HUMANE SOCIETY OF GREATER DAYTON
2018 SNAG A SUBARU RAFFLE
By participating, you (an “Entrant”) agree that:
1. ENTRANT MUST BE A LEGAL RESIDENT OF THE UNITED STATES AND AT LEAST 18 YEARS OLD AT TIME OF ENTRY. RAFFLE IS SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. ALL PROCEEDS BENEFIT THE HUMANE SOCIETY OF GREATER DAYTON, AN OHIO NON-PROFIT CORPORATION (“HSGD”).
2. Entry Period: The “2018 Snag a Subaru Raffle” (the “Raffle”) begins at 12:00 a.m. (ET) on May 26, 2018, and ends at 11:59 p.m. (ET) on December 13, 2018 (the “Raffle Period”). All entries must be received by 11:59 p.m. (ET) on December 13, 2018.
3. Eligibility: This Raffle is open only to legal residents of the United States. Entrants must be at least eighteen (18) years of age or older at time of entry. By participating in this Raffle, Entrants agree to: (a) be bound by and comply with these rules (the “Official Rules”) and by the interpretations of these Official Rules by HSGD and by the decisions of HSGD and its affiliates, parents, subsidiaries, predecessors, successors, sponsors, advertising agencies, and third party fulfillment agencies and their respective representatives, agents, employees, shareholders, officers, directors, members, managers, and assigns (collectively the “Raffle Entities”), which are final in all matters relating to this Raffle; and (b) release and hold harmless the Raffle Entities, the Dealer (as defined in Section 5) and its affiliates, parents, subsidiaries, predecessors, successors, sponsors, advertising agencies, and third party fulfillment agencies and their respective representatives, agents, employees, shareholders, officers, directors, members, managers, and assigns (the “Dealer Entities”), and the Third Party Administrator (as defined in Section 6) and its affiliates, parents, subsidiaries, predecessors, successors, sponsors, advertising agencies, and third party fulfillment agencies and their respective representatives, agents, employees, shareholders, officers, directors, members, managers, and assigns (the “Third Party Administrator Entities”), from all actions, claims, injuries, losses and damages, including without limitation death and bodily injury, arising in any manner, directly or indirectly, in whole or in part, from participation in this Raffle or any Raffle-related activity, including without limitation any travel or activities related to acceptance and/or use of the applicable Prize(s) (as defined below in Section 8) and from Entrants’ acceptance, receipt, use, or misuse of the applicable Prize(s). Because HSGD is engaging the Third Party Administrator to administer and audit Raffle and to promote the purchase of as many Raffle tickets as possible, Raffle tickets may be sold to HSGD’s representatives, employees, trustees, officers, agents, attorneys, and other persons affiliated with HSGD, and their immediate families. No person affiliated with the Dealer or the Third Party Administrator will be permitted to participate in the Raffle, including without limitation the Dealer’s and the Third Party Administrator’s affiliates, representatives, and agents.
4. Raffle Tickets: One (1) prize winner (the “Grand Prize Winner”) will be selected following the conclusion of the Raffle Period to win the Grand Prize (as defined below in Section 8) or the Cash Prize (as defined below in Section 8), subject to the terms and conditions of these Official Rules. The odds of winning each Prize depends on the number of Eligible Entries (as defined in Section 5) received. Each Eligible Entry will receive one (1) raffle ticket. Each Raffle ticket represents a separate and equal chance to win the Grand Prize, the Cash Prize, or the Additional Prize(s) (as defined below in Section 8), as applicable. No more than three thousand (3,000) Raffle tickets will be sold. Tickets will be sold to Entrants for twenty-five dollars ($25) each during the Raffle Period. HSGD may, in its sole discretion, randomly select one (1) or more additional prize winners (the “Additional Prize Winners”, and, together with the Grand Prize Winner, the “Prize Winners”) to win the Additional Prizes, if any.
5. To Enter: Entrants may enter the Raffle in the following ways:
(i) Online: To enter the Raffle online, an eligible Entrant must logon to www.hsdayton.org/subaru or www.hsdayton.org (each, a “Website”) and submit his/her valid name, address, telephone number, and e-mail address.
(ii) By Telephone: To enter the Raffle by telephone, an eligible Entrant must call the HSGD Development Office at (937) 262-5920 and provide his/her valid name, address, telephone number, and e-mail address to an authorized representative of HSGD.
(iii) In Person: HSGD Board Members and authorized HSGD employees, volunteers, and associated organizations (e.g., veterinary offices, pet supply stores, etc.), as well as authorized representatives of Saturn of Dayton, Inc. dba Subaru of Dayton (the “Dealer”), will be selling Raffle tickets in person at various locations in the Greater Dayton area.
