CTC's Win-Win House Raffle - Official Rules and Regulations

California Technological Care, Inc. (CTC), is a tax-exempt organization under Section 501(c)(3) of the Internal Revenue Code.  We are conducting the CTC Win-Win House Raffle pursuant to California Penal Code Section 320.5, et seq, to raise funds for ongoing charitable purposes.  Accordingly, the following CTC Win-Win House Raffle rules and regulations are presented hereinbelow.  Parties who purchase a raffle ticket agree to be legally bound by California law to these rules and regulations.  California Technological Care’s application of these rules shall be final.

The drawing for the California Technological Care Win-Win House Raffle will be held on Saturday September 13th, 2008.  No tickets will be sold after September 2, 2008.  It is very possible that tickets may sell out prior to September 2, 2008.  California Technological Care, Inc., will select an independent raffle auditor to supervise the drawing.  The drawing for the Prize is open to the public, but the winner does not have to be present to win.

Only 20,000 tickets will be sold.  Each ticket buyer’s chance of winning is based on 20,000 tickets being sold.  If fewer tickets are sold, chances of winning the home will improve.  The CTC Win-Win House Raffle organizers understands that the IRS considers 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.  To be certain, talk with your C.P.A., or tax attorney for a professional opinion about this issue as each individual tax situation is different.  Be advised, that the CTC Win-Win House Raffle in no wise is offering tax advice.

The winner of the CTC Win-Win House Raffle 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 satisfied when the House is transferred to the winner.  The CTC Win-Win House Raffle takes no responsibility whatsoever for any tax liabilities incurred by the Raffle winner.  Again, consult your tax advisor if you are fortunate and win.  This offer is completely void in its entirety 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 California Technological Care, Inc., for publicity purposes and the Prize winner to be published in area newspapers and announced on the CTC Win-Win Raffle Website.  Other rules and regulations may apply.  Please contact the CTC Win-Win House Raffle or California Technological Care, Inc., if you have any questions whatsoever. 

By participating and entering this raffle, each participant releases the CTC Win-Win House Raffle as well as California Technological Care, Inc., it's 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 the prize, and the winner agrees to indemnify and hold California Technological Care, Inc., 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 the prize. 

Each participant hereby waives the provisions of California Civil Code Section 1542, which states: "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 $120.00 each.  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 the 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.

The CTC Win-Win House Raffle and/or California Technological Care, Inc., 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 the CTC Win-Win House Raffle or California Technological Care, Inc.  Prior to the drawing for the house, the CTC Win-Win House Raffle and California Technological Care., Inc., 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.  The CTC Win-Win House Raffle nor California Technological Care, Inc., assumes no responsibility at all 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 the CTC Win-Win House Raffle or California Technological Care, Inc.’s breach of these rules shall be limited to the return of the purchase price for his or her raffle ticket(s).  In no event shall the CTC Win-Win House Raffle or California Technological Care, Inc., 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 and given he or she does not violate any of the Statutes of Fraud at the time of ticket purchase.

To purchase tickets: please use the order form provided and available on the www.winwinhouseraffle.com website or available via distribution through the many locations throughout the Silicon Valley who have chosen to help promote and support the CTC Win-Win House Raffle.  Fill out and fax the order form to 831-36-1749 or you may mail it to California Technological Care, Inc., 90 Great Oaks Blvd. #203, San Jose, CA 95119 or call 1-877-346-5995 providing your name, address, phone number along with your credit card number, credit card security code and expiration date.  By California law, tickets cannot be purchased on the CTC Win-Win House Raffle website or by email.  Any entry form submitted by email must be rejected.  All entries must include payment by check, money order or credit card.  The CTC Win-Win House Raffle and California Technological Care, Inc., 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 20,000 tickets have been sold or after September 2, 2008, will be returned.  No other refunds will be available except in the exclusive discretion of the CTC Win-Win House Raffle or California Technological Care, Inc.  The CTC Win-Win House Raffle or California Technological Care, Inc., assumes no responsibility whatsoever 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 Winner:

