Southwest Florida Symphony’s 2019 Raffle – 8 Day Viking River Cruise for 2
These Official Rules (hereafter “Rules”) govern the conduct of the Southwest Florida Symphony 8 Day Viking River Cruise Raffle(hereafter “Raffle”). The Raffle is a fundraising activity in support of the Southwest Florida Symphony Orchestra and Chorus Association Inc. (hereafter “Symphony”), which is a not for profit, 501(c)(3) charitable organization at 8290 College Pkwy, Suite 103, Ft Myers, FL, 33919. The mission of the Symphony is to present outstanding music for the entertainment, enrichment and education of the broadest public possible. Proceeds from this Raffle will be used to help pay for the significant portion of annual program expenses that are not covered by ticket sales, but instead must be funded through charitable contributions and grants.
By taking any action to participate inthis Raffle, you agree to be fully and unconditionally bound by these Rules, waive any right to claim ambiguity in the Raffle or these Rules, and further agree to be bound by Symphony’s decisions and interpretation of these Rules. These rules shall not be changed by any oral statement made by any person acting on behalf of Symphony. All federal, state, and local laws, regulations, and ordinances apply and take precedence over these Rules. Symphony reserves the right to update, supplement and modify these rules and to impose additional conditions, procedures and requirements as may be necessary or appropriate to comply with applicable law in the conduct of this Raffle and the delivery of the Prize. Void where prohibited.
There is one prize in this Raffle, which is a certificate from Viking River Cruises for an 8 day cruise in 2019 for two passengers in one category E stateroom (hereafter “Prize”). The Prize has been fully funded by the generous donation of Viking River Cruises, which has provided a fair market value estimate for this Prize of $6198. The Prize does NOT include gratuities, airfare, transfers, land extensions, specialty dining, premium beverages, laundry or any other costs which are not normally included in Viking River Cruises basic cruise fare. The Prize is subject to the limitations specified by Viking River Cruises on the cruise certificate, including: valid on available 2019 embarkations only; cruise must be booked within 120 days of departure; cruise is subject to availability; cruise must be booked through a designated Viking River Cruises representative and cannot be booked though reservations department. The Prize is not transferrable, is not be redeemable for cash, and there cannot be substitution of any kind for this prize. Symphony makes no representation and has no liability regarding the quality or availability of the Prize. Symphony takes no responsibility for tax liabilities or any other cost associated with ownership or use of the Prize. The Prize winner assumes and must pay all fees, charges and costs associated with ownership of the Prize, including, but not limited to, any applicable local, state and federal taxes.
Only individuals with validly obtained entry tickets who, at the time of entry in the Raffle, are 18 years of age and older and have a valid Social Security number are eligible to participate in the Raffle. Winner must have proper photo identification, acceptable to Symphony, to claim the Prize, and will be required to sign an affidavit of eligibility.
Only one person’s name may appear on an entry ticket. If, by mistake or otherwise, more than one entrant is named on any entry ticket, Symphony may, in its sole and absolute discretion, either reject such entry ticket or deem the first named entrant on such entry ticket to be the ticket holder of record.
Symphony’s employees, and members of their households, are not eligible to enter. Symphony’s Trustees and volunteers, and members of their households, are allowed to enter and to win.
Any returned or canceled checks will automatically disqualify the ticket holder from winning the Raffle. Symphony reserves the right to disqualify any entrant for violation of these Rules, any applicable laws, or who makes any misrepresentations relative to this fundraising activity.
The suggested minimum donation is $158 per entry ticket, payable to Southwest Florida Symphony Orchestra and Chorus Association Inc. The IRS has taken the position that purchases of raffle tickets are not tax-deductible contributions. All entries and donations become the property of Symphony immediately upon receipt and will not be returned or refunded.Symphony reserves the right to limit the number of tickets distributed to each person. Raffle tickets are not assignable or transferable. A ticket holder may not assign or transfer his or her interest in any Prize won by a winning Raffle ticket.
The $158 suggested minimum donation for this Raffle may be made:
1) In person: at the Symphony office at 8290 College Pkwy, Suite 103, Ft Myers, FL, 33919 or at select Symphony concerts on or before March 2, 2019, or
2) By phone call: made no later than March 1, 2019, to the Symphony office at 239-418-0996, in which the caller speaks directly with a Symphony representative, makes the suggested minimum donation by credit card, and instructs the Symphony representative on how to complete the entry ticket to be entered on his or her behalf in the drawing (voicemails are not a valid method of entry in this Raffle) or
2) By mail: by mailing the suggested minimum donation, along with your name, street address (no P.O. Box), phone number, birth date and email address to: Southwest Florida Symphony Orchestra and Chorus Association, 8290 College Pkwy, Suite 103, Ft Myers, FL, 33919, USA. Mail requests must be received no later than February 26, 2019, and must originate in the state of Florida.
