Win a BRAND NEW 2017 KIA OPTIMA

Only 400 tickets will be sold!

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The Official Rules

Lemon Bay Sunrise Rotary Community Trust Drawing by Chance

 

This Drawing by Chance is being conducted by the Lemon Bay Sunrise Rotary Community Trust with principal offices for the conduct of business at P.O. Box 897, Englewood, Florida 34295-0897.

  • The total number of tickets to be distributed will be limited to a maximum of 400 tickets. Consequently, the odds of winning the 2017 Kia Optima, (the “Prize”) will be 1 in 400 hundred (1/400).

 

  • Tickets will be offered for a suggested minimum donation of $100.00 per ticket to Lemon Bay Sunrise Rotary Community Trust, which is an organization that is exempt from federal income taxation pursuant to 26 U.S.C. section 501(c)(3). No purchase necessary to win.

 

  • The entry period shall run from August 24th, 2017 until the 400 hundred tickets have been distributed to an eligible participant. With the expected drawing time and date of December 17, 2017 at 7:00 PM at the Lock-n-Key Restaurant in Englewood located at 2045 North Beach Road, Englewood, Florida 34223 provided all 400 tickets have been distributed by that date. If all 400 tickets have not been distributed by the drawing date of December 17, 2017 the date of the drawing will be changed until the 400 tickets are distributed. That potential new drawing date will be announced on the Lemon Bay Sunrise Rotary website which is www.lemonbaysunriserotary.com.

 

  • The winner of the Prize (the “Winner”) will be determined by a random drawing from all eligible tickets, to be picked by an individual who is not a Lemon Bay Sunrise Rotarian or relative of a Lemon Bay Sunrise Rotarian on December 17, 2017 7:00 PM, or on the actual rescheduled date for the drawing. The Winner need not be present to win. The Winner will be notified by telephone and/or letter by November 10, 2017, or within ten (10) days following the actual rescheduled date of the drawing. If the Prize is not claimed within thirty (30) days after delivery of notification, it will be forfeited and awarded to an alternate winner. All of the remaining tickets will be retained by the Lemon Bay Sunrise Rotary Trust until the Prize is claimed. The Prize is not transferable. No substitutions or exchanges (including for cash) of the Prize will be permitted. Outside of the manufacture warranty, the Prize is awarded “as is” and without warranty of any kind of express or implied, (including, without limitations, any implied warranty of merchantability).

 

  • Eligibility will be limited to all U.S. citizens eighteen (18) in age or older who possess a currently valid State driver's license. Lemon Bay Sunrise Rotary members, their families, as well as respective affiliate companies, subsidiaries, agents, professional advisors, advertising and promotional agencies are eligible to win the Prize.

 

  • The Winner will be able to pick the Prize from Fuccillo Kia of Port Charlotte, Florida on (Date to be announced), 2017, or three (3) business days after the actual rescheduled drawing date. The Lemon Bay Sunrise Rotary Community Trust will pay up to a maximum of $20,935, from the monies received from the suggested minimum donations, to Fuccillo Kia of Port Charlotte on behalf of the Winner to purchase the Prize.

 

  • A 1099 IRS Tax form is required to be reported to the Winner at the then current retail value of the automobile selected by the Winner. ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF THIS PRIZE SHALL BE THE SOLE RESPONSIBILITY OF THE WINNER AS WELL AS THE COSTS OF TAG AND TITLE.

 

  • The Lemon Bay Sunrise Rotary Community Trust liability will end upon when the Prize is delivered to the Winner.

 

  • The sponsor of the Prize is the Lemon Bay Sunrise Rotary Club Community Trust, which is an organization that is exempt from federal income taxation pursuant to 26 U.S.C. section 501 (c)(3), whose principal place of business is located at P.O. BOX 897, Englewood, Florida 34295-0897

 

  • By entering this drawing, you release the Lemon Bay Sunrise Rotary Club Community Trust, the members of the Englewood Lemon Bay Sunrise Rotary Club, their families, as well as respective affiliate companies, subsidiaries, agents, professional advisors, advertising and promotional agencies (collectively, the “Released Parties”) from any liability whatsoever, and waive any and all causes of action, for any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with this drawing or acceptance, possession, or use of the Prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights or publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory.

 

  • Except where prohibited by law, entry into the drawing constitutes permission to use the Winner’s name, address, likeness and or prize information, without limitation, for promotional purposes without further permission or compensation. As a condition of being awarded the Prize, except where prohibited by law, the Winner may be required to execute a consent to the use of their name, address, likeness and/or prize information, without limitation, for promotional purposes without further permission or compensation.

 

  • As a condition of being awarded the Prize, the Winner will be required to execute and deliver to the Lemon Bay Sunrise Rotary Community Trust a signed affidavit of eligibility and acceptance of these Official Rules and release of liability.