All entries submitted in accordance with these Official Rules are collectively referred to as the “Eligible Entries.” Raffle ticket stubs will not be returned by mail to Entrants due to certain postal regulations. When an order is placed over the phone, in person, or via the Websites, an authorized representative of HSGD will complete the ticket by filling in the name, address, phone number, and e-mail address of the Entrant and will place the ticket in a secure location designated for the collection of Raffle tickets. HSGD may, in its sole discretion, but is not obligated to, issue telephonic or e-mail confirmations to Entrants upon the sale of Raffle tickets. Entrants may call HSGD to check when an order was processed and to obtain their ticket number(s), if so desired.
In the event of a dispute over who submitted a winning Eligible Entry electronically, the authorized subscriber of the e-mail account used to submit an Eligible Entry through a Website and participate in this Raffle at the actual time of entry will be deemed to be the Entrant. The authorized account subscriber is defined as the person who is assigned an e-mail address by an internet access provider, online service provider, or other organization (e.g. business, education, institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted email address.
6. Prize Winner Selection/Notification: The Prize Winners will be randomly selected by an employee of Flagel Huber Flagel (the “Third Party Administrator”) from among all of the Eligible Entries at Subaru of Dayton, 995 Miamisburg Centerville Road, Dayton, Ohio, on December 15, 2018, at approximately 2:00 p.m. (ET) (the “Drawing”).
If any Prize Winner is not present at the Drawing then winner notification will be made by telephone and e-mail on the date of the Drawing to the telephone number and e-mail address provided on his/her entry form. The potential Grand Prize Winner will have seven (7) days after the date of the Drawing to go to Humane Society of Greater Dayton, 1661 Nicholas Road, Dayton, Ohio 45417, during the hours HSGD is open for business, to claim the Grand Prize or the Cash Prize, as applicable. If a potential Grand Prize Winner does not claim the Grand Prize or the Cash Prize, as applicable, within seven (7) days after the Drawing, the potential Grand Prize Winner will be disqualified and will forfeit all rights and claims in the Grand Prize or the Cash Prize, as applicable, and an alternate Grand Prize Winner will be randomly selected from among the remaining applicable Eligible Entries. Each potential Additional Prize Winner will have seven (7) days after the date of the Drawing to go to HSGD’s offices located at 1661 Nicholas Road, Dayton, Ohio 45417, during HSGD’s regular business hours to claim the applicable Additional Prize. If a potential Additional Prize Winner does not claim the applicable Additional Prize within seven (7) days after the Drawing, the potential Additional Prize Winner will be disqualified and will forfeit all rights and claims in the applicable Additional Prize and an alternate Additional Prize Winner will be randomly selected from among the remaining applicable Eligible Entries.
7. Prize Winner Verification: The potential Prize Winners must prove eligibility, including without limitation proof of age and residence. In the event of non-compliance by a potential Prize Winner of these Official Rules, such potential Prize Winner will be disqualified and will forfeit all rights and claims in the applicable Prize(s), and an alternate Prize Winner will be randomly selected from among the remaining applicable Eligible Entries to win the applicable Prize(s). To be eligible to win a Prize each potential Prize Winner must sign and return within three (3) days of receipt of such documents from HSGD: (a) an affidavit of eligibility and release of the Raffle Entities, the Dealer Entities, and the Third Party Administrator Entities from liabilities, losses, claims, demands, and causes of action for personal injury, damage, theft, loss, and any other harm suffered or that might be suffered, directly or indirectly, in connection with the Raffle and/or the possession, use/misuse, and/or acceptance of the applicable Prize or any portion thereof; and (b) except where prohibited by law, a promotional release granting the Raffle Entities, the Dealer Entities, and the Third Party Administrator Entities the right to use the potential Prize Winner’s name, likeness, address, photograph, videotape and/or statements for advertising and publicity purposes without additional compensation. Entry into this Raffle constitutes agreement to sign such releases. Each Prize Winner also must acknowledge that the Raffle Entities have not and will not obtain or provide insurance of any kind relating to the Prizes (as defined below in Section 8), and that Prize Winner will be responsible for obtaining and paying for any life, travel, accident, auto, casualty, property or other forms of insurance relating to the applicable Prize, and any taxes, registration fees, title fees, transfer fees, license duties, and all expenses relating to the Prize Winner’s claiming, registering, receiving, owning, or using the applicable Prize. The Prize Winners also must complete any additional legal documents provided by HSGD, the Dealer, and any of their respective agents with respect to the applicable Prize, and return them as instructed within the timeframe specified. Failure to comply with the requirements set forth in this Section 7 might result in forfeiture of the applicable Prize, as determined in HSGD’s sole discretion. All decisions of HSGD relating to this Raffle are final and non-negotiable.
