Rules
Yerba Buena Center for the Arts San Francisco Dream House Raffle Official Rules and Regulations
Yerba Buena Center for the Arts (YBCA), a tax exempt organization under Section
501(c)(3) of the Internal Revenue Code, is conducting this raffle pursuant to
California Penal Code Section 320.5, et seq, to raise funds for ongoing charitable
purposes. The Rules and Regulations of the YBCA raffle are set forth below. By
purchasing a raffle ticket the purchaser agrees to be bound by these rules and
regulations. Yerba Buena Center for the Arts' interpretation and application of
the rules and regulations shall be final.
The Grand Prize Drawing for Yerba Buena Center for the Arts San Francisco Dream
House Raffle will be held on Saturday, July 13, 2013. Tickets will not be sold
after June 21, 2013. Tickets may sell out before that time. An independent raffle
auditor will supervise the drawing. Prize winners do not need to be present to
win.
Only 90,000 tickets will be sold. The chances of winning are based on that number.
If fewer tickets are sold, your chances of winning the Grand Prize and other
prizes improve. The IRS has taken the position that amounts paid for chances in
raffles, lotteries or similar drawings for valuable prizes are not gifts, and
consequently do not qualify as deductible charitable contributions.
If the House is chosen as the prize, the Grand Prize Winner assumes all fees,
local, state and federal taxes (including but not limited to income taxes based on
the value of the house), financing costs (including, but not limited to, closing
costs, title insurance, and transfer tax and fees) which must be paid when the
House is transferred to the winner. Likewise, there are federal taxes and there
may be state and/or local tax consequences if the winner selects the alternate
cash prize. (See Prizes section below) These consequences may apply to other
prizes as well. YBCA takes no responsibility for any tax liabilities. Consult your
tax advisor. This offer is void where prohibited by law, and all federal, state
and local laws and regulations apply.
BY ENTERING THIS RAFFLE, ENTRANTS ACCEPT AND AGREE (1) TO BE BOUND BY ALL
THE RULES, LIMITATIONS AND RESTRICTIONS SET FORTH HERE AND (2) THAT THEIR NAMES
AND/OR LIKENESSES MAY BE DISCLOSED TO AND USED BY THE NEWS MEDIA AND MAY OTHERWISE
BE USED BY YBCA FOR PUBLICITY PURPOSES AND IN LISTS OF PRIZE WINNERS TO BE
PUBLISHED IN AREA NEWSPAPERS AND ANNOUNCED ON THE YBCA RAFFLE WEBSITE. OTHER RULES
AND REGULATIONS MAY APPLY. PLEASE CONTACT YBCA IF YOU HAVE QUESTIONS. YBCA'S
INTERPRETATION AND APPLICATION OF THE RULES AND REGULATIONS SHALL BE FINAL.
BY ENTERING THIS RAFFLE, EACH PARTICIPANT RELEASES YBCA, ITS DIRECTORS,
OFFICERS, EMPLOYEES AND AGENTS FROM ANY AND ALL LIABILITY FOR INJURIES, LOSSES OR
DAMAGES OF ANY KIND CAUSED BY PARTICIPATING IN THE RAFFLE OR WINNING ANY PRIZE OR
RESULTING FROM ACCEPTANCE, POSSESSION, USE OR MISUSE OF ANY PRIZE, AND EACH WINNER
AGREES TO INDEMNIFY AND HOLD YBCA HARMLESS FROM ANY AND ALL LOSSES, DAMAGES,
RIGHTS, CLAIMS AND ACTIONS OF ANY KIND RISING IN CONNECTION WITH OR AS A RESULT OF
PARTICIPATING IN THE RAFFLE OR THE WINNER'S ACCEPTANCE OR USE OF ANY PRIZE.
EACH PARTICIPANT HEREBY WAIVES THE PROVISIONS OF CIVIL CODE SECTION 1542 WHICH
STATES THE FOLLOWING: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF
EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED
HIS OR HER SETTLEMENT WITH THE DEBTOR".
