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Celebrities For Charity Foundation, Inc. The following are the official rules ("Official Rules") of the Celebrities For Charity Foundation, Inc. ("CFC") raffle (the "Raffle") for which you are ordering tickets. OFFICIAL RULES A. General: 1. Entrant must be 18 years of age, or older, to order or purchase a ticket. 2. The employees and immediate family members, (Spouse, parents, children, siblings, and their respective spouses), or anyone living in the same household of any such employee, of CFC, its web designers, programmers, hosting company, and their respective subcontractors, the Entrant's Agent, or anyone deemed by CFC, in their sole discretion, to be in the position to create even a perception of having an undue influence on the results of the Raffle, whether or not any such undo influence actually exists, is not eligible to enter. 3. To enter, complete the online Order Form on the CFC website and submit it to CFC. This is the only way to enter this Raffle. 4. Agents, bulk sellers, professional fundraisers, dealers, or distributors of raffle tickets are not permitted to participate. 5. The Internal Revenue Service takes the position that no portion of the ticket price will qualify as a charitable contribution for income tax purposes. 6. All Order Forms and other material submitted by the Entrant become the sole property of CFC and will not be returned. 7. Entrant hereby acknowledges that he or she is aware that depositing the ticket; or any other material in connection with the raffle, in the federal mails is a violation of federal law and may lead to criminal penalties. 8. Entrant acknowledges that he or she has read the Official Rules of this Raffle and agrees that upon acceptance by CFC of the Entrant's order, that he or she will be contractually bound by the Official Rules of this Raffle. Furthermore, the Entrant also acknowledges and agrees that by selecting the "I Agree" box on the Order Form that he or she is affixing his or her electronic signature to the Order Form, which is equivalent to his or her "written signature", and that submission of the Order Form with the Entrant's electronic signature certifies to CFC that the Entrant has read the Official Rules of this Raffle and agrees to be bound by them. Moreover, in certain circumstances, the Commonwealth of Massachusetts requires that the Official Tickets of the Raffle be signed by the person purchasing the ticket and the person selling the Official Ticket. In such circumstances, the Entrant hereby acknowledges and agrees that, upon acceptance of the Entrant�s order and issuance of his or her tickets, that by having selecting the �I Agree� box on the Order Form, the electronic signature provided with the order is also the Entrant�s electronic signature to the Official Tickets. Furthermore, each Official Ticket Issued by CFC, as a part of the process of being issued by CFC, has attached to it the electronic signature of the President of CFC at the time of its issuance. 9. Entrant hereby authorizes and grants CFC an irrevocable durable limited power of attorney for the sole purpose of retaining the services of an attorney to act as the agent, the "Entrant's Agent" for the Entrant as an individual and the Entrants as a whole. Entrant further authorizes CFC to prepay the Entrant's Agent for his or her services on behalf of the Entrant. 10. Entrant hereby authorizes and grants the Entrant's Agent an irrevocable durable limited power of attorney for the sole purpose of receiving and holding the Entrant's Official Tickets, which the Entrant hereby acknowledges and agrees will be transferred and stored in electronic format. 11. Entrant hereby acknowledges and agrees that the Entrant's Agent will hold both the Entrant's tickets as well as all the tickets of all the Entrants' as a whole and agrees that this does not in any way create any conflict of interest with regard to the responsibilities the Entrant's Agent. 12. The Entrant hereby acknowledges and agrees that the Entrant's Agent's responsibilities are limited to the following: 1. receiving the Entrant's Official Tickets on behalf of the Entrant, 2. holding and safeguarding the Entrant's Official Tickets, in electronic format, on behalf of the Entrant, and all of the Entrants as a whole, and 3. Upon the request by CFC, printing a hard copy of the Official Winning Ticket for CFC. Furthermore, the Entrant hereby acknowledges and agrees that the Entrant's Agent is not responsible to produce a hard copy, or a copy in any other medium, of any Official Ticket prior to the Winner being drawn, or for any non-winning Official Tickets after the Winner has been drawn. 13. Entrant acknowledges and agrees that CFC will be reimbursed from the proceeds of the Raffle for CFC's prepayment, on behalf of the Entrant, of the Entrant's Agent's fees. 14. Entrant acknowledges and agrees to the following: 1. That by submitting his or her order that the Entrant is making an offer to purchase Raffle tickets from CFC. 2. That CFC's receipt of the Entrant's order does not constitute CFC's acceptance the Entrant's order. 3. That upon CFC's receipt of Entrants order, CFC will send the Entrant's credit card information, via a secure router, to the Entrant's credit card provider, or a third party that provides verification services for the credit card provider, and await confirmation and a credit authorization number. 