The Theater Project, Inc. (TTP)
a 501(c)(3) non-profit Corporation doing business as the
CLASSIC RAFFLE OFFICIAL RULES & REGULATIONS
By participating in this Raffle; all entrants agree to be bound by these Official Rules and Regulations and by the decisions of The Theater Project, Inc. ("TTP"), which shall be binding and final as to all matters related to this 25th Annual Classic Raffle ("Raffle"). The Raffle is subject to all applicable federal, state and local laws. These Official Rules and Regulations were updated on: September 1, 2020.
TTP is the Sponsor of this Raffle ("Sponsor") with our contact information being:
SPONSOR MISSION STATEMENT:
|Address:||The Theater Project, Inc.|
|dba Majestic Theater, 131 Elm Street, West Springfield, MA 01089|
|Phone:|| (413) 747-7797|
|Non-Profit IRS Tax ID Number:|| 22-3234059|
The Sponsor's mission is to provide Pioneer Valley based actors, actresses, and theater technicians a professional space in which to perform — the Majestic Theater.
The Net Proceeds from the Raffle will be utilized by the Sponsor to provide financial support for the operation, maintenance, and theatrical programming at the Majestic Theater. "Net Proceeds" means the gross receipts from the conduct of this Raffle, less expenses, fees and taxes.
There are two prizes in the 25th Annual Classic Raffle.
INSPECTION of PRIZES:
| First Prize: || 1960 Corvette • Appraised value: $55000.00|
|Second Prize:|| 2001 Harley-Davidson • Appraised value: $8000.00|
The 25th Annual Classic Raffle Prizes are available for inspection at the following locations during the dates noted:
|Brimfield Antiques Fair:|May 17 & 18, July 12 & 13, Sept. 6 & 7, 2020 Event Cancelled
|The Big E: |September 13–29, 2020 Event Cancelled
|Holyoke Mall: ||November 1–December 31, 2020|
The 25th Annual Classic Raffle is being conducted pursuant to a raffle permit issued to the Sponsor by the Town of West Springfield, MA.
RAFFLE DATES and DEADLINES:
Raffle tickets for the 25th Annual Classic Raffle can be purchased by Eligible Raffle Entrants as of May 15, 2020. Raffle tickets will cease being available to purchase at 3:00PM EST on December 31, 2020.
Eligible Raffle Entrants to the 25th Annual Classic Raffle may purchase Raffle tickets in one or more of the following manners:
|IN-PERSON:|| Majestic Theater, Brimfield, The Big E, Holyoke Mall, other Locations during the Raffle Dates may become available.|
|MAIL:|| Raffle brochures are sent to previous Raffle Entrants in October 2020.|
|PHONE:|| by calling the Majestic Theater Box Office (Monday–Saturday 10:00AM–1:00PM all EST times).|
Raffle entries are processed on a first come first fulfilled basis. Raffle ticket are assigned to Eligible Raffle Entrants in sequential numbered order. NO random numbered order Raffle Ticket requests will be fulfilled. All Raffle Ticket distributions shall be final, and no replacements or refunds will be issued by Sponsor.
All purchased Raffle ticket are $10. There are NO discounts or complimentary tickets. Each Raffle Ticket will bear a unique identification number ("Ticket Number") and those numbers shall be used to determine the winner of the Raffle. For the 25th Annual Classic Raffle the Ticket Numbers will start with "25", to indicate the year of the Raffle, and then followed by a sequential number.
Each Eligible Raffle Entrant will be provided a Raffle Receipt that will have the same identifying number as the Raffle Ticket.
All Eligible Raffle Entrants must provide their names, addresses, telephone number, and (if available) e-mail address at the time of purchase.
Raffle tickets which are purchased online will be provided a Raffle Receipt by email which must be printed at the time of purchase.
A Purchaser of the Raffle Ticket must sign the Raffle Ticket and Raffle Receipt either in-person, electronically, on an order form label, or by return receipt postcard. The Purchaser's signature, in any of the noted formats above, shall in accordance with these Official Rules and Regulations, be similarly affixed to the Raffle Ticket.
Sponsor shall be the sole judge of the validity and eligibility of all Raffle entries. Entries generated by other automated or mechanical means are void. Entries which are or appear to be tampered with are void.
In the event of dispute as to the identity or eligibility of any potential winner based on an e-mail address, the winning entry will be declared made by the Authorized Account Holder of the e-mail address submitted at the time of entry, provided he/she is eligible according to these Official Rules and Regulations. The "Authorized Account Holder" is defined as the natural person to whom the applicable Internet service provider or other organization (such as a business or educational institution) has assigned the e-mail address for the domain associated with the submitted e-mail address.
