13th Annual Palos Verdes Art Center
"Mid-Century Desert Dream" House Raffle
RAFFLE RULES AND CONDITIONS (“Rules”)
The Grand Prize Drawing for the Palos Verdes Art Center / Beverly G. Alpay Center for Arts Education (PVAC) 2015 Mid-Century Desert Dream House Raffle will be held on Friday, May 29, 2015, beginning at 5:30 p.m., at Palos Verdes Art Center, 5504 W. Crestridge Road, Rancho Palos Verdes, California 90275. Tickets will not be sold after 5:00 p.m., Friday, May 15, 2015. Tickets may sell out before that time. Harrington Group, an independent accounting firm, will supervise all drawings. All drawings for prizes are open to the public, but the winner need not be present to win (except for door prizes). This offer is void where prohibited by law, and all federal, state and local laws and regulations apply.
This year, the grand prize is (a) a fully furnished home and property located in the Marrakesh Country Club development, Palm Desert, California, designed and furnished specifically for the 2015 Mid-Century Desert Dream House Raffle, plus a number of related gifts including furnishings, 5 year golf membership to the Marrakesh Country Club, 2 golf carts, 2 Louis Vuitton golf bags, 2 2015 Jaguars (1 F-TYPE V8 S Convertible and 1 XK Coupe) and a trip for two to Morocco, having an aggregate value of at least $825,000 and $675,000 in cash (collectively, the “2015 Dream House Package”) or (b) $1,000,000 in cash. The 2015 Dream House Package is offered as a unit, non-divisible and without substitution; however, the respective winners of the following respective Early Bird prizes will have the option to choose between: (a) a 2015 Mini Cooper (optional features to be determined by winner up to a maximum total value of $30,000) or a cash prize of $25,000, and (b) a 2015 BMW 428i (optional features to be determined by winner up to a maximum total value of $50,000) or a cash prize of $40,000, and (c) 45 Apple iPad Air 2 tablets prizes (including 5 in the Grand Prize drawing) or $500 each in cash.
Following each drawing, the list of winners (names and cities of residence) will be published on the PVAC website and posted at the Art Center or may be obtained by sending a written request plus a stamped self-addressed envelope to: Palos Verdes Art Center, 5504 W. Crestridge Road, Rancho Palos Verdes, California 90275.
Only a maximum of 25,000 tickets will be offered for sale. The chances of winning are based on that number. If fewer tickets are sold, your chances of winning the Grand Prize and other prizes improve. If at least 22,000 raffle tickets are sold, the Grand Prize winner shall have the option until 3:00 p.m. June 12, 2015 to choose between (a) the 2015 Dream House Package, or (b) the $1,000,000 cash prize. The transfer of ownership of the 2015 Dream House is subject to terms and conditions and escrow instructions normal and customary for the transfer of real property in the Palm Desert area.
The IRS has taken the position that amounts paid for chances in raffles, lotteries or similar drawings for valuable prizes are not gifts, and consequently do not qualify as deductible charitable contributions. Prize winners are responsible for the payment of all local, state and federal taxes resulting from the income attributable to the receipt of any prizes, and should consult their professional legal and accounting advisors regarding the tax effects of their respective choices.
Tickets are $150.00 each. You may buy as many available tickets as you wish. All sales transactions are final. No payments will be refunded.
To order tickets, call 310-541-2035 or 310-541-2479. Or download the order form from pvartcenter.org and fax it to 310-541-0248 or 310-541-4370 or deliver in person to: PVAC Dream House Raffle, 5504 W. Crestridge Road, Rancho Palos Verdes, California 90275. Entries must include payment or credit card information (Visa, MasterCard, Discover or American Express) to be eligible. Email orders will not be accepted.
More than one name may be entered on the ticket to indicate that any prize won is to be shared. Only the names provided on the ticket will be eligible to receive prizes. Unless otherwise designated, winnings will be divided equally among all names on the winning ticket. On prize amounts of $500 or less, PVAC, at its option, may write only one check to the person named first on the ticket. That person will then be responsible for making all decisions regarding the winner’s options on behalf of, and dividing the prize among, the other persons listed. Multiple tickets must be purchased at the same time and be in the same name(s) to be eligible for the Multiple Ticket Drawings. There will be a special Multiple Ticket Drawing at each Early Bird Drawing and at the Grand Prize Drawing. Only purchased multiple tickets are eligible for those drawings.
