2023 Hoehn Motors Luxury Car Raffle Official Rules AND Regulations
Rules
Hoehn Motors Luxury Car Raffle Benefiting Ronald McDonald House Charities® of San Diego Official Rules and Regulations
I. General Information
Ronald McDonald House Charities of San Diego, Inc. (“RMHC-SD”), a tax-exempt organization under Section 501(c)(3) of the Internal Revenue Code, is conducting this raffle pursuant to California Penal Code Section 320.5, et seq., to raise funds for ongoing charitable purposes. The Rules and Regulations of the RMHC-SD raffle are set forth below. By purchasing a raffle ticket, the purchaser agrees to be bound by these rules and regulations.
All raffle tickets are included in the Grand Prize Drawing. No more than 9,500 raffle tickets will be sold. Tickets will not be sold after 11:59 p.m. Pacific Time on December 1, 2023. Tickets may sell out before that time. The Grand Prize Drawing will take place on December 12, 2023, subject to rescheduling, as more particularly described below. An independent auditor will supervise the drawing. Raffle tickets that meet certain eligibility requirements may also be awarded entry or entries into the Multi-Ticket Drawing. Winners need not be present to win a prize in any drawing.
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.
BY ENTERING THIS RAFFLE, ENTRANTS ACCEPT AND AGREE: (1) TO BE BOUND BY ALL THE RULES, LIMITATIONS AND RESTRICTIONS SET FORTH HERE; AND (2) THEIR NAMES AND/OR LIKENESSES MAY BE DISCLOSED TO AND USED BY THE NEWS MEDIA, MAY OTHERWISE BE USED BY RMHC-SD FOR PUBLICITYNEWSPAPERS ANDN LISTS OF PRIZE WINNERS TO BE PUBLISHED IN NEWSPAPERS, AND ANNOUNCED ON THE RMHC-SD RAFFLE WEBSITE. OTHER RULES AND REGULATIONS MAY APPLY. PLEASE CONTACT RMHC-SD IF YOU HAVE ANY QUESTIONS. RMHC-SD’S INTERPRETATION AND APPLICATION OF THE RULES AND REGULATIONS SHALL BE FINAL.
AS CONSIDERATION FOR THE RIGHT TO PARTICIPATE IN THE RAFFLE, EACH PARTICIPANT WAIVES, RELEASES AND FOREVER DISCHARGES RMHC-SD, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS, VOLUNTEERS, AND CONSULTANTS, FROM ANY AND ALL LIABILITY OF ANY KIND FOR RIGHTS, CLAIMS, DEMANDS, ACTIONS, INJURIES, LOSSES, COSTS, EXPENSES, INCLUDING ATTORNEYS’ FEES, OR DAMAGES OF ANY KIND, INCLUDING DAMAGES ARISING IN TORT, CONTRACT OR OTHERWISE, ARISING FROM, IN CONNECTION WITH, OR, AS A RESULT OF PARTICIPATION IN THE RAFFLE, WINNING ANY PRIZE, OR ACCEPTANCE, POSSESSION, USE OR MISUSE OF ANY PRIZE. FURTHERMORE, EACH WINNER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS RMHC-SD ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS, VOLUNTEERS AND CONSULTANTS FROM ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS, EXPENSES, INCLUDING ATTORNEYS’ FEES, AND ACTIONS OF ANY KIND ARISING FROM, IN CONNECTION WITH, OR AS A RESULT OF, PARTICIPATING IN THE RAFFLE OR WINNING, ACCEPTING, POSSESSING, USING OR MISUSING ANY PRIZE.
FURTHER, EACH PARTICIPANT HEREBY WAIVES THE PROVISIONS OF 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”.
CERTAIN PRIZE WINNERS, INCLUDING BUT NOT LIMITED TO, THE GRAND PRIZE WINNER, WILL BE REQUIRED TO SIGN A WRITTEN AGREEMENT CONFIRMING THE ABOVE-DESCRIBED RELEASE AND WAIVER AS A CONDITION TO RECEIVING SUCH PRIZE(S).