RAFFLE TICKETS ARE NONDEDUCTIBLE:
No portion of the Raffle ticket price may be deducted as a charitable contribution for federal income tax purposes.
NUMBER OF RAFFLE TICKETS AND ODDS: There is no minimum number of Raffle tickets that must be sold for the Prizes in the 25th Annual Classic Raffle to be given to the Winners. There is no maximum number of Raffle tickets that will be sold. Odds of winning a Prize in this Raffle depend on the number of eligible entries received. A total of 15,000 Raffle tickets have been printed, and are available to be purchased, as of May 15, 2020 for this 25th Annual Classic Raffle. It is possible, and allowed by Sponsor, that a raffle entrant—having purchased two or more Raffle tickets—MAY win the First and Second prizes IF each of their tickets is drawn randomly from the raffle barrel.
ELIGIBILE RAFFLE ENTRANTS: During the dates and times and subject to other details specified below, Raffle tickets MAY BE PURCHASED ONLY BY PERSONS 18 YEARS OR OLDER AT THE TIME OF PURCHASE, in accordance with these Official Rules and Regulations. Raffle tickets may NOT be purchased by anyone under the age of 18, regardless of location or method of purchase. Tickets are available for purchase in person by anyone 18 years or older regardless of their state of residence. Raffle ticket sales locations are identified below under "Raffle Entries". Online ticket sales are limited to persons in MA at the time of purchase. If not in MA, please call the box office (413) 747-7797 or email us at: firstname.lastname@example.org to request that a raffle brochure be sent to you. This Raffle is void wherever prohibited by law. Sponsor shall be the sole judge of the validity and eligibility of all entries.
PERSONS NOT ELIGIBLE TO ENTER RAFFLE: The following persons are NOT ELIGIBLE to participate in the Raffle or to win any Prize: employees, managers, officers, board members of The Theater Project, Inc. dba Majestic Theater, and immediate family members of any Ineligible Party. "Immediate family members" means spouses, parents, grandparents, children, including adoptive children, grandchildren, and siblings (and any of their respective spouses) of an Ineligible Party.
TRANSFER OF RAFFLE ENTRIES: Eligible Raffle Entrants who obtain Raffle ticket may opt to give away their Raffle ticket to others, but in doing so they give up any claim they might otherwise have to the Prize if they surrender a winning Raffle Ticket. Raffle ticket may be given away to persons who are under 18 years of age, but only individuals who are 18 years of age or older may claim or win the Prize. Purchasers of Raffle ticket may not sell their Raffle ticket to other parties, and may not knowingly give such Raffle ticket away to others for the purpose of allowing those other parties to sell such Raffle ticket. All Raffle ticket which have been transferred or sold in violation of these Official Rules shall be void. All individuals who re-sell Raffle tickets in violation of these Official Rules and Regulations shall be ineligible to participate in the Raffle or to win any Prize.
RAFFLE DRAWING: The WINNER(s) of the 25th Annual Classic Raffle DO NOT need to attend the Raffle Drawing. The Raffle Drawing will take place at the Majestic Theater, 131 Elm Street, West Springfield, MA 01089 at Midnight on December 31, 2020. ALL eligible Raffle ticket will be placed in the Sponsor Raffle barrel starting at 3:30PM EST on December 31, 2020, and the last Raffle Ticket will be placed in the raffle barrel no later than 11:50PM EST on December 31, 2020. The Raffle barrel will be closed and spun 25 times (number of years of the Raffle) and then spun 1 additional time for "Good Luck". A minimum of two independent witnesses, who are attending the Raffle drawing, will complete and sign witness forms that are kept on file by Sponsor. The winning Raffle tickets are drawn randomly from the Raffle barrel by an independent person selected by Sponsor. The first Raffle ticket drawn randomly and removed from the barrel is the Winner of the First Prize. The second ticket drawn randomly and removed from the barrel is the Winner of the Second Prize.
NOTIFICATION OF WINNER(s): At the completion of the Raffle Drawing, phone calls will be made by Sponsor to the potential First and Second Prize winners (each a "Potential Winner"). The Potential Winners' names, their resident city and state, and their winning Raffle ticket numbers will be recorded on the Majestic Theater's electronic answering machine, and posted on the Majestic Theater's website www.majestictheater.com. Sponsor shall make commercially reasonable efforts to find and notify each Potential Winner but only if and to the extent that Sponsor can successfully identify and contact such Potential Winner based on the identifying information and contact information supplied by the purchaser of the entries in question.