 

  • The drawing and these Official Rules will be governed and construed and interpreted under the laws of the State of Florida, applicable copies of which are attached hereto and made a part hereof. All eligible participants agree to be bound by these Official Rules and by the decisions of the Lemon Bay Sunrise Rotary Community Trust, which are final and binding in all respects. The Lemon Bay Sunrise Rotary Community Trust reserves the right to change these Official Rules at any time, at its sole discretion.

 

  • The Winner is required to provide a valid driver's license, social security account number and pictured identification and must complete all required IRS forms and such other forms required by Lemon Bay Sunrise Rotary Community Trust and/or Fuccillo Kia of Port Charlotte in conjunction with the registration, titling and delivery of the Prize prior to and as a condition precedent to the delivery of the Prize. Failure to provide proper documentation and identification within three (3) days of the request shall result in a forfeiture of the Winner's Prize. In the event of a forfeiture, an alternate ticket will be selected to determine the Winner.

 

  • Any questions concerning this drawing by chance and/or these official Rules should be addressed to Mr. Chris Atamanchuk at (941)270-7331 and/or at the following e-mail address: Chris.locknkey@comcast.net as well as Mr. James Hinck at (941)468-3478 and/or at the following e-mail address: james@thehincks.net

 

 

 

THE FLORIDA STATUTES 2015

 

849.0935 Charitable, Nonprofit organizations; drawings by chance; required disclosure; unlawful acts and practices: penalties –

(1) As used in this section, the term:

(a) “Drawing by chance, “ “drawing, “ or “raffle” means an enterprise in which, from the entries submitted by the public to the organization conducting the drawing, one or more entries are selected by chance to win a prize. The term “drawing” does not include those enterprises, commonly known as “game promotions,” as defined by s. 849.094, “matching,” “instant winner,” or “preselected sweepstakes,” which involve the distribution of winning numbers, previously designated as such, to the public.

(b) “Organization” means an organization which is exempt from federal income taxation pursuant to 26 U.S.C. s.501(c) (3), (4), (7), (8), (10), or (19), and which has a current determination letter from the Internal Revenue Service, and its bona fide members or officers.

(2) Section 849.09 does not prohibit an organization from conducting drawings by chance pursuant to the authority granted by this section, if the organization has complied with all applicable provisions of chapter 496 and this section.

(3) All brochures, advertisements, notices, tickets, or entry blanks used in connection with a drawing by chance shall conspicuously disclose:

(a) The rules governing the conduct and operation of the drawing.

(b) The full name of the organization and its principal place of business.

(c) The source of the funds used to award cash prizes or to purchase prizes.

(d) The date, hour, and place where the winner will be chosen and the prizes will be awarded, unless the brochures, advertisements, notices, tickets, or entry blanks are not offered to the public more than 3 days prior to the drawing.

(e) That no purchase or contribution is necessary.

(4) It is unlawful for any organization that, pursuant to the authority granted by this section, promotes, operates, or conducts a drawing by chance:

(a) To design, engage in, promote, or conduct any drawing in which the winner is predetermined by means of matching, instant win, or preselected sweepstakes or otherwise or in which the selection of the winners is in any way rigged;

(b) To require an entry fee, donation, substantial consideration, payment, proof of purchase, or contribution as a condition of entering the drawing or of being selected to win a prize. However, this paragraph does not prohibit an organization from suggesting a minimum donation or from including a statement of such suggested minimum donation on any printed material used in connection with the fundraising event or drawing;

(c) To condition the drawing on a minimum number of tickets having been disbursed to contributors or on a minimum amount of contributions having been received;

(d) To arbitrarily remove, disqualify, disallow, or reject any entry or to discriminate in any manner between entrants who gave contributions to the organization and those who did not give such contributions;

(e) To Fail to promptly notify, at the address set forth on the entry blank, any person whose entry is selected to win or the fact he or she won;

(f) To fail to award all prizes offered;

(g) To print, publish, or circulate literature or advertising material used in connection with the drawing which is false, deceptive or misleading;

(h) To cancel a drawing; or

(i) To condition the acquisition or giveaway of any prize upon the receipt of the voluntary donations or contributions.

(5) The organization conducting the drawing may limit the number of tickets distributed to each drawing entrant.

(6) A violation of this section is a deceptive and unfair trade practice.

(7) Any organization that engages in any act or practice in violation of this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. Any organization or other person who sells or offers for sale in this state a ticket or entry blank raffle or other drawing by chance, without complying with the requirements of paragraph (3)(d), commits a misdemeanor of the second degree, punishable by fine only as provided in s. 775.083.

(8) This section does not apply to the state lottery operated pursuant to chapter 24.

History.-s. 1, ch. 84-181; ss. 1, 2, ch. 88-115; s. 216, ch. 91-224; s. 1, ch. 96-253; s. 1825, ch. 97-102; s. 1, ch. 97-108; s. 2, ch. 2013-2.