Museum of Contemporary Art Santa Barbara
Car Raffle Official Rules and Regulations
Museum of Contemporary Art Santa Barbara (MCASB), a tax exempt organization under Section 501(c)(3) of the Internal Revenue Code, is conducting the Museum of Contemporary Art Santa Barbara Car Raffle (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. MCASB’s interpretation and application of these rules and regulations shall be final.
The Grand Prize Drawing for the Raffle will be held on Friday, June 7, 2019. Tickets will not be sold after May 23, 2019. Tickets may sell out before that time. An independent raffle auditor will supervise the drawing. The drawing may be open to the public, but the winner does not need to be present to win.
Only 4,000 tickets will be sold (tickets for the Grand Prize Drawing). The chances of winning are based on that number. If fewer tickets are sold, your chances of winning the Grand Prize improves. 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.
If the Grand Prize Car (Car) is chosen as the prize, the Grand Prize winner shall assume all fees, local, state and federal taxes, sales tax, cost differential between the value of the car and the cash alternate prize, financing costs which must be paid prior to the Car being transferred to the winner. Likewise, there are federal taxes and there may be state and/or local tax consequences if the winner selects the alternate cash prize. (See Prize section below.) These consequences may apply to other prizes as well. MCASB takes no responsibility for any tax liabilities or costs. Consult your tax advisor. This offer is void where prohibited by law, and all federal, state and local laws and regulations apply.
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 MCASB FOR PUBLICITY PURPOSES AND IN LISTS OF PRIZE WINNERS TO BE PUBLISHED IN AREA NEWSPAPERS AND ANNOUNCED ON THE MCASB RAFFLE WEBSITE. OTHER RULES AND REGULATIONS MAY APPLY. PLEASE CONTACT MCASB IF YOU HAVE QUESTIONS. MCASB’S INTERPRETATION AND APPLICATION OF THE RULES AND REGULATIONS SHALL BE FINAL.
BY ENTERING THIS RAFFLE, EACH PARTICIPANT RELEASES MCASB, 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 MCASB HARMLESS FROM ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS AND ACTIONS OF ANY KIND RISING IN CONNECTION WITH OR AS A RESULT OF PARTICIPATING IN THE RAFFLE OR THE WINNER’S ACCEPTANCE OR USE OF ANY PRIZE.
EACH PARTICIPANT HEREBY WAIVES THE PROVISIONS OF CALIFORNIA 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”.
Tickets are $100 each, 3-packs for $250, or 5-packs for $375. Only one method of payment, one name, and one mailing address are permitted per ticket pack. Only one eligible person may be entered in the raffle per ticket sold. If the name of more than one person is submitted with a ticket purchase, and that ticket is selected as a winning 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 ticket in common shall be to the sole responsibility of the person named as the holder of record of that ticket, should that ticket be selected as a winner.
MCASB 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 MCASB. Prior to the Grand Prize drawing, MCASB will make a reasonable effort to notify the individual and/or entity that submits such an entry form or one which has been rejected because the credit card or check did not clear and that the entry has been rejected by attempting to make contact through the information provided at the time of submitting the purchase request. All orders for tickets must be received and/or purchased by the indicated deadline. MCASB assumes no responsibility for lost, late, misdirected or non-delivered mail or
fax 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 MCASB’S BREACH SHALL BE LIMITED TO THE RETURN OF THE PURCHASE PRICE PAID FOR HIS OR HER RAFFLE TICKET(S). IN NO EVENT SHALL MCASB, 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.
How to Purchase
An individual can purchase as many Raffle tickets as he or she may wish, subject to availability.
To purchase tickets: use the order form provided and fax the order form to (805-962-1421) or you may mail it to MCASB Car Raffle, PO Box 61809, Santa Barbara, CA 93160-1809 or call 1-888-383-2129 providing your name, address, phone number along with your credit card number, credit card security code and expiration date. Tickets cannot be purchased on the raffle website or by email. Any entry form submitted by email will be rejected. All entries must include payment by check, money order or credit card.
