NE Environment is Raffling off a
Hybrid Car to support the foundation
Official Rules and Regulations
1. The New Earth
Foundation, a tax exempt organization under Section 501(c) 3 of the
Internal Revenue Code is conducting a Car Raffle to raise
funds for The
New Earth Foundation Inc. The rules and regulations of the drawing are
set forth below. By purchasing a ticket, the purchaser agrees
to be
bound by all of the rules and regulations as provided herein.
The
interpretation and application of the rules and regulations shall be at
the sole and absolute discretion of NE and shall be binding upon all
drawing participants. The drawing will be held on Saturday,
December 1, 2018, 7:00 pm. Drawing tickets will not be sold after
7pm on December 1, 2018. The winner does not need to be present
to
win, and
will be notified via the contact information provided during the time
of ticket purchase. Only 7,000 tickets will be sold.
The chances of
winning are based on the total number of tickets sold. The
IRS has
taken the position that the amounts paid for chances in drawings,
lotteries, or similar drawings for valuable prizes are not gifts, and
consequently do not qualify as deductible charitable
contributions.
The person with the winning ticket assumes all fees, local, state, and
federal taxes (including but not limited to income taxes based on the
value of the automobile), financing costs (including but not limited to
registration costs, title, insurance, taxes and fees), and any
upgrades, additions, or features beyond or different from the
automobile model specifications in the drawing disclosures which must
be paid when the automobile is transferred to the winner. If
the
amount of money collected does not cover the cost of the automobile and
the minimum proceeds of $10,000 required by NE, the raffle then
becomes a 50/50 drawing with the winner receiving half of the monies
collected and NE receiving half of the monies collected.
Likewise,
there are federal taxes and there may be state and/or local tax
consequences should the winner receive the 50/50 cash prize.
NE takes
no responsibility for any tax liabilities. Consult you tax
advisor.
Accordingly, if any applicable law (e.g., state or local law) prohibits
you from purchasing a drawing ticket or from receiving and drawing
prize, you agree to forfeit the drawing prize and waive the rights
whatsoever to the drawing prize. Entrant assumes full responsibility
for compliance with all laws. If NE is aware or made aware of
any such
prohibition, NE. will be under no obligation to furnish the drawing
prize.
BY ENTERING THIS DRAWING ,ENTRANTS ACCEPT AND
AGREE(1) TO BE BOUND BY ALL RULES, LIMITATIONS, AND RESTRICTIONS SET
FORTH HEREINAND (2) THAT THEIR NAMES AND/OR LIKENESSES MAY BE DISCLOSED
TO AND USED BY THE NEWS MEDIA AND MAY BE USED BY NE. FOR PUBLICITY AND
WILL BE PUBLISHED IN AREA NEWSPAPERS AND ANNOUNCES ON THE NE
WEBSITE.
OTHER RULES AND REGULATIONS MAY APPLY. PLEASE CONTACT NE IF
YOU HAVE
ANY QUESTIONS. NE INTERPRETATION AND APPLICATION OF THE RULES
AND
REGUALTIONS SHALL BE FINAL. BY ENTERING THIS DRAWING, EAHC
PARTICIPANT
RELEASES NE. ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY
AND ALL LIABILITY FOR INJURIES, LOSSES OR DAMAGES OF ANY KIND CAUSED BY
PARTICIPATING IN THE DRAWING OR WINNING THE AUTOMOBILE OR RESLUTING
FORM ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE, THE WINNER
AGREES TO INDEMENIFY AND HOLD NE. HARMLESS FROM ANY AND ALL LOSSES,
DAMAGES, RIGHTS, CLAIMS AND ACTIONS OF ANY KIND ARISING IN CONNECTION
WITH OR AS A RESULT OF PARTICIPATING IN THE DRAWING OR THE
WINNER’S
ACCEPTANCE OR USE OF THE PRIZE.
2. Tickets: Tickets are $20.00 each to a single purchaser. Only
one eligible person may be entered in the drawing per ticket
sold. If
the name of more than one person is submitted with a ticket purchase
and that ticket selected as a winning ticket, then the person named
first will be deemed the holder of record of that ticket and declared
the winner. Should the prize become a cash prize (50/50
raffle)
division of the prize by a group purchasing a ticket in common shall be
the sole responsibility of the person named as the holder of that
ticket, should that ticket be selected as a winner. NE reserves the
right to reject any entry form that does not constitute “good
funds” or
is in the form of cash. All defective or physically altered
forms will
be immediately disqualified by NE. Prior to the drawing, NE will make a
reasonable effort to notify the individual and/ or entity that submits
any rejected or disqualified entry form that entry has been rejected or
disqualified by attempting to contact the submitter using the
submitter’s provided information that was supplied at the
time of
submitting the purchase request All orders for tickets for
the drawing
must be received and/or purchased by December 1, 2018 on or before
7:00 pm. Ticket orders received more than five days after
publication
that tickets are sold out will be considered donations and a tax
receipt will be sent.