8. Prize: The Grand Prize Winner will receive one (1) 2018 Subaru Outback (the “Grand Prize”), except as otherwise provided in these Official Rules. Each Additional Prize Winner will receive one (1) additional prize (each, an “Additional Prize”), if HSGD elects to make Additional Prizes available. The Grand Prize and the Additional Prize(s) are collectively referred to as the “Prizes”.
Notwithstanding anything to the contrary contained in these Official Rules, all details of the Grand Prize shall be at HSGD’s sole discretion, including without limitation color, options, features, and model, except to the extent that the Grand Prize Winner and the Dealer independently agree in writing with respect to such details. Any alteration to the details of the Grand Prize requested by the Grand Prize Winner and agreed independently by the Dealer might delay delivery of the Grand Prize or might add to the cost of the Grand Prize at the Grand Prize Winner’s expense. The Grand Prize does not include anything other than as specifically set forth in these Official Rules. If the Grand Prize Winner is unable to accept the Grand Prize or the Cash Prize, as applicable, for any reason, the Grand Prize Winner’s privileges and Grand Prize or the Cash Prize, as applicable, will be terminated and an alternative Grand Prize Winner will be randomly selected from the remaining Eligible Entries.
All dates and times are subject to change in HSGD’s sole discretion. If for any reason whatsoever the Grand Prize or the Cash Prize, as applicable, is delayed, cancelled, or postponed, the Raffle Entities reserve the right, but are not obligated, to cancel or modify this Raffle in their sole discretion and may award a substitute prize of comparable or greater value.
The approximate retail value (“ARV”) of the Grand Prize is $22,373. The ARV of the Grand Prize is subject to change based on market conditions. Any difference between the ARV and the actual value of any Prize, if any, will not be awarded. If, for any reason, the Raffle Entities are unable to provide the Grand Prize, the Raffle Entities’ only obligation is to award a substitute prize of comparable or greater value, including without limitation cash equivalent, as determined in the Raffle Entities’ sole discretion. Upon agreement of HSGD, the Grand Prize Winner, and the Dealer, HSGD will substitute the Grand Prize for its cash equivalent, which cash equivalent may be credited toward the purchase of a substitute vehicle from the Dealer (the “Substitute Vehicle”). If the Substitute Vehicle’s ARV is less than the Prize ARV, the Prize Winner is not entitled to any refund or credit whatsoever.
Notwithstanding anything to the contrary contained in these Official Rules, if less than 1,790 tickets are sold then (i) the Grand Prize will not be awarded to the Grand Prize Winner and (ii) HSGD will deliver to the Grand Prize Winner, in cash, an amount equal to one half of the aggregate amount of all proceeds received by HSGD from the sale of Raffle tickets pursuant to these Official Rules less reasonable costs incurred by HSGD in connection with this raffle, as determined by HSGD in its sole discretion (the “Cash Prize”).
THE RAFFLE ENTITIES MAKE NO WARRANTY, REPRESENTATION, OR GUARANTEE OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE ACCEPTANCE AND/OR USE OF THE PRIZES, INCLUDING WITHOUT LIMITATION ITS QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
9. General Prize Terms: Arrangements for fulfillment of the Prizes will be made by HSGD. The value of the Prizes will be taxable to the Prize Winners as income. The Prize Winners must supply HSGD with his/her social security number for tax purposes. IRS Form 1099 will be issued in the name of the Prize Winners for the ARV of the applicable Prize received. Upon entry into this Raffle, all Entrants are required to comply with all applicable federal, state, and local laws, rules, and regulations. All federal, state and local taxes, and any other costs not specifically provided for in these Official Rules, are solely the responsibility of the Prize Winners. The Raffle Entities will have no responsibility or obligation to the Prize Winners or potential Prize Winners who is unable or unavailable to accept or utilize the applicable Prize as described in these Official Rules. Prize Winners are solely responsible for and will indemnify the Raffle Entities, the Dealer Entities, and the Third Party Administrator Entities with respect to all taxes, registration, title, transfer fees, license duties, documents, insurance, and all expenses and documentation required in claiming, registering, receiving, owning, and using the applicable Prize.