Tickets:
Tickets are $150 each, 3-packs for $400, or 5-packs for $550. Only one method of
payment, one name, and one mailing address are permitted per ticket pack. Only
one eligible person may be entered in the raffle per ticket sold. If the name of
more than one person is submitted with a ticket purchase, and that ticket is
selected as a winning ticket, then the person named first will be deemed the
holder of record of that ticket and declared the winner. Division of prize by a
group purchasing a ticket in common shall be to the sole responsibility of the
person named as the holder of record of that ticket, should that ticket be
selected as a winner.
Early ticket purchases will be included in up to four drawings. Tickets purchased
by March 29, 2013, will be eligible for the Early Bird Drawing 1 (drawing date on
or about April 10, 2013). Tickets purchased by April 26, 2013, will be eligible
for the Early Bird Drawing 2 (drawing date on or about May 8, 2013). Tickets
purchased by May 24, 2013, will be eligible for the Early Bird Drawing 3 (drawing
date on or about June 5, 2013). All such tickets, including all winning tickets
from Early Bird Drawings, will be included in applicable subsequent drawings as
well as the Grand Prize Drawing.
YBCA reserves the right to reject any entry form that is submitted with payment
that does not constitute "good funds." All defective or physically altered entry
forms will be immediately disqualified by YBCA. Prior to the Grand Prize Drawing,
YBCA will make a reasonable effort to notify the individual and/or entity that
submits such an entry form or one which has been rejected because the credit card
or check did not clear that the entry has been rejected by attempting to make
contact through the information provided at the time of submitting the purchase
request. All orders for tickets for the Early Bird Drawings must be received
and/or purchased by the indicated deadline. Any orders received after these
deadlines will be held for the subsequent drawings, if applicable and Grand Prize
Drawing. YBCA assumes no responsibility for lost, late, misdirected or
non-delivered mail or fax messages, or any other failure to receive orders or
deliver receipts prior to the drawing deadlines.
A RAFFLE PARTICIPANT'S SOLE AND EXCLUSIVE REMEDY FOR YBCA'S BREACH SHALL
BE LIMITED TO THE RETURN OF THE PURCHASE PRICE PAID FOR HIS OR HER RAFFLE
TICKET(S). IN NO EVENT SHALL YBCA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR
REPRESENTATIVES BE LIABLE TO ANY PARTY FOR ANY LOSS OR INJURIES TO EARNINGS,
PROFITS OR GOODWILL, OR FOR ANY INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL
DAMAGES OF ANY PERSON OR ENTITY WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
How to Purchase:
An individual can purchase as many tickets as he or she may wish, subject
to availability.
To purchase tickets: use the order form provided and fax the order form to
(415-325-5775) or you may mail it to YBCA Dream House Raffle, 701 Mission Ave, San
Francisco, CA 94103-3138 or call 1-800-870-7886 providing your name, address,
phone number along with your credit card number, credit card security code and
expiration date. Tickets cannot be purchased on the raffle website or by email.
Any entry form submitted by email will be rejected. All entries must include
payment by check, money order or credit card. YBCA reserves the right to reject
any entry form that is submitted with payment that does not constitute "good
funds." No refunds will be made except under the following circumstances: any
ticket order with payment received after 90,000 tickets have been sold or after
June 21, 2013, will be returned. No other refunds are available except in the
exclusive discretion of YBCA. YBCA assumes no responsibility for lost, late,
misdirected or non-delivered mail or fax messages, or any other failure to receive
orders or deliver receipts prior to the drawing deadlines.
