2015 CharityMobi Raffle Rules
RAFFLE TICKET PURCHASE AGREEMENT
This Raffle Ticket Purchase Agreement and OFFICIAL RULES (this "Agreement") is effective on the date Ticket Purchaser touches the I AGREE BUTTON at the end of this Agreement as required for processing ticket purchase, and is made between CharityMobi, Inc., a Georgia non-profit corporation, whose address is 1675 Chevron Way, STE 1, Sandy Springs, Georgia 30350 ("CharityMobi"), and a Raffle Ticket Purchaser (hereinafter referred to as ("TICKET PURCHASER"), in confirmation that the TICKET PURCHASER is making a raffle ticket purchase to enter the Raffle; including agreeing to the terms of the Official Rules as published in this Raffle Ticket Agreement to enter the CharityMobi Mercedes Raffle. Purchase of Raffle Ticket is not tax deductible.
The 2015 Official CharityMobi Raffle Drawing shall be held either promptly when all 4500 Ticket Purchase Stubs are in the Drawing barrel or on December 20, 2015 at 12 noon, whichever is sooner. Proceeds after payment of the raffle expenses, including required deposits into escrow accounts for the purchase of all Grand Prize Awards; will be used for CharityMobi – U.S. Disaster Relief; and more specifically for the organization's charitable U.S. Disaster Relief Programs for special needs children. All raffle ticket sales are final. No refunds will be available.
In consideration of the TICKET PURCHASER's payment transaction and the issuance of an Official Numbered Raffle Ticket, Raffle Ticket purchaser agrees to abide by the following Official Rules and each party agrees as follows:
THE MAXIMUM VALUE OF THE GRAND PRIZE IS $133,625.
There is One (1) Grand Prize Winner and Two Cash Awards equal to $133,625.
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- CharityMobi will award one check for $106,900, a CASH AWARD to Winner; or Winner may direct CharityMobi to issue the check for the $106,900 to Authorized Mercedes Dealer as shall be selected by the Official Winner.
CharityMobi will award one check for $26,575, a CASH AWARD to Winner to apply as partial federal withholding.
1. The Winners 1ST Cash Award will be in the form of a check to Winner for $106,900., based on the published MSRP for the 2015 Mercedes-Benz SL-Class Auto. Winner may take cash in the amount of $106,900 less the 25% withholding for Gambling Taxes. If the Award is for the purchase of a Mercedes Auto, a check shall be directly issued to the Authorized Mercedes Benz Dealer as selected by the Winner for this Award in the total amount of $106,900, where the Winner may elect to purchase any auto. This Winner's First Award is subject to a 25% withhold and payment of Federal Gambling Tax.
2. The Winner's 2nd Cash Award will be in the form of a check to Winner for $26,725, less a 25% withhold which shall be applied to the Winner's partial withholding for Federal Gambling Taxes. CharityMobi estimates that the Federal Gambling tax for the Winner will be $26,725 based on a 25% federal withholding rate on winnings of $106,900, covering the MSRP value of the 2015 Mercedes-Benz SL-Class Auto as a Grand Prize or cash Grand Prize of $106,900. See Sections 19 and 20 for additional details and responsibilities for withholding, payments of Federal Gambling Tax, payment rules and forms.
3. ELIGIBILITY. Each purchaser of a raffle ticket must be at least 21 years old or older, and only one individual's name may be associated with each ticket The Raffle is open to eligible Raffle Ticket Purchasers who submit a valid Ticket Purchase Entry as described below. United States residents holding a valid Social Security Number or person holding a USA Registered Green Card and a valid tax EIN may purchase tickets. Void to residents outside of the United States and US Territories, and void in any state or county where prohibited by law. Employees of CharityMobi, related entities, distributors, parents, affiliates, subsidiaries, advertising and promotion fulfillment agencies, retailers, and their families and immediate household members of each are not eligible. Raffle Ticket Purchaser must be physically located and reside at an eligible address, providing proof of address at the time of ticket purchase.
4. Online Entry Rules. During the Raffle Ticket Sales Period, Raffle Ticket Purchaser must (1) provide a valid-verifiable email address ("Address") and (2) provide their name and address, including City, State, Zip Code, and telephone number on the website entry application. Email addresses for Raffle Ticket Purchaser must be verifiable, legal address must be verifiable matching the Ticket Purchaser drivers license or federal tax return addresses in order for the entry to be a valid and eligible entry ("Entry"). There are no limits on the number of tickets that may be purchased. Normal Internet access and usage charges imposed by Ticket Purchaser's online service will apply. Use of any automated entry device or software is prohibited. All Entries become the property of CharityMobi and will not be acknowledged or returned. False or deceptive Entries or acts, as determined by CharityMobi in its sole discretion, will render the Ticket Purchaser ineligible. Raffle Ticket Purchaser represents and warrants that they have not purchased any kind of special device or Internet service in order to submit a Ticket Purchase Entry or participate in and/or enter the Raffle. Online Raffle Ticket Purchaser may have the option to "opt in" to receive subsequent electronic communication from CharityMobi. Opting to receive further information is not a requirement for ticket purchase nor does it increase chances of winning.