The CTC Win-Win House Raffle drawing will be held on September 13, 2008, from all eligible raffle tickets.  The winner does not need not be present to win. The prize drawing will be held under the supervision of an independent raffle auditor.  Drawings are open to the public. Winners will be notified according to the contact information provided to the CTC Win-Win House Raffle and California Technological Care, Inc, at the time of ticket purchase. If the Prize winner cannot be located by 5:00 p.m., September 30, 2008, after attempting to make contact through the information provided at the time of purchasing the ticket, alternate winner will be selected for such Prize.  The name of the winner may be obtained from the CTC Win-Win House Raffle or California Technological Care, Inc., by sending a self-addressed, stamped envelope to California Technological Care, Inc., 90 Great Oaks Blvd. #203, San Jose, CA 95119 within two weeks of the drawing.

In order to collect his or her Prize, a ticket winner must sign and deliver to the CTC Win-Win House Raffle and California Technological Care, Inc., (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 or valid tax identification number; (c) proof of identity in forms satisfactory to California Technological Care, Inc., 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. The winner of the house may be required to submit a W-2G, Form 5754 or similar tax form (provided by the CTC Win-Win House Raffle and California Technological Care, Inc.) for tax-withholding purposes.

Winning Odds:

The odds of winning the Prize will depend on the number of tickets sold. If all 20,000 tickets are sold the odds of winning the Prize is 1 in 20,000.

Eligibility:

Any person 18 years of age or older may enter.  Employees and members of the Board of Directors of California Technological Care, employees of their agents, consultants, attorney, independent accountant firm, their spouses and children living in the same household are excluded from participating and are not eligible to win the 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 the Prize winner.

The Prize:

The Prize is the home valued at approximately Eight Hundred Thousand Dollars ($800,000.00 USD) which is located in San Jose, California, 95119, referred to in all raffle materials.  A minimum of 15,000 tickets must be sold by 5pm, September 2nd, 2008 for the Prize to be awarded.  If fewer than 15,000 tickets are sold by 5pm September 2nd, 2008, the raffle will be held as scheduled, and the Prize will be awarded as advertised with the exception that the Prize winner will receive a sum equal to 50% of the net raffle proceeds, not to exceed $1,000,000.  Net proceeds will be divided equally between California Technological Care, Inc., and the Prize Winner based on CTC Win-Win House Raffle and California Technological Care, Inc., accounting, which shall be final and conclusive with respect to the Prize winner. For these purposes net proceeds are defined as the balance of funds left after paying all raffle expenses as well as all expenses for the House.  At the option of the CTC Win-Win House Raffle and California Technological Care, Inc., the drawing date for the Prize may take place earlier in the event that all raffle tickets have been sold.

The Prize
$800,000 home located in San Jose, CA, the California Win-Win House Raffle Prize.

General Terms and Conditions:

The “Prize” House will be transferred to the Prize winner "As is, where is, and will all faults". the CTC Win-Win House Raffle or California Technological Care, Inc., 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.  The CTC Win-Win House Raffle nor California Technological Care, Inc., warrants that the house is of merchantable quality or that it can be used for any particular purpose.  No express warranties are given and absolutely no affirmation of the CTC Win-Win House Raffle or California Technological Care, Inc.’s 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, a value of $800,000 will be due from the Prize winner.  The CTC Win-Win House Raffle and California Technological Care, Inc., makes no guarantee that the Prize winner will be able to sell the House for the value of $800,000, 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. California Technological Care, Inc., takes no responsibility for any tax liabilities. Once again, 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, California Technological Care, Inc., has registered with the Department of Justice under Raffle Registration Number R-5261 and is fully authorized to conduct raffles in California pursuant to the provisions of Penal Code Section 320.5 for the raffle period which begins September 1st, 2007 and ends August 31, 2008.