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Rules

Museum of Contemporary Art Santa Barbara Dream Home Raffle Official Rules and Regulations

Museum of Contemporary Art Santa Barbara (MCASB), a tax exempt organization under Section 501(c)(3) of the Internal Revenue Code, is conducting this raffle pursuant to California Penal Code Section 320.5, et seq, to raise funds for ongoing charitable purposes. The Rules and Regulations of the MCASB raffle are set forth below. By purchasing a raffle ticket the purchaser agrees to be bound by these rules and regulations. Museum of Contemporary Art Santa Barbara’s interpretation and application of the rules and regulations shall be final.

The Grand Prize Drawing for the Museum of Contemporary Art Santa Barbara Dream Home Raffle will be held on Friday, December 8, 2017. Tickets will not be sold after November 10, 2017. Tickets may sell out before that time. An independent raffle auditor will supervise the drawing. Prize winners do not need to be present to win.

Only 50,000 tickets will be sold. 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. 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.

If the House is chosen as the prize, the Grand Prize Winner assumes all fees, local, state and federal taxes (including but not limited to income taxes based on the value of the house), financing costs (including, but not limited to, closing costs, title insurance, and transfer tax and fees) which must be paid when the House is transferred to the winner. Likewise, there are federal taxes and there may be state and/or local tax consequences if the winner selects the alternate cash prize. (See Prizes section below) These consequences may apply to other prizes as well. MCASB 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 AND (2) THAT THEIR NAMES AND/OR LIKENESSES MAY BE DISCLOSED TO AND USED BY THE NEWS MEDIA AND MAY OTHERWISE BE USED BY MCASB FOR PUBLICITY PURPOSES AND IN LISTS OF PRIZE WINNERS TO BE PUBLISHED IN AREA NEWSPAPERS AND ANNOUNCED ON THE MCASB RAFFLE WEBSITE. OTHER RULES AND REGULATIONS MAY APPLY. PLEASE CONTACT MCASB IF YOU HAVE QUESTIONS. MCASB’S INTERPRETATION AND APPLICATION OF THE RULES AND REGULATIONS SHALL BE FINAL.

BY ENTERING THIS RAFFLE, EACH PARTICIPANT RELEASES MCASB, ITS 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 MCASB 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”.

Tickets:

Tickets are $150 each, 3-packs for $400, or 5-packs for $550. Only one method of payment, one name, and one mailing address are permitted per ticket pack. Only one eligible person may be entered in the raffle per ticket sold. If the name of more than one person is submitted with a ticket purchase, and that ticket is selected as a winning ticket, then the person named first will be deemed the holder of record of that ticket and declared the winner. Division of prize by a group purchasing a ticket in common shall be to the sole responsibility of the person named as the holder of record of that ticket, should that ticket be selected as a winner.

Early ticket purchases will be included in up to three drawings. Tickets purchased by September 29, 2017, will be eligible for the Early Bird Drawing 1 (drawing date on or about October 12, 2017). Tickets purchased by October 27, 2017, will be eligible for the Early Bird Drawing 2 (drawing date on or about November 9, 2017). All such tickets, including all winning tickets from Early Bird Drawings, will be included in applicable subsequent drawings as well as the Grand Prize Drawing.

MCASB reserves the right to reject any entry form that is submitted with payment that does not constitute “good funds.” All defective or physically altered entry forms will be immediately disqualified by MCASB. Prior to the Grand Prize Drawing, MCASB 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 that the entry has been rejected by attempting to make contact through the information provided at the time of submitting the purchase request. All orders for tickets for the Early Bird Drawings must be received and/or purchased by the indicated deadline. Any orders received after these deadlines will be held for the subsequent drawings, if applicable and Grand Prize Drawing. MCASB assumes no responsibility for lost, late, misdirected or non-delivered mail or fax 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 MCASB'S BREACH SHALL BE LIMITED TO THE RETURN OF THE PURCHASE PRICE PAID FOR HIS OR HER RAFFLE TICKET(S). IN NO EVENT SHALL MCASB, 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.