5. Raffle Sales Period/Deadlines, Official Drawing. CharityMobi, Inc. opened sales when the first ticket was sold on or about September 6th, 2013, at approximately 12:01 AM Eastern Standard Time ("EST"). Ticket sales for this extended 2015 Mercedes Raffle drawing will end on December 15, 2015 five days before the Official Extended 2015 Drawing Date on December 20, 2015, at approximately 12:00 PM EST (the "Raffle Period"), or an earlier date if all 4,500 tickets are sold. For purposes of these Official Rules ("Rules"), all times and days are ESDT or EST.
6. Place of Drawing and Drawing Procedures.
a. The drawing shall take place at the OFFICIAL OFFICE OF CHARITYMOBI, INC., located at 1675 Chevron Way STE 1, Sandy Springs, Georgia, 30350. At the raffle drawing, the winning raffle ticket stub shall be chosen by picking it from a large container containing all raffle ticket stubs.
b. The raffle stubs will be thoroughly mixed before the drawing. The winning ticket shall be drawn, then a second back-up winning ticket shall be drawn and held confidential, to be used only if 1st Winner fails to qualify.
c. All Awards will be paid for by CharityMobi, Inc. from proceeds of Raffle Ticket Sales.
7. Media Announcement of Winner, Award Dinner.
a. A public Media announcement and press release naming the date and time of the CharityMobi Award Ceremony and Award Banquet. The Winner shall be published by local news, on-line news letters, sports car magazines, and social media.
b. CharityMobi shall use its best efforts to hold the CharityMobi Award Ceremony Banquet event at Chateau' Élan, Luxury Atlanta Hotel, Winery, Golf, Spa. Premier Meeting, Event, and Conference Center Destination, located in North Atlanta, Georgia, or such other special event facility as may be required for the banquet facility arrangements when all tickets are sold.
c. CharityMobi shall provide an Official Media Press Package which will include Pictures of the Auto, the name of the Winner, the amount of the Awards and the state of the Winner. The organization will arrange for media interviews of the Winner, if so approved by Winner. CharityMobi shall publish the Winner's Interview, likeness and other information as shall be approved by Winner - on the CharityMobi Web Site, and via other media.
d. The CharityMobi Award Ceremony Banquet Location shall be publicly announced promptly upon the sale of sufficient number of tickets to award the auto, or the cash Award, or the organization will make such arrangements sooner if all 4500 tickets have been sold.
e. The winner does not need to be present at the drawing or the CharityMobi Award Ceremony Banquet to win.
8. Purchase of a Raffle Ticket is not a donation. The purchase of the Raffle Ticket is not tax deductible.
9. Ticket Purchase. TICKETS MAY BE PURCHASED BY ELECTRONIC TRANSACTION VIA THE CHARITYMOBI OFFICIAL RAFFLE TICKET PURCHASE WEB PAGE. Payments for online tickets may be made by the on-line ticket purchase application found at the charitymobi.org web site. Tickets may be purchased by response to a CharityMobi Exclusive Invitation, by filling in the ticket entry stub of each printed ticket and payment via check or credit card for such purchase. Any credit or debit card payment that is denied shall disqualify the pending purchase and any ticket issued for a denied purchase transaction will be forfeited by the purchaser. On-line ticket sales shall be made via the internet at the raffle website http://www.charitymobi.org/raffle/
10. GENERAL RULES AND REGULATIONS. By entering the Raffle and/or accepting any prize, Ticket Purchasers agree that: Ticket Purchasers have all rights, permissions and consents necessary to grant the rights to CharityMobi as expressed herein; Ticket Purchasers will abide by and be bound by the Rules, CharityMobi's decisions, and the CharityMobi's Privacy Policy (as hereinafter defined); and Ticket Purchasers will waive any rights to claim ambiguity with these Rules. All Ticket Purchasers acknowledge that if they are chosen as the winner, certain of their personally identifying information may be disclosed to third parties at least as required by law. Winner may also be required to provide a copy of his/her valid state issued driver's license, other government-issued photo identification card or passport, and a copy of the U.S. Social Security card is required. The winner's name will be kept on file for two (2) years after the end of the Raffle. Decisions made by CharityMobi in relation to this Raffle are final and binding in all matters, including, without limitation, interpretation of these Rules and the awarding of the Raffle Grand Prizes, and cannot be appealed. By entering, Ticket Purchasers agree to release the CharityMobi from any and all liability claims or actions of any kind whatsoever for injuries, death, damages or losses to persons and property which may be sustained in connection with the receipt, ownership, use or misuse of the Prize Award Vehicle, or while preparing for, participating in, utilizing and/or traveling to any Prize-related activity, including any indirect, incidental, consequential or punitive damages. CharityMobi expressly disclaims any responsibility or liability for injury, death or loss to any person or property relating to the delivery and/or subsequent use, malfunction, availability, and delay in delivery of the prize awarded. CharityMobi shall not be liable to winner or any other person for failure to supply any Prize or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond CharityMobi's sole control. CharityMobi does not make any warranty, representation or guarantee, express or implied, in fact or in law, relative to the use of any prize including, without limitation, quality, merchantability or fitness for a particular purpose. CharityMobi reserves the right, in its sole discretion, to disqualify Ticket Purchasers who attempt to tamper with this Raffle in any way. All federal, state and local laws and regulations apply. Any attempt to deliberately damage the Raffle or operation of the Raffle is unlawful and subject to legal action by CharityMobi who may seek damages to the fullest extent permitted by law. All federal, state and local rules shall apply to the raffle.
