These are the official rules (“Rules”) for the 2021 PABI BIC Center/WVBI Raffle (the ”Raffle”). The Raffle is being conducted by The Preservation Association of Beaver Island (“PABI”) pursuant to a license issued by the State of Michigan (R60701). By entering the Raffle, you (an “Entrant”) agree to be fully and unconditionally bound by these Rules, waive any right to claim ambiguity in the Raffle or these Rules and further agree to be bound by PABI’s decisions and interpretation of these Rules. Accordingly, you should read these rules carefully before purchasing a ticket to enter the Raffle.
1. ORGANIZATION CONDUCTING RAFFLE: The Raffle is being conducted by PABI, which is solely responsible for the Raffle, the administration of these Rules, and the awarding of the Raffle prize(s). The Raffle will be conducted in accordance with the State of Michigan Traxler-McCauley-Law-Bowman Bingo Act (MCL 432.101 to 152). Net proceeds from the Raffle will benefit PABI.
2. ELIGIBILITY: The Raffle is open to all U.S. Citizens and legal U.S. residents, physically present in the State of Michigan, who are at least 18 years of age at the time of entry. PABI Board Members, officers and employees are not eligible to win.
3. HOW TO ENTER: Tickets may be purchased for $50 each/three for $100, in person from an authorized employee or volunteer of PABI by completing the entry stub, and handing the completed official entry stub, along with a check, money order, or required credit card information, to one of PABI employees or volunteers present. Tickets may also be purchased online at https://store.biccenter.org/product/2020-raffle-tickets/. If you purchase your ticket(s) online you may pick them up in person at the BIC Center or pay postage to have them delivered to you. PABI will use the information you enter when completing the online purchase to complete the entry stub for you.
Tickets may be sold up until 7:45 p.m. local time on November 30, 2020. Subject to availability, Entrants may purchase as many tickets as they wish. Tickets are personal and will be issued only in the name of one (1) individual Entrant. The Prize (as defined below) will not be issued to anyone other than the one (1) Entrant whose name is on the Entry Form and is not transferable. All sales are final, and no refunds will be issued for tickets purchased for this Raffle except in the event that the prizes are unable to be awarded.
You have not entered the Raffle until your entry submission, with full payment, has been accepted by PABI. Acceptance of your entry submission will be communicated to you by delivery of a ticket stub. If a submission is accepted, then it will be deemed to have been accepted on the date and time on which the submission was received.
No more than 1,500 tickets will be sold. PABI may cancel the Raffle and refund all tickets if not enough tickets are sold to cover the cost of the Prize.
4. ODDS OF WINNING: The odds of winning the Prize are dependent upon the number of entries and the number of times you enter.
5. METHOD FOR AWARDING PRIZES: PABI will conduct a drawing for prize(s) at 8:00 p.m. local time on November 30, 2020, at the Shamrock Bar & Restaurant. The drawing will be conducted by PABI or an uninterested third-party determined by PABI in its sole discretion. The winning ticket will be randomly selected from the accepted entries. You need not be present at the drawing to win. PABI may change the drawing location if it determines it is necessary or prudent to do so.
PRIZE: The Prize to be awarded is as follows:
2021 Tracker Pro Guide™ V-16 WT fishing and sport boat (including trailer and cover)
Prize cannot be substituted by the winner. PABI reserves the right to substitute a prize of equal or greater value (including cash), at its discretion.
5. NOTIFICATION: Entrant whose ticket is drawn (“Winner”) at the drawing will be notified verbally at the Event. If Entrant is not present, notification will be made as soon as practical by phone, email and/or by sending written notification through the U.S. Mail using the information provided on the Entry Form.
The winner may elect to have the Prize delivered either at the Beaver Island Community Center on Beaver Island or at the Beaver Island Boat Company dock in Charlevoix Michigan. This election must be made within 24 hours after notice of winning is provided. Delivery in Charlevoix is subject to the availability of ferry transport service. If delivery cannot be completed by December 15 for any reason, Winner will be responsible for storage fees until delivery is completed. Winner assumes all risk of loss of the Prize on the earlier of the date it is delivered or December 15, 2020, at 11:59 p.m.
If the Winner cannot be located; or fails to respond to attempts at contact or to claim the prize within ten (10) days of the drawing; or fails to provide all information requested to be eligible to win, including proof of age, proof of identity, and demonstrable proof that the person claiming the prize is the same Entrant named on the winning ticket and the winning ticket stub; or fails to remit any and all taxes due, Winner may be deemed to have forfeited the Prize, and PABI may elect to draw another ticket to select a new Winner. No further tickets will be sold prior to any additional drawing.