3. How to Purchase Tickets:
An
individual can purchase as many tickets as they wish subject to
availability. To purchase tickets OFFLINE, contact The New
Earth
Foundation, Inc 1-813-802-2637. At the sole discretion
of NE,
tickets purchased from a designated NE authorized representative may be
paid for in U.S. cash or check. Except as noted all Offline
entries
must include payment by check or money order. NE reserves the
right to
reject any entry that is submitted with payment that does not
constitute “good funds”. No refunds will
be made except under the
following circumstances: any ticket monies received after 7,000 tickets
have been sold or after 7pm on December 1, 2018 will be returned, if
possible. No other refunds are available except in the
exclusive
discretion of NE. NE assumes no responsibility for lost, late,
misdirected or non-delivered mail, or any other failure to receive
payments or orders or deliver receipts prior to the drawing deadline.
4. Selection
of Winner:
The
drawing will be held on December 1, 2018. Winner of the prize will be
drawn from all eligible drawing tickets. Winners need not be
present
to win. A subsequent drawing will be held to select the
substitute or
back-up-winner in the event that the first place winner
(“initial
winner”) is unable to accept the prize due to any applicable
law (e.g.,
state or local). If the prize winner cannot be located by
5:00 pm on
January 17, 2019, after attempting to make contact through the
information provided at the time of purchasing the ticket, such winner
will not be selected in which case the alternate or substitute winner
shall be contacted by authorized NE representative. In order to collect
the prize, a ticket winner must sign and deliver to NE.
a.
A sworn affidavit of eligibility in accordance with the rules and
regulations 5 and applicable law, including without limitation that he
or she is a legal resident of a country that does not prohibit the
activities described herein, at least 18 years old and that the
winner’s receipt of the prize, to the best of his or her
knowledge is
not prohibited by any applicable law (e.g. state or local); such
written information as is required by any applicable taxing authorities
or under any other related statutory provisions, including without
limitation his or her Social Security Number; proof of identity in
forms of satisfactory to NE showing that the person claiming the prize
is the same person who is named on the winning drawing ticket; and the
winning ticket stub. The winner will be required to submit a W-2G, Form
5754 or similar tax form for tax withholding purposes.
5. Odds of Winning: The odds of winning a prize will
depend on the number of tickets sold. If all 7,000 tickets are sold the
odds of winning the Grand Prize is 1 in 7,000. If
fewer tickets are sold, the chance of winning the grand prize
improves.
6. Eligibility:
Any resident of the required legal age of any country that does not
prohibit participation in raffles or drawing as described herein.
NE
officers and members of its board of directors, their spouses
and
children, are allowed to participate and are eligible to win.
All
federal state and local laws and regulations apply.
7. Grand Prize:
Grand prize is a choice of a current model Toyota Prius Prime Plus (value:
$33,100) or a current model BMW i3 94 Ah w/Range Extended
(value: $48,300) or the lesser of 50% of the net drawing proceeds, as described below. All taxes,
fees, and
transportation costs are the responsibility of the winner. NE
reserves the right to substitute a prize of similar value in the event
of the unavailability of a prize.
8. General Terms and Conditions:
Upon
selection of car by the winner, winner can choose an authorized dealer
that is closest to their geographic location. The dealer must be
authorized by either Toyota Motor Company or BMW as an
active franchise. The dealer must already have the car in
inventory,
and must have a means for NE to transfer the prize funds towards the
purchase of the vehicle. NE cannot guarantee immediate
delivery of the
vehicle. NE does not provide or warranty, expressed or
implied, in
connection with the selected automobile and accepts no
liability or
responsibility regarding the construction or condition of the
automobile. NE does not warrant that the automobile is of
mercantile
quality or that it can be used for any particular purpose. No express
warranties are given and no affirmation of NE 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 automobile will be due
from the winner. If the drawing becomes a 50/50 (due to lack
of ticket
sales), all appropriate and required federal and state taxes will be
withheld by NE in accordance with federal and state law and NE. will
remit the balance of the cash prize to the winner. NE makes
no
guarantee that the Internal Revenue Service (IRS) will accept any
stated value of any automobile for the purpose of determining any
income tax that may be due from the winner. NE takes no
responsibility
for any tax liabilities. Consult your tax advisor. Any
controversy or
claim arising out of or relating to the contract, or breach thereof,
shall be settled by binding arbitration administered by the American
Arbitration Association under its commercial arbitration rules, and
judgment on the award rendered by the arbitrator may be entered in any
court having jurisdiction thereof.
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*Prices
in U.S. Dollars **All proceeds go to NE Foundation,
Inc.
