SIPS, SAVORIES & SWEETS
2021 HARLEY-DAVIDSON MOTORCYCLE RAFFLE
By participating, you agree that:
1. EACH PARTICIPANT IN THE RAFFLE MUST BE A LEGAL RESIDENT OF THE UNITED STATES AND AT LEAST 18 YEARS OLD AT TIME OF ENTRY. RAFFLE IS SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. ALL NET PROCEEDS BENEFIT PATIENT CARE AND SERVICES AT THE HOSPICE OF DAYTON, INCORPORATED, DBA OHIO'S HOSPICE OF DAYTON, AN OHIO NONPROFIT CORPORATION ("HOSPICE OF DAYTON").
2. Entry Period: The "Sips, Savories & Sweets 2021 Harley-Davidson Motorcycle Raffle" (the "Raffle") begins at 12:00 P.M. (ET) on August 9, 2021. Raffle tickets will be available for purchase in accordance with these Official Rules: (i) online until October 8, 2021 at 5:00 P.M. (ET); and (ii) in person from authorized HOSPICE OF DAYTON employees, volunteers, and associated organizations until 9:00 P.M. (ET) on October 9, 2021 (the "Raffle Period"). All entries must be received before the end of the Raffle Period.
3. Eligibility: This Raffle is open only to legal residents of the United States. Entrants must be at least eighteen (18) years of age or older at time of entry. By participating in this Raffle, entrants agree to: (a) be bound by and comply with these Official Rules and by the interpretations of these Official Rules by HOSPICE OF DAYTON and by the decisions of HOSPICE OF DAYTON and its affiliates, parents, subsidiaries, predecessors, successors, sponsors, advertising agencies, and third party fulfillment agencies and their respective representatives, agents, employees, shareholders, officers, directors, members, managers, and assigns (collectively the "Raffle Entities"), which are final in all matters relating to this Raffle; and (b) release and hold harmless the Raffle Entities, Buckeye Harley-Davidson ("Harley-Davidson") and its affiliates, parents, subsidiaries, predecessors, successors, sponsors, advertising agencies, and third party fulfillment agencies and their respective representatives, agents, employees, shareholders, officers, directors, members, managers, and assigns (the "Harley-Davidson Entities"), from any and all actions, claims, injuries, losses and damages, including without limitation death and bodily injury, arising in any manner, directly or indirectly, in whole or in part, from participation in this Raffle or any Raffle-related activity, including without limitation any travel or activities related to acceptance and/or use of the Prize (as defined below in Section 8) or the Cash Prize (as defined below in Section 8), as applicable, and from entrants' acceptance, receipt, use, or misuse of the Prize or the Cash Prize, as applicable. Persons affiliated with the Raffle Entities, Ohio's Hospice, and/or Buckeye Harley-Davidson are ineligible to participate in the Raffle, including without limitation any employees and agents of the Raffle Entities, Ohio's Hospice, and/or Buckeye Harley-Davidson.
4. Raffle Tickets: One (1) prize winner (the "Prize Winner") will be selected following the conclusion of the Raffle Period. The odds of winning the Prize or the Cash Prize, as applicable, depend on the number of Eligible Entries (as defined in Section 5) received. Each Eligible Entry will receive one (1) Raffle ticket. Each Raffle ticket represents a separate and equal chance to win the Prize or the Cash Prize, as applicable. No more than three hundred and fifty (350) Raffle tickets will be sold. Raffle tickets will be sold to entrants for one hundred dollars ($100), each.
5. To Enter: Entrants may purchase a Raffle ticket to enter the Raffle in the following ways:
(i) Online: To enter the Raffle online, eligible entrants must register at: https://e.givesmart.com/events/l19/i/_All/ep2z/ (the "Website"), and submit his/her valid name, address, telephone number, email address, and any other required information.
(ii) In Person: From authorized HOSPICE OF DAYTON employees, volunteers, and associated organizations.