How to Purchase:

An individual can purchase as many tickets as he or she may wish, subject to availability.

To purchase tickets: use the order form provided and fax the order form to (805-303-2065) or you may mail it to MCASB Dream Home Raffle, PO Box 61809, Santa Barbara, CA 93160-1809 or call 1-888-402-9222 providing your name, address, phone number along with your credit card number, credit card security code and expiration date. Tickets cannot be purchased on the raffle website or by email. Any entry form submitted by email will be rejected. All entries must include payment by check, money order or credit card. MCASB reserves the right to reject any entry form that is submitted with payment that does not constitute "good funds." No refunds will be made except under the following circumstances: any ticket order with payment received after 50,000 tickets have been sold or after November 10, 2017, will be returned. No other refunds are available except in the exclusive discretion of MCASB. MCASB assumes no responsibility for lost, late, misdirected or non-delivered mail or fax messages, or any other failure to receive orders or deliver receipts prior to the drawing deadlines.

Selection of Winners:

The Museum of Contemporary Art Santa Barbara Dream Home Raffle Grand Prize Drawing will be held on December 8, 2017 from all eligible raffle tickets. Winners need not be present to win. MCASB will conduct the Early Bird drawings on October 12, 2017 (Early Bird Drawing 1) and November 9, 2017 (Early Bird Drawing 2). The Bonus Multi-Ticket Drawing and Add-On Drawing (See Bonus Drawings) will be held on December 8, 2017. The Early Bird Drawings, Bonus Multi-Ticket Drawing, Add-On Drawing and Grand Prize Drawing will be held under the supervision of an independent raffle auditor. Winners will be notified according to the contact information provided to MCASB at the time of ticket purchase. If the grand prize winner cannot be located by 5:00 p.m., December 15, 2017, after attempting to make contact through the information provided at the time of purchasing the ticket, such winner will be deemed to have elected the onetime cash alternate prize and another winner will not be selected for such prize. In addition to the list of winners posted on the MCASB raffle web site, a list of winners may be obtained from MCASB or by sending a self-address, stamped envelope to MCASB Dream Home Raffle, 653 Paseo Nuevo, Santa Barbara, CA 93101 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 MCASB: (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 real estate laws, including without limitation his or her Social Security Number; (c) proof of identity in forms satisfactory to MCASB 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 MCASB) for tax withholding purposes.

Winning Odds:

2500 total prizes will be awarded. Approximately 1 in 20 chances to win a prize. The odds of winning a prize will depend on the number of tickets sold. If all 50,000 tickets are sold the odds of winning the Grand Prize is 1 in 50,000. If fewer tickets are sold, the chance of winning the Grand Prize, Early Bird Prizes and all secondary prizes improves.

Eligibility:

Anyone 18 years of age or older and a U.S. resident physically residing in the United States and DC may enter. MCASB 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.

Prizes:

The Grand Prize is the home located in Santa Barbara, CA, and referred to in all raffle materials. Alternatively, the Grand Prize winner may elect to receive an annuity of $3,000,000 paid over 20 years or a onetime $2,100,000 cash payment (except as stated below). The Grand Prize Winner must make an election in writing between the house, the annuity, or the onetime cash payment no later than 5:00 p.m. December 15, 2017. If the home is not available due to circumstances outside of the control of MCASB, as determined by MCASB, the Grand Prize Winner will instead have no election as stated above and will instead have an election between an annuity of $3,000,000 paid over 20 years or a onetime $2,100,000 cash payment (except as stated below). A minimum of 49,000 tickets must be sold by October 21, 2017 for the Grand Prize Winner to have a choice of the House, the annuity of $3,000,000 paid over 20 years, or a onetime $2,100,000 cash payment alternate prize. If fewer than 49,000 tickets are sold by Friday November 10, 2017, the raffle will be held as scheduled, and prizes will be awarded as advertised with the exception that the Grand Prize Winner will receive a choice between sum equal to 50% of the Net Raffle Proceeds paid as an annuity over 20 years, not to exceed $3,000,000 or a onetime cash payment of 70% of the annuity value, not to exceed $2,100,000. Net Raffle Proceeds will be calculated based on MCASB accounting, which shall be final and conclusive with respect to the Grand Prize Winner. For these purposes “Net Raffle Proceeds” are defined as the balance of funds left after paying all other prizes, all raffle expenses and all expenses for the House. At the option of MCASB, the drawing date for the grand prize may take place earlier if all raffle tickets have been sold.