Selection of Winners:
The Yerba Buena Center for the Arts San Francisco Dream House Raffle Grand Prize
Drawing will be held on July 13, 2013 from all eligible raffle tickets. Winners
need not be present to win. YBCA will conduct the Early Bird drawings on April 10,
2013 (Early Bird Drawing 1), May 8, 2013 (Early Bird Drawing 2), and June 5, 2013
(Early Bird Drawing 3). The Bonus Multi-Ticket Drawing and Refer-A-Friend Drawing
(See Bonus Drawings) will be held on July 13, 2013. The Early Bird Drawings,
Bonus Multi-Ticket Drawing, Refer-A-Friend Drawing and Grand Prize Drawing will be
held under the supervision of an independent raffle auditor. Winners will be
notified according to the contact information provided to YBCA at the time of
ticket purchase. If the grand prize winner cannot be located by 5:00 p.m., July
19, 2013, after attempting to make contact through the information provided at the
time of purchasing the ticket, such winner will be deemed to have elected the
onetime cash alternate prize and another winner will not be selected for such
prize. In addition to the list of winners posted on the YBCA raffle web site, a
list of winners may be obtained from YBCA or by sending a self-address, stamped
envelope to YBCA Dream House Raffle, 701 Mission St, San Francisco, CA 94103-3138
within one week of the drawing.
In order to collect his or her prize, a ticket winner may be required to sign and
deliver to YBCA: (a) a sworn affidavit of eligibility in accordance with these
Rules and applicable law, including without limitation that he or she is at least
18 years old; (b) such written information as is required by any applicable tax
and/or real estate laws, including without limitation his or her Social Security
Number; (c) proof of identity in forms satisfactory to YBCA showing that the
person claiming the prize is the same person who is named on the winning raffle
ticket.; and (d) the winning ticket stub. Certain prize winners may be required
to submit a W-2G, Form 5754 or similar tax form (provided by YBCA) for tax
withholding purposes.
Winning Odds:
1800 total prizes will be awarded. Approximately 1 in 50 chances to win a prize.
The odds of winning a prize will depend on the number of tickets sold. If all
90,000 tickets are sold the odds of winning the Grand Prize is 1 in 90,000. If
fewer tickets are sold, the chance of winning the Grand Prize, Early Bird Prizes
and all secondary prizes improves.
Eligibility:
Anyone 18 years of age or older and a U.S. resident physically residing in the
United States and DC may enter. YBCA employees, members of the Board of
Directors, authorized agents and employees thereof, consultants, attorneys,
independent accountant firm, and their spouses and children living in the same
household are excluded from participating and are not eligible to win a prize.
All federal, state, and local laws and regulations apply. The raffle is void
where prohibited or restricted by law. An affidavit of eligibility may be
required from prize winners.
Prizes:
The Grand Prize is the home located in San Francisco, CA, and referred to in all
raffle materials. Alternatively, the Grand Prize winner may elect to receive an
annuity of $4,000,000 paid over 20 years or a onetime $2,800,000 cash payment
(except as stated below). The Grand Prize Winner must make an election in writing
between the house, the annuity, or the onetime cash payment no later than 5:00
p.m. July 19, 2013. If the home is not available due to circumstances outside of
the control of YBCA, as determined by YBCA, the Grand Prize Winner will instead
have no election as stated above and will instead have an election between an
annuity of $4,000,000 paid over 20 years or a onetime $2,800,000 cash payment
(except as stated below). A minimum of 85,000 tickets must be sold by June 21,
2013 for the Grand Prize Winner to have a choice of the House, the annuity of
$4,000,000 paid over 20 years, or a onetime $2,800,000 cash payment alternate
prize. If fewer than 85,000 tickets are sold by Friday June 21, 2013, the raffle
will be held as scheduled, and prizes will be awarded as advertised with the
exception that the Grand Prize Winner will receive a choice between sum equal to
50% of the Net Raffle Proceeds paid as an annuity over 20 years, not to exceed
$4,000,000 or a onetime cash payment of 70% of the annuity value, not to exceed
$2,800,000. Net Raffle Proceeds will be calculated based on YBCA accounting, which
shall be final and conclusive with respect to the Grand Prize Winner. For these
purposes "Net Raffle Proceeds" are defined as the balance of funds left after
paying all other prizes, all raffle expenses and all expenses for the House. At
the option of YBCA, the drawing date for the grand prize may take place earlier if
all raffle tickets have been sold.
All vehicles come base model factory equipped and winner(s) are also solely
responsible for any and all state or local license, title, registration, taxes, or
fees associated with the vehicle, as well as insurance (proof of which must be
shown prior to delivery) and pickup or delivery costs at the dealership as well as
any non-standard options chosen by the winner and negotiated with the dealership.