11. E-mail Address Requirement. All e-mail communications will be sent to the e-mail address provided by a purchaser as part of the purchase. Such communications shall include purchase confirmation and raffle ticket number. Purchaser is required to provide to CharityMobi Inc. ("Raffle Manager") a valid, functioning e-mail address, a valid, functioning land line or cellular telephone number, valid physical mailing address. Post Office Box addresses will not be accepted. CHARITYMOBI, Inc., its transaction processing agent and their respective directors, officers, and members assume no responsibility for incorrect, invalid, terminated or non-functioning e-mail or mailing addresses or entries that do not complete valid processing of payment.
12. Ticket Purchase Requirement: Ticket Purchaser Must Abide by Official Published Rules. By submitting the electronic raffle ticket purchase and entry, each purchaser acknowledges having read and agrees to abide by these published Official Raffle Rules in this Raffle Ticket Purchase Agreement. TICKET PURCHASE WILL NOT BE PROCESSED WITHOUT CHECKING THE "I AGREE" BOX AS REQUIRED.
13. Return Email ticket Purchase Verification and Ticket number. CHARITYMOBI SHALL PROVIDE E-MAIL TICKET PURCHASE VERIFICATION, "The OFFICIAL TICKET PURCHASE VERIFICATION". Each online purchaser will be sent "the ticket purchase verification" and receipt via e-mail that will identify the purchaser's unique raffle ticket number(s). The original printed raffle ticket will be retained by CHARITYMOBI, INC. and the stub entered into the drawing along with the stubs of all other tickets sold. U.S. Postal regulations prohibit the solicitation and sale of raffle tickets via mail. Upon the request of the ticket purchaser via email or via telephone request, CharityMobi agrees to provide a printed Raffle Ticket Claim ticket to ticket purchaser, however CharityMobi is not legally required to mail claim tickets, so long as the claim ticket is maintained by the raffle manager, and the stub for that ticket is placed into the drawing barrel. All tickets previously purchased in 2013 0r 2014 shall automatically qualify to be entered into the 2015 Mercedes Raffle. In no event shall any previous ticket holder be required to purchase a new 2015 ticket to validate the previously purchased ticket(s) which shall automatically be entered and placed into the drawing barrel for the 2015 Mercedes Raffle Drawing.
14. Non Refund and Ticket Transfer. Once a ticket has been purchased, it is non-refundable. You agree that no credit card or debit card transaction charge back shall be made for a purchase of any ticket that is purchased under these rules. In event the raffle is Officially cancelled in accordance with the raffle regulations of Fulton County Georgia, as managed by the Fulton County Sheriff and the Secretary of State of Georgia, no refund may be required so long as the organization has published within its rules that "once a ticket has been purchased, it is non-refundable" in accordance with these rules. Although a ticket may be transferred, CharityMobi, Inc. Raffle Manager shall communicate only with the ticket purchaser as shown on its records until proof of the ticket transfer is provided to the CharityMobi Raffle Manager. Any transferee of a ticket must be eligible under these Rules in order to win.
15. Odds of Winning. Odds of winning depend on the number of tickets sold. For Example: The maximum number of tickets that may be sold has been downwardly adjusted to 4,500 tickets. The odds of winning the awards would be 1:4500 if all 4,500 tickets are sold. The organization is offering a buy three tickets and get the fourth ticket free to up to 1000 Ticket purchasers. In the event that 1000 peole each hold 4 tickets of the 4000 tickets, those 1000 people will have a geater chance to win because the incresed number of tickets that they hold . The maximum number of ticket purchaser wil be 1500 Ticket purchasers, so long as 100 people puchase the ticket packages. The odds increase in a direct relationship as to the number of tickets that are sold. CharityMobi maintains the right to hold the raffle so long as a Board approved minimum of number of tickets are sold. Odds may increase if the Board shall elect to hold the drawing when less than 4500 tickets are sold.
16. Ticket Numbers, 4500 Printed tickets will be provided for sale during the 2015 Raffle, which shall include previously, sold and issued tickets. The tickets shall be sequentially numbered tickets beginning with 0001 and ending with 4500. Each individual numbered ticket stub which is sold shall be entered in the drawing, beginning with the first ticket sold through the last 4500th ticket sold.
17. Change of Deadlines, Dates and Time. Ticket purchase deadlines, drawing dates, and times, may be extended or changed at the Raffle CharityMobi's discretion, subject to a Board Resolution as unanimously agreed to by the Board of CharityMobi, Inc and the approval of the Fulton County Sheriff, the Georgia Secretary of State. Official notification of any change in a date for the Raffle shall be provided via email to all ticket holders, and also by mail. Such notification shall include a copy of the Official Board Resolution for changes so approved by the Board of Directors of CharityMobi, Inc.