4. Upon receipt of a credit authorization number, CFC will accept the Entrant's order, at which time the Entrant and CFC will be contractually bound by the Official Rules of this Raffle. 5. Once CFC accepts the Entrant's order, CFC will charge the Entrant's credit card account for the total amount of his purchase. 6. CFC will then issue raffle tickets in the name of the Entrant, or Gift Recipient, as the case may be, which will be forwarded to the Entrant's Agent, who is an attorney that has been prepaid by CFC, on behalf of the Entrant, and is fiducially bound to represent the interests of the Entrant. 7. CFC will issue the Entrant an electronic receipt for his or her purchase that will provide reference numbers, which are not the official ticket numbers but rather a unique number formulated for each unique raffle ticket number, for the raffle tickets that the Entrant has purchased. 15. Once the Entrant's order has been accepted by CFC, it cannot be cancelled by the Entrant. Furthermore, the Entrant's purchase is final; no refunds or exchanges will be made. 16. No orders will be accepted after the specified Entry Deadline unless such Entry Deadline has been extended pursuant to section B4a of these official rules. 17. The odds of winning depend on the total number of raffle tickets sold. 18. The Drawing for this Raffle will be conducted on the specified Drawing Date, which may be extended pursuant to section B4b of these Official Rules, by running a program that selects a random number from the pool of raffle tickets that were sold. 19. Entrant does not need to be present at the drawing to win, CFC will notify the Winner, who will be announced as the Winner contingent upon verification of Winner's eligibility and Winner's abidance with the official rules of the Raffle. Upon verification of Winner's eligibility and Winner's abidance with the official rules of the Raffle, CFC will award the prizes or the prize certificates necessary for the Winner to claim the prizes of this Raffle. 20. Return of any prize or other notification to the Winner as undeliverable will result in disqualification and an alternate Winner may be selected. 21. (Please note that you do not need to pick up the prize in person, in Andover, MA option 3 allows you to have the prize claimed and delivered to you at no additional charge to you) Entrant agrees that if selected as the Winner that he or she will either 1. claim Prize Items in person at Winner's expense, at CFC's offices in Andover, Massachusetts, or 2. provide satisfactory power of attorney to another person to claim the Prize Items, at Winner's expense, at CFC's offices in Andover, Massachusetts on behalf of the Winner, or 3. provide the Entrant's Agent with an irrevocable durable limited power of attorney to claim the Prize Items on behalf of the Winner, which will be done at no extra charge to the Winner and then have the prize delivered to you at no additional charge to the winner. 22. Entrant agrees that if he or she is selected the Winner, regardless of whether or not he or she has yet been qualified as the Winner, that CFC, the Prize Sponsors, and their agents are granted permission, without further notice, to use the Entrant's name and or likeness for purposes of advertising and trade without any further compensation to the Entrant. 23. Except for Gifting the tickets, as provided for in Section 37 of these Official Rules, the Winner may not give, sell, or otherwise transfer his or her prizes to anyone else without the express written consent of the Celebrities For Charity Foundation. 24. Before being awarded any prizes or prize certificates, the Winner and any traveling companions, as necessary, will be required to execute to the satisfaction of the Celebrities For Charity Foundation and any prize sponsors, the following documents. 1, a "Raffle Affidavit of Eligibility and Liability / Publicity Release", which, among other things, (A) releases CFC, and any Prize Sponsors, as well as any of their affiliates, related companies, successors, assigns, officers, directors, stockholders, and employees from any and all claims, liability and damages arising directly or indirectly out of the award of, participation in, or use of any Prizes; and, (B) authorizes CFC, the Prize Sponsors, and their agents to make reasonable use, in all media without reimbursement, of the Winner's name, likeness and biographical information. 2. a "Prize Acceptance Form"; In addition to these documents, Prize Sponsors may also require "Additional Waivers", which must be executed to the satisfaction of the Prize Sponsors 25. Winner and any traveling companions must complete all of the necessary documents, the necessity of which is at the sole discretion of CFC, the earlier of, in time to utilize any prizes that are scheduled events or within 15 days of attempted notification. Winner and traveling companions must also execute any and all additional documents required by CFC and or the Prize Sponsors within 15 days of notification.These documents may include, but are not limited to, any and all documents necessary to complete a CORI or other background check. Failure to comply with any of these requirements may result in disqualification and the selection of an alternate Winner if time permits. Furthermore, any tickets issued to the Winner and any Guests, for any purpose, shall be additionally restrict the Winner and his or her Guests by any terms and conditions any such tickets may be subject to as if any such tickets had been purchased rather than awarded as a Prize. 