II. Raffle Tickets
Single raffle tickets are $100 each. Discounted, multi-ticket packs will be sold at the following prices: 3-packs consisting of three (3) raffle tickets are $250, 5-packs consisting of five (5) raffle tickets are $400 and 10-packs consisting of (10) tickets are $500. Only one method of payment, one name, and one mailing address are permitted per raffle ticket or raffle ticket pack (“ticket transaction”). Only one eligible person may be entered in the raffle per ticket transaction. If the name of more than one person is submitted with a ticket transaction, and the raffle ticket or a raffle ticket from the raffle ticket pack is selected as a winning raffle ticket, then the person named first will be deemed the holder of record of that ticket and declared the winner. Division of any prize by a group purchasing a raffle ticket in common shall be the sole responsibility of the person named as the holder of record of that raffle ticket, should that raffle ticket be selected as a winner.
RMHC-SD reserves the right to refuse to accept or reject any entry for any reason, including entries submitted with payments that do not constitute “good funds.”, e.g., funds fully and immediately available for withdrawal. RMHC-SD reserves the right to require an alternate payment method. Prior to the Grand Prize Drawing, RMHC-SD will make a reasonable effort to notify any individual whose entry is not accepted or is rejected. RMHC-SD will attempt to make contact from the information provided at time of attempted ticket purchase. RMHC-SD assumes no responsibility for lost, late, misdirected or non-delivered packages, faxes, text messages, or any other failure to receive orders or deliver receipts prior to the drawing deadlines. All defective or physically altered entries will be immediately disqualified by RMHC-SD.
A RAFFLE PARTICIPANT’S SOLE AND EXCLUSIVE REMEDY FOR A BREACH OR ERROR BY RMHC-SD SHALL BE LIMITED TO THE RETURN OF THE PURCHASE PRICE PAID FOR HIS OR HER RAFFLE TICKET(S). IN NO EVENT SHALL RMHC-SD, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ATTORNEYS, VOLUNTEERS, CONSULTANTS 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.
III. How to Purchase:
Any eligible individual may purchase as many tickets or ticket packs as he or she may wish, subject to availability.
Ticket(s) or ticket packs may be purchased one of five ways. (1) Call 888-824-9939 to place an order by phone and provide name, address, and phone number along with credit card number, credit card security code and expiration date. All major credit cards are accepted. Phone lines are open 24 hours. (2) Via text message to 619-867-6884, following specific instructions detailed at https:// to securely send order information; text messages that do not follow the instructed format will be rejected. Text messages sent to any other phone number will be rejected. (3) Print the order form provided at www.sdcarraffle.com and fax the order form to 619-916-3892. (4) Place an order in-person at RMHC-SD, located at 2929 Children’s Way, San Diego, CA 92123, between 10:00 a.m. - 2:00 p.m. local time. (5) Send an order form via any mail carrier with payment to Hoehn Motors Luxury Car Raffle, 2929 Children’s Way, San Diego, CA 92123.
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, cashier’s check, money order, cash, or credit card. No refunds will be made except under the following circumstances: a ticket order with payment received after 9,500 raffle tickets have been sold or a ticket order with payment is received after December 1, 2023. No other refunds are available except at the exclusive discretion of RMHC-SD. RMHC-SD assumes no responsibility for lost, late, misdirected, or non-delivered packages, faxes, text messages, or any other failure to receive orders or deliver receipts prior to the drawing deadlines.
IV. Selection of Grand Prize Drawing Winners:
The Hoehn Motors Luxury Car Raffle Grand Prize Drawing will be held on December 12, 2023 from all eligible raffle tickets. The Grand Prize Drawing will be held under the supervision of an independent auditor. Winners need not be present to win. The list of winners will be posted on www.sdcarraffle.com or may also be obtained from RMHC-SD by sending a self-addressed, stamped envelope to Hoehn Motors Luxury Car Raffle, 2929 Children’s Way, San Diego, CA 92123 within 30 days of the drawing.