18. Notification of Winner. The holder of the winning ticket shall be notified by telephone and/or e-mail and Certified U.S. Mail at the address provided by the purchaser. The winning ticket number and name of the winner and their respective cities (but not addresses) shall also be placed on the front Page of the CharityMobi, Inc, web site.
19. ELEGIBILITY TO QUALIFY AS WINNER.
a. CLAIMING PRIZES/RELEASES. Eligibility, age, email addresses and all claims made by a potential winner are subject to verification. CharityMobi is not responsible for any fraudulent communication sent to Ticket Purchasers not by ChairtyMobi. If a potential winner cannot be reached after a reasonable effort has been exerted, or if he/she is found to be ineligible, an alternate winner may be selected in CharityMobi's sole discretion. If the Prize Award notification is returned as undelivered or if the potential winner fails to respond to notification attempts within 5 days, the potential winner may be disqualified, and an Back-Up Ticket Holder be selected in CharityMobi's sole discretion. In the event the winner declines the Prize Award or winner fails to return completed releases (as described below), CharityMobi may elect, in its sole discretion, to select the Back-up Ticket Holder as winner. If a dispute arises regarding who submitted the On-line Ticket Purchase-Entry, the Ticket Purchaser will be deemed submitted by the legitimate holder of the Address as determined by CharityMobi. In the event of such disputes, potential winner may need to present a bill to confirm his/her status as the authorized account holder of the account used to purchase the winning Entry. The potential winner will be required to sign and return an affidavit of eligibility, release of liability, and publicity consent, release agreement and accompany CharityMobi to pay the taxes, all within 10 days of notification or attempted notification, except where prohibited by law. By accepting the Prize Award, winner consents to the use of winner's name, address (city, state and country only), voice, biographical and Prize information and/or statements about Raffle, photographs and likenesses, without additional compensation, for programming, advertising, trade and promotional purposes in any and all media, whether now known or hereafter devised, in perpetuity, except where prohibited by law. If a potential winner fails to comply with the Rules and/or to submit required documentation within the designated period, the Prize Award will be forfeited and the Back-Up Ticket Holder may be selected at CharityMobi's sole discretion. By accepting the Prize Award, winner further acknowledges that the CharityMobi neither made, nor is in any manner responsible or liable for, any warranty, representation or guarantee, express or implied in fact or in law, relative to Prize Awards or Prize suppliers or to any portion thereof, including by not limited to its quality, merchantability, mechanical condition, or fitness for a particular purpose. CharityMobi shall not be responsible or liable for its failure to contact potential winners due to an incorrect, out of date, invalid or undelivered email address. A potential winner, who fails to notify CharityMobi with any complaint or problem within three (3) days after attempted Prize notification, forfeits their right to do so.
b. Statement of Eligibility. The Winning ticket holder of the drawing shall be required to provide the Raffle Manager with a signed statement confirming their eligibility under these Rules and applicable law.
c. Notarized Statement for Payment of Gambling Taxes. Winner must execute an Official Notarized Statement verifying that they agree that CharityMobi shall collect funds from the Winner to make sure that the FEDERAL GAMBLING TAXES ARE PAID INCLUDING SENDING THE PAYMENT TO THE IRS ALONG WITH THE FORM W-2G. Winner shall agree THAT CHARITYMOBI SHALL ACCOMPANY WINNER when the Federal Gambling Taxes are to be paid and mailed. Both parties must maintain valid receipts for such payment to prevent the IRS from taking possession of the winner's auto for non- payment of the Gambling tax.
d. Deadline for Notarized Documents and Claim of Winnings Winner must make this claim in person and execute the Official Raffle Winnings Documents, including providing the Notarized Documents all within ten days of the receipt of the Certified Mailing Date as evidenced by the signature and date on the Certified Return Receipt Notice. All Documents must be delivered in person to the Official Legal Offices of CharityMobi, Inc at 1675 Chevron Way, STE 1, Sandy Springs, Georgia 30350, or other such designated location as selected by the CharityMobi Raffle Manager.
e. Default of Winner, Declaration of back –up Winner. In the event that the Winner has not claimed the winning ticket and executed the Official Notarized Statements and COMPLETED THE FEDERAL GAMBLING TAX PROCEDURES AS REQUIRED IN Section 20 GAMBLING TAXES, as required by 5 PM on the 10th day after receipt of such legal notice to qualify as the Winning Ticket Holder, the 2nd "back-up" winning ticket holder shall be declared Winner.