All winners of vehicles must make an election in writing between the vehicle and
the alternative cash payment no later than 5:00 p.m. on the fifth business day
after the drawing. All vehicles are subject to availability at the automobile
dealer selected by YBCA and may be substituted with a comparable vehicle by YBCA
or with the cash alternate prize.
Vacation travel prizes are for two economy round trip tickets from a San Francisco
airport (SFO, Oakland and San Jose) to the destination city and for one double
occupancy standard hotel room in the destination city or cities for six nights.
All vacation and travel prizes are subject to space and availability. All
gratuities, taxes and fees are the responsibility of the winner and each vacation
prize has a maximum value of five thousand dollars in total. Winners of travel
related prizes must comply with all applicable requirements and restrictions
related to said prizes including without limitation applicable travel dates, age
restrictions, liability waivers, travel documentation and reservation and
confirmation procedures. All vacations are subject to availability and may be
substituted with a comparable vacation prize or with the cash alternate prize.
Early Bird Drawings:
- Early Bird Drawing 1:
- Prize: Winner's choice between a Mini Cooper, Toyota
Prius c, Ford Mustang, or $25,000 cash
- Early Bird Drawing 2:
- 1st Prize: Winner's choice between a trip to Prague,
Czech Republic, a trip to Vienna, Austria, or $5,000 cash
- 2nd Prize: Winner's choice between a trip to Maui, a
trip to Jamaica, or $5,000 cash
- Early Bird Drawing 3:
- Prize: Winner's choice between a trip to Quebec City,
Montreal and Toronto, a trip to Costa Rica, or $5,000 cash
Grand Prize Drawing:
- Grand Prize: The San Francisco Dream House or $4,000,000 annuity or $2,800,000 onetime cash option*
- 2nd Prize: Winner's choice between an Audi Q5, Mercedes-Benz
C 250 Coupe, BMW X3, or $45,000 cash*
- 3rd Prize: Vacation to Paris, France or $5,000 cash*
- 4th Prize: Vacation to Venice, Italy or $5,000 cash*
- 5th Prize: Vacation to Alaska or $5,000 cash*
- 6th Prize: Vacation to New York City or $5,000 cash*
- 7th Prize: Winner's choice between a vacation to Honolulu,
a vacation to Cabo San Lucas, or $5,000 cash*
- 8th Prize: Winner's choice between a vacation to Australia,
a vacation to New Zealand, or $5,000 cash*
- 9th Prize: Winner's choice between a vacation to the
Cayman Islands, a vacation to Barbados, or $5,000 cash*
- 10th Prize: Winner's choice between a vacation to Beijing,
China, a vacation to Athens, Greece, or $5,000 cash*
- Prizes 11-1,800:
- 50 Samsung® Galaxy Tab 2 7.0 w/8GB Memory
- 40 Samsung® Blu-ray™ Disc Player
- 40 Canon® PowerShot® A1400
- 1 Canon® EOS REBEL® T3i 18-55 IS Lens Kit
- 25 Samsung® Long Zoom HD Camcorder Silver
- 25 Samsung Rugged Full HD Pocket Camcorder, Red
- 1 Samsung 46" LCD HDTV
- 1 Samsung® 51" Slim Plasma HDTV
- 50 Kindle® Fire Wi-Fi
- 25 Amazon® Kindle® with case
- 50 RCA® 5.1 Channel DVD Home Theater System
- 100 RCA® 7" Portable DVD Player w/Swivel Screen
- 50 RCA® Stereo System with iPod/iPhone Dock
- 10 Sony® Noise Canceling Headphones
- 5 Dyson® DC24 Ball Vacuum Cleaner
- 25 Dyson® 10" Air Multiplier, Blue/Iron
- 50 Philips Sonicare™ EasyClean Toothbrush
- 50 Le Creuset® 14 Oval Casserole Dish
- 50 Hamilton Beach® Scoop Coffee Maker
- 10 Le Creuset® 16 Pc Dinnerware Set
- 5 Wine Enthusiast® Silent 28 Bottle Wine Refrigerator
- 25 3-Piece Luggage Set
- 50 Capresso® Tea Kettle
- 100 Pearl Bracelet, Earring & Necklace Set
- 948 12 Megapixel Digital Camera
- 1 Diamond Earrings Set
- 1 Diamond Necklace
- 1 Diamond Bracelet
- 1 Movado® Concerto Ladies Watch with diamonds
- * except as stated above
Bonus Drawings:
- Multi-Ticket Drawing
- Prize: Mercedes-Benz SLK 350 Roadster or $50,000
cash
- Any individual who buys three or more tickets will be entered into the
Multi-Ticket Drawing, subject to the following; to be eligible
entrants must purchase three or more tickets during the same purchase,
using one method of payment, using the same name on each ticket, and
the same mailing address for each eligible ticket. For each eligible
ticket purchased, a corresponding eligible ticket will be added into
the Multi-Ticket Drawing. Three tickets purchased will have three
tickets entered into the Multi-Ticket Drawing. Four tickets purchased
will have four tickets entered into the Multi-Ticket Drawing, etc.