By entering this raffle, each entrant:
a) accepts and agrees to be bound by all the rules, limitations and restrictions set forth herein, at pvartcenter.org/raffle/2015/rules.html.
b) agrees that their names, resident city, and/or their likenesses may be disclosed to and used by the news media and may otherwise be used by PVAC for publicity purposes and in lists of prize winners (name and city) to be published on the PVAC website.
c) releases PVAC, its trustees, officers, employees and agents from any and all liability for injuries, losses or damages of any kind or caused by or resulting from acceptance, possession and use or misuse of any prize. Each winner also agrees to indemnify and hold PVAC harmless from any and all losses, damages, rights, claims and actions of any kind arising in connection with or as a result of the winner’s choice of winner options and acceptance or use of any prize.
d) understands and agrees that entrant must pay at the time of receipt of the prize, by means of cash payment or withholding from cash prizes, estimated federal income tax in the amount of 25% of the prize value on all prizes having a value in excess of $5,000.
To qualify for any drawing, ticket orders must be received and/or purchased by the indicated deadline. Any orders received after the stated deadline will be held for the next applicable drawing. PVAC assumes no responsibility for lost, late, misdirected or non-delivered mail.
If less than 4,000 tickets are sold by March 12, 2015, 5:00 pm, PVAC, in its sole discretion, may end the raffle at the first Early Bird Drawing. The Multiple Ticket Prize and Early Bird cash only prizes 2-5 (but not the Grand Prize) will be awarded for that drawing. The Grand Prize drawing will be held at that time, but the winner will receive, in lieu of the stated Grand Prize, 50% of the net raffle proceeds, less appropriate and required income taxes (federal, state and/or local). Net raffle proceeds are defined as the balance of funds left after paying all other prizes and all raffle expenses. No further raffle drawings will be held.
Other rules and regulations may apply. Please contact PVAC if you have questions. PVAC’s interpretation and application of the rules and regulations shall be final.
All defective or physically altered entry forms will be immediately disqualified. PVAC reserves the right to reject any entry form that is submitted with payment that does not constitute “good funds.” Prior to the Grand Prize drawing, PVAC will make a reasonable effort to notify the individual and/or entity that submits such an entry form or one which has been rejected because the credit card or check did not clear, and such entry will be rejected.
This Raffle is not an offer and is void in any jurisdiction where such raffles are prohibited or where applicable registration requirements have not been fully satisfied.
EARLY BIRD DRAWINGS
Early ticket purchases will be included in multiple drawings all of which will be held at PVAC, 5504 W. Crestridge Road, Rancho Palos Verdes, California 90275. You may attend any or all of these drawings.
Tickets purchased by 5:00 p.m. Thursday, March 12, 2015, will be eligible for the first Early Bird Drawing on Friday, March 27, 2015 at approximately 5:30 p.m. Multiple tickets purchased by the stated deadlines will be eligible for both Early Bird Drawing and the Multiple Ticket Drawing on that day. The following format will be used:
- The Multiple Ticket Drawing will be held first. All tickets that qualify for the Multiple Ticket drawing will be placed in the drum, a winner will be drawn. The winning Multiple Ticket Drawing ticket, along with all other tickets will be placed in the drum for the rest of the drawings.
- All winning tickets for prizes drawn prior to prize 5 will be copied and, will then be placed in the drum for the drawing of prizes 5 through 2, in reverse order.
- The winning tickets for prizes 5 through 2 will then be copied and returned to the drum, with all the other tickets, for the Early Bird First Prize Drawing.
The same format will be followed for the second Early Bird Drawing. All tickets purchased by 5:00 p.m. Friday, April 10, 2015 (including all tickets purchased before the March 27 drawing) will be included in the second Early Bird Drawing on Friday, April 24, 2015 at approximately 5:00 p.m. at PVAC.
GRAND PRIZE DRAWING
Drawing Format: A maximum of 25,000 tickets (including Early Bird tickets) will be offered for sale for the Grand Prize Drawing. The deadline for purchasing tickets for the Grand Prize Drawing is 5:00 p.m. Friday, May 15, 2015. All tickets purchased by that time will be entered in multiple drawings on May 29, 2015, which will be conducted as follows:
- The Multiple Ticket Drawing will be held first, at approximately 1:00 p.m.
- The winning ticket from the Multiple Ticket Drawing, plus all other eligible tickets, including winning and non-winning tickets from the March 27 and April 24 drawings will then be placed in the drum for the drawing of $20 Prizes in reverse order. The number of $20 prizes will be set at one $20 prize for every 50 tickets sold. This drawing will also be held at 1:00 pm and a list will be posted prior to the Grand Prize drawing.
- All winning tickets for prizes drawn prior to prize 15 will be copied and, will then be placed in the drum for the drawing of prizes 15 through 2, in reverse order. The drawing will be held at approximately 5:00 p.m.
- The winning tickets for prizes 15 through 2 will then be copied and returned to the drum, with all the other tickets, for the Grand Prize Drawing.
Grand Prize Options: If fewer than 22,000 tickets are sold as of 5 p.m. Friday, May 15, 2015, the raffle will be held as scheduled, and all prizes other than the Grand Prize will be awarded as advertised; and the Grand Prize winner will receive a 50% share of the net raffle proceeds, not to exceed $1,000,000, of the net raffle proceeds (less withholding for federal and/or state income taxes). Net raffle proceeds are defined as the balance of funds left after paying all other prizes and all raffle expenses. The raffle expenses as determined by PVAC and audited by the Harrington Group shall be final. Also, at its sole discretion, PVAC may elect to give away the Dream House Package, regardless of the total number of tickets sold.