20. GAMBLING TAXES:
The following rules are provided for the requirements of filling IRS Forms 5754 and W-2G and payment of the Gambling Tax. WINNING TICKET HOLDER SHALL RECEIVE TWO AWARD CHECKS ENTITLING THE WINNER TO RECEIVE $133,625.00 of PRIZE AWARDS contingent upon payment of Federal Gambling taxes . Form W-2G for reporting Certain Gambling Winnings, and Form 5754 Statement by Person Receiving the Gambling Winnings. FEDERAL GAMBLING TAXES ARE DUE PROMPTLY UPON WINNING. THE INTERNAL REVENUE SERVICE REQUIRES CHARITYMOBI, INC TO WITHHOLD OR COLLECT THE GAMBLING TAX PAYMENT FROM THE WINNER. CharityMobi estimates the Taxpayers Gambling Tax to be $26,725 at the Federal Tax Rate of 25% on Taxpayer/Winner recepit of $106,900 for the Mercedes SL550. Winner shall receive a second Form W-2G FOR the Award of $26,725 in winnings to be paid to the IRS as the partial withholding tax payment due for the 2nd Award. Winner agrees to self pay the gambling tax due on the $26,725 Award at a tax rate of 25%. Winner must pay an out of pocket cost of $6,681.25 in Federal Withholding Taxes to qualify to receive the $26,725 Award. CharityMobi is required to collect the $ 6,681.25 and combine this payment along with the $26,725 and mail both payments to the IRS. Both payments must be combined to send a total payment of $33,406.25 to the IRS for those gambling taxes due on all winnings. A total of $33,406.25 shall be withheld from any cash proceeds provided to the Winner, and the amount of $33,406.25 shall be directly paid by Winner/Taxpayer to the IRS for satisfaction of the Gambling taxes.
a. CharityMobi requires Winner to pay all Gambling Tax promptly upon receipt of the awards, as cash Awards or check Awards.
b. Procedure for Processing Gambling Tax Payment CHARITYMOBI, INC. IS RESPONSIBLE TO COLLECT THE GAMBLING TAX PAYMENT AND MAIL THE PAYMENT WITH FORM 5754 and THE FORM W-2G DIRECTLY TO THE IRS FOR THE WINNER. WINNER AGREES TO ACCOMPANY CHARITYMOBI TO MAIL THE TAX PAYMENTS WITH FORM 5754 AND the FORM W-2Gs VIA US POST OFFICE, PROVIDING THE WINNERS CERTIFIED RETURN RECEIPT MAIL DOCUMENT. THE POSTMARK OBTAINED WHEN MAILING THIS PAYMENT MUST BE DATED BEFORE THE DISQUALIFICATION DEADLINE -, OR THE WINNER WILL BE DISQUALIFIED.
c. No Time Extension. NO TIME EXTENSION WIL BE GIVEN TO THE WINNER TO PERSONALLY PROCURE COMPLIANCE VERIFICATION AND EVIDENCE OF THE PAYMENT OF THE FEDERAL GAMBLING TAXES. CHARITYMOBI REQUIRES WINNER TO OBTAIN THE VERIFICATION DOCUMENTS FOR PAYMENT OF THE FEDERAL GAMBLING TAX TO QUALIFY TO WIN.
d. Consult Your Tax Adviser. Consult with your tax adviser regarding rules for submission of Forms 5754 and W-2G with CharityMobi's payments for the winners IRS federal Gambling taxes. The winner will be solely responsible for PROVIDING THE payment of the Federal Gambling Taxes. The Winner shall be responsible for state taxes.
e. Board Decisions Final for the Raffle. The Board of Directors and CharityMobi Raffle Manager shall be solely responsible for any and all decisions as to the final acceptance and approval of the Winner's qualifications as the Official Winner. Any delay in meeting the time deadlines for obtaining an Official Certified Postmark as verification of the Mailing Date for the Federal Gambling Tax payment with Forms 5754 and W-2G AS SPECIFIED will disqualify the winner
f. Declaration of Default. Default shall be officially declared at 5 PM on the tenth day, if the first winner has not qualified by accompanying CharityMobi to file the Gambling Tax payment for the Winner so that Winner has the proper Gambling tax receipts...
g. Responsibility for Maintenance of Records. CharityMobi, Inc shall maintain all records of the federal taxes on winnings, including Form W-2G and the proof of tax payments. CharityMobi shall maintain such records for a term as required by law, and the IRS.
21. Award Payments Limit of $106,900 for Grand Prize Check and Dealer Promotion. The 1ST Cash Award will be limited to $106,900, based on the published MSRP for the 2015 MERCEDES 550SL. The Winner may elect to take cash in the amount of $106,900 less the 25% withholding for Gambling Taxes. If the Award is applied to the purchase of a Mercedes Auto, a check shall be directly issued to the Authorized Mercedes Benz Dealer as selected by the Winner for this Award in the amount of $106,900, less gambling taxes, where the Winner may elect to purchase any auto.
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CharityMobi shall select a Participating Dealer. Dealer shall agree to financially sponsor the CharityMobi Mercedes Raffle specifically for the purpose to cover certain agreed upon raffle expenses, thereby increasing proceeds for the Disaster Releif Fund for Special Needs Children.
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The Participating Dealer shall be required to honor at least 1000 showroom incentive - Dealer "Special Price" Certificates. Up to 1000 Certificates shall be provided to Ticket Purchasers that qualify to receive the Certificates by puchaseing the Buy One Ticket Get One Free Mercedes Raffle Ticket Packages. Ticket Purchasers that purchase single Mercedes Raffle Tickets shall not be provided the Certificates.
