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Raffle Rules and Regulations

Raffle Rules and Regulations
The Messner Foundation - Board of Directors (the “Foundation”), a Colorado nonprofit organization and tax-exempt organization under Section 501(c)(3) of the Internal Revenue Code, is conducting the 2019 Messner Foundation Raffle (the “Raffle”) to raise funds for its ongoing charitable activities and purposes. The rules (the “Rules”) of the Raffle, as set forth below, govern the Raffle, award of prizes, and participation in the Raffle.

These Rules bind every person who buys or holds a Raffle ticket (“Ticket Holder”). By purchasing or holding a ticket, each Ticket Holder agrees (1) to be bound by these Rules and (2) that the Foundation’s interpretation and application of these Rules is conclusive and final.

Tickets
Raffle tickets cost $100.00 per ticket. No more than 5,000 tickets will be sold. Pursuant to Internal Revenue Service regulations, amounts paid for chances in raffles, lotteries or similar drawings for valuable prizes are not gifts and therefore do not qualify as deductible charitable donations. This means you cannot deduct the cost of a raffle that you purchase on your taxes.

Licenses
The Raffle will be conducted using Colorado Raffle license number 2019-14351 on behalf of the Foundation.

Eligibility
To be eligible to purchase a ticket, a Ticket Holder must (1) be at least 18 years old at the time of purchase, (2) be a U.S. resident physically residing in the United States or District of Columbia, and (3) not be precluded by Applicable Law (as defined in the “Registration with the State of Colorado and Applicable Law” section of these Rules) from holding or purchasing a ticket or participating in a Raffle.

A person cannot be a Ticket Holder if such person is a person (1) with whom U.S. persons or entities are restricted from doing business under regulations of the Office of Foreign Asset Control of the Department of the Treasury (including those names on OFAC’s Specially Designated and Blocked Persons List) or under any statute or executive order or (2) who is acting, directly or indirectly, for or on behalf of any such person.

Foundation members may not purchase a ticket and are not eligible to win a prize.

The Foundation reserves the right to require reasonable evidence of the eligibility of a Ticket Holder at any time and to void any ticket sold to a person who does not meet the eligibility requirements or who is precluded by applicable law from holding a ticket or participating in a Raffle.

How to Purchase Tickets
Ticket Holders may purchase Raffle tickets online at www.messnerfoundation.org. At the time of purchase, Ticket Holders must provide their name, address, phone number, credit card number, credit card security code, expiration date, and any such other information the Foundation may require. Ticket Holders may not purchase tickets in-person or by email, mail, voicemail, or any other method not approved by the Foundation as listed above. All entries must include payment by debit or credit card.

Purchase Deadline
June 8, 2019 at 8:00 p.m. Mountain Time (Denver, CO) or upon the sale of 5,000 tickets, whichever occurs first. Ticket numbers will be assigned in the order that payment is received. All payments will be deposited upon receipt. The Foundation reserves the right to reject any entry form that it deems defective, illegible, ineligible, or submitted without good funds.

In accordance with Applicable Law, the Foundation will not mail Raffle tickets to Ticket Holders. Raffle tickets will be printed and retained by the Foundation. All tickets sold will be entered into the drawing. Raffle ticket copies will be distributed to Ticket Holders via e-mail that will identify the unique ticket number(s). To win a prize, Ticket Holders do not need (1) to possess a hard copy of a Raffle ticket, (2) a receipt, (3) to be present at the drawing. Purchase of a Raffle ticket does not grant admission or entry to the Messner Reeves 2019 Block Party at Sculpture Park.

All Raffle ticket sales are final and non-refundable. No refunds are available, except at the discretion of the Foundation. However, in the event the Raffle is cancelled, with the approval of the Colorado Secretary of State, all ticket purchases will be refunded. The Foundation assumes no responsibility for lost, late, misdirected, or any other failure to receive orders or deliver receipts prior to the drawing deadline.