No purchase or contribution is necessary to participate in the Raffle.To enter without a donation: (1) print your name, street address (no P.O. Box), phone number, birth date and email address by hand on a 4”x6” index card along with a handwritten statement that you wish to obtain a “no donation” entry, (2) enclose the completed index card and a stamped, self-addressed envelope in a #10 (business size) envelope that is addressed by hand to Southwest Florida Symphony Orchestra and Chorus Association, Inc., 8290 College Pkwy, Suite 103, Ft Myers, FL, 33919 and mailed from within the state of Florida. Requests for no donation entry must be received via U.S. mail at the Symphony office address no later than February 26, 2019. Only one no donation entry will be accepted per name, mailing address or email address.Symphony will complete the entry ticket for a validly executed no donation request and enter it in the drawing.
Drawing, Notification of Winner, Claiming Prize
Onewinning ticket will be drawn at Barbara B Mann Performing Arts Hall, 13350 FSW Pkwy, Fort Myers, FL 33919,on March 2, 2019, during intermission of the Masterworks IV concert, at or around 8:30 p.m. The winning ticket will be chosen blindly at random, by picking it from a raffle drum or tumbler or other container after being thoroughly mixed. An entrant need not be present to win the Raffle. The person named on the chosen ticket will be the “Pending Winner”.
The Pending Winner will be notified that his or her ticket has been drawn (“Notice”). If the Pending Winner is present at the drawing, he or she will be deemed to have received actual and in person Notice on the date of the drawing. If not present at the drawing, the Pending Winner will be notified by telephone and/or email at the telephone number and/or email address shown on the Pending Winner’s ticket. If no reply to such Notice by telephone/ email is received by Symphony within 48 hours after Notice is given, Notice will also be sent by certified mail to the mailing address shown on the Pending Winner’s ticket. For all purposes of these Rules and the operation of Raffle, (i) any Notice by telephone and email shall be deemed to have been given by Symphony and received by the recipient at the time Symphony places such telephone call or sends such email, and (ii) any Notice by certified mail shall be deemed to have been given by Symphony and received by the recipient on the third (3rd) business day following the date deposited by Symphony in the U.S. mail.
The Pending Winner will have ten (10) calendar days after Notice has been given, as provided in these Rules, to provide documentation, to the satisfaction of the Symphony while acting within its sole discretion, that Pending Winner meets all of the following conditions to properly claim the Prize: (i) Pending Winner must be over 18 years of age and present an acceptable form of government-issued photo identification proving his or her identity and that he or she is the holder of record named on the winning ticket; (ii) Pending Winner must be eligible to participate in the Raffle under all Rules; (iii) Pending Winner must provide Symphony with a true and correct taxpayer identification number and must make payment of income tax, equivalent to the required tax withholding on the fair market value of the prize won, as required by the Internal Revenue Service (estimated 24% of $6198) ; and (iv) Pending Winner must sign and return to Symphony an affidavit of eligibility, agreement with these rules, and receipt for the Prize.
If Pending Winner fails to satisfy these conditions within 10 calendar days after Notice under these Rules, he or she will be deemed to have forfeited and will no longer be eligible to win or claim the Prize. In this case, an alternate winning ticket will be selected by a blind random drawing at the Symphony office at 8290 College Pkwy, Suite 103, Ft Myers, FL, 33919, and the holder of the alternate ticketwill be notified in the same manner as the original notification. If necessary, this process will be repeated with subsequent alternate winning tickets until the Prize is claimed by and delivered to a winner in accordance with these Rules.
Symphony will not award the Prize to any ticket holder (i) who was ineligible to purchase a ticket, enter the Raffle, or claim the Prize (ii) who provided false or misleading information to Symphony in connection with the purchase, acceptance, or holding of a ticket, (iii) for whom participation in this Raffle or receiving the Prize is prohibited by these Rules or applicable law, or (iv) fails to satisfy all conditions for claiming the Prize.