Winners will be notified according to the contact information provided to RMHC-SD at the time of ticket purchase. If the grand prize winner cannot be located by 5:00 p.m. Pacific Time on December 19, 2023, after RMHC-SD has attempted to contact him or her through the information provided at the time of ticket purchase, the winner will be deemed to have selected the respective one-time cash alternate prize. Another winner will not be selected for such prize.
In order to collect his or her prize, a ticket winner from any drawing may be required to sign and deliver to RMHC-SD: (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; (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; and (c) proof of identity in forms satisfactory to RMHC-SD showing that the person claiming the prize is the same person who is named on the winning raffle ticket.
A winner of any prize valued at $600 or more may be required to submit a W-2G, Form 5754, Form W-9 or similar tax form for tax reporting and/or withholding purposes. If tax forms are required for a prize win, the completed forms must be received by RMHC-SD no later than January 12, 2024 to claim the prize, otherwise the prize will be considered forfeited. A winner of any prize of $1,500 or more may be required to remit mandatory state or federal withholding to RMHC-SD. If withholding is required, winner must remit full balance due to RMHC-SD within 10 business days of his or her prize election. If payment is not received within 10 business days, the prize will become the cash alternative and RMHC-SD will remit the balance of the cash prize to the winner.
V. Winning Odds:
50 prizes will be awarded in the Grand Prize Drawing. The odds of winning the grand prize will depend on the number of tickets sold. If all 9,500 tickets are sold, the odds of winning the grand prize for any given ticket is 1 in 9,500.
VI. Eligibility:
The raffle is open to any individual who is 18 years of age or older and in the state of California at the time of ticket purchase. RMHC-SD employees, and RMHC-SD authorized agents and vendors assisting RMHC-SD in conducting the raffle are excluded from participating and are not eligible to win a prize as are members of the Board of Trustees, their spouses, and dependent children of the same household. 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 of prize winners.
VII. Prizes:
The grand prize is winner’s choice of one of the following: (1) a 2024 Audi Q8 e-tron base model factory equipped plus $20,000 cash (value: $94,400); (2) a 2024 Porsche Macan base model factory equipped plus $20,000 cash (value: $80,900); (3) a 2024 Mercedes-Benz GLE 350 base model factory equipped plus $20,000 cash ($83,800); (4) or $80,000 cash. The grand prize is generously provided, in part, by Hoehn Motors in Carlsbad. The grand prize winner must make his or her prize selection in writing no later than 5:00 p.m. Pacific Time on December 19, 2023. If the grand prize winner does not designate his or her prize choice in writing by this time, he or she will be awarded the $80,000 cash payment.
All vehicle prizes are base model factory equipped and winners assume all fees, local, state and federal taxes (including, but not limited to, income taxes and sales taxes based on the value of the car), winners’ respective financing costs, if applicable, and license fees. Likewise, there are federal taxes and may be state and/or local tax consequences if a winner selects the alternate cash prize. RMHC-SD takes no responsibility for prize winners’ tax liabilities. Consult your tax advisor. This offer is void where prohibited by law, and all federal, state and local laws and regulations apply.
All Manufacturer Suggested Retail Prices (“MSRP”), Approximate Retail Values (“ARV”), and estimated values (“Est. Value”) listed in the prize descriptions are confirmed at the time of publication of the Raffle Rules. RMHC-SD is not responsible for any price changes to prizes and will honor the values listed in the Rules. If the value of a prize increases between the time of publication of the Rules and awarding of the prize, prize winner may be responsible for any difference in price.
Travel prizes are as described on the RMHC-SD raffle website. Travel is transferrable. Travel must be used by the specific deadline established for the respective vacation package. All taxes are the responsibility of the winner. Gratuities and fees are the responsibility of the winner unless otherwise noted. 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 winners of prizes that include vacation or travel must make a prize selection in writing no later than five business days after the drawing date. If no selection is made by the winner by that deadline, the prize will become the cash alternative.
All taxes, gratuities, shipping charges and fees are the responsibility of winners who make non-cash prize selections for all prizes in the Multi-Ticket Drawing and the Grand Prize Drawing.