Website Function
Buyer acknowledges and accepts that, although reasonable measures are implemented to provide access to the website 24/7, there is no warranty that the website will be error free and function properly at all times. The Foundation shall not be liable for errors occurring on the website, which includes the Raffle ticket payment gateway. A ticket will not be entered into the drawing without a specific order confirmation via email and/or the presentation of printable tickets via the user interface. Although security precautions meeting or exceeding industry standards are used on this website, the Foundation cannot guarantee that the website will be free of security, including, but not limited to, unauthorized interception of data or communications. Should an error occur on the website, you are encouraged to contact the Foundation at 303-623-1800 to report the error and complete the purchase of your ticket. The Foundation is not liable for any damage resulting from the use of the website, including damages caused by performance, error, interruption, defect, delay in operation, computer virus, or other server malfunction.

Privacy Statement
CATEGORIES OF INFORMATION THAT WE COLLECT

The Foundation collects nonpublic personal information related to Raffle ticket purchases.

CATEGORIES OF INFORMATION THAT WE DISCLOSE AND THE PARTIES TO WHOM WE DISCLOSE

The Foundation does not disclose any nonpublic personal information about the ticket purchaser except as required by law.

DISCLOSURE OF NONPUBLIC PERSONAL INFORMATION TO OTHER NONAFFLIATED THIRD PARTIES

The Foundation discloses nonpublic personal information to other nonaffiliated third parties only as required by law.

The Drawing
The Foundation will draw at random and determine the winning ticket under the supervision of the Foundation’s Certified Games Manager (as defined by the Colorado Secretary of State). The drawing will not be open to the public. The winner does not need to be present to win.

Prize Drawing
The Price Drawing will occur at 9:00 p.m. on June 8, 2019, during the Messner Reeves, LLP 2019 Block Party, which will be held at Sculpture Park, 1736 Spear Blvd, Denver, Colorado 80204.

At the Prize Drawing, the winning Raffle ticket will be chosen by picking it from a Raffle drum containing all tickets. All tickets in the Raffle drum will be thoroughly mixed. The Ticket Holder of the winning ticket (the “Winner”) shall be notified via e-mail and Certified U.S. Mail at the address provided by the Ticket Holder. The winning ticket number and name of the Winner shall also be place on the Foundation’s website within 48 hours after the drawing.

At the discretion of the Foundation, and subject to the approval of the Colorado Secretary of State, the Foundation may extend or modify the Purchase Deadline and Prize Drawing date, time, and location. The Foundation’s Certified Games Manager is the final authority in the event of any disputes regarding any of the drawings.

Odds of Winning
The odds of winning will depend on the number of tickets sold. The chance of winning the Grand Prize will vary based upon the number of tickets sold. If the Foundation sells all 5,000 tickets, then the odds of winning the Grand Prize are 1 in 5,000. If the Foundation sells less than 5,000 tickets, then the odds of winning the Grand Prize will increase.

Grand Prize
2019 Range Rover Velar P250 S Valued at $58,808.00. Specifications: Exterior – Fiji White paint, Black Exterior Pack – Ext Mirror Finish – Black Gloss, Family Badge – Landrover –Black, Narvik Black Front Grille Surround, Side Vents –Black, Bumper Lower Valance Narvik Black, Bumpers – Sblk/Nblk, Light Oyster Headliner, Ebony interior, Perforated Grained Leather Seats, Windsor Leather Console, Automatic Transmission, Adaptive Cruise Control with Stop & Go, Blind Spot Assist, High Speed Emergency Braking, Sirius XM Satellite Radio, & HD Radio, Meridian Sound System, Adaptive Dynamics, 21’5 Split-spoke ‘Style 5047’, Heated Steering Wheel, Heated Windscreen, Heated Washer Jets, Electronically Adjustable Steering Column, Power Plus, S Badge, Black Roof Rails, 10-Way Seats with Driver Memory, Heated/Cooled Front and Heated Rear, Electric Front Seat with Drv memory, Heated & Cooled Front Seats, Rear Seat Recline – Power, Rear Armrest with Twin Cup holders, Heated Rear Seats, Seat Cushion Power Fore/Aft, Seat Cushion Power Tilt, Seat Squab Power Recline, Front Headrest Manual Height, Car Care Pack with Interior Cleaner Wipes Microfiber Cloth Leather Care Kit and Carpet Cleaner, Basic Rear Seat Convenience Pack with 2 Click and Go Base Units 1 Hook and 1 Hanger, Premium Interior Protection Pack with Rubber Mats Load space Mat Cargo Carrier Cargo Net and Sunshade, Wheel Protection with Chrome Locks Valve Stem Caps Wheel and Tire Cleaner and Tire Pressure Gauge, Derivative Pack – SD Card Navigation, In Control Apps, Pro Services and Wi-Fi Hotspot, Auto-Dimming, Power Fold, Heated Door Mirrors with Approach Lights, Auto High Beam Assist, NAS 4YR Connected Service Pack, Headlight Power Wash, Premium Led Headlights with Signature DRL, Powered Gesture Tailgate / Boot Lid, Traffic Sign Recognition and Adaptive Speed Limiter, In Control Touch Pro-Navigation, Nav – Reg 2 NAS, Mapcare – NAS 4yr.