All entries submitted in accordance with these Official Rules are collectively referred to as the "Eligible Entries." Raffle ticket stubs will not be returned by mail to entrants due to certain postal regulations. When an order is placed in person or via the Website, an authorized representative of HOSPICE OF DAYTON will complete the ticket by filling in the name, address, phone number, and e-mail address of the entrant and will place the ticket in a secure location designated for the collection of Raffle tickets. HOSPICE OF DAYTON may, in its sole discretion, but is not obligated to, issue telephonic or email confirmations to entrants upon the sale of Raffle tickets. Entrants may call HOSPICE OF DAYTON to check when an order was processed and to obtain their ticket number(s), if so desired.
In the event of a dispute over who submitted a winning Eligible Entry electronically, the authorized subscriber of the email account used to submit an Eligible Entry through the Website and participate in this Raffle at the actual time of entry will be deemed to be the entrant. The authorized account subscriber is defined as the person who is assigned an email address by an internet access provider, online service provider, or other organization (e.g. business, education, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
6. Prize Winner Selection/Notification: The Prize Winner will be randomly selected from among all of the Eligible Entries at HOSPICE OF DAYTON's Sips, Savories & Sweets event to be held on October 9, 2021, at 7575 Paragon Rd., Dayton, Ohio, 45459 (the "Drawing").
If the Prize Winner is not present at the Drawing then winner notification will be made by telephone and e-mail to the telephone number and e-mail address provided on his/her entry form. The potential Prize Winner will have seven (7) days after the date of the Drawing to go to HOSPICE OF DAYTON, to claim the Prize or the Cash Prize, as applicable. If a potential Prize Winner does not claim the Prize or the Cash Prize, as applicable, within seven (7) days after the Drawing, the potential Prize Winner will be disqualified and will forfeit all rights and claims in the Prize or the Cash Prize, as applicable, and an alternate Prize Winner will be randomly selected from among the remaining applicable Eligible Entries.
7. Prize Winner Verification: The potential Prize Winner must prove eligibility, including without limitation proof of age and residence. In the event of non-compliance by a potential Prize Winner of these Official Rules, such potential Prize Winner will be disqualified and will forfeit all rights and claims in the Prize and the Cash Prize, as applicable, and an alternate Prize Winner will be randomly selected from among the remaining applicable Eligible Entries. To be eligible to win the Prize or the Cash Prize, as applicable, the potential Prize Winner must sign and return within three (3) days of receipt of such documents from HOSPICE OF DAYTON: (a) an affidavit of eligibility and release of the Raffle Entities and the Harley-Davidson Entities, from liabilities, losses, claims, demands, and causes of action for personal injury, damage, theft, loss, and any other harm suffered or that might be suffered, directly or indirectly, in connection with the Raffle and/or the possession, use/misuse, and/or acceptance of the Prize or the Cash Prize, as applicable, or any portion thereof; and (b) except where prohibited by law, a promotional release granting the Raffle Entities and Harley-Davidson Entities the right to use the potential Prize Winner's name, likeness, address, photograph, videotape and/or statements for advertising and publicity purposes without additional compensation. Entry into this Raffle constitutes agreement to sign such releases. The Prize Winner also must complete any additional legal documents provided by HOSPICE OF DAYTON, Harley-Davidson, and any of their respective agents with respect to the Prize or the Cash Prize, as applicable, and return them as instructed within the timeframe specified. Failure to comply with the requirements set forth in this Section 7 might result in forfeiture of the Prize or the Cash Prize, as applicable, as determined in HOSPICE OF DAYTON's sole discretion. All decisions of HOSPICE OF DAYTON relating to this Raffle are final and non-negotiable.
8. Prize: The Prize Winner will receive one (1) 2021 Harley-Davidson Heritage Classic Motorcycle (the "Prize"), except as otherwise provided in these Official Rules.