All vehicles come base model factory equipped and winner(s) are also solely responsible for any and all state or local license, title, registration, cost differential between the value of the car and the cash alternate prize, 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. All winners of vehicles must make an election in writing between the vehicle and the alternative cash payment no later than 5:00 p.m. on the fifth business day after the drawing. All vehicles are subject to availability at the automobile dealer selected by MCASB and may be substituted with a comparable vehicle by MCASB or with the cash alternate prize.

Vacation travel prizes are as described on the raffle website. Travel is roundtrip from any continental US domestic airport where noted. Travel is transferrable. Travel must be used within one year of the MCASB purchase date. All gratuities, taxes and fees are the responsibility of the winner and each vacation prize has a maximum value of no more than five thousand dollars in total. Winners of travel related prizes must comply with all applicable requirements and restrictions related to said prizes including without limitation applicable travel dates, age restrictions, liability waivers, travel documentation and reservation and confirmation procedures. All vacations are subject to availability and may be substituted with a comparable vacation prize.

If any winner cannot be located after reasonable attempts to do so by MCASB, or if any winner is deemed to be ineligible or does not otherwise claim his or her prize by 5:00 pm on the day that is 45 calendar days following the Grand Prize Drawing, such winner will be deemed to have forfeited his or her prize.

Early Bird Drawings:

Grand Prize Drawing:

Bonus Drawings:

General Terms and Conditions:

The House, if selected, will be transferred to the Grand Prize Winner “AS IS, WHERE IS, AND WITH ALL FAULTS”. MCASB DOES NOT PROVIDE ANY GUARANTEE OR WARRANTY, EXPRESSED OR IMPLIED, IN CONNECTION WITH THE HOUSE AND ACCEPTS NO LIABILITY OR RESPONSIBILITY REGARDING THE CONSTRUCTION OR CONDITION OF THE HOUSE. MCASB DOES NOT WARRANT THAT THE HOUSE IS OF MERCANTILE QUALITY OR THAT IT CAN BE USED FOR ANY PARTICULAR PURPOSE. NO EXPRESS WARRANTIES ARE GIVEN AND NO AFFIRMATION OF MCASB BY WORDS AND/OR ACTIONS WILL CONSTITUTE A WARRANTY.

At the time of closing, all federal and state income taxes based on the value of the House will be due from the Grand Prize Winner. If the Grand Prize Winner selects the annuity or the onetime cash payment instead of the House as well as winners of Early Bird Prizes, Multi-Ticket Prizes, Add-On Prize and Secondary Prizes over $5,000, all appropriate and required federal and state taxes will be withheld by MCASB in accordance with federal and state law and MCASB will remit the balance of the cash prizes to the winners. MCASB makes no guarantee that the Grand Prize Winner will be able to sell the House for a particular value, nor is there any guarantee that the Internal Revenue Service (IRS) will accept that value of the house for the purpose of determining any income tax that may be due from the winner. MCASB takes no responsibility for any tax liabilities. Consult your tax advisor.

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.

Registration with the State of California: By letter from the Attorney General’s office, Museum of Contemporary Art Santa Barbara has registered with the Department of Justice under Raffle Registration Number 2251. The official registration and financial information regarding Museum of Contemporary Art Santa Barbara can be obtained from the Attorney General's website [at www.ag.ca.gov/charities]. Registration does not imply endorsement.

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