ENERGY & ENVIRONMENTAL BUILDING ALLIANCE
2020 Membership Raffle Official Rules
Energy & Environmental Building Alliance, Inc. ("EEBA"), a Minnesota nonprofit corporation and tax-exempt organization under Section 501(c)(3) of the Internal Revenue Code, is conducting the Membership Drive Raffle (the "Raffle") to raise funds for its ongoing charitable activities and purposes. The rules (the "Rules") of the Raffle, set forth below, govern the Raffle, award of prizes, and participation in the Raffle. These Rules bind every person (a "Ticket Holder") who buys or holds a Raffle ticket. By purchasing or holding a ticket, each Ticket Holder agrees (a) to be bound by these Rules and (b) that EEBA’s interpretation and application of these Rules is conclusive and final.
The Membership Prize Drawing for the Raffle will take place on October 1, 2020 (the "Prize Drawing Date"). The final ticket purchase deadline for entry is September 22, 2020 (the "Final Ticket Purchase Deadline"). Only 75,000 tickets will be sold.
Raffle Ticket Information
- Raffle Ticket: Included with EEBA Membership. 1 ticket for $595 from April 20th until April 30th, $695 during May, $795 during June and July and $895 during August until September 22nd, 2020
- Only one Eligible Ticket Purchaser (as defined below in the "Eligibility" section of these Rules) may purchase a ticket. This means, (a) one name per ticket and (b) one purchaser per ticket. An Eligible Ticket Purchaser may designate another person a Ticket Holder. If a ticket names more than one person as a Ticket Holder and that ticket is a winning ticket, then EEBA will (a) deem the person named first on the ticket as the Ticket Holder, (b) declare the first person named on the ticket as the winner, and (c) award the prize to the first person named on the ticket. In such case, the division of the prize shall be the sole responsibility of the first person named on the ticket. Once EEBA awards the prize to the first person named on a ticket, EEBA will have no further duties or obligations with respect to the division of the prize and all persons named on a ticket as Ticket Holders release EEBA from all claims relating to the award of the prize or its division among other persons on a ticket named as Ticket Holders.
- The IRS has taken the position that amounts paid for chances in raffles, lotteries or similar drawings for valuable prizes are not gifts and therefore do not qualify as deductible charitable contributions.
Purchaser and Ticket Holder Eligibility: To be eligible to purchase a ticket, a ticket purchaser (an "Eligible Ticket Purchaser") must (a) be at least 18 years old at the time of purchase, (b) be a U.S. resident physically residing in the United States or District of Columbia, and (c) not be precluded by Applicable Law (as that term is defined in the "Registration with the State of Minnesota and Applicable Law" section of these Rules") from holding or purchasing a ticket or participating in a raffle.
If a ticket is purchased by an Eligible Ticket Purchaser who designates another person as the Ticket Holder, then that person must (a) be at least 18 years old at the time of purchase, (b) be a U.S. resident physically residing in the United States or District of Columbia, and (c) not be precluded by Applicable Law (as that term is defined in the "Registration with the State of Minnesota and Applicable Law" section of these Rules") from holding or purchasing a ticket or participating in a raffle.
A person cannot be an Eligible Ticket Purchaser or a Ticket Holder if such person or holder is a person (a) with whom U.S. persons or entities are restricted from doing business under regulations of the Office of Foreign Asset Control of the Department of the Treasury (including those named on OFAC’s Specially Designated and Blocked Persons List") or under any statute or executive order or (b) who is acting, directly or indirectly, for or on behalf of any such person.
EEBA employees, Sponsors and Partners and members of their household are not eligible to win a prize. EEBA Board Members may not purchase a ticket and are not eligible to win a prize.
EEBA reserves the right to require reasonable evidence of the eligibility of an Eligible Ticket Purchaser or Ticket Holder at any time and to void any ticket sold to a person who does not meet the eligibility requirements or who is precluded by applicable law from holding a ticket or participating in a raffle.
How to Purchase Tickets
Eligible Ticket Purchasers will receive a Raffle tickets online with the purchase of their EEBA Membership at https://www.eeba.org/membership/application. At the time of purchase, Eligible Ticket Purchasers must provide their name, address, phone number, credit card number, credit card security code and expiration date, and such other information as EEBA may require. Eligible Ticket Purchasers may not purchase tickets by email or voice mail. All entries must include payment by check, money order, or credit card.
Tickets will be distributed and ticket numbers will be assigned in the order that payment is received. All payments will be deposited upon receipt. EEBA reserves the right to reject any entry form that it deems defective, illegible, ineligible, or submitted without "good funds."