At time of publishing, all prizes are either confirmed available or expected to be available at time of prize awarding. Prizes may be substituted at the discretion of RMHC-SD for a similar product of equal or greater value. Most prizes are expected to ship within six weeks of drawing date. Some prizes may take more than six weeks to ship; RMHC-SD is not responsible for any carrier or manufacturer delay.
Grand Prize Drawing:
Grand Prize: Winner’s choice of one of the following: (1) a 2024 Audi Q8 e-tron base model factory equipped plus $20,000 cash; (2) a 2024 Porsche Macan base model factory equipped plus $20,000 cash; (3) a 2024 Mercedes-Benz GLE 350 base model factory equipped plus $20,000 cash; (4) or $80,000 cash
2nd Prize: 8 Day, 7 Night Vacation to Bali (ARV: $3,984) or $3,000 cash
3rd Prize: 4 Day, 3 Night Vacation to Idaho (ARV: $3,198) or $2,000 cash
4th Prize: 4 Day, 3 Night Vacation to Mammoth (ARV: $1,621) or $1,500 cash
5th Prize: 55" Veranda Outdoor LED HDR 4K TV - Full Shade - 2160p (MSRP: $1,768.95) or $1,250 cash
· Prizes 6-10: A prize package that includes: (1) Bang & Olufsen Beoplay EQ Adaptive Noise Cancelling True Wireless Earbuds Sand, (2) Samsung The Freestyle Smart Portable Projector, and (3) Victrola Revolution GO Portable Record Player in Yellow (package value: $1,497.99); or $1,000 cash
· Prizes 11-15: A prize package that includes: (1) BioLite FirePit+, (2) Coleman 4-Person Darkroom Screen Tent, (3) Coleman OneSource Heated Sleeping Bag, and (4) Ninja Woodfire Outdoor Grill/Smoker/Air Fryer (package value: $1,009.92); or $900 cash
Prizes 16-20: A prize package that includes: (1) Coleman OneSource Heated Chair Pad, (2) JBL RALLYBAR S 21" Bluetooth Universal Outdoor Vehicle Soundbar, and (3) Presto Nomad 8qt Traveling Slow Cooker (package value: $889.93); or $800 cash
Prizes 21-25: A prize package that includes: (1) Ultimate Ceramic NS Gourmet Indoor Grill, (2) Klipsch - Rock AWR-650-SM Outdoor Speakers in Granite, and (3) Sunny Health & Fitness Walkstation Slim Flat Treadmill For Under Desk & Home (package value: $878.98); or $700 cash
Prizes 26-30: A prize package that includes: (1) Aervana Select One-Touch Electric Wine Aerator, (2) Marshall Marshall Tufton Portable Speaker - Black w/Brass, and (3) Picnic Time Boardwalk Picnic Basket for 2 Beige Canvas w/ Navy Blue Accents (package value: $689.85); or $650 cash
Prizes 31-35: A prize package that includes: (1) CamelBak M.U.L.E. 12 100oz Hydration Pack Blue/Black, (2) GoPro Go Pro HERO11 Black Action Camera, and (3) JBL Wind3 Portable Bluetooth Speaker for Cycles Red (package value: $639.94); or $625 cash
Prizes 36-40: A prize package that includes: (1) Goal Zero Boulder 100 Briefcase Solar Panel, (2) Replogle NASA Moon Globe Eco Friendly Globe, and (3) Tasco SPACESTATION 114ST (package value: $739.89); or $600 cash
Prizes 41-45: A prize package that includes: (1) Infantino Go Forward Evolved Ergonomic Carrier, (2) Maxi-Cosi Magellan LiftFit All-in-One Convertible Car Seat Topia Tan, and (3) Pet Safe Happy Ride Collapsible Pet Travel Crate (package value: $634.97); or $575 cash
Prizes 46-50: A prize package that includes: (1) JBL Flip 6 Portable Waterproof Speaker Teal, (2) Polaroid Wave Underwater Waterproof Camera; and (3) Vivitar 4K Waterproof Camcorder Black (package value: $599.93); or $550 cash
VIII. Other Drawings
The following drawings and prizes are subject to the same rules and regulations set forth above for the Grand Prize Drawing unless stated otherwise.