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Ticket Purchaser retains the right to print the Certificate from the CharityMobi Web Site. A print file shall be provided where the Ticket Purchaser may, if they so desire, print the " Special Price" Certificate directly after each purchase of the Buy Three Get One Free Ticket package.
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Ticket Purchaser may immediately take the CharityMobi Dealer "Special Price Certificate" to the Participating Dealer to purchase a 2015 Mercedes SL 550.
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Dealer " Special Price" Certificate is valid so long as the Certificate is validated in person by Ticket Purchaser at the Participating Dealer Showroom. Dealer shall stamp the ticket with an ink stamp bearing the dealer's Name and Address, and furhter a salesman's signature shall be required to validate the Dealer's "Special Price" Certificate.
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The Dealer "Special Price 'Certificate may not be used if it is not officially validated as required in person by the ticket Purchaser at the Participating Dealer showroom.
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The CharityMobi Dealer "Special Price" Certificate may be used to obtain a discount and/or exclusive benefits to reduce the purchase price for any 2015 Mercedes SL 550 - any time during the Raffle Promotional Period from June 1, 2015 to December 20th, 2015.
- Ticket Purchaser maintains the right to retain the CharityMobi Participating Dealer's "Spcial Price" Certificate to use a second time in the event that the Raffle Ticket Puchaser is the Lucky Raffle Award Winner.
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Winner is responsible for all transactions regarding the details of the selection of an Authorized Mercedes Dealer, the purchase and selection of the make and model of any auto, the order and delivery of the auto, including payment of tag, title, advalorem tax and registration fees, any applicable luxury tax, and additional fees or conditions for such purchase.
22 Declaration of the back- up ticket holder as winner. In the event that the 1st Winning Ticket Holder shall default in any way to be declared the Official Winner, the second "back up" winning ticket that was drawn will be declared a Winner.
23. Requirements for the Back up Winning ticket holder to qualify.
a. Eligibility. The back up winning ticket holder must meet the eligibility rules within 12 days after Default of the first ticket holder. An Official Legal Notice shall be mailed to the Back-up Winning Ticket Holder, via Certified Mail – Return receipt... Winner shall also receive an official notice via email, telephone providing the Official Notice to the Back-up ticket holder as Winner.
b. Deadline for obtaining the Postal Receipt for Tax Payment. BACK- UP WINNING TICKET HOLDER MUST ACCOMPANY CHARITYMOBI TO THE POST OFFICE TO OBTAIN THE QUALIFYING POSTAL RECEIPT THAT WILL HAVE A MAILING POSTMARK THAT IS DATED ON OR BEFORE 10 days after the date of certified mail receipt of OFFICIAL NOTICE, or ten days after the Back-up ticket holder obtains the Award Notice package of documents, with the tax documents..
c. Postal Receipt to Qualify for All Winnings. The Back-up ticket holder must obtain the Evidence of Winner's Payment of the Federal Gambling Tax and obtain the Postal receipt for such payment to l qualify as the Winning Ticket Holder to receive all of the GRAND AWARD prizes.
d. Default of Back-Up Ticket Holder, Loss of Winnings. The Back-Up Winning Ticket Holder shall relinquish the second winning ticket and all rights thereof to CharityMobi, Inc. if the tax receipt is not provided as evidence of meeting the tax payment eligibility requirements at 5 PM on the tenth day after receiving the Official Notice by Certified Mail.
24. Action in the Default of Both Winning Ticket Holders. In the case of the default of both Winning Ticket Holders that were drawn; CharityMobi shall take possession of the second winning ticket, pay the reserve amount held for payment to the IRS for the Federal Gambling Tax.
25. Legal Notice of Modified Drawing Procedure, Rules to Re-schedule, 2015 Raffle License
a. Modified Drawing Procedure. All ticket holders will be notified in the event CharityMobi is unable to hold the drawing on the published date on the CharityMobi web site. Both parties agree that CharityMobi may solicit approval from Fulton County to extend the raffle for an approved period, to provide CharityMobi time to sell sufficient tickets to hold the raffle.
b. Rules to Reschedule the Drawing. CharityMobi shall follow all rules as required by the Fulton County Sheriff and the Secretary of State of Georgia in regard to official notification of ticket holders in the event CharityMobi needs to reschedule the drawing, needs to make any amendment to an award, or is unable to hold this raffle drawing.
c. Application for 2015 Raffle License. CharityMobi has applied for and received the Fulton County Raffle License for 2015, with permit to include previously sold Raffle Tickets Purchased in this drawing.
d. If fewer than 4,500 tickets are sold the Grand Prize will be one-half (50% of the Gross Raffle Ticket sales – less Federal withholding of 25% minus payment of raffle expenses for this raffle) where the drawing shall be approved to be held by the Board of Directors of CharityMobi.
e. REFUND. All raffle ticket sales are final. No refunds will be available.
f. Raffle Event change to induce sales of all 4500 tickets. On December 3, 2014 the Board of Directors of CharityMobi unanimously voted to change and extend the Raffle Drawing Date to December 20th, 2015, or sooner if all 4500 tickets, a reduced number of tickets are sold. Copy of the Board Resolution and notice of the date change was provided to the Fulton County Sheriff in accordance with regulatory requirements, and a new Raffle License for 2015 will be procured from the Fulton County Sheriff. Printed Raffle Notification Letters have been mailed to each Ticket purchaser. All previous tickets sold are valid raffle ticket entries. Each ticket stub entry has been placed into the drawing barrel. Each ticket purchaser has been mailed an official printed claim ticket where the numbered printed stub for each claim ticket has been placed into the drawing barrel.