In accordance with Applicable Law, EEBA will not mail Raffle tickets to Ticket Holders. EEBA will mail or email unofficial raffle tickets as receipts for EEBA Membership to the Ticket Purchaser within two to four days of purchase. Hard copies of official tickets are available upon request. To win a prize, Ticket Holders do not need (a) to possess a hard copy of a Raffle ticket or a receipt in order to win and (b) do not need to be present at a drawing.
All Raffle ticket sales are final. EEBA will make no refunds. No other refunds are available except at the discretion of EEBA.
Odds of Winning
The odds of winning one or more prizes will depend on the number of tickets sold. If EEBA sells all 75,000 tickets, the odds of winning the Membership Prize are 1 in 75,000. The overall odds of winning one of the 2 prizes is 1 in 37,500. The chance of winning the Membership Prize, and secondary prizes will vary based upon the number of tickets sold, and if EEBA sells less than 75,000 tickets or adds additional drawings or prizes, the chance of winning a prize will increase.
Prize & Drawing Information
- Membership Prize Drawing:
- Purchase Deadline: September 22, 2020
- Drawing Date & Time: October 1, 2020, 9:00 a.m.
- Drawing Location: Energy & Environmental Building Alliance Main Office, Minneapolis, MN
- Membership Prize: Goodman Daikin HVAC system
Net Raffle Proceeds: As used herein, the term "Net Raffle Proceeds" means (a) the gross proceeds received by EEBA received from the sale of tickets in the Raffle less (b) payment of all other prizes (whether or not claimed or awarded in the Raffle) and all Raffle-related expenses as determined by EEBA. The determination by EEBA will be binding in all events other than a manifest error made by EEBA in the computation of the revenues and expenses of the Raffle.
- ADDITIONAL MEMBERSHIP PRIZE DRAWING PRIZES:
- 2nd Prize: Aprilaire Air Cleaner
For all drawings, EEBA will draw at random and determine winning tickets
At the discretion of EEBA and subject to approval of the Minnesota Secretary of State, EEBA may extend or modify ticket purchase deadlines and drawing dates, times, and locations. A list of Raffle winners will be posted on www.eeba.org.
Membership Prize Drawing: At the Membership Prize Drawing, Raffle tickets for all prizes except the Membership Prize will be drawn first, in reverse order, beginning with the lowest valued prize and ending with 2nd prize. Those winning tickets will then be re-entered with all other Raffle tickets in the Membership Prize Drawing. The drawing event will then conclude with the drawing of the Membership 1st Prize.
At the discretion of EEBA and subject to approval of the Minnesota Secretary of State, EEBA may extend or modify ticket purchase deadlines (the Final Ticket Purchase Deadline) and drawing dates, times, and locations. Any changes to the drawings will be posted on www.eeba.org and purchasers will be notified by email. A list of Raffle winners will be posted on the Raffle website (www.eeba.org).
Rules Applicable to All Ticket Buyers and All Prizewinners
EEBA will make reasonable efforts to contact prizewinners using information provided on the winning entry form. If a prizewinner does not contact EEBA within 30 business days after the first initial contact notifying the prizewinner of their winnings, then EEBA shall give notice to such prizewinner by U.S. Postal Service certified mail, return receipt requested, at the address set forth in the information provided by the Eligible Ticket Purchaser. This notice shall state (a) the prize won, (b) a telephone number of a contact person at EEBA, (c) the time and location where the prize(s) can be claimed, and (d) that if the prize has not been claimed within 30 days of the date the notification is given, that EEBA may, at its option, retain the prize.
EEBA will not award a prize if the prizewinner (a) was ineligible to purchase a ticket or otherwise enter the Raffle, (b) provided materially false or misleading information to EEBA in connection with the purchase of a raffle ticket, or (c) if participating in this Raffle or receiving a prize is prohibited with respect to such person pursuant to these Rules or Applicable Law. No other Raffle ticket will be substituted for a Raffle ticket, and EEBA will retain the prize. A Ticket Holder cannot assign or transfer his/her interest in a Raffle ticket or a prize won by a winning Raffle ticket.
