Official Rules and Regulations
Black AIDS Institute (BAI), a tax exempt organization under Section 501(c)(3) of the Internal Revenue Code, and Car Pros Kia (CPK), hereinafter collectively BAI/CPK, is conducting this raffle to raise awareness about HIV testing and encourage residents of southern California to know their HIV status. The Rules and Regulations of this raffle are set forth below. No purchase is needed to enter the Drive Out AIDS Raffle. Raffle entrants agree to be bound by these rules and regulations. BAI/CPK’s interpretation and application of the rules and regulations shall be final.
The Grand Prize Drawing for Drive Out AIDS 2017 Kia Optima Raffle will be held on a date TBD. Prize winners do not need to be present to win.
The Grand Prize Winner assumes all state or local license, title, registration, taxes, or fees associated with the vehicle, as well as insurance (proof of which must be shown prior to delivery) and pickup or delivery costs at the dealership as well as any non-standard options chosen by the winner and negotiated with the dealership. These, or other, consequences may apply to other prizes as well. BAI/CPK takes no responsibility for any tax liabilities. Consult your tax advisor. This offer is void where prohibited by law, and all federal, state and local laws and regulations apply.
BY ENTERING THIS RAFFLE, ENTRANTS ACCEPT AND AGREE (1) TO BE BOUND BY ALL THE RULES, LIMITATIONS AND RESTRICTIONS SET FORTH HERE (2) THAT THEIR NAMES AND/OR LIKENESSES MAY BE DISCLOSED TO AND USED BY THE NEWS MEDIA AND MAY OTHERWISE BE USED BY BAI/CPK FOR PUBLICITY PURPOSES AND IN LISTS OF PRIZE WINNERS TO BE PUBLISHED IN AREA NEWSPAPERS AND ANNOUNCED ON THE DRIVE OUT AIDS RAFFLE WEBSITE AND (3) THEY MAY RECEIVE INFORMATION PRODUCTS FROM CAR PROS KIA OF CARSON. OTHER RULES AND REGULATIONS MAY APPLY. PLEASE CONTACT BAI IF YOU HAVE QUESTIONS. BAI/CPK’S INTERPRETATION AND APPLICATION OF THE RULES AND REGULATIONS SHALL BE FINAL.
BY ENTERING THIS RAFFLE, EACH PARTICIPANT RELEASES BAI AND CPK, THEIR DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM ANY AND ALL LIABILITY FOR INJURIES, LOSSES OR DAMAGES OF ANY KIND CAUSED BY PARTICIPATING IN THE RAFFLE OR WINNING ANY PRIZE OR RESULTING FROM ACCEPTANCE, POSSESSION, USE OR MISUSE OF ANY PRIZE, AND EACH WINNER AGREES TO INDEMNIFY AND HOLD BAI/CPK HARMLESS FROM ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS AND ACTIONS OF ANY KIND RISING IN CONNECTION WITH OR AS A RESULT OF PARTICIPATING IN THE RAFFLE OR THE WINNER’S ACCEPTANCE OR USE OF ANY PRIZE.
EACH PARTICIPANT HEREBY WAIVES THE PROVISIONS OF CIVIL CODE SECTION 1542 WHICH STATES THE FOLLOWING: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
Only one eligible person may be entered in the raffle per ticket entered.
All defective, physically altered, incomplete or illegible entry forms will be immediately disqualified by BAI/CPK. Prior to the Grand Prize Drawing, BAI/CPK will make a reasonable effort to notify the individual and/or entity that submits such an entry form or one which has been rejected by attempting to make contact through the information provided at the time of submitting the raffle.
IN NO EVENT SHALL BAI OR CPK, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS 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.
Selection of Winners
The Drive Out AIDS 2017 Kia Optima Raffle Grand Prize Drawing will be held on a date TBD from all eligible raffle tickets. Winners will be notified according to the contact information provided to BAI/CPK at the time of entry. In addition to the list of winners posted on the Drive Out AIDS raffle website, a list of winners may be obtained from BAI or by sending a self-address, stamped envelope to 2017 Drive Out AIDS Raffle, 1833 W. 8th St. #200, Los Angeles, CA 90057-4920 within one week of the drawing.
In order to collect his or her prize, a ticket winner may be required to sign and deliver to BAI/CPK: (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 and/or laws, including without limitation his or her Social Security Number; (c) proof of identity in forms satisfactory to BAI/CPK showing that the person claiming the prize is the same person who is named on the winning raffle ticket; and (d) the winning ticket stub. Certain prize winners may be required to submit a W-2G, Form 5754 or similar tax form (provided by BAI/CPK) for tax withholding purposes.
Anyone 18 years of age or older and a U.S. resident physically residing in the United States and Washington, D.C. may enter. BAI and CPK employees, members of the Board of Directors, authorized agents and employees thereof, consultants, attorneys, independent accountant firm, and their spouses and children living in the same household are excluded from participating and are not eligible to win a prize. All federal, state, and local laws and regulations apply. The raffle is void where prohibited or restricted by law. An affidavit of eligibility may be required from prize winners.
THE GRAND PRIZE IS A 2017 KIA OPTIMA REFERRED TO IN ALL RAFFLE MATERIALS. THERE IS NO CASH ALTERNATIVE TO THE GRAND PRIZE. HOWEVER, IF THE CAR IS NOT AVAILABLE DUE TO CIRCUMSTANCES OUTSIDE OF THE CONTROL OF BAI/CPK, AS DETERMINED BY BAI/CPK, A COMPARABLE VEHICLE, AS DETERMINED BY BAI/CPK, MAY BE SUBSTITUTED.
Grand Prize Drawing:
Grand Prize: 2017 Kia Optima, base model factory equipped.
General Terms and Conditions
The Car will be transferred to the Grand Prize winner “AS IS, WHERE IS, AND WITH ALL FAULTS.” BAI/CPK DOES NOT PROVIDE ANY GUARANTEE OR WARRANTY, EXPRESSED OR IMPLIED, IN CONNECTION WITH THE CAR AND ACCEPTS NO LIABILITY OR RESPONSIBILITY REGARDING THE CONDITION OF THE CAR. BAI/CPK DOES NOT WARRANT THAT THE CAR IS OF MERCANTILE QUALITY OR THAT IT CAN BE USED FOR ANY PARTICULAR PURPOSE. NO EXPRESS WARRANTIES ARE GIVEN AND NO AFFIRMATION OF BAI/CPK BY WORDS AND/OR ACTIONS WILL CONSTITUTE A WARRANTY.
ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE CONTRACT, OR THE BREACH THEREOF, 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.
While every effort has been made to carry out the raffle as planned, the raffle as described is subject to modification and change by BAI/CPK.
© 2016, 2017 Black AIDS Institute. All Rights Reserved.