Disclaimer; Waiver; Release; Indemnification
Each person, by participating or attempting to participate in the Raffle (i) represents, warrants, acknowledges and agrees that he or she did not receive any representation, warranty, guarantee, or assurance, whether written or oral, express or implied, in fact or in law, relative to participating in the Raffle or winning the Prize, and (ii) forever waives, releases and discharges, and agrees to indemnify, defend, protect and hold harmless, Symphony and its trustees, officers, employees, volunteers, representatives, and any person or entity associated with the production or administration of the Raffle, from and against any and all claims, actions, losses, injuries, liabilities and obligations of any kind arising in connection with, as a result of, or otherwise relating to his or her request for a Raffle entry ticket, acquisition of a Raffle entry ticket, participation in the Raffle, failure to win or redeem the Prize, and the redemption, acceptance, possession, ownership, receipt, use or misuse of the Prize awarded in the Raffle.
Winner, by accepting the Prize, grants to Symphony full permission to use the winner’s name, city and state of residence, photograph, voice and/or other likeness, statements, biographical information, and prize information for Symphony advertising, trade and promotional purposes without further compensation and without notice, review, permission or approval, in all media and on the internet and world wide web, in perpetuity.
Taxes; Compliance with Laws
In accordance with the requirements of the Internal Revenue Service the winner must pay to the Symphony the required withholding (24% for 2019) of the fair market value of the Prize (estimated $6198)at the time the Prize is transferred to the winner. Symphony will transmit the tax funds collected from the Prize winner to the Internal Revenue Service, in accordance with Internal Revenue Service requirements. Symphony makes no guarantee that the Internal Revenue Service (IRS) or any other tax collector, will accept any estimated or stated value of the Prize for the purpose of determining any income or other tax or fee that may be due from the winner. Award of the Prize could have material adverse consequences on the Prize winner including without limitation, with respect to taxes, income, government entitlements or other benefits, or other legal, financial or other matters. Prize winner are strongly advised to seek professional legal and tax advice.
The IRS has taken the position that purchases of raffle tickets are not tax-deductible contributions.Symphony does not and will not provide any advice, counsel or guidance with respect to compliance with any and all applicable federal, state and local tax laws, rules and regulations, all of which shall be the sole responsibility of ticket holders and Prize Winner, each of whom is advised to consult his or her own tax advisor(s) with respect to any tax benefits and liabilities that may arise from participating in the Raffle, including obtaining a ticket, winning, accepting, using and otherwise disposing of the Prize.
Each ticket holder’s acquisition of a Raffle entry ticket, participation in the Raffle and, where applicable, receipt and acceptance of the Prize shall be done in full compliance with these Rules and applicable laws. The offer of Raffle entry tickets shall be void where prohibited by applicable law.
Governing Law; Jurisdiction and Venue; Mandatory Arbitration
The Raffle is subject to these Rules and applicable law, including the laws of the State of Florida. If there is a conflict between these Rules and any applicable law, the applicable law shall govern (and in case of a conflict between the laws of the State of Florida and any other applicable law, the laws of the State of Florida shall govern without giving effect to Florida’s choice of law rules). Symphony reserves the right to update, supplement and modify these Rules and to impose additional conditions, procedures and requirements as may be necessary or appropriate for the conduct of the Raffle and the delivery of the Prize in compliance with applicable law.
If there is a dispute of any kind regarding the conduct of this Raffle, each ticket holder and each person who sought or requested a ticket (i) agrees to arbitrate such dispute, with arbitration to take place in Fort Myers, Florida, and to be decided by binding arbitration in accordance with current Arbitration rules of the American Arbitration, (ii) submits himself or herself to the jurisdiction of the Circuit Court of Lee County, Florida, and waives any objection to such jurisdiction and venue, and (iii) appoints the then Clerk, or acting Clerk, of said court as his or her agent for the service of all process in connection with such proceedings. The official records of Symphony for this raffle shall be deemed correct and final. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The sole and exclusive remedy of a ticket holder or person who sought or requested a ticket shall be limited to the return of the donation paid for his or her entry ticket(s).
Symphony assumes no responsibility for lost, late, misdirected, or non-delivered mail or other failure to secure entry tickets.
REG. #CH1817 A COPY OF THE OFFICIAL REGISTRATION AND FINANCIAL INFORMATION MAY BE OBTAINED FROM THE DIVISION OF CONSUMER SERVICES BY CALLING 1-800-435-7532 TOLL FREE WITHIN THE STATE. REGISTRATION DOES NOT IMPLY ENDORSEMENT.