As a condition to being eligible to receive a prize, each prizewinner must sign and deliver to EEBA: (a) a sworn affidavit of eligibility under these Rules and Applicable Law and satisfactory proof that he/she is the person named on the winning entry; (b) a correct taxpayer identification number (e.g., social security number, individual taxpayer identification number, or employer identification number), (c) satisfactory proof that the purchaser of the ticket was an Eligible Ticket Purchaser at the time the ticket was purchased; (d) a publicity release, and (e) such other matters as EEBA may reasonably request, such as proof of identification and proof of address to determine authenticity of individual claiming a prize. If the holder of a winning ticket does not provide a correct taxpayer identification number or otherwise comply with Applicable Law or these Rules, then EEBA may, at its option, disallow the award of the prize to such Ticket Holder and retain the prize.
Winners of a Raffle prize authorize EEBA to withhold all required amounts and report the award of Raffle prizes in accordance with Applicable Law.
With respect to non-cash prizes, Applicable Law requires that the winner of a non-cash prize pay 25% of the fair market value of the prize to EEBA, which will remit such payment to the IRS. This amount may vary depending upon Applicable Law. If the winner does not pay to EEBA the amounts necessary to comply with Applicable Law, then, at its option, EEBA may award the Cash Alternative Prize to the Prizewinner, assuming all other conditions for award of a Prize have been met. Subject to the foregoing, Prizewinners may pick up their prizes or arrange for delivery of their prizes, except EEBA will deliver prizes to prizewinners by U.S. mail, freight carrier, or other mutually acceptable means.
Each Ticket Holder agrees their name, likeness, voice and city of residence may be recorded by audio, video, or digital means and may be used in any print, audio or visual media without notice or compensation for any purpose including related to this or any other EEBA Raffle or promotional materials.
Each Ticket Holder and each ticket buyer (a) agrees EEBA, its directors, officers, employees, agents, representatives and the Homeowner are not responsible for any injuries, losses, or damages of any kind arising in connection with, or as a result of, this Raffle and/or that person’s failure to win or redeem any prize, or that person’s award of, acceptance of, or use of, any prize; and (b) releases and agrees to indemnify, defend, protect, and hold harmless EEBA and the Homeowner and their officers, directors, shareholders, employees, agents, advertising agency, contractors, insurers, attorneys, accountants, and affiliated entities from and against all losses, damages, rights, claims, and actions of any kind arising in connection with, or as a result of, this Raffle and/or that person’s failure to win or redeem any prize, or that person’s award of, acceptance of, or use of any prize, or that person’s failure to comply with Applicable Law; and (c) represents and warrants to EEBA that they have read and understand these Rules and agree to be bound by these Rules and EEBA’s decisions, which are final.
The Minnesota Secretary of State is the regulatory authority with jurisdiction over charitable gaming. If and to the extent the Secretary of State expressly deems a specific dispute between EEBA and person purchasing or holding a ticket outside of the Secretary’s authority, the EEBA and that person agree that if there is a dispute of any kind regarding the award of a prize or the conduct of the Raffle, EEBA and all persons purchasing or holding a ticket agree to arbitrate such dispute. Such dispute shall be decided by binding arbitration in accordance with the rules of the American Arbitration Association then in effect and shall be governed by the United States Arbitration Act (9 U.S.C. §§ 1-16). While such arbitration is pending, EEBA, in its sole and absolute discretion, may deposit the prize with the then Clerk, or acting Clerk, of the District Court of the City and County of Minneapolis, State of Minnesota, interplead the parties hereto, and upon so depositing such prize and filing its complaint in interpleader it shall be relieved of all liability under the terms hereof as to the property so deposited. By the purchase of a ticket, all persons purchasing or holding a ticket (a) do submit themselves to the jurisdiction of said court and appoint the then Clerk, or acting Clerk, of said court as their Agent for the service of all process in connection with such proceedings and consent to the arbitration of disputes between them.
Registration with the State of Minnesota and Applicable Law
This Raffle is being conducted in accordance with the applicable provisions of Minnesota’s Bingo and Raffles Law where a nonprofit may conduct a raffle without a permit if the organization is a 501(c)(3) organization, and the total value of ALL prizes donated and purchased for ONE event does not exceed $5,000 (see Minnesota Statutes, section 349.166, Subd. 1(c)).
The Raffle is subject to these Rules, the laws of the State of Minnesota, and Applicable Law. If there is a conflict between these Rules and the laws of the State of Minnesota, the laws of the State of Minnesota shall govern. EEBA reserves the right to modify the Rules and/or impose additional conditions, procedures, and requirements as may be necessary or required for the Raffle and the award of prizes hereunder to comply with the laws of the State of Minnesota and Applicable Law. This Raffle is void where prohibited by law. These rules are copyrighted proprietary materials and may not be copied, reproduced, or used in whole or part in any manner.
For information or inquiries about this Raffle, contact firstname.lastname@example.org.