The Grand Prize Winner is solely responsible for any and all federal, state and local taxes. Additionally, the Grand Prize Winner is solely responsible for any and all license, title, insurance, registration, and pickup or delivery fees and costs associated with the Grand Prize. WINNER IS SOLELY RESPONSIBLE FOR ANY AND ALL TAXES IMPOSED OR ASSESSED IN CONNECTION WITH THE GRAND PRIZE.

The Grand Prize will be offered to the Winner in “as is” condition without warranty of any kind, express or implied. The Grand Prize is non-assignable and non-transferable. Winner must provide a valid U.S. driver's license and evidence of insurance prior to delivery. Vehicle awarded may differ slightly from vehicle displayed in promotional materials.

The Foundation shall have no obligation to the Winner to provide or enforce any warranty or other right offered by any third party in connection with the Grand Prize. Any warranty or other right that may be provided or offered by any third party in connection with the Grand Prize shall be between the Winner and the third party provider of the Grand Prize. THE FOUNDATION MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE GRAND PRIZE, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Net Raffle Proceeds
As used herein, the term “Net Raffle Proceeds” means (1) the gross proceeds received by the Foundation received from the sale of tickets in the Raffle less (2) all Raffle-related expenses as determined by the Foundation. The determination by the Foundation will be binding in all events, other than a manifest error made by the Foundation in the computation of the revenues and expenses of the Raffle.

Rules Applicable to All Ticket Holders and Grand Prize Winner
The Foundation will make reasonable efforts to notify the Winner using information provided on the winning entry form. If the Winner does not contact the Foundation within thirty (30) days after the first initial contact notifying the Winner of his or her winning, then the Foundation shall give notice to the Winner by U.S. Postal Service certified mail, return receipt requested, at the address set forth in the information provided by the Ticket Holder. This notice shall state (1) the Grand Prize won, (2) the telephone number of a contact person at the Foundation, (3) the time and location where the Grand Prize can be claimed, and (4) that if the Grand Prize has not been claimed within thirty (30) days after the date the notification is given, that the Foundation may, at its option, retain the Grand Prize.

The Foundation will not award the Grand Prize if the Winner (1) was ineligible to purchase a ticket or otherwise enter the Raffle, (2) provided materially false or misleading information to the Foundation in connection with the purchase of a raffle ticket, or (3) if participating in this Raffle or receiving the Grand Prize is prohibited with respect to such person pursuant to these Rules or Applicable Law. No other Raffle ticket will be substituted for a winning Raffle ticket, and the Foundation will retain the Grand Prize. A Ticket Holder cannot assign or transfer his or her interest in a Raffle ticket or the Grand Prize won by a winning Raffle ticket.

