OFFICIAL RULES - A MARVEL-Us Raffle

  1. The Raffle. The “A Marvel-Us Raffle” (the “Raffle”) is a raffle for the Prize listed below with all proceeds benefiting Castaway Animals Rescue Effort, a Missouri nonprofit corporation (“C.A.R.E.”).  A maximum of 4,000 tickets for the Raffle will be sold and entered to win the prize.  Raffle tickets may be purchased for $25.00 per ticket online through http://carerescue.org or at various approved locations in and around Springfield, Missouri.  All sales are final. Odds of winning are based on the number of Raffle tickets sold.​​

  2. Eligibility. The Raffle is only open to legal residents of the State of Missouri who are eighteen (18) years of age or older.  All Raffle ticket entries must be received by C.A.R.E. no later than December 31, 2019 at 11:59.59 p.m.  All entries must be via official Raffle ticket entry and contain the entrant’s contact information, including name, address as shown on present photo identification, phone number, and email address.  Only one individual’s name may be associated with each ticket.  Members of the C.A.R.E. Board of Directors are not eligible to enter or win.

  3. Raffle Prize. One Prize will be awarded to one eligible Raffle entrant and will consist of a 2019 Hyundai Kona, Iron Man Edition. Vehicle sales tax will be paid by C.A.R.E. (approximate vehicle MSRP: $32,250.00; approximate sales tax: $2,612.25 (actual sales tax will be determined based on winner’s place of residence); approximate total prize value: $34,862.25).

  4. Drawing. On or about January 2, 2020, fifty (50) raffle tickets will be randomly drawn from the pool of all entries. These 50 entrants will be notified via phone (if a phone number is provided by entrant) and/or email within 48 hours of the first drawing. Entrants selected from the first drawing will be invited to a free VIP event hosted by Alamo Drafthouse Cinema. If multiple Raffle tickets belonging to the same entrant are drawn, Raffle entrant will be allowed two (2) additional guests to attend the VIP event per Raffle ticket drawn. In addition, each of the entrant’s Raffle tickets selected from the first drawing will enter the final drawing of fifty (50) tickets. Upon conclusion of the event, one (1) raffle ticket will be selected randomly from the fifty (50) pre-drawn Raffle entrants attending the VIP event. ENTRANT MUST BE PRESENT TO WIN, unless written notice of representation for the entrant has been received by C.A.R.E. prior to the VIP event. Once submitted, entries become the sole property of C.A.R.E. and will not be returned.

  5. Claiming and Award of Prize. To claim the Prize, the potential winner must show present photo identification with the same address as on the Raffle ticket, show proof of a valid driver’s license, execute an Affidavit of Eligibility, which will be provided by C.A.R.E., sign IRS Form W-9, complete IRS Form W-2G, provide evidence of any legally required insurance, provide any other information requested by C.A.R.E. to verify eligibility and award the prize, and provide any information requested by Reliable Hyundai to allow the Prize winner to take delivery of the automobile.  Upon verification of eligibility and receipt of all required information and documentation to claim the Prize, the winner of the Prize shall take delivery from Reliable Hyundai at 438 S. Ingram Mill Rd., Springfield, MO 65802 no later than thirty (30) days after the Raffle drawing otherwise the Prize will be forfeited by the winner. No substitution of prizes is offered, and the Prize may not be redeemed for cash value.

  6. Revocation of Prize. If the Raffle prize remains unclaimed by the potential winner for thirty (30) days following the first notification attempt, or if the potential winner fails to provide proper identification or other required information and sign the appropriate forms, or if the potential winner is determined to be an ineligible entrant, then in any such case C.A.R.E. shall declare the prize forfeited and proceed to conduct another drawing from the remaining forty-nine (49) entries. C.A.R.E. is not responsible for any problems occurring with the internet or otherwise that may affect a potential winner’s receipt of the winning notice.