Multiple tickets purchased at the same time are eligible for
discounts. 3-packs are available for $400 and 5-packs are available
for $550.
- Refer-A-Friend Drawing
- Prize: Smart Car or $15,000 cash
- For every person who purchases a ticket and provides your name at the
time of purchase, you will receive one ticket entry specifically for the
Refer-A-Friend Drawing. If two people you refer each purchase a separate
ticket, you will receive two entries, if three people you refer each purchase
separate tickets, you will receive three entries, etc. Drawing will be
held at the time of the Grand Prize Drawing.
General Terms and Conditions:
The House, if selected, will be transferred to the Grand Prize winner
"AS IS, WHERE IS, AND WITH ALL FAULTS". YBCA DOES NOT PROVIDE ANY
GUARANTEE OR WARRANTY, EXPRESSED OR IMPLIED, IN CONNECTION WITH THE HOUSE AND
ACCEPTS NO LIABILITY OR RESPONSIBILITY REGARDING THE CONSTRUCTION OR CONDITION OF
THE HOUSE. YBCA DOES NOT WARRANT THAT THE HOUSE IS OF MERCANTILE QUALITY OR THAT
IT CAN BE USED FOR ANY PARTICULAR PURPOSE. NO EXPRESS WARRANTIES ARE GIVEN AND NO
AFFIRMATION OF YBCA BY WORDS AND/OR ACTIONS WILL CONSTITUTE A WARRANTY.
At the time of closing, all federal and state income taxes based on the value of
the House will be due from the Grand Prize Winner. If the Grand Prize Winner
selects the annuity or the onetime cash payment instead of the House as well as
winners of Early Bird Prizes, Multi-Ticket Prizes, Refer-A-Friend Prizes and
Secondary Prizes over $5,000, all appropriate and required federal and state taxes
will be withheld by YBCA in accordance with federal and state law and YBCA will
remit the balance of the cash prizes to the winners. YBCA makes no guarantee that
the Grand Prize Winner will be able to sell the House for a particular value, nor
is there any guarantee that the Internal Revenue Service (IRS) will accept that
value of the house for the purpose of determining any income tax that may be due
from the winner. YBCA takes no responsibility for any tax liabilities. Consult
your tax advisor.
ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE CONTRACT, OR
THE BREACH THEREOF, SHALL BE SETTLED BY BINDING ARBITRATION ADMINISTERED BY THE
AMERICAN ARBITRATION ASSOCIATION (PURSUANT TO ITS EXPEDITED PROCEDURES) UNDER ITS
COMMERCIAL ARBITRATION RULES, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR
MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.
Registration with the State of California:
By letter from the Attorney General's office, Yerba Buena Center for the Arts has
registered with the Department of Justice under Raffle Registration Number RF0002975.
The official registration and financial information regarding Yerba Buena Center for
the Arts can be obtained from the Attorney General's website [at
www.ag.ca.gov/charities]. Registration does not
imply endorsement.