As a condition to being eligible to receive a prize, the Winner must sign and deliver to the Foundation: (1) a sworn affidavit of eligibility under these Rules and Applicable Law and satisfactory proof that he or she is the person named on the winning entry; (2) a true and valid taxpayer identification number (e.g., social security number, individual taxpayer identification number, or employer identification number); (3) satisfactory proof that the purchaser of the ticket was an eligible Ticket Holder at the time the ticket was purchased; (4) a publicity release, and; (5) any other such matters as the Foundation may reasonably request. Such as proof of identification and proof of address to determine authenticity of individual claiming the Grand Prize. If the holder of a winning ticket does not provide a correct taxpayer identification number or otherwise comply with Applicable Law or these Rules, then the Foundation may, at its option, disallow the award of the Grand Prize to such Ticket Holder and retain the Grand Prize.

The Foundation appreciates and respects each Ticket Holder’s privacy. The Foundation will use personal information provided by the Ticket Holder to fulfill Raffle ticket orders, to contact the Winner, and to publicize the name of the Winner. Notwithstanding the foregoing, each Ticket Holder agrees that his or her name, likeness, voice, and city of residence may be recorded by audio, video, or other digital means, and may be used in any print, audio, or visual media without notice or compensation for any purpose, including related to this or any other Foundation Raffle, or promotional materials.

Each Ticket Holder: (1) agrees that the Foundation and its directors, shareholders, officers, members, employees, agents, and representatives are not responsible for any injuries, losses, or damages of any kind arising in connection with, or as a result of, this Raffle and/or that person's failure to win or redeem the Grand Prize, or that person's award of, acceptance of, or use of, the Grand Prize; (2) releases, indemnifies, defends, protects, and hold harmless the Foundation and its directors, shareholders, officers, members, employees, agents, advertising agency, contractors, insurers, attorneys, accountants, and affiliated entities from and against all losses, damages, rights, claims, and actions of any kind arising in connection with, or as a result of, this Raffle and/or that person's failure to win or redeem the Grand Prize, or that person's award of, acceptance of, or use of the Grand Prize, or that person’s failure to comply with Applicable Law; and (3) represents and warrants to the Foundation that he or she has read and understands these Rules and agrees to be bound by these Rules and the Foundation’s decisions, which are final. TICKET HOLDER’S SOLE AND EXCLUSIVE REMEDY AGAINST THE FOUNDATION SHALL BE LIMITED TO THE RETURN OF THE PURCHASE PRICE PAID FOR TICKET HOLDER’S RAFFLE TICKET(S).

If there is a dispute of any kind regarding the award of the Grand Prize or the conduct of the Raffle, the Foundation and all persons purchasing or holding a ticket agree to arbitrate such dispute and such dispute shall be decided by binding arbitration in accordance with the Rules of the American Arbitration Association then in effect and shall be governed by the United States Arbitration Act (9 U.S.C. §§ 1-16). By the purchase of a ticket, all persons purchasing or holding a ticket submit themselves to the jurisdiction of the District Court of the City and County of Denver, Colorado and appoint the then Clerk, or acting Clerk, of said court as their Agent for the service of all process in connection with such proceedings and consent to the arbitration of disputes between them. The official records of the Foundation held in the Raffle database shall be deemed correct and final.

Registration with the State of Colorado and Applicable Law
This Raffle is being conducted pursuant to Bingo-Raffles License #2019-14351 issued to the MESSNER FOUNDATION – BOARD OF DIRECTORS, by the Colorado Secretary of State’s Office, and is being conducted in accordance with the applicable provisions of the Colorado Constitution (Section 2 of Article XVIII), Colorado's Bingo and Raffles Law (Colorado Revised Statutes, Title 12, Article 9, Sections 101 to 301), and Colorado's Rules Covering and Regulating Bingo/Raffles (8 CCR 1505-2).

The Raffle is subject to these Rules, the laws of the State of Colorado, and Applicable Law. If there is a conflict between these Rules and the laws of the State of Colorado, the laws of the State of Colorado shall govern. The Foundation reserves the right to modify the Rules or impose additional conditions, procedures, and requirements as may be necessary or required for the Raffle and the award of the Grand Prize hereunder to comply with the laws of the State of Colorado and Applicable Law. This Raffle is void where prohibited by law. These Rules are copyrighted proprietary materials and may not be copied, reproduced, or used in whole or part in any manner. For information or inquiries about this Raffle, contact Jodi Meador at jmeador@messner.com or 303-623-1800.