Multi-Ticket Drawing
The Multi-Ticket Drawing is a bonus drawing for eligible entrants who purchase two or more raffle tickets in the same ticket transaction. Multi-Ticket Drawing entry tickets are not sold separately, and only offered as an added benefit to qualifying raffle ticket purchases. The odds of winning depend on the total number of eligible entries, not to exceed 9,500 entries. The Multi-Ticket Drawing will be held on December 12, 2023 from all eligible entries. Winner need not be present to win.
Multi-Ticket Prize: Winner’s choice between: (1) a 2023 Honda Accord base model factory equipped (MSRP: $27,295) plus $5,000 cash, (2) 2024 Super Bowl Package for two (ARV: $28,140), (3) 8 Day, 7 Night Vacation to Norway (ARV: $25,206), or (4) $25,000 cash
Any individual who buys three or more raffle tickets will be entered into the Multi-Ticket Drawing, subject to the following: (1) entrants must purchase two or more raffle tickets during the same purchase, (2) use one method of payment, (3) use the same name on each raffle ticket, and (4) list the same mailing address on each eligible raffle ticket. The Multi-Ticket Drawing consists of a drawing bin and corresponding tickets separate from the main Grand Prize Drawing bin and tickets. For each eligible raffle ticket purchased, one raffle ticket will be added to the Grand Prize Drawing bin and a corresponding entry ticket will be added to the dedicated Multi-Ticket Drawing bin. For example, if three raffle tickets are purchased, three tickets will be entered into the Multi-Ticket Drawing and three tickets will be entered into the Grand Prize Drawing. If four raffle tickets are purchased, four tickets will be entered into the Multi-Ticket Drawing and four tickets will be entered into the Grand Prize Drawing and so forth.
The winner of the Multi-Ticket Prize must make a prize selection in writing no later than five business days after the drawing date. If no selection is made by the winner by that deadline, the prize will become the cash alternative.
IX. Other Terms and Conditions:
Any prize vehicle, if selected, will be transferred to the winner “AS IS, WHERE IS, AND WITH ALL FAULTS”. RMHC-SD DOES NOT PROVIDE ANY GUARANTEE OR WARRANTY, EXPRESSED OR IMPLIED, IN CONNECTION WITH THE MANUFACTURER AND ACCEPTS NO LIABILITY OR RESPONSIBILITY REGARDING THE CONSTRUCTION OR CONDITION OF THE VEHICLE. NO EXPRESS WARRANTIES ARE GIVEN AND NO AFFIRMATION OF RMHC-SD BY WORDS AND/OR ACTIONS WILL CONSTITUTE A WARRANTY.
Cash prizes valued at more than $1,500 are subject to all tax withholdings as required by federal and state law, and RMHC-SD will remit the balance of the cash prize to the winner. RMHC-SD makes no guarantee that the Internal Revenue Service (IRS) will accept that value of vehicles, vacations, or other prizes for the purpose of determining any income tax that may be due from winners. RMHC-SD takes no responsibility for prize winners’ tax liabilities. Consult your tax advisor.
ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE RAFFLE, SHALL BE SETTLED BY BINDING ARBITRATION 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.
THE ARBITRATION SHALL TAKE PLACE IN SAN DIEGO, CALIFORNIA. THE RAFFLE AND THESE OFFICIAL RULES SHALL BE SUBJECT TO AND GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA.
By purchasing a raffle ticket and choosing to participate in the raffle, each raffle participant acknowledges and agrees that RMHC-SD has the right, in its sole discretion, to elect not to proceed with the raffle for any reason whatsoever or for no reason, and in such event, a participant’s sole and exclusive remedy shall be to receive a refund of the full price paid by such participant for each raffle ticket purchased, without interest.
X. Registration with the State of California:
By letter from the Attorney General’s office, Ronald McDonald House Charities® of San Diego, Inc. has registered with the Department of Justice under Raffle Registration Number R-4009 and is authorized to conduct raffles in California pursuant to the provisions of Penal Code section 320.5 for the raffle period which begins September 1, 2022 and ends December 31, 2023. Registration does not imply endorsement.