MCASB reserves the right to reject any entry form that is submitted with payment that does not constitute “good funds”. No refunds will be made except under the following circumstances: any ticket order with payment received after 4,000 tickets have been sold or after May 23, 2019, will be returned. No other refunds are available except in the exclusive discretion of MCASB. MCASB assumes no responsibility for lost, late, misdirected or non-delivered mail or fax messages, or any other failure to receive orders or deliver receipts prior to the drawing deadlines.
Selection of Winners
The Museum of Contemporary Art Santa Barbara Car Raffle drawing will be held on June 7, 2019, from all eligible Raffle tickets. Winners need not be present to win. The Grand Prize drawing and Add-On drawing will be held under the supervision of an independent raffle auditor. The winner will be notified according to the contact information provided to MCASB at the time of ticket purchase. If the Grand Prize winner cannot be located by 5:00 p.m., June 14, 2019, after making a reasonable attempt to make contact through the information provided at the time of purchasing the Raffle ticket, such winner will be deemed to have elected the cash alternate prize and another winner will not be selected for such prize. Should the Grand Prize winner not claim their prize within 180 days of the Grand Prize drawing date, the Grand Prize will be forfeited and another winner will not be selected. In addition to the list of winners posted on the MCASB Raffle web site, a list of winners may be obtained from MCASB or by sending a self-addressed, stamped envelope to MCASB Car Raffle, 653 Paseo Nuevo, Santa Barbara, CA 93101 within one week of the drawing.
In order to collect his or her prize, a Raffle ticket winner may be required to sign and deliver to MCASB: (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 at the time he or she purchased the winning Raffle ticket; (b) such written information as is required by any applicable tax and/or real estate laws, including without limitation his or her Social Security Number; (c) proof of identity in forms satisfactory to the MCASB showing that the person claiming the prize is the same person who is named on the winning Raffle ticket; and (d) the winning Raffle ticket stub. The Grand Prize winner may be required to submit a W-2G, Form 5754 or similar tax form
(provided by MCASB) for tax withholding purposes.
25 total prizes will be awarded. Approximately 1 in 160 chances to win a prize. The odds of winning a prize will depend on the number of Raffle tickets sold. If all 4,000 Grand Prize tickets are sold, the odds of winning the Grand Prize is 1 in 4,000. If fewer Grand Prize tickets are sold, the chance of winning the Grand Prize and all secondary prizes improves.
Anyone 18 years of age or older and a U.S. resident physically residing in the United States and DC may enter. MCASB employees, members of the Board of Directors, authorized agents and employees thereof, consultants, attorneys, independent accountant firm, and their spouses and children living in the same household are excluded from participating and are not eligible to win a prize. 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 from prize winners.
Prize: Winner’s choice between a BMW 5 Series, Land Rover Range Rover Evoque, Porsche 718 Cayman or $50,000 (except as stated below). The Grand Prize Winner must make an election in writing between the cars and the cash option no later than 5:00 p.m., June 14, 2019. A minimum of 2,000 Grand Prize tickets must be sold by 5:00 p.m., May 23, 2019 for the Grand Prize Winner to have a choice between a BMW 5 Series, Land Rover Range Rover Evoque, Porsche 718 Cayman or $50,000. If fewer than 2,000 tickets are sold by 5:00 p.m., Friday, May 23, 2019, the raffle will be held as scheduled, and the Grand Prize Winner will receive a sum equal to 50% of the Net Raffle Proceeds, not to exceed $50,000. Net Raffle Proceeds will be calculated based on MCASB accounting, which shall be final and conclusive with respect to the Grand Prize Winner. For these purposes “Net Raffle Proceeds” are defined as the balance of funds left after paying all raffle expenses and all expenses for the Car. At the option of MCASB, the drawing date for the Grand Prize may take place earlier if all raffle tickets have been sold.
All vehicles come base model factory equipped and winner(s) are also solely responsible for any and all state or local license, title, registration, cost differential between the value of the car and the cash alternate prize, taxes, or fees associated with the vehicle, 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 options chosen by the winner and negotiated with the dealership. All winners of vehicles must make an election in writing between the vehicle and the alternative cash payment no later than 5:00 p.m. on the fifth business day after the drawing. All vehicles are subject to availability at the automobile dealer selected by MCASB and may be substituted with a comparable vehicle by MCASB or with the cash alternate prize.