WHETHER OR NOT CONTACTED BY SPONSOR, EACH POTENTIAL WINNER MUST CONTACT SPONSOR DIRECTLY TO BEGIN THE PROCESS REQUIRED TO CLAIM HIS/HER PRIZE NO LATER THAN 11:59 A.M. JANUARY 31, 2021 BY APPEARING IN PERSON AT SPONSOR'S OFFICES AT 131 ELM ST., WEST SPRINGFIELD, MA 01089 WITH HIS/HER WINNING RAFFLE RECEIPT, OR BY SENDING AN EMAIL CONTAINING THAT POTENTIAL WINNER'S CONTACT INFORMATION TO: INFO@MAJESTICTHEATER.COM DURING THAT SAME TIME FRAME IN ORDER TO MAKE ARRANGEMENTS SO THAT SPONSOR MAY INSPECT AND VERIFY THE CLAIMANT'S RAFFLE RECEIPT. RAFFLE RECEIPTS MUST BE PRESENTED NO LATER THAN NOON ON JANUARY 31, 2021 FOR VISUAL INSPECTION AND VALIDATION.
DETERMINATION OF OFFICIAL WINNER(s): Sponsor shall have the sole discretion to determine whether any Potential Winner is an official winner of a Prize (an "Official Winner"). Sponsor's decision concerning the identity of all Official Winners shall be final and binding. To become an Official Winner: (1) a Potential Winner must be eligible to participate in the Raffle under these Official Rules and must not be in violation of these Official Rules as determined in Sponsor's sole judgment; (2) that Potential Winner must contact or be contacted by Sponsor by the deadline specified above under "NOTIFICATION OF POTENTIAL WINNER(s)"; (3) that Potential Winner's winning entry must be inspected and verified in person by Sponsor by the deadline specified above; (4) that Potential Winner must execute and return to Sponsor an affidavit of eligibility and publicity/liability release on a form to be provided by Sponsor; and (5) that Potential Winner must submit a completed W-9 tax form and two forms of identification (to satisfy the IRS requirements necessary to complete the annual W-2G form), and any other tax identification information required by federal, state or local law and where applicable, provide Sponsor with payment for any required withholding taxes due prior to that Potential Winner's receipt of the Prize. If for any reason whatsoever all of the foregoing requirements are not satisfied with respect to a particular Potential Winner, or if Sponsor is unable for any reason to identify the holder of the Winning Raffle Ticket or to contact a Potential Winner, then that Potential Winner's Prize will be deemed forfeited and, the Prize will be retained by the Sponsor for charitable use.
Thank you for entering our 25th Annual Classic Raffle — GOOD LUCK!
Sponsor shall use the following rules to determine the identity of any Potential Winner and of the Official Winner of each Prize: (1) Sponsor shall conclusively presume that the person who is in possession of that Raffle Receipt is the lawful owner of that Raffle ticket and that ticket's winning number, and Sponsor shall not make, nor have any duty to make, any inquiry whatsoever into the circumstances under which that person came into possession of such winning Raffle ticket. In the unlikely event that an error or problem in the administration of the Raffle results in two (2) or more Raffle ticket purchasers holding winning Raffle tickets that contain identical ticket numbers, then the person who has record of the earliest ticket purchase shall be deemed to hold the winning Entry.
PRIZE CLAIM BY WINNER(S): A Prize will be awarded to each Potential Winner who has been designated by Sponsor as an Official Winner. The First and Second Prize Official Winners must take ownership and possession of their Prize no later than noon on January 31, 2020. Failure to take ownership as required hereunder shall result in forfeiture of the Prize. Forfeited Prizes may be retained by The Theater Project, Inc. for charitable use.
PRIZE RESTRICTIONS: The Prizes are not transferable or assignable and cannot be substituted for another prize.
TAXES: All federal, state and local income taxes are the sole responsibility of each Raffle winner. The taxable appraised value of the Prize may be treated as ordinary income to the winner for federal and state income tax purposes, and each winner will be required by law to pre-pay a portion of the tax liability incurred in connection with his/her receipt of the Prize before receiving his/her Prize from Sponsor. A W2-G will be provided by the Sponsor to each Winner at the time that they pre-pay their determined tax liability. Currently, the IRS requires that a minimum of 25% of the fair market value (appraised value) is to be pre-paid and withheld for the potential tax liabilities of each Winner. Each Winner is encouraged to consult with their Tax Preparation Professional to answer their individual questions.
