Shepherd’s Heart Fundraising Raffle 2019

The Big Dog Raffle (“Raffle”) is being conducted by Shepherd’s Heart (“SH”), a not-for-profit charitable organization. The Raffle is being conducted pursuant to the Texas Charitable Raffle Enabling Act, Title 13. Chapter 2002. Charitable Raffles, to raise funds for ongoing charitable purposes.  Shepherd’s Heart Fundraising Raffle Official Rules and Regulations (the “Official Rules”) are set forth below. By purchasing a Raffle ticket (a “Ticket”), the purchaser acknowledges that he or she is aware of, and agrees to be bound by, these Official Rules and SH’s interpretation of any such Official Rules. SH shall be responsible for interpreting and applying the Official Rules. SH’s interpretation and application of such rules shall be final. By entering, participants (a) agree to be bound by the Official Rules, (b) release SH and its agents and their respective parent companies, subsidiaries and affiliates, and each of their respective officers, directors, employees and agents from any and all liability, loss, or damage arising out of their participation in the Raffle or with respect to the awarding, receipt, possession, use and/or misuse of any prize. SH reserves the right to cancel the Raffle or change any element thereof, with or without notice, at any time, due to printing errors or other mistakes in the production of the Raffle.

Eligibility

The Raffle is open to legal residents of the State of Texas, United States, (except for Loving and King County residents) who are physically located in the State of Texas, United States and 18 years of age or older at the time of purchase. The Raffle is void where prohibited by law.

How to Enter

Tickets are $100 and are non-refundable. Only one (1) eligible person may be entered in the Raffle per Ticket sold. If the name of more than one (1) person is provided on a Ticket entry form and that Ticket is selected as a winning ticket, then the person named first will be deemed as the holder of record of that Ticket and declared the winner. The division of any prize among a group of persons 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. Shepherd’s Heart is not responsible for resolving any disputes that may arise from different individuals listed on a winning Ticket. An individual can purchase as many Tickets as he or she may wish, subject to availability.

Tickets may be purchased:

  • By the internet. Visit shepherdsheartpantry.org Follow the instructions to complete the order form and submit payment.
  • In Person at 1401 North 34th Street, Waco Texas 76710; or
  • Purchasing tickets from one of our staff or volunteers who will be selling official Raffle tickets at various community events.

 

Any defective or physically altered entry form, or entry received without proper or sufficient payment, will be immediately disqualified by SH. Prior to the drawing, CH may make a reasonable effort to notify the individual of a rejected or disqualified entry by attempting to make contact through the information provided at the time of the Ticket purchase request. Neither CH nor its directors, officers, employees, agents or other representatives assumes any responsibility or liability for lost, late, misdirected, mutilated, incomplete, illegible or undelivered entries, or any other failure to receive entries, or any failure to deliver a receipt of purchase prior to the drawing deadlines.

 

Drawings

Drawing will be held at Bird Kultgen Ford, 1701 W Loop 340, Waco, Texas 76712 on September 20, 2019. The drawing is open to the public. Entrants need not be present to win. Winners will be selected at random.

 

Prize(s)

Subject to availability and the terms and conditions of these Official Rules, prize(s) are as follows:

A new “as is” Race Red 2019 Ford F-150 XL 101A RWD 10-Speed EcoBoost 2.7L V6 GTDi DOHC 24V Twin Turbocharged, VIN: 1FTEW1CP1KKC84703. If the winner wants to add options or upgrades to the above stated prize, that will be at the winners own expense, not SH or Bird-Kultgen Ford.

 

TERMS AND CONDITIONS: Prize is non-refundable and subject to availability.

 

If fewer than 400 Tickets are sold by the ticket sale deadline, the Raffle will be held as scheduled, except that the Prize winner will receive a pre-paid credit card equal to 50% of the total Ticket proceeds received by SH, after expenses.  For example, if 200 tickets are sold, and the total gross proceeds of tickets are $20,000, after expenses, the winner would receive a pre-paid credit card in the amount of $10,000, or 50% of Raffle proceeds (total tickets sold does not necessarily equal gross proceeds due to SH expenses).

 

The Prize winner assumes all fees, local, state and federal taxes (including, but not limited to, sales tax, income taxes based on the value of the prize, or any other taxes).

 

Any gratuities, taxes and fees are the responsibility of the winner. Winner of prize must comply with all applicable requirements and restrictions related to said prizes.

 

Transferability

A transfer of a raffle ticket constitutes a waiver of the right to claim the prize.

 

 

 

Substitutions

Under no circumstances will any Raffle Winner be allowed to request substitution, alteration, or exchange of any prize offered by SH. The Prizes, as described above, will not be substituted, exchanged or altered in any fashion.

 

Notification of Winners

 

Winners will be notified according to the contact information provided to SH at the time of Ticket purchase. If the Prize winner cannot be located after reasonable attempts to make contact through the information provided at the time of purchasing the Ticket, such winner will forfeit said prize and a new winner will be selected.

 

Non-Deductibility of Ticket Purchase

 

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, the purchase of a Ticket does not qualify as a deductible charitable contribution.

 

Taxes

The raffle winner has potential income tax liability and all taxes are the sole responsibility of the winner. Each purchaser of Tickets is advised to consult his or her own tax advisors with respect to tax liabilities that may arise from winning a prize in this Raffle. Winners of prizes of $1,000 or more may be required to submit a W-2G, Form 5754 or similar tax form (provided by SH) for tax withholding purposes. Fair market value of the prize will be based on the vehicles retail price. Be aware that said vehicle may not be turned over to the winner till SH receives the proper amount of withholding tax from the winner, which is established by the IRS guidelines, Notice 1340.

 

Terms and Conditions

 

The Raffle is subject to these Official Rules. These Official Rules cannot be changed by any oral statement made by any employee, consultant or agent acting on behalf of SH. By entering this Raffle, entrants accept and agree: (1) to be bound by these Official Rules and the decisions of these Official Rules; and (2) that SH may use the entrant’s name, photograph, likeness, statements, biographical information, voice and city of habitation for promotional or advertising purposes in connection with the Raffle on a worldwide basis and in all forms of media, now or hereafter known, in perpetuity, without review, permission or further compensation, except where prohibited by law. Other rules and regulations may apply. Please contact SH if you have any questions. This Raffle is void where prohibited by law.

 

BY ENTERING THIS RAFFLE, EACH ENTRANT RELEASES SH, ITS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM ANY AND ALL LIABILITY FOR INJURIES, LOSSES, OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES) 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 TCH HARMLESS FROM ANY AND ALL LOSSES, DAMAGES, RIGHTS, OR AS A RESULT OF PARTICIPATING IN THE RAFFLE OR THE WINNER’S ACCEPTANCE OR USE OF ANY PRIZE.

 

A RAFFLE ENTRANT’S SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM AGAINST SH ARISING OUT OF THE SALE OF TICKETS OR THE CONDUCT OF THE RAFFLES SHALL BE LIMITED TO THE RETURN OF THE PURCHASE PRICE PAID FOR HIS OR HER TICKET(S). IN NO EVENT SHALL SH, 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 OTHWERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

Cancellation/Termination of Raffle

 

By purchasing a Ticket and choosing to participate in the Raffle, each Raffle participant acknowledges and agrees that SH has the right, in its sole discretion, to elect not to proceed with the Raffle for any reason whatsoever or for no reason, and in such event, a participant’s sole and exclusive remedy shall be to receive a refund of the full price paid by such participant for each Ticket purchased, without interest.