ST. JUDE DREAM HOME® GIVEAWAY 2015 TERMS & CONDITIONS
Thank you for supporting the Colorado Springs St. Jude Dream Home® Giveaway, conducted by ESA International Colorado State Council. Your purchase of one or more St. Jude Dream Home Giveaway raffle ticket(s) signifies your agreement to the following Terms & Conditions. In the event of any dispute, a reasonable interpretation or determination by Epsilon Sigma Alpha (ESA) regarding the application of these Terms & Conditions is final and binding. The St. Jude Dream Home Giveaway is void where prohibited by law.
• To be eligible to purchase a ticket, you must be at least 18 years old and a resident of the United States. The following persons, and their employees and immediate family members, are not eligible to purchase a ticket: Officers, directors, and employees of ALSAC or St. Jude Children’s Research Hospital (SJCRH).
• The following persons, and their employees and immediate family members, are not eligible to purchase St. Jude Dream Home Giveaway ticket within the market in which they are providing services: St. Jude Dream Home Giveaway media and prize sponsors; builders, developers, and volunteers; auditors and accountants; and Members of ESA.
• “Immediate family members” includes the spouse, parents, in-laws, grandparents, great-grandparents, brothers, sisters, children, grandchildren, and great-grandchildren of the employee and his/her spouse. This definition also includes individuals for whom an employee is the current legal guardian or individuals who are not legally related to but who reside with an employee, including "step" and adoptive relationships.
• The determinations of ESA and SJCRH, are final and binding with respect to any matter arising out of the interpretation or application of these terms and conditions.
• A ticket purchased by an ineligible person is void, and cannot be a winning ticket. No refunds will be made to ineligible purchasers.
• A ticket issued in exchange for a check returned for “insufficient funds,” or for a credit card charge that was “declined,” or reported as “invalid” or “stolen” is void, and cannot be a winning ticket. Tickets • A ticket represents a chance to win the opportunity to accept an offer of the stated prize. All sales of tickets are final, and no refunds will be paid. Tickets, prizes, receipts, and any winner’s rights are not transferable. Purchases made via the toll free number are limited to a maximum of 50 tickets per phone transaction.
• The IRS has ruled that payment for a raffle ticket is not a tax-deductible charitable contribution; however, payment for a raffle ticket which exceeds the price of the ticket is a tax-deductible charitable contribution. The Drawing • The winning ticket for each prize will be selected by a random drawing. All tickets have an equal chance to win. Ticket purchasers need not be present to win.
• Prizes to be awarded include: the St. Jude Dream Home house; a Hot Spring Limelight Flair hot tub valued over $11,000; a $10,000 shopping spree at Furniture Row; a $1,000 American Express gift card; a Haro Mountain Bike, valued at $1,000; an Artesso™ SmartTouch® Kitchen Faucet in Brilliance® Stainless; and a Huntervention Weekend Makeover including 3 fans, accessories and a $250 Visa gift card. Winners • Each prize will be awarded to a winner. If the ticket has more than one name on it, the prize will be awarded to the eligible individual whose name appears first on the ticket. That individual is solely responsible for allocating the value of the prize among the purchasers.
• Each winner will be notified by phone followed up with a letter and Winner Notification Agreement (WNA) sent via USPS to the address provided by the winner within thirty (30) days of the drawing. The notification shall state the prize won, a contact person’s telephone number, and the time and location where the prize can be claimed. If the prize has not been claimed within thirty (30) days of receipt of the notification, a second notification will be sent via USPS certified mail, return receipt requested, giving an additional thirty (30) days for winner to claim prize. Failure to execute and return the WNA and accept the prize “as is,” timely, and pursuant to the terms stated in the WNA, will automatically result in forfeiture of the prize, with no substitution or alternative prize available to the original winner.
• Acceptance of a prize constitutes permission for ESA and St. Jude to use the winner’s name, picture, video image, and relevant quotes to promote the St. Jude Dream Home Giveaway, and agreement by the winner that the prize will not be used for further fundraising.
• ESA may substitute a prize of equal or greater value if the stated prize is not reasonably available. Travel prizes are subject to availability, and other restrictions may apply.
• The winner of each prize shall have no rights in or to the prize itself until he has timely executed the WNA and returned it to ESA, and until delivery of the prize to the winner has been completed. Until that time, as between ESA and the winner, each prize remains the sole property of ESA.
• The winner accepting the house will take ownership subject to all applicable federal, state, and local land use restrictions, and to any covenants, rules, or other restrictions administered by a homeowners’ or condominium association, or other community. Taxes • The value of each prize is includible in the winner’s gross income, and may be subject to reporting by ESA to the Internal Revenue Service. Each winner is solely responsible for payment of all federal, state, and/or local income, sales, or use taxes due on account of his or her acceptance of the prize. The winner of the St. Jude Dream Home Giveaway house agrees that the value of the property reported by St. Jude for income tax and other purposes will be based on the written appraisal obtained by St. Jude from a licensed appraiser.
• With respect to any prize whose value is more than $5,000, the Internal Revenue Service requires ESA to withhold federal income tax at the rate of 28%, and the winner must pay the amount of tax to be withheld to ESA as a condition of transfer of ownership of the prize. The winner of a vehicle in the St. Jude Dream Home Giveaway is responsible for payment of applicable taxes, titling, and licensing fees.
• Winners should consult a tax professional. No Warranty • Each winner accepts the prize “as is,” and without recourse to ESA and SJCRH with respect to any defect, injury, damage, or other problem that may arise or become apparent with respect to the prize. ESA and SJCRH disclaim any and all warranties with respect to each prize, including but not limited to any warranty of fitness for a particular purpose. Limitation of Liability • Because ESA and SJCRH have no right to control, nor exercise any control, over the personnel, equipment, or operations of any builder, seller, or manufacturer of any prize, or any part of any prize, ESA and SJCRH assume no responsibility for any financial loss, personal injury, or property.