ST. JUDE DREAM HOME® GIVEAWAY 2019 TERMS & CONDITIONS
Thank you for supporting the Colorado Springs St. Jude Dream Home® Giveaway (the “Raffle”), conducted by Epsilon Sigma Alpha International Colorado State Council (“ESA”) benefiting St. Jude Children’s Research Hospital® (“St. Jude”). Your purchase of one or more St. Jude Dream Home Giveaway raffle ticket(s) signifies your full and unconditional agreement to the following Terms & Conditions. In the event of any dispute, a reasonable interpretation or determination by ESA regarding the application of these Terms & Conditions is final and binding in all matters related to the Raffle.
VOID WHERE PROHIBITED BY LAW AND OUTSIDE THE UNITED STATES. Subject to all applicable federal, state, and local laws, regulations, and ordinances. Tickets may sell out before the date of the raffle drawing. The chances of winning are based on the number of tickets sold. If fewer tickets are sold, the chances of winning the Grand Prize and other prizes improve.
• To be eligible to purchase a ticket, you must be at least 18 years old and a living resident of the United States. The following persons, and their employees and immediate family members, are not eligible to purchase a ticket: Officers, directors, employees of American Lebanese Syrian Associated Charities (“ALSAC”) or St. Jude ®, and National Sponsors of the St. Jude Dream Home Giveaway. Additionally, the following persons, and their employees and immediate family members, are not eligible to purchase a St. Jude Dream Home Giveaway ticket within the market where they are providing services: St. Jude Dream Home Giveaway media and prize sponsors; St. Jude Dream Home Giveaway builders and developers; volunteers and members of Epsilon Sigma Alpha; and St. Jude Dream Home Giveaway auditors and accountants.
• “Immediate family members” includes the spouse, parents, 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 St. Jude 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, except at ESA’s and ALSAC/St. Jude’s sole and absolute discretion.
• Winning a prize is contingent upon fulfilling all requirements set forth herein. ESA and ALSAC/St. Jude reserve the right to verify the eligibility of winners.
Epsilon Sigma Alpha International Colorado State Council (ESA), PO Box 7524, Colorado Springs, CO 80933
• Tickets may be reserved online at www.dreamhome.org, by calling market specific 800 number, or by mail-in entry form. You must provide all required information to be eligible to enter and win. Incomplete, illegible, corrupted, or untimely entries are void and will be disqualified.
• Tickets may be reserved for $100 each.
• Reservations made via the website and toll free number are limited to a maximum of 50 tickets per transaction.
• 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.
• ESA and ALSAC/St. Jude reserve the right to reject any ticket reservation request that is submitted with payment that does not constitute “good funds”. 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.
• The IRS has ruled that a payment for a raffle ticket is a tax-deductible charitable contribution only to the extent the amount of the payment exceeds the price of the ticket.
• All ticket purchase requests must be received and/or purchased by the indicated deadline. Any orders received after these deadlines will be ineligible. ESA and ALSAC/St. Jude assume no responsibility for lost, late, misdirected or non-delivered mail, email or fax messages, or any other failure to receive orders or deliver receipts prior to the drawing deadlines. All defective or physically altered tickets or entry forms may be disqualified.
• The winning ticket for each prize will be selected by a random drawing on the date of the raffle drawing. ESA and ALSAC/St. Jude will select the name of potential winners of the prizes from all eligible raffle tickets. All tickets have an equal chance to win. Ticket purchasers need not be present to win.
• Prizes to be awarded include: St. Jude Dream Home Giveaway house, Entertainment Package valued at $2,500, $10,000 VISA gift card, 2019 Hot Spring Limelight Flash hot tub with cover valued at $14,000 and a $10,000 shopping spree at Furniture Row®.
• Each prize will be awarded to only one (1) 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.
• ESA will notify each winner by phone followed up in writing by sending a Winner Notification Agreement (“WNA”) by certified U.S. mail, return receipt requested, to the mailing address provided by the purchaser 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 by certified U.S. mail, return receipt requested, giving an additional (30) days for the winner to claim the prize. If the prize has not been claimed within thirty (30) days of receiving notification, ESA may retain the prize and offer it at another raffle. 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. If a winner cannot be contacted by certified mail or fails to accept the prize, or (if applicable) if winner and his/her companion are unavailable to travel within any time period specified by ESA, or if a winner is disqualified for any reason, the prize is forfeited and no substitute or alternative prize will be provided.
• Acceptance of a prize constitutes permission for ESA and ALSAC/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 fundraising for another charity. 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 the winner has been verified as eligible by ESA and ALSAC/St. Jude, 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.
• In case of a winner accepting a house he/she will take ownership subject to all applicable federal, state, and local land use restrictions, and to any covenants, rules, fees, or other restrictions administered by a homeowners’ or condominium association, or other community.
• Verification of Potential Winners: ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY ESA AND ALSAC ST. JUDE, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE RAFFLE. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
• Any and all applicable federal, state, and local taxes and all fees and expenses related to acceptance and use of prize not specifically stated herein, including but not limited to, financing charges, change of air travel fees, ground transportation, automobile insurance, meals, incidentals, passenger tariffs or duties, surcharges, service charges or facility charges, personal charges at lodging, security fees and/or other expenses, are the responsibility solely of winner.
• Prize cannot be substituted, assigned, transferred, or redeemed for cash; however, ESA and ALSAC/St. Jude reserve the right to make equivalent prize substitutions at its sole discretion. ESA and ALSAC/St. Jude will not replace any lost or stolen prizes or components of a prize(s). Prize cannot be used in conjunction with any other promotion or offer. Only the number of prizes stated in these Official Rules is available to be won in the Raffle.
• 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. If the house is the prize, the winner assumes all fees, local, state and federal taxes (including but not limited to income taxes based on the value of the house), financing costs (including, but not limited to, closing costs, title insurance, and transfer tax and fees) which must be paid when the house is transferred to the winner. 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. St. Jude does not guarantee that a winner who receives a house will be able to sell it for the appraisal value or that the Internal Revenue Service will use that value in its tax calculations.
• “With respect to any prize with a value of more than $5,000, ESA is required by the Internal Revenue Service to collect federal income tax at the current established rate and state tax. The winner must pay the amount of the taxes 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 to the car dealership prior to receiving the vehicle.
• ESA and St. Jude take no responsibility for any tax liabilities. Winners should consult a tax professional.
Release and Limitation of Liability
Each winner hereby releases and holds ESA and St. Jude harmless with respect to any claim based on any such occurrence. A raffle entrant’s sole and exclusive remedy for any breach of duty or conduct related to the Raffle shall be limited to the return of the purchase price paid for his or her raffle tickets. In no event shall ESA or ALSAC/St. Jude be liable to any person for any loss or injuries to earnings, profits or goodwill, or for any incidental, special, punitive or, consequential, or other damages of any person or entity whether arising in contract, tort or otherwise, arising out of the Giveaway, use or ownership of the prizes.
If, for any reason, the Raffle is not capable of running as planned, including infection by computer virus or bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of St. Jude which corrupt or affect the operation, administration, security, fairness, integrity, or proper conduct of this Raffle, St. Jude may, in its sole discretion, void any suspect entries and (a) cancel or terminate the Raffle (or any portion thereof); (b) modify the Raffle or suspend the Raffle to address the impairment and then resume the Raffle in a manner that best conforms to the spirit of these Official Rules; and/or (c) award the prize from among the eligible, non-suspect entries received up to the time of impairment, and all eligible entries received.