26. The Entrant acknowledges that he or she is aware that the IRS, and applicable state taxing authorities, treat prize winnings as ordinary income for tax purposes and that the Winner is responsible for payment of any and all taxes related to his or her winnings. While the Grand Prize Package may include a cash prize which is remitted to the IRS and relevant state tax authorities to mitigate the tax burden incurred by the Winner in conjunction with winning this Raffle, this may or may not be enough to defray the entire tax burden, which will vary depending on the Winner's personal circumstances. If, however, any additional payments for taxes are due, they are the sole responsibility of the Winner. 27. Once a certified Winner has received his Prize Certificates, CFC, at no extra charge, will coordinate the receipt of all items or performance of all services due, as represented by the Prize Certificates, to the Winner from the Prize Sponsors. 28. If the Winner is disqualified for any reason, and time permits, an alternate Winner will be drawn from the pool of tickets sold. This process will continue until a qualified Winner has been drawn and certified. However, notwithstanding the forgoing, if once a Winner is qualified, CFC in its sole determination, determines that there is not enough time for the Winner to participate in all or certain Raffle Prizes, CFC may in its sole discretion, replace all or a portion of the Raffle Prizes with the Fair Market Value of the Grand Prize as set forth in section B4e of these Official Rules of the Raffle. 29. If disqualified, for whatever reason, the Winner is not entitled to a refund of any kind. 30. CFC reserves the right to cancel or modify the Raffle if fraud, misconduct or technical failure destroy the integrity of the Raffle or if a computer virus, bug, or other technical problem, including the effects of hackers, corrupts the administration, security, data or proper administration of the Raffle as determined by CFC, in its soled discretion. Should CFC cancel the Raffle because of any of the forgoing reasons, CFC, in its sole discretion, may refund the Entrants their money for their raffle ticket purchases, or if CFC, in its sole discretion, determines such refunds to be impossible or too expensive to fulfill, CFC may then announce, such announcement being fulfilled by posting such announcement on its website, that all ticket purchases for this Raffle have been reclassified as donations to CFC, which will, in accordance to the agreement(s) between CFC and the charity(s), be donated to the charity(s) named as a beneficiary of the Raffle. If CFC declares that any such raffle ticket purchases are now donations, they will then become tax deductible, as charitable contributions, to the fullest extent of the law. 31. The Winner, and his or her traveling companions, must depart and return on the dates specified by CFC or, if applicable, the Prize Sponsors. Date and Time of departure and return are subject to change. 32. Winner and his or her traveling companions must possess all required travel documents (e.g. valid photo ID, passport, visa, etc.) prior to departure. 33. CFC reserves the right to substitute prizes for other prizes of equal or greater value, the relative value of such prizes being the sole discretion of CFC. 34. Entrant acknowledges that the Grand Prize Package contains certain prizes that cannot be duplicated or replaced, and agrees that should, for whatever reason and either before or after the Entry Deadline or the Drawing Date, all or part of the Grand Prize Package becomes, at the sole discretion of CFC, unavailable or withdrawn, and substitute prizes acceptable to CFC and the Winner, once the Winner is drawn if applicable, cannot be found, that CFC may at its sole discretion replace the Grand Prize Package in whole or in part with a cash prize equal to, if in whole, the Fair Market Value of the Grand Prize Package, as such Fair Market Value is set forth in section B4e of these Official Rules, or, if in part, the Fair Market value, as determined by CFC, at its sole discretion, of the part of the Grand Prize Package that CFC, at its sole discretion, has determined to be unavailable. 35. The Entrant agrees to hold CFC, the Entrant's Agent, and any Prize Sponsors, as well as any of their affiliates, related companies, successors, assigns, officers, directors, stockholders, employees, vendors and subcontractors, harmless from any and all claims, liability and damages arising from Entrant's entry into this Raffle or use of prizes should the Entrant be drawn as the Winner. Furthermore, notwithstanding the forgoing, should the Entrant prevail in any cause or action against any of the aforementioned parties, the Entrant Agrees that the Entrant's claim for damages, whether actual or punitive, will be limited to the total amount the Entrant paid to purchase his or her raffle tickets. 