Notwithstanding anything to the contrary contained in these Official Rules, all details of the Prize shall be at HOSPICE OF DAYTON's sole discretion, including without limitation color, options, features, and model. The Prize does not include anything other than as specifically set forth in these Official Rules. If the Prize Winner is unable to accept the Prize or the Cash Prize, as applicable, for any reason, the Prize Winner's privileges and Prize or the Cash Prize, as applicable, will be terminated and an alternative Prize Winner will be randomly selected from the remaining Eligible Entries.
All dates and times are subject to change in HOSPICE OF DAYTON's sole discretion. If for any reason whatsoever the Prize or the Cash Prize, as applicable, is delayed, cancelled, or postponed, the Raffle Entities reserve the right, but are not obligated, to cancel or modify this Raffle in their sole discretion.
The Raffle Entities have not and will not obtain or provide insurance of any kind relating to the Prize or the Cash Prize, as applicable, and the Prize Winner will be responsible for obtaining and paying for any life, travel, accident, auto, casualty, property or other forms of insurance relating to the Prize or the Cash Prize, as applicable, and any taxes, registration fees, title fees, transfer fees, license duties, and all other costs and expenses relating to the Prize Winner's claiming, registering, receiving, owning, or using the Prize or the Cash Prize, as applicable.
The approximate retail value ("ARV") of the Prize is $21,000.00. The ARV of the Prize is subject to change based on market conditions. Any difference between the ARV and the actual value, if any, will not be awarded.
Notwithstanding anything to the contrary contained in these Official Rules, if less than 165 tickets are sold then, at HOSPICE OF DAYTON's sole and absolute discretion, (i) the Prize will not be awarded to the Prize Winner and (ii) HOSPICE OF DAYTON will deliver to the Prize Winner, in cash, an amount equal to one half of the aggregate amount of all proceeds received by HOSPICE OF DAYTON from the sale of Raffle tickets pursuant to these Official Rules less reasonable costs incurred by HOSPICE OF DAYTON in connection with this raffle, as determined by HOSPICE OF DAYTON in its sole discretion (the "Cash Prize").
THE RAFFLE ENTITIES MAKE NO WARRANTY, REPRESENTATION, OR GUARANTEE OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE ACCEPTANCE AND/OR USE OF THE PRIZE OR THE CASH PRIZE, AS APPLICABLE, INCLUDING WITHOUT LIMITATION ITS QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
9. General Prize Terms: Arrangements for fulfillment of the Prize or the Cash Prize, as applicable, will be made by HOSPICE OF DAYTON. The value of the Prize or the Cash Prize, as applicable, will be taxable to the Prize Winner as income. The Prize Winner must supply HOSPICE OF DAYTON with his/her social security number for tax purposes. IRS Form 1099 will be issued in the name of the Prize Winner for the ARV of the Prize or the amount of the Cash Prize, as applicable, received. Upon entry into this Raffle, all entrants are required to comply with all applicable federal, state, and local laws, rules, and regulations. All federal, state and local taxes, and any other costs not specifically provided for in these Official Rules, are solely the responsibility of the Prize Winner. The Raffle Entities will have no responsibility or obligation to the Prize Winner or any potential Prize Winner who is unable or unavailable to accept or utilize the Prize or the Cash Prize, as applicable, as described in these Official Rules. The Prize Winner is solely responsible for and will indemnify the Raffle Entities and Harley-Davidson Entities with respect to all taxes, registration, title, transfer fees, license duties, documents, insurance, and all expenses and documentation required in claiming, registering, receiving, owning, and using the Prize or the Cash Prize, as applicable.
10. General Terms: Noncompliance with any of these Official Rules may result in disqualification. ANY VIOLATION OF THESE OFFICIAL RULES BY ANY POTENTIAL PRIZE WINNER OR PRIZE WINNER OR ANY BEHAVIOR BY ANY POTENTIAL PRIZE WINNER OR PRIZE WINNER THAT WILL BRING SUCH PRIZE WINNER OR ANY OF THE RAFFLE ENTITIES INTO DISREPUTE (IN THE RAFFLE ENTITIES' SOLE DISCRETION) WILL RESULT IN SUCH PRIZE WINNER'S DISQUALIFICATION AS A PRIZE WINNER OF THIS RAFFLE AND ALL PRIVILEGES AS PRIZE WINNER WILL IMMEDIATELY AND AUTOMATICALLY TERMINATE.
