ST. JUDE DREAM HOME® GIVEAWAY 2018 TERMS & CONDITIONS
Thank you for supporting the Colorado Springs St. Jude Dream Home® Giveaway, conducted by ESA International Colorado State Council. Your purchase of one or more St. Jude Dream Home Giveaway raffle ticket(s) signifies your agreement to the following Terms & Conditions. In the event of any dispute, a reasonable interpretation or determination by Epsilon Sigma Alpha (ESA) regarding the application of these Terms & Conditions is final and binding. The St. Jude Dream Home Giveaway is void where prohibited by law.
• 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, and employees of ALSAC or St. Jude Children’s Research Hospital®, and National Sponsors of the St. Jude Dream Home Giveaway.
• 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 in which 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.
• 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.
• 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, except in the event of cancellation of the raffle. Tickets, prizes, receipts, and any winner’s rights are not transferable. Purchases made via the website and toll free number are limited to a maximum of 50 tickets per transaction.
• 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.
• The winning ticket for each prize will be selected by a random drawing. Each ticket holder has an equal chance to win based on available prizes according to date of purchase. Ticket purchasers need not be present to win.
• Prizes to be awarded include: St. Jude Dream Home Giveaway house, $10,000 shopping spree at Furniture Row, Hot Spring Limelight Flash hot tub with cover, $1,000 VISA gift card, Artesso® SmartTouch® Technology Kitchen Faucet in Stainless with soap dispenser, $1,000 gift certificate for custom art framing, 65 inch curved Sony TV, Napoleon LEX 730 propane grill, Von Miller autographed football, a pair (2) tickets to a 2018 Broncos game and a tour of the stadium, and a five night trip for two to Riu Palace Riviera Maya in Riviera Maya, Mexico.
• The odds of winning a prize depends on the number of valid raffle tickets sold.
• Each prize will be awarded to a 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, with no substitution or alternative prize available to the original winner.
• Acceptance of a prize constitutes permission for ESA and 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 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.
• The winner accepting the house will take ownership subject to all applicable federal, state, and local land use restrictions, and to any covenants, rules, or other restrictions administered by a homeowners’ or condominium association, or other community.
• 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. 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.
• With respect to any prize whose value is over $5,000, the Internal Revenue Service requires ESA to withhold federal income tax at the rate of 24%, or current rate as established by the IRS, and the winner must pay the amount of tax to be withheld 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 prior to receiving the vehicle.
• Winners should consult a tax professional.
• Each winner accepts the prize “as is,” and without recourse to ESA and St. Jude with respect to any defect, injury, damage, or other problem that may arise or become apparent with respect to the prize. ESA and St. Jude disclaim any and all warranties with respect to each prize, including but not limited to any warranty of fitness for a particular purpose.
Limitation of liability
• Because ESA and St. Jude have no right to control, nor exercise any control, over the personnel, equipment, or operations of any builder, seller, or manufacturer of any prize, or any part of any prize, ESA and St. Jude assume no responsibility for any financial loss, personal injury, property damage, or other loss, accident, delay, inconvenience, or irregularity that a winner may experience by reason of (1) performance or nonperformance by any supplier; (2) wrongful, careless, negligent, or unauthorized acts or omissions by any supplier or its employees, or by any other party not under the control of ESA or St. Jude; (3) any defect, breakdown, or other failure of any aircraft, train, automobile, ship, accommodation, or other equipment or instrumentality owned, operated, or otherwise used by a supplier; (4) acts of God and acts or omissions of third parties; (5) mechanical or construction failures; or any other event or condition beyond ESA or St. Jude’s control. 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 Giveaway 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 damages of any person or entity whether arising in contract, tort or otherwise, arising out of the Giveaway, use or ownership of the prizes.