Toyota Raffle Rules
I. General Information
All charities are 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 raffle are set forth below. By purchasing a raffle ticket, the purchaser agrees to be bound by these rules and regulations. Claremont Toyota interpretation and application of the rules and regulations shall be final.
The Grand Prize is winner’s choice of one of the following: 1) 2022 Toyota Prius base factory equipped valued at $26,700; 2) or 2022 Toyota Camry base model valued at $27,600 or 3) 2022 Toyota Rav4, the winner has options for upgrades at his or her expense. Cash option $10,000.
Up to a maximum of 10,000 raffle tickets will be sold. The chances of winning are based on that number of tickets sold. Odds are 1 in 10,000 or less based on tickets sold.
The Grand Prize Drawing will be conducted by Claremont Toyota on or about May 15, 2022 at 2:00pm, subject to rescheduling, as more particularly described below. Tickets will not be sold after 11:59 p.m. Pacific Time on May 15, 2022. Tickets may sell out before that time. An independent raffle auditor will supervise the drawing. Winners need not be present to win a prize in any drawing.
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.
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 CLAREMONT TOYOTA FOR PUBLICITY PURPOSES AND IN LISTS OF PRIZE WINNERS TO BE PUBLISHED IN NEWSPAPERS AND ANNOUNCED ON CLAREMONT TOYOTA’S WEBSITES. OTHER RULES AND REGULATIONS MAY APPLY. PLEASE CONTACT US IF YOU HAVE ANY QUESTIONS.
BY ENTERING THIS RAFFLE, EACH PARTICIPANT RELEASES CLAREMONT TOYOTA, 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 CLAREMONT TOYOTA HARMLESS FROM ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS AND ACTIONS OF ANY KIND ARISING FROM, IN CONNECTION WITH, OR AS A RESULT OF PARTICIPATING IN THE RAFFLE OR THE WINNER’S ACCEPTANCE OR USE OF ANY PRIZE.
FURTHER, 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”.
CERTAIN PRIZE WINNERS, INCLUDING BUT NOT LIMITED TO, THE GRAND PRIZE WINNER, WILL BE REQUIRED TO SIGN A WRITTEN AGREEMENT CONFIRMING THE ABOVE-DESCRIBED RELEASE AND WAIVER AS A CONDITION TO RECEIVING SUCH PRIZE(S).
II. Raffle Tickets
Single raffle tickets are $25 each. Discounted, multi-ticket packs will be sold at the following prices: FIVE (5) tickets for $100.00. Only one method of payment, one name, and one mailing address are permitted per raffle ticket or raffle ticket pack (“ticket transaction”). Only one eligible person may be entered in the raffle per ticket transaction. If the name of more than one person is submitted with a ticket transaction, and the raffle ticket or a raffle ticket from the raffle ticket pack is selected as a winning raffle 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 raffle ticket in common shall be the sole responsibility of the person named as the holder of record of that raffle ticket, should that raffle ticket be selected as a winner.
CLAREMONT TOYOTA 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 CLAREMONT TOYOTA . Prior to the Grand Prize Drawing, CLAREMONT TOYOTA will make a reasonable effort to notify any individual who submits a rejected entry form or one which has been rejected because the credit card or check did not clear. CLAREMONT TOYOTA will attempt to make contact through the information provided at the time of submitting the purchase request.
CLAREMONT TOYOTA assumes no responsibility for lost, late, misdirected or non-delivered packages or 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 A BREACH BY CLAREMONT TOYOTA SHALL BE LIMITED TO THE RETURN OF THE PURCHASE PRICE PAID FOR HIS OR HER RAFFLE TICKET(S). IN NO EVENT SHALL CLAREMONT TOYOTA, 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.
III. How to Purchase:
An individual can purchase as many tickets or ticket packs as he or she may wish, subject to availability.