10. General Terms: Noncompliance with any of these Official Rules may result in disqualification. ANY VIOLATION OF THESE OFFICIAL RULES BY ANY POTENTIAL PRIZE WINNER OR PRIZE WINNER OR ANY BEHAVIOR BY ANY POTENTIAL PRIZE WINNER OR PRIZE WINNER THAT WILL BRING SUCH PRIZE WINNER OR ANY OF THE RAFFLE ENTITIES INTO DISREPUTE (IN THE RAFFLE ENTITIES’ SOLE DISCRETION) WILL RESULT IN SUCH PRIZE WINNER’S DISQUALIFICATION AS A PRIZE WINNER OF THIS RAFFLE AND ALL PRIVILEGES AS PRIZE WINNER WILL IMMEDIATELY AND AUTOMATICALLY TERMINATE.
The Raffle Entities assume no responsibility for incomplete, incorrect, or inaccurate entry information, whether caused by any of the equipment, software, or programming associated with or utilized in this Raffle or by any human, mechanical, or electronic error that might occur in the processing of the entries in this Raffle. The Raffle Entities are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any email on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof. The Raffle Entities are not responsible for any typographical or other error in the printing of the offer, administration of this Raffle, processing entries, identifying the Prize Winners or in the announcement of the applicable Prizes or the Prize Winners. If, for any reason, this Raffle is not capable of running as planned, including without limitation infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Raffle Entities that corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Raffle, HSGD reserves the right in its sole discretion to cancel, terminate, modify, or suspend this Raffle. Should this Raffle be terminated prior to the stated expiration date, notice will be posted on the Websites during the Raffle Period and the applicable Prizes may be awarded to a winner to be selected from among all Eligible Entries received up until the time of modification, cancellation, or termination or in a manner that is fair and equitable as determined by HSGD in its sole discretion. All interpretations of these Official Rules and decisions by HSGD are final. HSGD reserves the right in its sole discretion to disqualify any individual they suspect or find (a) to have tampered with the entry process or the operation of this Raffle or (b) to be acting in violation of these Official Rules. THE COURTS IN OHIO (STATE AND FEDERAL) SHALL HAVE EXCLUSIVE JURISDICTION OF ANY CONTROVERSIES REGARDING THIS RAFFLE AND THE LAWS OF THE STATE OF OHIO SHALL GOVERN THIS RAFFLE. EACH ENTRANT WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THESE COURTS AND HEREBY SUBMITS TO THE JURISDICTION OF THOSE COURTS. Entrants agree to indemnify and hold harmless the Raffle Entities from all liability resulting or arising from this Raffle, hereby release all rights to bring any claim, action, or proceeding against the Raffle Entities, and hereby acknowledge that the Raffle Entities have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any Prize.
11. Request for Name of Prize Winner and Official Rules: All requests for a copy of these Official Rules and/or for the name of the Prize Winner must be made by December 31, 2018 by sending a self-addressed stamped envelope to:
Humane Society of Greater Dayton
2017 Snag a Subaru Raffle
1661 Nicholas Rd.
Dayton, OH 45417
12. LIMITATION ON LIABILITY. THE RAFFLE ENTITIES’ LIABILITY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR BY STATUTE OR OTHERWISE) TO ANY ENTRANT, PRIZE WINNER, OR POTENTIAL PRIZE WINNER, OR TO ANY THIRD PARTY, CONCERNING PERFORMANCE OR NON-PERFORMANCE OR OTHERWISE RELATED TO THE RAFFLE, THE PRIZES, OR THESE OFFICIAL RULES IS LIMITED TO, IN THE AGGREGATE, THE RAFFLE TICKET PRICE PAID BY SUCH ENTRANT, PRIZE WINNER, POTENTIAL PRIZE WINNER, OR THIRD PARTY. THE RAFFLE ENTITIES ARE NOT LIABLE, IN ANY EVENT (INCLUDING WITHOUT LIMITATION ANY ENTRANT’S, PRIZE WINNER’S, POTENTIAL PRIZE WINNER’S, OR THIRD PARTY’S USE OF OR INABILITY TO USE THE APPLICABLE PRIZE OR ANY SUBSTITUTE PRIZE PERMITTED IN THESE OFFICIAL RULES), FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR INDIRECT DAMAGES OR EXPENSES (INCLUDING WITHOUT LIMITATION LOST PROFITS AND SAVINGS), EVEN IF THE RAFFLE ENTITIES WERE ADVISED OF THE POSSIBILITY OF THE OCCURRENCE OF SUCH DAMAGE.