The Raffle Entities assume no responsibility for incomplete, incorrect, or inaccurate entry information, whether caused by any of the equipment, software, or programming associated with or utilized in this Raffle or by any human, mechanical, or electronic error that might occur in the processing of the entries in this Raffle. The Raffle Entities are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any email on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof. The Raffle Entities are not responsible for any typographical or other error in the printing of the offer, administration of this Raffle, processing entries, identifying the Prize Winner or in the announcement of the Prize or the Cash Prize, as applicable, or the Prize Winner. If, for any reason, this Raffle is not capable of running as planned, including without limitation infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Raffle Entities that corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Raffle, HOSPICE OF DAYTON reserves the right in its sole discretion to cancel, terminate, modify, or suspend this Raffle. Should this Raffle be terminated prior to the stated expiration date, notice will be posted on the Websites during the Raffle Period and the Prize or the Cash Prize, as applicable, may be awarded to a winner to be selected from among all Eligible Entries received up until the time of modification, cancellation, or termination or in a manner that is fair and equitable as determined by HOSPICE OF DAYTON in its sole discretion. All interpretations of these Official Rules and decisions by HOSPICE OF DAYTON are final. HOSPICE OF DAYTON reserves the right in its sole discretion to disqualify any individual they suspect or find (a) to have tampered with the entry process or the operation of this Raffle or (b) to be acting in violation of these Official Rules. THE COURTS IN OHIO (STATE AND FEDERAL) SHALL HAVE EXCLUSIVE JURISDICTION OF ANY CONTROVERSIES REGARDING THIS RAFFLE AND THE LAWS OF THE STATE OF OHIO SHALL GOVERN THIS RAFFLE. EACH ENTRANT WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THESE COURTS AND HEREBY SUBMITS TO THE JURISDICTION OF THOSE COURTS. Entrants agree to indemnify and hold harmless the Raffle Entities from all liability resulting or arising from this Raffle, hereby release all rights to bring any claim, action, or proceeding against the Raffle Entities, and hereby acknowledge that the Raffle Entities have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the Prize or the Cash Prize, as applicable.
11. Request for Name of Prize Winner and Official Rules: All requests for a copy of these Official Rules and/or for the name of the Prize Winner must be made by December 31, 2021 by sending a self-addressed stamped envelope to:
THE HOSPICE OF DAYTON, INCORPORATED
2021 Harley-Davidson Motorcycle Raffle
7575 Paragon Rd.
Dayton, OH 45459
12. LIMITATION ON LIABILITY. THE RAFFLE ENTITIES' LIABILITY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR BY STATUTE OR OTHERWISE) TO ANY ENTRANT, PRIZE WINNER, OR POTENTIAL PRIZE WINNER, OR TO ANY THIRD PARTY, CONCERNING PERFORMANCE OR NONPERFORMANCE OR OTHERWISE RELATED TO THE RAFFLE, THE PRIZE, OR THESE OFFICIAL RULES IS LIMITED TO, IN THE AGGREGATE, THE RAFFLE TICKET PRICE PAID BY SUCH ENTRANT, PRIZE WINNER, POTENTIAL PRIZE WINNER, OR THIRD PARTY. THE RAFFLE ENTITIES ARE NOT LIABLE, IN ANY EVENT (INCLUDING WITHOUT LIMITATION ANY ENTRANT'S, PRIZE WINNER'S, POTENTIAL PRIZE WINNER'S, OR THIRD PARTY'S USE OF OR INABILITY TO USE THE PRIZE), FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR INDIRECT DAMAGES OR EXPENSES (INCLUDING WITHOUT LIMITATION LOST PROFITS AND SAVINGS), EVEN IF THE RAFFLE ENTITIES WERE ADVISED OF THE POSSIBILITY OF THE OCCURRENCE OF SUCH DAMAGE.