Kalispell Toyota, Kalispell Ford, Kalispell VW, & Flathead Valley Public Schools Charitable Vehicle Raffle
OFFICIAL DRAWING & PARTICIPATION RULES
- The “Kalispell Automotive Group (Kalispell Ford, Kalispell Toyota and Kalispell Volkswagen) & Flathead Valley Public School Districts (comprised of) Charitable Vehicle Raffle” for a new Toyota Rav4, new Ford Escape, new Volkswagen Taos, or a $30,000 vehicle credit to be applied to a new vehicle of their choice at Kalispell Toyota, Kalispell Ford or Kalispell VW is open to legal residents of the United States exclusively who reside and are physically located in the United States; who have a valid driver’s license; and who will be eighteen (18) years of age or older as of February 1, 2024. All federal, state and local laws and regulations apply. Void where prohibited or restricted by law. IRS Publication 526 prohibits the purchase price of a raffle ticket be taken as a charitable deduction.
- The Drawing is sponsored by KALISPELL TOYOTA, KALISPELL FORD, AND KALISPELL VW, (“Sponsor”), and will be administered under the direction of EACH PARTICIPATING PUBLIC SCHOOL DISTRICT (“Administering Agencies”) by a local independent third-party, and has as its purpose the charitable donation of the Grand Prize vehicle for the purpose of generating revenues to be used by the referenced school districts to support K-12 student enrichment programs and extracurricular activities and athletics. By participating in the Drawing, you agree to be bound by the Official Drawing and Participation Rules and the final decisions of the Sponsor and the Administering Agency, which will be rendered in their sole discretion. Ticket sales for the Drawing will commence on approximately May 1st, 2023 and will end no later than February 1, 2024. (“Drawing Period”). The ticket stub must be presented to win.
- The Sponsor will award, in a random draw, one (1) Grand Prize from all entries received during the Drawing Period. The Administering Agency will contract with a local independent third-party to conduct the random draw during the “Cross Town Basketball Game” on February 1, 2024, and the Winner need not be present to win, however the Winner must present the winning ticket stub to be recognized as the official winner. If your entry is randomly drawn and you have met the Drawing criteria as stated in these Official Rules, you are the tentative Grand Prize Winner. If the tentative Grand Prize Winner is found ineligible or fails to comply with the Official Rules, their claim to the Grand Prize is forfeited and an alternate entry will be randomly selected. Odds of winning the Grand Prize are determined by the total number of entries received by the Drawing close date.
- One (1) Grand Prize will be awarded as follows: A brand new Toyota Rav4, a brand new Ford Escape, a brand new VW Taos, OR a $30,000.00 vehicle credit to be applied to a new vehicle of their choice to be delivered to the Grand Prize Winner at Sponsor’s Dealership, KALISPELL TOYOTA, KALISPELL FORD, or KALISPELL VW. Winner’s interest cannot be assigned, sold or transferred.
- The Grand Prize Winner is fully, solely and exclusively responsible for all applicable taxes and expenses, including but not limited to income tax, sales tax, luxury tax, destination charges, title, license, registration, insurance and all other costs incurred in claiming, registering or using the vehicle. The winner must pay withholding tax to the school district (payer) that sold the winning ticket, in the amount equal to 25% (or amount determined per IRS rules) of the fair market value of the new Toyota Rav4, new Ford Escape, VW Taos, or $30,000 vehicle credit prior to receiving the truck/credit. Once the Grand Prize winner is notified that the vehicle they have been awarded is available at the Sponsor’s dealership, and after the Grand Prize Winner has submitted the payment of 25% (or the amount determined per IRS rules) of the fair market value to the payer for tax purposes as listed above, and completed IRS form W-2G filled out by the school district that sold the winning ticket, the Grand Prize Winner must pick up the vehicle within a thirty (30)-calendarday period from time of written or verbal notification or a disqualification will result and an alternate winner will be randomly selected. If applicable, Grand Prize Winner is responsible for presenting a valid driver’s license in good standing and proof of insurance at time vehicle is awarded. Upon receipt of vehicle, Grand Prize Winner may obtain any extended warranties or optional equipment at their own expense.