  7. Responsibility for Taxes and Other Costs Associated with Winning. Unless provided otherwise herein, all federal, state, and local taxes, fees, and other government assessments are the sole responsibility of each prize winner.  The Prize winner shall also be responsible for license, title, insurance, and registration fees and all operation and maintenance costs associated with the automobile. C.A.R.E. agrees to pay vehicle sales tax on behalf of the Raffle winner. All travel and transportation costs associated with collecting the prizes will be the sole responsibility of the winners.

  8. Reservation of Rights. C.A.R.E. reserves the right to make final judgment on all matters pertaining to the Raffle including the right to change or modify the rules or prizes or to discontinue or extend the Raffle without prior notice.  Should C.A.R.E. become aware of any hacking, security breaches, or other misconduct, C.A.R.E. reserves the right to discontinue the Raffle immediately. In the event C.A.R.E. chooses to discontinue the sale of Raffle tickets, names may be drawn from current eligible entries. All decisions of C.A.R.E. concerning any and all matters with respect to the Raffle shall be final and binding.

  9. Disclaimer. Notwithstanding anything to the contrary set forth herein, if C.A.R.E. does not sell a minimum of One Thousand Seven Hundred (1,700) Raffle tickets, the automobile will not be awarded and instead the Prize will be a 50/50 cash split with C.A.R.E., with Prize money dependent on the number of Raffle tickets purchased.

  10. General Terms. Raffle ticket purchases are not tax deductible.  All entrants, by virtue of their entry in the Raffle, agree to be bound by the terms and conditions described in these “A Marvel-Us” Raffle Official Rules (“Official Rules”) and the decisions of the persons verifying eligibility, which will be final and binding with respect to all matters relating to the Raffle.  The Prize winner is subject to verification of eligibility and compliance with these Official Rules, and C.A.R.E. reserves the right to revoke the Prize or remove an entry if the entrant does not meet any or all of the eligibility requirements or if the entry or winning ticket has been damaged or altered.  C.A.R.E. and its officers, directors, agents, volunteers, independent contractors, representatives, and any other individuals or companies participating in the design, administration, or fulfillment of the Raffle (collectively “Releasees”) are not responsible for: (i) any difficulties that an entrant may experience obtaining a Raffle ticket; (ii) any typographical, human, or other error in the printing or advertising of the offer, administration, or execution of the Raffle, or verification or announcement of prize/prize winner; (iii) any failure of communications, failure of the internet or C.A.R.E.’s website, or other technical malfunctions; (iv) any incorrect or inaccurate entry information; or (v) any lost, late, misdirected, incomplete, misdirected, or stolen Raffle ticket entries, all of which will be void.  Any Raffle ticket that is illegible, damaged, mutilated, manipulated, duplicated, forged, counterfeited, altered, copied, tampered with in any manner, obtained in a manner outside legitimate methods as stated in these Official Rules, or distributed where prohibited by law will be considered void and will not be eligible for prize redemption.  One (1) Prize will be awarded at the conclusion of this Raffle, as stated in these Official Rules, and C.A.R.E. is not obligated to award more than the stated quantity.  The headings and captions used in these Official Rules are for reference purposes only and should not have any effect on the interpretation of these Official Rules.  If any portion of these Official Rules is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