Previous change in date and the winning auto: On November 20, 2013, the CharityMobi Raffle was restructured to competitively sell raffle tickets at $50 each, and to extend the date of the drawing to May 31ST, 2014. The May 31ST, 2014 drawing provided a change in the Grand Prize Auto where a Mercedes auto of lesser value, a 2014 Mercedes 550 SL with a $106,900 MSRP value replaced the previous AMG auto as the Grand Prize. These changes were approved by the Fulton County Sheriff in accordance with regulatory requirements. E-mail notices were sent to each Previous AMG Ticket purchaser.
g. Disclosure of the number of tickets provided to Pervious AMG ticket holders: CharityMobi issued one AMG raffle ticket each to three individuals that previously purchased raffle tickets at price of $995.00 per ticket for the AMG drawing. Those tickets were purchased on or before November 20th 2013. Only three tickets were sold for a chance to win $225,000 to be applied to a special order AMG Mercedes, a trip to Germany, and other awards. The Previous Ticket holders were each provided 25 tickets with a value of $50 each for the May 31st 2014 Amended Raffle Drawing. The twenty five tickets provided for each one of the previous ticket purchasers have a market value of $1,250. Full disclosure is provided herewith to all ticket holders to openly disclose that a maximum of 25 new tickets were issued to all three Previous Ticket Holders on or about December 1st, 2013. The 25 replacement Tickets as issued to each previous AMG ticket purchaser are valid for this Amended Raffle Drawing for the 2014 Mercedes 550 SL or cash to be held on December 23, 2014 or sooner if all 6500 tickets are sold.
h. The December 23 2014 Raffle Drawing was rescheduled on December 15, 2014. The number of tickets sold was insufficient to hold the drawing. The Board agreed to reduce the number of tickets to 4500. We will open ticket sales under a 2015 Fulton County License. This drawing will offer tickets at buy three get one free. Each ticket will be $50 each. Approximately 1000 people will be offered the four ticket pack resulting in 4000 tickets in the drawing barrel, thereby increasing their odds of winning. All previously purchased tickets are presently in the drawing barrel. Our Board understands that profit from this drawing will be greatly reduced; however we are committed to successfully holding the raffle drawing for our ticket purchasers.
26. Conditions Relating to Participation in the Raffle and Use of the Site. CharityMobi reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole determination, to be tampering with the ticket purchase -entry process or the operation of the Raffle, or the ticket purchase-entry website (the "Site"); to be in violation of the terms of use of the Site, to be acting in violation of the Rules; or to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Without limitation of the foregoing, any use of software or hardware, including without limitation, a program, mechanism, system, robot, "bot", macro or other artificial device, process or manipulation ("Manipulation") is strictly prohibited. CharityMobi reserves the right, in its sole discretion, to terminate any person's participation in the Raffle whom CharityMobi suspects have engaged in any Manipulation.
27. Bugs and Viruses; Irregularities; SUSPENSION. CharityMobi reserves the right, in its sole discretion, to temporarily suspend the Raffle at any time and invalidate any Raffle Ticket Entries if a computer virus, bug, malfunction, Manipulation or other technical problem, regardless of the cause, affects, compromises, or corrupts the administration, security, or proper play of the Raffle. Notice of such suspension will be posted on the CharityMobi's website. Prizes that are not obtained through authorized legitimate methods, or are the result of Manipulation, mechanical, electronic, digital or computer or other error are void.
CHARITYMOBI SHALL NOT BE OBLIGATED TO AWARD ANY PRIZE THAT RELATES TO OR ARISES OUT OF AN IRREGULAR ENTRY OR IMPROPER OR MISTAKEN PRIZE NOTIFICATION, OPERATION OR FUNCTION OF THIS RAFFLE. No more than the stated GRAND AWARD stated herein these Rules will be awarded. In addition to the foregoing, if for any reason (including, but not limited to, strikes, lock-outs, acts of God, technical difficulties, and other events not within the reasonable control of CharityMobi, e.g. force majeure) CharityMobi cannot continue the Raffle, CharityMobi may, in its sole discretion, temporarily suspend the Raffle for the duration of any force majeure event, or extend the Raffle Period.