- The Grand Prize is not transferable, assignable or redeemable for cash. All costs and expenses not specified herein, related to the Grand Prize, are the sole responsibility of the Grand Prize Winner.
- Tentative Grand Prize winner will be notified by telephone and will receive an Affidavit of Eligibility/Release of Liability (“Affidavit”) via mail or courier service. Grand Prize Winner must have a valid Social Security number, must present the winning ticket stub, and the Affidavit must be completed, notarized and returned to Kalispell Toyota (“Sponsor”) within fourteen (14) calendar days of tentative Grand Prize Winner’s receipt of the Affidavit. A disqualification will result, and an alternate winner will be randomly selected if the Affidavit is not returned to Kalispell Toyota (“Sponsor”) within the specified time. The winner must pay withholding tax to the payer, Kalispell Public Schools (see item 5 listed above). Refusal or return of any prize notification as undeliverable will also result in disqualification and an alternate winner will be randomly selected.
- The Sponsor, Administering Agencies, and their respective parent companies, trustees, subsidiaries, franchisees, affiliates, licensees, directors, officers, employees, agents, independent contractors and advertising and promotion agencies make no warranties, express or implied, in fact or in law, relative to the use or enjoyment of the Grand Prize or any portions thereof, including, without limitation, its quality, merchantability or fitness for a particular purpose. Any and all warranties for the Grand Prize or any portions thereof are contained in the manufacturers’ warranties, as relevant. Only manufacturers’ and respective service providers’ claims or warranties will apply with regard to Grand Prize and the Grand Prize Winner shall look solely to the manufacturers or service providers, as relevant, for such warranties.
- Employees and their immediate families of the Administering Agency, trustees, subsidiaries, affiliates, licensees, directors, officers, agents, independent contractors and advertising and promotion agencies, connected with this Drawing are eligible to enter the Drawing. Raffle ticket sales will not be conducted over the internet.
- Employees and their immediate families of the sponsor Kalispell Toyota, Kalispell Ford, and Kalispell VW, and their respective parent companies, trustees, subsidiaries, franchisees, affiliates, licensees, directors, officers, employees, agents, independent contractors and advertising and promotion agencies and any entity connected with this Drawing ARE NOT eligible to enter the Drawing.
- By participating in the Drawing, you (on behalf of yourself and your assigns, executors, administers and agents) agree to hold harmless and fully release and forever discharge, the Sponsor, the Administering Agencies, and any of their respective parent companies, trustees, subsidiaries, franchisees, affiliates, licensees, directors, agents, officers, independent contractors, employees, advertising and promotion agencies and any entity connected with this Drawing from any and against all claims, alleged claims, demands, duties, rights, agreements, promises, liabilities, damages, injuries, losses, expenses, liens, debt actions and cause of actions of any kind, including but not limited to attorneys’ fees, whether now known or unknown, unforeseen or foreseen, arising out of or in any way connected with, directly or indirectly, your participation in the Drawing, including, but not limited to, personal injury or death, property damage, loss of enjoyment, or other harm or loss of any nature whatsoever caused by, contributed to or arising out of the Drawing.
- By entering in the Drawing, you (on behalf of yourself and your assigns, executors, administers and agents) agree to hold harmless and fully release and forever discharge the Sponsor, Administering Agencies, and any of their respective parent companies, trustees, subsidiaries, franchisees, affiliates, licensees, directors, agents, officers, independent contractors, employees and advertising and promotion agencies and any entity connected with this Drawing from any and all liability for any costs, damages or expenses resulting from entry in the Drawing and from any and all liability, or alleged liability, for any death, injuries, losses or damages of any kind caused by any prize and/or resulting from acceptance, possession, quality, use or misuse of any prize, or any portion of any prize, or parts thereof.
- PRIVACY STATEMENT: All personal information obtained in conjunction with the Drawing will be utilized by the Sponsor and the Administering Agency only for the purpose of selecting the Grand Prize Winner.