Ticket(s) or ticket packs may be purchased in person at special event location sold by the charities, or in person at Claremont Toyota. By Phone by providing name, address and phone number along with credit card number, credit card security code and expiration date. All major credit cards are accepted. Any entry form submitted by email will be rejected. All entries must include payment by check, cashier’s check, money order, cash or credit card. No refunds will be made. No other refunds are available except at the exclusive discretion of Claremont Toyota assumes no responsibility for lost, late, misdirected or non-delivered packages or messages, or any other failure to receive orders or deliver receipts prior to the drawing deadlines.
IV. Selection of Grand Prize Winner:
The Grand Prize Winner of the 2022 Claremont Toyota Car Raffle Grand Prize Drawing will be announced on or about May 15, 2022 for all eligible raffle tickets. Due to COVID-19, physical location of draw will be announced at a later date and may be changed without notice at our discretion. Winner need not be present to win. The Grand Prize Drawing will be held at Claremont Toyota. The Prize Winner will be notified according to the contact information provided on the raffle ticket at the time of ticket purchase. If the Winner cannot be located by 5:00 p.m. Pacific Time on June 15, 2022, after all attempted to contact him or her through the information provided at the time of purchasing the ticket, he or she will be deemed to have selected the alternate cash prize.
In order to collect his or her prize, a winner may be required to sign and deliver (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 laws, including, without limitation, his or her Social Security Number; and (c) proof of identity in forms showing that the person claiming the prize is the same person who is named on the winning raffle ticket. The Winner may be required to submit a W-2G, W-9, Form 5754 or similar tax form for tax withholding purposes.
All vehicles come base model factory equipped and winners are solely responsible for any and all state or local license, title, registration, and fees, and all local, state and federal taxes (including, but not limited to, income taxes and sales taxes based on the value of the car), the winners’ respective financing costs, if applicable, 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 features chosen by a winner and negotiated with the dealership. Likewise, there are federal taxes and there may be state and/or local tax consequences if a winner selects the alternate cash prize. These consequences may apply to other prizes as well. Claremont Toyota takes no responsibility for prize winners’ tax liabilities. Consult your tax advisor. This offer is void where prohibited by law, and all federal, state and local laws and regulations apply.
V. Winning Odds:
The odds of winning the Grand Prize will depend on the number of raffle tickets sold. In the Grand Prize Drawing, if all 7,500 tickets are sold, the odds of winning the grand prize are 1 in 7,500. If fewer than 7,500 tickets are sold, odds of winning improve.
The raffle is open to any individual who is 18 years of age or older and in the state of California at the time of ticket purchase. 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 of prize winners.
VII. Terms and Conditions:
Prizes may not be exactly as shown in literature or on websites and are based on manufacturers’ availability. If unavailable, similar or like prizes may be substituted.
Any prize vehicle, if selected, will be transferred to the winner “AS IS, WHERE IS AND WITH ALL FAULTS”. CLAREMONT TOYOTA DOES NOT PROVIDE ANY GUARANTEE OR WARRANTY, EXPRESSED OR IMPLIED, IN CONNECTION WITH THE MANUFACTURER AND ACCEPTS NO LIABILITY OR RESPONSIBILITY REGARDING THE CONSTRUCTION OR CONDITION OF THE VEHICLE. NO EXPRESS WARRANTIES ARE GIVEN AND NO AFFIRMATION OF CLAREMONT TOYOTA BY WORDS AND/OR ACTIONS WILL CONSTITUTE A WARRANTY.
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.
By purchasing a raffle ticket and choosing to participate in the raffle, each raffle participant acknowledges and agrees that CLAREMONT TOYOTA 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 raffle ticket purchased, without interest.
VIII. Registration with the State of California:
By letter from the Attorney General’s office, all charities have registered with the Department of Justice a Raffle Registration and is authorized to conduct raffles in California pursuant to the provisions of Penal Code section 320.5 for the raffle period which begins December 1, 2021 and ends May 15, 2022. Registration does not imply endorsement.