36. The Entrant, when placing his or her order, can choose to gift his or her tickets, (only all of the tickets can be gifted to one other person), to another person, (the "Gift Recipient"), who, as a condition of receiving this gift must agree to be bound by all of the Official Rules of this Raffle as if the term "Gift Recipient" took the place of the term "Entrant" in each instance and in the same tense as the term "Entrant" appears in the Official Rules. 37. The Entrant may choose, when placing his or her order, to gift his or her tickets, (only all of the tickets can be gifted to one other person), to another person, (the "Gift Recipient"), who is a minor. Any such gift made to a minor is made on the condition that a parent or legal guardian of the minor agrees to execute any and all documents necessary, the necessity of which is at the sole discretion of CFC, to bind them and the minor to the Official Rules of the Raffle as if the term "Gift Recipient" took the place of the term "Entrant" in each instance and in the same tense as the term "Entrant" appears in the Official Rules. Furthermore, a parent or legal guardian, on behalf of the minor, must execute any and all documents that are required by the Official Rules for the Winner to claim his or her prizes. In addition to this, a parent or legal guardian must at all times accompany the minor when the minor is traveling to or from or participating in any prize related activity. In such cases, the parent or legal guardian will be counted as one of the travel companions in accordance with the Grand Prize Package. If a parent or guardian of the Minor fails to execute any and all of the required documents, within 15 days of being notified, the Winner may be disqualified and an alternate Winner selected. Furthermore, gifting the tickets as provided for in the online entry process is the only way that tickets can be gifted to anyone in this Raffle. 38. Entrant agrees that all decisions regarding the administration of this raffle are to be determined by CFC, at its sole discretion, and the Entrant further agrees to abide by all of CFC's decisions as they pertain to this Raffle and that all such decisions are final and not subject to appeal. 39. If a court of competent jurisdiction finds that any term or provision of these Official Rules or the application thereof to any person or circumstance, to be to any extent invalid or unenforceable, then these Official rules shall be amended to the extent necessary to make any such term or provision valid and enforceable. Furthermore, the finding by any court of competent jurisdiction that any term or provision of these Official Rules or the application thereof to any person or circumstance as invalid or unenforceable shall not make that term or provision or application thereof to any other person or any other circumstance invalid or unenforceable. 40. This Raffle is void where prohibited by law. B. SPECIFIC: 1. This Raffle is being held pursuant to a raffle permit issued by either the town of Andover, Massachusetts, or the town of North Andover, Massachusetts, depending on the CFC location at which the winner will be drawn. The Raffle is being conducted in accordance with the laws of the Commonwealth of Massachusetts. The Entrant, CFC, and the Entrant's Agent, hereby agree and confirm that all the elements of the Contract created by and between these parties by these Official Rules and each party's obligations pursuant to this Contract, have been formed and will be fulfilled and discharged solely within the jurisdiction of the Commonwealth of Massachusetts. This Agreement is governed by and shall be construed in accordance with the laws of the Commonwealth of Massachusetts. 2. Tickets are $2.00 each with a minimum purchase of 5 tickets required. Prices are discounted for purchases of 10 or more tickets. 3. The Drawing will be held at CFC's headquarters in Andover Massachusetts, Entrants do not need to be present to win. Winner will be notified by CFC and winner's name will be posted on CFC's website shortly after the Drawing. 4. The preceding Main Raffle Page is incorporated in these official rules as follows: a. The Entry Deadline for the Grand Prize is as referenced on the Raffle Main Page, However, CFC, at its sole discretion, may, without any notice, penalty, or offer of a refund, and as often as CFC, in its sole discretion, determines to be necessary, extend the Entry Deadline by up to thirty days from the original time and date of the original Entry Deadline by changing the Entry Deadline on the Main Raffle Page to reflect the new Entry Deadline. b. The Drawing Date for the Grand Prize is as referenced on the Main Raffle Page at a time to be determined by CFC. However, CFC, at its sole discretion, may, without any notice, penalty, or offer of a refund, and as often as CFC, in its sole discretion, determines to be necessary, extend the Drawing Date by up to thirty days from the original Drawing Date by changing the Drawing Date on the Main Raffle Page to reflect the new Drawing Date. c. Net proceeds of this contest will benefit the Celebrities for Charity Foundation and any other charities so referenced on the Main Raffle Page. d. The Grand Prize package includes all prizes as referenced on the Main Raffle Page. e. The Fair Market value of the Grand Prize Package is the Fair Market value referenced on the Main Raffle Page.
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