- DISCLOSURE RE: USAGE OF GRAND PRIZE WINNER’S LIKENESS: Except where prohibited by law, the Grand Prize winner, by accepting the Grand Prize and completing the Affidavit of Eligibility/Release of Liability Form, expressly grants to Sponsor and Administering Agencies, any parent companies, subsidiaries, affiliates, successors, assigns and licensees and each of their respective employees, officers, directors, shareholders, agents and representatives, irrevocable and perpetual right to use their name, visual, audio, actual or simulated likeness, personal characteristics, entry contents, biographical data and statements and to photograph, record, depict, reproduce or otherwise utilize in any manner in their sole discretion, if at all, in whole or in part, their likeness (“Footage”), including any and all other personal identification, artwork, images, service marks, trade names, logos and copyrights incorporated therein or relating thereto, for and in connection with the Drawing and/or any future drawings or promotions to be conducted by either the Sponsor or the Administering Agency. The Grand Prize winner also releases Sponsor and Administering Agencies from all claims, liabilities and obligations whatsoever in connection with their use of the Footage and agrees and acknowledges that the Grand Prize and the publicity and exposure which the Footage will receive, if used, constitutes valuable, sufficient and complete consideration for the rights granted therein to Sponsor and Administering Agency and that there shall be no payment of any monetary compensation. In no event shall they have any right to seek or obtain injunctive or other equitable relief in connection with use of their likeness or any other Sponsor or Administering Agencies production, or the production, distribution, exhibition, advertising, promotion or publicizing thereof.
- By entering this Drawing, and if you become the Grand Prize Winner, you represent that you are not bound by any contract or agreement with any person or entity that prohibits you from granting use of your likeness that could be used in the manner described above; represent that no other consents, authorizations or payments are necessary to permit the full use and enjoyment by Sponsor or Administering Agencies of the rights granted herein; represent that the use of said Footage, or any part thereof, will not violate or infringe upon the trademark, trade name, service mark, copyright, patent, artistic, personal, private, civil or property right, right of privacy, right of publicity or any other right of any person or entity, nor constitute a libel or slander of any person, and that you will indemnify the Sponsor, Administering Agency and their respective officers, directors, shareholders, employees, agents and representatives from and against, and save and hold each of the foregoing harmless from, all claims, all alleged claims, actions, alleged actions, losses, damages, judgments, liabilities, expenses and costs, including reasonable outside attorneys’ fees and costs, resulting from any breach or alleged breach of the foregoing representations and warranties.
- The Sponsor and Administering Agencies and their respective parent companies, trustees, subsidiaries, franchisees, affiliates, licensees, directors, officers, employees, agents, independent contractors and advertising and promotion agencies are not responsible for any kind of injury or damage to you relating to or resulting from participation in the Drawing, or for any kind of technical problems caused by the Sponsor, Administering Agency, or their respective parent companies, trustees, subsidiaries, franchisees, affiliates, licensees, directors, officers, employees, agents, independent contractors or advertising and promotion agencies, the user or by any of the equipment or programming associated with or utilized in the Drawing or by any human error which may occur in the processing of the entries in the Drawing and which may limit any participant’s ability to enter the Drawing.
- If the Drawing becomes compromised, hampered, interrupted, not capable of running as planned, rendered impossible of performance in any way and prevented, including without limitation, because of any tampering, unauthorized intervention, fraud, technical failure, an event of force majeure or any other causes beyond Sponsor’s and Administering Agencies control which corrupts, threatens or adversely affects the administration, security, fairness, integrity or proper conduct of the Drawing, the Sponsor and the Administering Agency reserve the right, in their sole discretion, to cancel, suspend or withdraw the Drawing or any Drawing offer and/or cancel any method of entry, without notice, and to select a Grand Prize Winner from all entries received for the Drawing prior to the cancellation, suspension or withdrawal or to cancel, suspend or withdraw the presentation, award of or actual fulfillment of an event and/or prize, or any portion thereof, without notice.
- The Sponsor, Administering Agencies, and their respective parent companies, trustees, subsidiaries, franchisees, affiliates, licensees, directors, officers, employees, agents, independent contractors and advertising and promotion agencies are not responsible for typographical, printing, broadcast or any other inadvertent errors in these Official Rules or in any other materials relating to the Drawing.