28. Release of Liability; Limitation of Liability. By participating in the Raffle, Ticket Purchaser agrees that CharityMobi, its respective officers, directors and employees, and its agents, representatives, parent companies, affiliates, subsidiaries, advertising, promotion, and fulfillment agencies, and legal advisors are not responsible for and shall not be liable for:
a. late, lost, delayed, damaged, misdirected, incomplete, illegible, unintelligible Entries, lost, misdirected or otherwise undeliverable mail, or postage-due notices, release forms, affidavits or other correspondence;
b. potential winner's unsuccessful efforts to claim any prize;
c. any telephone, electronic, hardware or software program, network, Internet, or computer malfunctions, slow-downs, failures, or difficulties of any kind;
d. failed, incomplete, garbled, or delayed computer transmissions;
e. human error, incorrect or inaccurate transcription of Entries;
f. any condition caused by events beyond the reasonable control of the CharityMobi that may cause the Raffle to be disrupted or corrupted, however minor;
g. any injuries, losses, or damages of any kind, including without limitation, personal injury, death and property damage arising in connection with or as a result of the acceptance, possession, or use of a prize, or from participation in the Raffle;
h. any unauthorized Ticket Purchase or Manipulation by a person;
i. any printing or typographical errors in any materials associated to the Raffle, or errors attributable to a malfunctioning prize notice or pop-up window associated with Raffle;
j. invalid email addresses contained in Ticket Purchase Information;
k. any claims based on publicity rights, defamation or invasion of privacy; or
l. any damage to any Ticket Purchaser's (or any third person's) computer and/or its contents related to or resulting from any part of this Raffle.
IN NO EVENT WILL CHARITYMOBI, OR ITS PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, ITS ADVERTISING OR RAFFLE AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR (1) ACCESS TO AND USE OF, OR INABILITY TO ACCESS, THE SITE, (2) DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THIS SITE, (3) PARTICIPATION IN THE ON THE SITE, OR (4) ACCEPTANCE OF ANY PRIZE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE, INCLUDING WITHOUT LIMITATION, THE RAFFLE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
29. Limitation of Liability. Purchasers of tickets, by participating in the raffle, release CharityMobi. Inc. , its directors, officers, members and agents from any and all liability, loss or claim , including claim arising out of any raffle prize or award, expressly waive any such claim and agree that the liability, if any, of the CharityMobi'. Inc and its directors, officers, members and agents shall be limited to the raffle ticket price paid, net of electronic bank transaction fees for the purchase of the ticket.
30. General Provisions.
a. Entire Agreement; Counterparts. This Agreement between Raffle Ticket Purchaser and CharityMobi constitutes the entire agreement of whatsoever kind or nature existing between or among the Parties respecting the subject matter contained herein and no Party shall be entitled to benefits other than those specified herein
b. Dispute Resolution. The Parties hereto agree that any dispute, controversy or claim arising out of, relating to or in connection with this Agreement shall be resolved pursuant to the provisions of this paragraph. The Parties shall first try to settle such dispute or conflict amicably between themselves. In the event that the dispute or conflict is not resolved within sixty (60) days after one Party notifies the other in writing concerning a dispute or conflict, then the dispute or conflict shall be submitted by a Party to a mediator, mutually agreed to by both Parties, for nonbinding mediation and to take place in Atlanta, Georgia. The Parties shall in good faith cooperate with the mediator in an effort to resolve such dispute, which shall include the presence of representatives from both Parties (if requested by mediator). If the dispute is not resolved pursuant to the above described procedures within sixty (60) days after submission to the mediator, then each Party hereby irrevocably and unconditionally consents to exclusive venue in any state or federal court located in the City of Atlanta, Georgia, (the "Atlanta Courts") for any litigation arising out of or relating to this Agreement, and each Party hereby waives any objection to the laying of venue of any such litigation in the Atlanta Courts and agrees not to plead or claim in any Atlanta Court that such litigation brought therein has been brought in an inconvenient forum.
c. Divisions and Headings. The divisions of this Agreement into sections and subsections and the use of captions and headings in connection therewith are solely for convenience and shall have no legal effect in construing the provisions of this Agreement.
d. Gender and Number. Whenever the context of this Agreement requires, the gender of all words herein shall include the masculine, feminine and neuter, and the number of all words herein shall include the singular and plural.
e. Severability. In the event any provision of this Agreement is held to be invalid, illegal or unenforceable for any reason and in any respect, such invalidity, illegality, or unenforceability shall in no event affect, prejudice or disturb the validity of the remainder of this Agreement, which shall be and remain in full force and effect, enforceable in accordance with its terms.
f. Governing Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Georgia without regard to its principles of conflicts of laws.
g. Benefit; Assignment. This Agreement shall be binding upon and inure solely to the benefit of the Parties hereto and their respective successors and permitted assigns, except as otherwise set forth herein. This Agreement may not be assigned by either Party hereto without the prior written consent of the other Party hereto.
h. Waiver. Failure by any Party to enforce any of the provisions hereof for any length of time shall not be deemed a waiver of its rights set forth in this Agreement. Such a waiver may be made only by an instrument in writing signed by the Party sought to be charged with the waiver. No waiver of any condition or covenant of this Agreement shall be deemed to imply or constitute a further waiver of the same or any other condition or covenant, and nothing contained in this Agreement shall be construed to be a waiver on the part of the Parties of any right or remedy at law or in equity or otherwise.