6. GENERAL CONDITIONS
(a) The Winner must execute and provide to PABI all in forms acceptable to PABI in its sole discretion: (1) an Affidavit of Eligibility, attesting to the Winner’s eligibility and compliance with the Rules; (2) a Liability Release, releasing the Sponsors (as defined below) from any liability arising out of the Raffle; and (3) a Publicity Release, allowing PABI to use the Winner’s name, likeness, voice and biographical information for publicity purposes. The Winner also will be required to provide any other information needed by PABI to comply with applicable laws and regulations, including those relating to the payment of income taxes. By accepting a prize, the winner grants PABI permission for the use of his/her name, likeness and biographical information for advertising and promotional purposes without additional compensation, except where prohibited by law.
(b) PABI reserves the right, exercisable upon its sole discretion, to disqualify any individual found to have (1) violated these Rules; (2) interfered with the entry process or the operation of the Raffle; (3) altered or attempted to alter the random outcome of the Raffle; (4) violated any law or regulation by participating in the Raffle; or (5) fraudulently completed the entry form or provided other false information to PABI.
(c) IN NO EVENT WILL PABI, ITS BOARD, OFFICERS, AGENTS, VOLUNTEERS OR EMPLOYEES (COLLECTIVELY, “SPONSORS”) BE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, STATUTORY OR PUNITIVE DAMAGES. WITHOUT LIMITING THE FOREGOING, WITH RESPECT TO THE RAFFLE AND TO THE PRIZE, THE SPONSORS MAKE NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
(d) All taxes, fees, assessments, title and registration fees, insurance, and like charges, associated with the receipt or use of the prize, are the sole responsibility of the Winner.
WINNERS WILL BE RESPONSIBLE, AT THE TIME THE PRIZE IS CLAIMED, FOR PAYMENT TO TAX AUTHORITIES OF THE FULL AMOUNT OF ANY FEDERAL INCOME TAX WITHHOLDING CALCULATED WITH RESPECT TO THE FAIR MARKET VALUE OF THE PRIZE, IF APPLICABLE. THE FAILURE TO PAY THE WITHHOLDING AMOUNT AND PROVIDE A VALID TAXPAYER IDENTIFICATION NUMBER WILL RESULT IN A FORFEITURE OF THE PRIZE WITHOUT FURTHER RECOURSE IN LAW OR EQUITY. ADDITIONALLY, THE VALUE OF THE PRIZE MAY BE REPORTED TO THE INTERNAL REVENUE SERVICE, IN WHICH CASE THE WINNER WILL RECEIVE AN INFORMATION STATEMENT FROM PABI FOR PURPOSES OF FEDERAL INCOME TAX REPORTING. FOR ADDITIONAL INFORMATION REGARDING THE TAX CONSEQUENCES OF THE RECEIPT OF THIS PRIZE, PLEASE CONTACT YOUR TAX ADVISOR. PRIZE MUST BE PICKED UP NO LATER THAN DECEMBER 15, 2020.
(e) The value of the prize is based upon good faith estimates by PABI as of the date the Raffle was commenced. The Sponsors assume no responsibility for changes in market conditions that may affect the value of a prize. There is no guaranty that a Winner will be able to sell any prize for the estimated value, or that the IRS, or its counterpart in any state’s jurisdiction, will accept the value of the prize for purposes of determining any tax that many be due by the Winner.
(f) ENTRANTS HEREBY FULLY RELEASE THE SPONSORS FROM ALL LIABILITY CAUSED BY OR RESULTING FROM THE USE OR POSSESSION OF ANY PRIZE AWARDED OR CAUSED BY OR RESULTING FROM PARTICIPATION IN THE RAFFLE OR ANY RELATED PROMOTION.
(g) PABI assumes no responsibility for lost, late, mis-directed or undelivered entry submissions, or any error, delay, or interference with entry.
7. EXTENSION OF RAFFLE: At PABI’s sole discretion and option, the dates for the drawing may be extended by no more than thirty days.
8. DISPUTE RESOLUTION: Venue of any action brought concerning the Raffle shall be in Charlevoix County, Michigan, and shall not be subject to transfer to another venue or locale for any reason unless required by applicable law. By entering the Raffle, you agree that you will not commence or participate in any class action litigation or join with any other person in a legal proceeding, concerning the Raffle. The Raffle, these Rules, the entire relationship between you and PABI, and any legal proceeding arising therefrom (whether based on contract, tort, law or equity), shall be governed by, construed in accordance with, and enforced pursuant to, the laws of the State of Michigan, without regard to its conflict of laws principles.
9. AMENDMENT OF RULES: If, for any reason, the administration, security, fairness, or integrity of the Raffle has been compromised, PABI reserves the right, exercisable at its sole discretion, to cancel, terminate, modify or suspend the Raffle. The Rules may be amended by PABI at its sole discretion.
Issued: June 1, 2021.