  11. Release of Liability. BY ENTERING THE RAFFLE, EACH ENTRANT, AS A CONDITION OF HIS/HER PARTICIPATION IN THE RAFFLE, AGREES THAT THE RELEASEES WILL NOT BE LIABLE FOR PERSONAL INJURIES, DEATH, DAMAGES, EXPENSES OR COSTS OR LOSSES OF ANY KIND RESULTING FROM OR IN CONNECTION WITH PARTICIPATION OR INABILITY TO PARTICIPATE IN THE RAFFLE OR ACCEPTANCE, POSSESSION, OR USE OR INABILITY TO USE A PRIZE OR PARTS THEREOF INCLUDING, WITHOUT LIMITATION, CLAIMS, SUITS, INJURIES, LOSSES AND DAMAGES RELATED TO PERSONAL INJURIES, DEATH, DAMAGE TO OR DESTRUCTION OF PROPERTY, RIGHTS OF 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, EVEN IF CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OF ANY OR ALL OF THE RELEASEES. BY ACCEPTING THE PRIZE, THE WINNER RELEASES THE RELEASEES FROM ALL LIABILITY AND RESPONSIBILITY WITH RESPECT TO THE ACCEPTANCE, POSSESSION, OR USE/MISUSE OF THE PRIZE OR PARTICIPATION IN PRIZE-RELATED ACTIVITIES (INCLUDING ANY PROPERTY LOSS, DAMAGE, PERSONAL INJURY, OR DEATH). RELEASEES WILL NOT BE LIABLE TO WINNER OR ANY OTHER PERSON FOR FAILURE TO SUPPLY A PRIZE OR ANY PART THEREOF, BY REASON OF ANY ACTS OF GOD, ANY ACTION, REGULATION, ORDER OR REQUEST BY ANY GOVERNMENTAL OR QUASIGOVERNMENTAL ENTITY (WHETHER OR NOT THE ACTION, REGULATIONS, ORDER OR REQUEST PROVE TO BE INVALID), EQUIPMENT FAILURE, TERRORIST ACTS, WAR, FIRE, FLOOD, EARTHQUAKE, UNUSUALLY SEVERE WEATHER, EMBARGO, LABOR DISPUTE OR STRIKE (WHETHER LEGAL OR ILLEGAL), LABOR OR MATERIAL SHORTAGE, TRANSPORTATION INTERRUPTION OF ANY KIND, OR ANY OTHER CAUSE BEYOND RELEASEES’ SOLE CONTROL.

  12. Publicity Release. Except where prohibited, by accepting the Prize, winner consents to the use by C.A.R.E. and its designees of their names and/or likeness for all purposes, including but not limited to, advertising and publicity purposes in any and all media now or hereafter known throughout the world in perpetuity without limitation and without additional compensation, notification, or permission.

  13. Privacy Statement. Entrants agree that entry into the Raffle results in their agreement with the following: C.A.R.E. shall have the right to retain and use entrant information, including email addresses, to inform entrant about C.A.R.E. news, events, and promotions. C.A.R.E. does not sell personal information or knowingly share personal information with any unaffiliated third-party groups.

  14. Warranty Disclaimer. The Prize is awarded “AS IS” without any warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement, except for any warranties that may be contained in the automobile’s manufacturer’s warranty.  Releasees make no warranties, representations or guarantees, express or implied, in fact or in law, respecting the performance or use of the Prize, including, without limitation, quality, merchantability, and fitness for a particular purpose, and the winner must look solely to the manufacturer for such warranties, if any.

  15. Applicable Law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and C.A.R.E. in connection with the Raffle, shall be governed by, and construed in accordance with the laws of the State of Missouri, without giving effect to any choice of law or conflict of law, rules or provisions (whether of the State of Missouri, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Missouri.  The Raffle is subject to all applicable federal, state, and local laws, and is void where prohibited or restricted by law. Entrants hold all responsibility to comply with any applicable federal, state, or local laws in connection with their entry.

  16. Disputes.  Each entrant agrees that: (1) any and all disputes, claims, and causes of action arising out of or in connection with the Raffle shall be resolved individually, without resorting to any form of class action, and any judicial proceedings shall take place in federal or state court in Greene County, Missouri; (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Raffle, but in no event attorneys’ fees; and (3) under no circumstances will an entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, and consequential damages, and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. IN NO EVENT SHALL C.A.R.E. BE LIABLE TO ANY ENTRANT OR WINNER FOR DAMAGES THAT EXCEED FIVE HUNDRED AND 00/100 DOLLARS ($500.00).

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