Vacation travel prizes are as described on the raffle website. Travel is transferable. Travel must be used within one year of the MCASB purchase date. Unless otherwise noted, all gratuities, taxes, and fees are the responsibility of the winner and each vacation prize has a maximum value of no more than five thousand dollars in total. Winners of travel related prizes must comply with all applicable requirements and restrictions related to said prizes including without limitation applicable travel dates, age restrictions, liability waivers, travel documentation, and reservation and confirmation procedures. All vacations are subject to availability and may be substituted with a comparable vacation prize.
Grand Prize Drawing:
Grand Prize: Winner’s choice between a BMW 5 Series, Land Rover Range Rover Evoque, Porsche 718 Cayman or $50,000.*
2nd Prize: Vacation or $5,000 cash
3rd Prize: Vacation or $2,500 cash
4th Prize: Winner will receive “Gas for a Year” (12 $100 Gas Gift Cards) or $1,200 cash
Prizes 5 – 25
1 Movado Classic Museum Gents. Stainless Steel Case. Black dial and Strap
1 Movado Classic Museum Ladies. Stainless Steel Case. Black dial and Strap
2 “The Ultimate” ULTIMA PRO Programmable Pump Espresso Machine
2 Noise Cancelling Wireless Earbuds w/ NFC Compatibility Black
3 Modern 9.7″ LCD Wi-Fi Digital Photo Frame – Slate
4 FlexBrew Coffeemaker w/ Mickey & Minnie Mug Warmers
4 Instax Square SQ6 Camera w/ 10 Count Film White
4 AM06 10″ Air Multiplier White/Silver
* Except as stated above
Prize: Winner will be awarded half the jackpot.
Add-On Tickets are one for $10, 5-pack for $25 or 15-pack for $50.
Guidelines for purchasing Add-On tickets are as follows:
Only one method of payment and only one mailing address are permitted.
Add-On Tickets must be ordered in conjunction with your raffle ticket.
There is no limit on the number of Add-On Tickets that will be sold.
The Add-On Tickets are not primary raffle tickets.
Add-On orders will not be accepted after your original raffle ticket order date.
General Terms and Conditions
The Car, if selected, will be transferred to the Grand Prize winner “AS IS, WHERE IS, AND WITH ALL FAULTS”. MCASB DOES NOT MAKE OR PROVIDE ANY REPRESENTATION, GUARANTEE OR WARRANTY, EXPRESSED OR IMPLIED, IN CONNECTION WITH THE CAR AND ACCEPTS NO LIABILITY OR RESPONSIBILITY REGARDING THE CONSTRUCTION OR CONDITION OF THE CAR. MCASB DOES NOT WARRANT THAT THE CAR IS OF MERCANTILE QUALITY OR THAT IT CAN BE USED FOR ANY PARTICULAR PURPOSE. NO EXPRESS WARRANTIES ARE GIVEN AND NO AFFIRMATION OF MCASB BY WORDS AND/OR ACTIONS WILL CONSTITUTE A WARRANTY.
At the time of closing, all federal and state income taxes and sales tax based on the value of the car, will be due from the winner. If the winner selects the alternate award of cash instead of the car, all appropriate and required federal and state taxes will be withheld by MCASB in accordance with federal and state law and MCASB will remit the balance of the cash prize to the winner. MCASB makes no guarantee that the Internal Revenue Service (IRS) will accept that value of the car for the purpose of determining any income tax that may be due from the winner. MCASB takes no responsibility for any tax liabilities. Consult your tax advisor.
ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE CONTRACT, OR THE BREACH THEREOF, SHALL BE SETTLED BY BINDING ARBITRATION IN CALIFORNIA 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.
Registration with the State of California
By letter from the Attorney General’s office, Museum of Contemporary Art Santa Barbara has registered with the Department of Justice under Raffle Registration Number 2251. The official registration and financial information regarding Museum of Contemporary Art Santa Barbara can be obtained from the Attorney General’s website [at www.ag.ca.gov/charities]. Registration does not imply endorsement.