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2023 Great Plains Theatre, Inc. of Abilene, Kansas - Raffle Official Rules and Regulations

Rules

I. General Information

Great Plains Theatre, Inc.(GPT) a tax-exempt organization under Section 501(c)(3) of the Internal Revenue Code, is conducting this raffle to raise funds to support the theatre. The Rules and Regulations of GPT are set forth below. By purchasing a raffle ticket, the purchaser agrees to be bound by these rules and regulations.

All raffle tickets are included in the Automobile Prize Drawing and the Gift Certificate Drawing.  No more than 4500 raffle tickets will be sold. Tickets will not be sold after 5:00 p.m. Central time on February 14, 2024. Tickets may sell out before that time. IF tickets sell out prior to that time, the drawing will be moved to an earlier date as determined by GPT. The Automobile Prize Drawing will take place on February 14, 2024 between 5pm and 7pm, Winners need not be present to win a prize in any drawing.  The drawing for the gift certificates will take place on Sunday, December 17, 2023 during intermission of the 2pm show. 

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.

BY ENTERING THIS RAFFLE, ENTRANTS ACCEPT AND AGREE: (1) TO BE BOUND BY ALL THE RULES, LIMITATIONS AND RESTRICTIONS SET FORTH HERE; AND (2) THEIR NAMES AND/OR LIKENESSES MAY BE DISCLOSED TO AND USED BY THE NEWS MEDIA, MAY OTHERWISE BE USED BY GPT FOR PUBLICITY NEWSPAPERS AND SOCIAL MEDIA AND LISTS OF PRIZE WINNERS TO BE PUBLISHED IN NEWSPAPERS, SOCIAL MEDIA, AND ANNOUNCED ON THE GPT WEBSITE. OTHER RULES AND REGULATIONS MAY APPLY. PLEASE CONTACT GPT IF YOU HAVE ANY QUESTIONS. GPT’S INTERPRETATION AND APPLICATION OF THE RULES AND REGULATIONS SHALL BE FINAL.

AS CONSIDERATION FOR THE RIGHT TO PARTICIPATE IN THE RAFFLE, EACH PARTICIPANT WAIVES, RELEASES AND FOREVER DISCHARGES GPT, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS, VOLUNTEERS, AND CONSULTANTS, FROM ANY AND ALL LIABILITY OF ANY KIND FOR RIGHTS, CLAIMS, DEMANDS, ACTIONS, INJURIES, LOSSES, COSTS, EXPENSES, INCLUDING ATTORNEYS’ FEES, OR DAMAGES OF ANY KIND, INCLUDING DAMAGES ARISING IN TORT, CONTRACT OR OTHERWISE, ARISING FROM, IN CONNECTION WITH, OR, AS A RESULT OF PARTICIPATION IN THE RAFFLE, WINNING ANY PRIZE, OR ACCEPTANCE, POSSESSION, USE OR MISUSE OF ANY PRIZE. FURTHERMORE, EACH WINNER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS GPT, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS, VOLUNTEERS AND CONSULTANTS FROM ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS, EXPENSES, INCLUDING ATTORNEYS’ FEES, AND ACTIONS OF ANY KIND ARISING FROM, IN CONNECTION WITH, OR AS A RESULT OF, PARTICIPATING IN THE RAFFLE OR WINNING, ACCEPTING, POSSESSING, USING OR MISUSING ANY PRIZE.

PRIZE WINNERS, INCLUDING BUT NOT LIMITED TO, THE AUTOMOBILE PRIZE WINNER, WILL BE REQUIRED TO SIGN A WRITTEN AGREEMENT CONFIRMING THE ABOVE-DESCRIBED RELEASE AND WAIVER AS A CONDITION TO RECEIVING SUCH PRIZE(S).

II. Raffle Tickets

Single raffle tickets are $30each. Only one method of payment, one name, and one mailing address are permitted per raffle ticket (“ticket transaction”). Only one eligible person may be entered in the raffle per ticket transaction. If the name of more than one person is submitted with a ticket transaction, and the raffle ticket is selected as a winning raffle ticket, then the person named first will be deemed the holder of record of that ticket and declared the winner. Division of any prize by a group purchasing a raffle ticket in common shall be the sole responsibility of the person named as the holder of record of that raffle ticket, should that raffle ticket be selected as a winner.

GPT reserves the right to refuse to accept or reject any entry for any reason, including entries submitted with payments that do not constitute “good funds.”, e.g., funds fully and immediately available for withdrawal. GPT reserves the right to require an alternate payment method. Prior to the Automobile Prize Drawing, GPT will make a reasonable effort to notify any individual whose entry is not accepted or is rejected. GPT will attempt to make contact from the information provided at time of attempted ticket purchase. GPT assumes no responsibility for lost, late, misdirected or non-delivered packages, faxes, text messages, or any other failure to receive orders or deliver receipts prior to the drawing deadlines.

A RAFFLE PARTICIPANT’S SOLE AND EXCLUSIVE REMEDY FOR A BREACH OR ERROR BY GPT SHALL BE LIMITED TO THE RETURN OF THE PURCHASE PRICE PAID FOR HIS OR HER RAFFLE TICKET(S). IN NO EVENT SHALL GPT, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ATTORNEYS, VOLUNTEERS, CONSULTANTS OR REPRESENTATIVES BE LIABLE TO ANY PARTY FOR ANY LOSS OR INJURIES TO EARNINGS, PROFITS OR GOODWILL, OR FOR ANY INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY PERSON OR ENTITY WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

III. How to Purchase:Any eligible individual may purchase as many tickets as he or she may wish, subject to availability.