If at least 22,000 tickets are sold by the May 15, 2015 deadline, the Grand Prize winner will have the choice of (a) the 2015 Dream House Package (including the $675,000 cash), or (b) the $1,000,000 cash prize. The Grand Prize winner must make an election in writing between the 2015 Dream House Package or the cash prize no later than 3:00 p.m. Friday, June 12, 2015. Such choice is at the winner’s sole discretion. The Grand Prize winner is strongly urged to seek professional legal and accounting advice on the tax effects of election as to the respective choices.
If the Grand Prize winner elects to receive the house prize, the 2015 Dream House Package will be accepted by the Grand Prize winner “as is” without warranty except as otherwise expressly set for in the terms and conditions of transfer and escrow instructions. PVAC does not provide any guarantee or warranty, expressed or implied, in connection with the 2015 Dream House, and accepts no liability regarding the construction or condition of the premises. At the time of Closing, all federal, state and local tax income taxes based on the appraised value of the 2015 Dream House Package (including the cash portion) will be due from the Grand Prize winner. If the Grand Prize winner fails to make an election by the June 12, 2015 deadline, or makes a timely election but fails to close escrow by July 10, 2015, he or she will be conclusively deemed to have elected the $1,000,000 cash prize option.
Limitation of PVAC Responsibilities
It is the responsibility of the Grand Prize winner to determine, to his or her satisfaction, the value of the respective Grand Prize options, and the tax effect to them, in light of their personal financial circumstances. PVAC provides no guarantee or warranty (a) as to the value of any property included in the 2015 Dream House Package, (b) whether the Grand Prize winner can successfully consummate the transfer of the house and property on the terms and conditions of transfer, which relevant terms and warranties of transfer shall be essentially the same as those upon which PVAC acquired title, (c) that the Internal Revenue Service (IRS) or the California Franchise Tax Board will accept the PVAC stated value as the value of the prize for the purposes of determining any income tax payable, or (d) that the 2015 Dream House Package can be subsequently sold for its appraised value.
If the Grand Prize winner fails for any reason to consummate the transfer of the 2015 Dream House prior to July 10, 2015, then the Grand Prize winner will be deemed to have elected the $1,000,000 cash option; and the appropriate amount, giving effect to the amount of withholding already paid, will be delivered to the Grand Prize winner.
Payment of all appropriate and required federal, state and local taxes and escrow fees and expenses is the responsibility of the Grand Prize winner. If the cash prize is selected, such taxes will be withheld by PVAC in accordance with federal law, and PVAC will remit the balance of the cash prize to the Grand Prize winner. If the 2015 Dream House Package is chosen, all federal income taxes based on the $1,500,000.00 value attributed to the Dream House Package must be paid by the Grand Prize winner prior to the transfer of title to the house and related prizes in the Dream House Package. If the winner choses the cash prize of $1,000,000, a check will be paid after appropriate taxes are withheld. The taxes applicable to the 2015 Dream House will differ from the taxes applicable to the $1,000,000 cash prize, so entrants are strongly urged to consult with their professional accounting and legal advisers before making a decision.
Anyone 18 years of age or older may enter. Employees and members of the Board of Trustees of PVAC and Harrington Group, their spouses and children are excluded from participating. An affidavit of eligibility may be required from prize winners. Winners will need to show proof of a Social Security or Taxpayer ID consistent with the name(s) on the ticket(s). Out of country residents need to show proof of an equivalent Taxpayer ID from their resident country. Either the form or ID must be presented to PVAC within 120 days of the drawing or the winner’s prize will be considered a donation to the Art Center.
Any dispute arising with respect to this Raffle shall be resolved by binding arbitration conducted in Los Angeles County, California in accordance with the Rules of the American Arbitration Association. The decision of such arbitration shall be final and no appeal may be taken therefrom.
REGISTRATION WITH THE STATE OF CALIFORNIA
By letter from the Attorney General’s office, the Palos Verdes Art Center has re-registered with the Department of Justice under Raffle Registration Number R-1201 and is authorized to conduct raffles in California pursuant to the provisions of Penal Code section 320.5, for the raffle period which begins September 1, 2014 and ends August 31, 2015.
Since 1931, the Palos Verdes Art Center, Beverly G. Alpay Center for Arts Education, a non-proﬁt 501(c)3 community visual arts organization, has inspired adults and children to create, appreciate and celebrate art. The Palos Verdes Art Center's 2015 Mid-Century Desert Dream House Raffle proceeds help fund exhibition, education and outreach programs making visual arts available, accessible and affordable.