Northbay BMX will conduct the raffle in accordance with these Official Rules_updated 7_13_2017. Participation in the raffle constitutes entrant's full and unconditional agreement to, and acceptance of, these Official Rules. The raffle is void where prohibited and restricted.
- Eligibility: Entrants must be legal United States' residents, at least eighteen (18) years of age, with a valid driver's license. Winning the prize is contingent upon fulfilling all requirements set forth herein.
- Entry period: The Raffle entry period beings May 27,2016 and continues until September 9, 2017 Northbay BMX reserves the right to postpone or cancel this raffle contest at any time. If the raffle is cancelled each purchaser will receive a full refund of the amount paid to BMX Club for their purchase of raffle tickets.
- Raffle Entry: Raffle tickets cost $25.00 per ticket. There is no limit to the number of tickets an entrant may purchase. Tickets may be purchased from any person designated by Northbay BMX . No photocopied or mechanically or electronically reproduced entries will be accepted. North Bay BMX is not responsible for lost tickets. Entries received that are mutilated, tampered with, illegible, from ineligible entrants, or incomplete will be void. All received entries become the property of the BMX Club and will not be returned. All entries subject o verification by Northbay BMX whose decisions on all matters related to this raffle are final and binding.
- Raffle Drawing & Notification: Date of drawing to be determined. Odds of winning depend on the number of eligible entries. North bay BMX will attempt notify winner by pone, in person, or email. Winner must have valid contact information where they can be notified. Winner agrees to have his or her likeness displayed in all forms of media through the universe and in perpetuity without further compensation, credit or right of review or approval, except where prohibited by law. If the winner: (a) cannot be positively contacted by phone or email within two days of the drawing; (b) is not in compliance with the Official Rules; (c) does not sign and return required documents by deadline set by North bay BMX; (d) does not meet the eligibility requirements; or (e) does not provide proof of a valid drivers license and automobile insurance, then that winner will be disqualified and another drawing will take place. BMX reserves the right to change any raffle rules at any time.
- Prize: The winner will receive a 2017 Toyota Tundra Crew Max 4x4 with an MSRP of $40,518. No exchanges or substitutions may be made by winner and all features will be in the sole discretion of North bay BMX. The winner shall be required to personally retrieve the vehicle and present proof of a valid driver's license and automobile insurance. The actual vehicle may have acquired a limited number of miles due to transportation of the vehicle and promotion of this raffle.
- Prize Acceptance/Restrictions: Winner is subject to verification by North bay BMX of the winner or winner's name, age, address, phone number, and Social Security number. If a winner is disqualified, North bay BMX reserves the right to determine an alternative winner. North bay BMX reserves the right to substitute a comparable prize of like value. Costs of transportation, accommodations, insurance, license, fees (including registration), taxes, and any other expenses, except as set forth herein, are the sole responsibility of the winner. By accepting the prize, winner agrees to keep the advertisements on the outside of the vehicle in the same condition as they appear when the prize is accepted, for a period of one year from the date of the drawing.
- Publicity Release: By participating in the raffle, each entrant acknowledges that his/her entry in the raffle constitutes that entrant's consent to use, publish, reproduce and for all purposes, including publicity, promotion and advertising, in any media, each winner's name, voice, likeness, and any portion thereof, each extending throughout the universe and in perpetuity without further compensation, credit or right of review or approval, except where prohibited by law.
- Taxes: Any valuation of the prize stated above is based on available information provided to North bay BMX, and the value of any prize awarded to a winner may be reported for tax purposes as required by law. All taxes, including federal, state, and local taxes, are the sole responsibility of the winner. The winner will receive a 1099 from North bay BMX at the end of the calendar year and a copy of such form should be filed with the IRS. Each winner must provide North bay BMX with valid identification, and a valid tax payer identification number or Social Security number, before any prize will be awarded.
- Indemnification/Hold Harmless: By participating, entrants agree: (a) to release, discharge, and hold harmless, North bay BMX , VS Automotive Inc., (dba Jimmy Vasser Chevrolet), VTOY Napa, Inc. (dba Jimmy Vasser Toyota) Chevrolet, and their respective affiliates, parents, subsidiaries, advertising and promotion agencies, officers, directors, employees, representatives, and agents of the foregoing (the "Released Parties") from all liability, injuries, losses or damages of any kind to persons, including but not limited to death or property damage resulting in whole or in part, directly or indirectly, from the acceptance, possession, use, misuse, or use of a prize, or from participation in and/or entry into the raffle or any raffle-related activity and for acceptance, deliver, or use of any prize; and (b) that the foregoing parties have neither made nor are in any manner responsible or liable for any warranty, representation or guaranty, expressed or implied, in fact or in law, relating to any prize. In consideration for his or her participation in the raffle, each entrant agrees to hold harmless and indemnify the Released Parties from any and ally claims, demands, and/or causes of action of any nature or kind whatsoever whether presently known or unknown, foreseen or unforeseen, that arise out of the entrant's participation in the raffle, including attorney's fees.
Entrants and winner expressly waive all rights under California Civil Code section 1542 which states:
"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 Releases, which if known by him or her must have materially affected his or her settlement with the debtor."
- Limitation of Liability: The Released Parties are not responsible or liable for any incorrect or inaccurate entry information or other errors in the printing, offering or administration of the Raffle or in the announcement of the prize(s) and assume no responsibility for (a) failure of any entry to be received by Sponsors due to technical problems or human error (b) theft or destruction of, tampering with, unauthorized access to, or alteration of entries and/or entry information, (c) entries which are late, lost, stolen, damaged, illegible, and/or unintelligible (or any combination thereof), or (d) any change of email address, mailing address, telephone number and/or any other contact information provided by entrant. Any expenses incurred by the entrant during the application process, including but not limited to, postage are the sole responsibility of each entrant and the Sponsors will not issue reimbursement for any expenses. UNDER NO CIRCUMSTANCES WILL THE RELEASED PARTIES BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, ATTORNEYS' FEES, OR ANY OTHER DAMAGES.
- Choice of Law/Forum: All entrants agree, by participation in the Raffle, to submit to the personal jurisdiction of the courts of California, specifically Napa County Superior Court. California law shall govern this Raffle, without regard to California's choice of law rules. The courts of California shall be the exclusive forum for any dispute regarding any Rule or activity associated with the Raffle.
- North bay BMX reserves the right to postpone or cancel this raffle contest at any time. If the raffle is cancelled each purchaser will receive a full refund of the amount paid to North bay BMX for their purchase of raffle tickets.
- Official Rules: Complete raffle rules are available Monday through Friday during normal business hours at Jimmy Vasser Chevrolet at 583 Soscol Ave, Napa, CA 94559.