PUBLICITY RELEASE: The Official Winner agrees that acceptance of the Prize grants to Sponsor and Sponsor's designees and affiliates, the right to print, publish, broadcast, and use worldwide and on the Internet, in any media now known or hereafter developed at any time or times, the Official Winner's name, picture, city, state, Winning ticket number, and Prize information for any purpose, including but not limited to in advertisements, trade and promotional purposes, publicity, and other communications without additional compensation, in perpetuity, without notice, review, or approval, except where prohibited by law.
GENERAL CONDITIONS: The Released Parties (defined below under "RELEASE OF LIABILITY") are not responsible for: (1) Raffle tickets which are stolen, lost, damaged, illegible, given away or no longer in the purchaser's possession; (2) Raffle tickets that have been or may have been tampered with or resold in violation of these Official Rules; (3) Raffle tickets, payments, communications or prize deliveries that are delayed, misdirected, undelivered, not fully captured, or garbled as a result of any failure or problem whatsoever with the availability, functionality, operability or use of any network, server, ISP, website, Internet connection, computer, telephone, cable or satellite modem or connection, hand held mobile device or any other computer equipment or connection, whether or not caused by site users, tampering, hacking, or by viruses, worms, or malfunctions affecting a network, server ISP or any equipment or programming used in or associated with the Raffle; (4) the inability of a participant or prospective participant to connect or stay connected to the Internet, to log on to any website, or to participate in or complete any online communication or activity related to the Raffle; (5) any other errors of any kind, whether human, typographical, printing, mechanical, or electronic in nature, which relate to or are connected with the Raffle including without limitation Errors in Raffle-related materials or in the administration of the Raffle, such as Errors in processing Raffle tickets, identifying Potential Winners, determining Official Winners, or announcing or delivering the Prize; (collectively, as described in clauses (1) through (5), "Errors"); or (6) any injury or damage to any person’s computer equipment related to or resulting from participation in this Raffle, the use of any website associated with the Raffle, or the downloading of any materials from such website(s). Anyone who tampers with or abuses the downloading of any aspect of the Raffle or associated website, as determined in Sponsor's sole judgment, will be disqualified from participation in the Raffle and if applicable, will be deemed to have forfeited all claims to any Prize. If any portion of the Raffle is compromised, in Sponsor's sole judgment, by a virus, worm, bug, nonauthorized human intervention or other cause which, in Sponsor's sole judgment, corrupts or impairs the administration, security, fairness or proper play of the Raffle, or the proper submission or capture of Raffle tickets (collectively, a "Compromising Event"), then Sponsor reserves the right, in its sole discretion, to suspend, modify or terminate the Raffle, and to select winners from all eligible, non-suspect Raffle tickets received before the known occurrence or discovery of such Comprising Event. All Raffle ticket purchases shall be final, and no refunds or replacements will be issued by Sponsor. Sponsor has sole and final decision on admissibility of entries and the determination of prize winners.
RELEASE OF LIABILITY: Entrants, by participation in the Raffle, agree that Sponsor and all of its respective officers, directors, employees, representatives, members, consultants and agents (collectively, the "Released Parties") will have no liability whatsoever for, and shall be held harmless by entrants against, any liability for injuries, losses, cost, expenses or damages of any kind, including damages for death, personal injury, property damage or property loss, or other harm resulting from, whether in whole or in part or directly or indirectly, participation in this Raffle, the acceptance, possession, misuse, non-use or use of any Ticket or Prize, these Official Rules and Regulations and the application thereof, all means of Raffle ticket distribution, including online ticket sales, Raffle processes, and/or the Raffle Drawing.
COPYRIGHT: All Raffle materials are copyrighted by Sponsor, and may not be copied, reproduced or used for any purpose without Sponsor's express prior written consent.
GOVERNING LAW; SEVERABILITY: The Raffle and these Official Rules shall be subject to and governed by the laws of the State of Massachusetts, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Massachusetts or any other jurisdiction) that might otherwise cause the application of the laws of any jurisdiction other than the State of Massachusetts. Any action seeking legal or equitable relief arising out of or relating to any Raffle or these Official Rules shall be brought only in the courts of the State of Massachusetts located in Hampden County. If a court of competent jurisdiction finds that any provision of these Official Rules, or their application to a particular persons or circumstances, is invalid or unenforceable to any extent, then the remainder of these Official Rules, and the application of all of these Official Rules to other persons or circumstances, shall not be affected by that determination, and shall remain enforceable to the fullest extent permitted by law. DEPOSITING RAFFLE TICKETS OR RELATED MATERIALS IN THE FEDERAL MAILS IS A VIOLATION OF FEDERAL LAW AND COULD LEAD TO CRIMINAL PENALTIES.