Ticket(s) may be purchased one of 4 ways. (1) Call 785-263-4574 to place an order by phone and provide name, address, and phone number along with credit card number, credit card security code and expiration date. All major credit cards are accepted. Phone lines are open 24 hours. Messages left on the answering machine to purchase tickets will be subject to a return call verification (2) Place an order in-person at GPT, located at 215 North Campbell, Abilene, KS, 67410, between 9:00 a.m. - 5:00 p.m. local time. (3) Tickets can be purchased on the raffle website or by email. All entries must include payment by check, cashier’s check, money order, cash, or credit card. (4) Tickets may be purchased by a direct solicitation or contact from an employee, member of the Board of Directors, or agent of GPT.  No refunds will be made except under the following circumstances: a ticket order with payment received after 4,500 raffle tickets have been sold or a ticket order with payment that is received after February 14, 2024. No other refunds are available except at the exclusive discretion of GPT. GPT assumes no responsibility for lost, late, misdirected, or non-delivered packages, text messages, or any other failure to receive orders or deliver receipts prior to the drawing deadlines.

IV. Selection of Grand Prize Drawing Winners:

The GPT Car Raffle Drawing will be held on February 14, 2024 from all eligible raffle tickets. The Prize Drawing will be held under the supervision of the board of directors of GPT. Winners need not be present to win. The list of winners will be posted on the GPT website and social media pages.

Winners will be notified according to the contact information provided to GPT at the time of ticket purchase.

In order to collect his or her prize, a ticket winner from any drawing may be required to sign and deliver to GPT:  (a) a sworn affidavit of eligibility in accordance with these Rules and applicable law, including, without limitation, that he or she is at least 18 years old; (b) such written information as is required by any applicable tax laws, including, without limitation, his or her Social Security Number; and (c) proof of identity in forms satisfactory to GPT showing that the person claiming the prize is the same person who is named on the winning raffle ticket.

A winner of any prize valued at $600 or more may be required to submit and/or receive a W-2G, Form 5754, Form W-9 or similar tax form for tax reporting and/or withholding purposes. If tax forms are required for a prize win, the completed forms must be received by GPT no later than delivery of the prize.

V. Winning Odds: The odds of winning the grand prize will depend on the number of tickets sold. If all 4,500 tickets are sold, the odds of winning the automobile prize for any given ticket is 1 in 4,500.

VI. Eligibility:The raffle is open to any individual who is 18 years of age or older. Current GPT employees, are excluded from participating and are not eligible to win a prize as are members of the Board of Directors, their spouses, and dependent children of the same household. All current and prior actors, parents of actors – current and prior, are eligible to purchase tickets.  All federal, state, and local laws and regulations apply. The raffle is void where prohibited or restricted by law.

VII. Prizes:All vehicle prizes are base model factory equipped and winners assume all fees, local, state and federal taxes (including, but not limited to, income taxes and sales taxes based on the value of the car), winners’ respective financing costs, if applicable, and license fees.  Pictures of vehicles used in advertisement and promotions are not the exact automobile, and may not be the same color that will be offered as a prize.  GPT takes no responsibility for prize winners’ tax liabilities. Consult your tax advisor. This offer is void where prohibited by law, and all federal, state and local laws and regulations apply.

All Manufacturer Suggested Retail Prices (“MSRP”), Approximate Retail Values (“ARV”), and estimated values (“Est. Value”) listed in the prize descriptions are confirmed at the time of publication of the Raffle Rules. GPT is not responsible for any price changes to prizes and will honor the values listed in the Rules.

At time of publishing, all prizes are either confirmed available or expected to be available at time of prize awarding. Prizes may be substituted at the discretion of GPT for a similar product of equal or greater value.

Automobile Prize Drawing: 2024 Buick Envista Sport Touring (MSRP of $29,995)

Gift Certificate Prizes

1. $250 Gift Certificate to Amanda’s Bakery & Bistro

2. $500 Gift Certificate to Tossed-N-Sauced Pizza

3. $500 Gift Certificate to M&M Tire

4. $500 Gift Certificate to Midwest Meats

5. $1000 Gift Certificate to Lumber House

6. $1000 Gift Certificate to Pioneer Farm & Ranch

7. $1000 Gift Certificate to RHV “Do It Best”

8. $1000 Gift Certificate to West’s Plaza County Mart

IX. Other Terms and Conditions:

The prize vehicle, even though a new vehicle, will be transferred to the winner “AS IS, WHERE IS, AND WITH ALL FAULTS”. GPT DOES NOT PROVIDE ANY GUARANTEE OR WARRANTY, EXPRESSED OR IMPLIED, IN CONNECTION WITH THE MANUFACTURER AND ACCEPTS NO LIABILITY OR RESPONSIBILITY REGARDING THE CONSTRUCTION OR CONDITION OF THE VEHICLE. NO EXPRESS WARRANTIES ARE GIVEN AND NO AFFIRMATION OF RMHC-SD BY WORDS AND/OR ACTIONS WILL CONSTITUTE A WARRANTY.

 ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE RAFFLE, SHALL BE SETTLED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (PURSUANT TO ITS EXPEDITED PROCEDURES) UNDER ITS COMMERCIAL ARBITRATION RULES, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.   

THE ARBITRATION SHALL TAKE PLACE IN ABILENE, KANSAS.  THE RAFFLE AND THESE OFFICIAL RULES SHALL BE SUBJECT TO AND GOVERNED BY THE LAWS OF THE STATE OF KANSAS.

By purchasing a raffle ticket and choosing to participate in the raffle, each raffle participant acknowledges and agrees that GPT has the right, in its sole discretion, to elect not to proceed with the raffle for any reason whatsoever or for no reason, and in such event, a participant’s sole and exclusive remedy shall be to receive a refund of the full price paid by such participant for each raffle ticket purchased, without interest.