OFFICIAL 2025 NATVITY OF MARY SCHOOL 5th Annual FOUNDATION FOR THE FUTURE CAR/CASH RAFFLE RULES
The Nativity of Mary School ("Nativity") 5th Annual Foundation for the Future Car Raffle ("Raffle") begins on October 2, 2024, and ends on November 12, 2024 ("Raffle Period"). The New York License to Conduct Games of Chance Identification Number is ________________. The Raffle drawing will be November 12, 2024, at approximately 9:00 AM (EST) at the Nativity of Mary Church, 4375 Harris Hill Rd Williamsville, NY 14221. The grand prize is the choice of the vehicle as described on Schedule A attached hereto OR a $20,000 cash prize. Delivery of the vehicle will be from Cappellino Buick GMC, Williamsville, NY (“Cappellino”). Additionally, four (4) cash prizes of $500 each will also be awarded as follows: A $500 winner will be drawn on each of October 15, 2024, October 22, 2024, October 29, 2024 and November 5, 2024 at approximately 9:00 AM (EST) at the Nativity of Mary Church, 4375 Harris Hill Rd Williamsville, NY 14221. All weekly prize winners will be re-entered for any remaining prizes to be drawn. Any changes to drawing dates or times will be communicated via the event website as well as social media. All proceeds shall benefit the Nativity of Mary Parish and School. A maximum of 4000 tickets will be sold. Tickets may be purchased by mail, internet (NBVMcarraffle.givesmart.com) or in person at the Rectory at 4375 Harris Hill Road, Williamsville, NY 14221 and at the school office at 8550 Main St, Williamsville, NY 14221. A list of all prize winners will be posted on the Nativity Parish and School social media pages and the raffle website within 24 hours of each drawing. The Raffle is void where prohibited by law.
1. RAFFLE ELIGIBILITY.
All persons aged 18 and over who have U.S. addresses are eligible to win the Grand Prize. Members of Nativity, as well as their families, friends and members of the community can purchase tickets and have a chance to win (those purchasing tickets are hereinafter referred to as “Entrants”). Winners need not be present to win.
2. DETAILS OF RAFFLE ENTRY & PARTICIPATION.
Raffle tickets ("Tickets") cost fifty ($50) dollars each, three for one hundred twenty-five ($125) dollars, five for two hundred dollars ($200), or ten for three hundred seventy-five dollars ($375). The Ticket purchase price does not qualify as a charitable contribution. Personal checks should be made out to "Nativity of Mary School". Internet and mailed entries and payment must be received by Nativity no later than 5:00pm (EST) on November 11, 2024. All entries must include payment by cash, personal check, bank check, money order or credit card (Visa, MasterCard and Discover Card) payment. All credit card purchases are to be made at the car raffle website - Nativitycarraffle.givesmart.com.
Any sold tickets received after 4000 tickets have been sold, will be returned and refunded. No other refunds will be made, except as otherwise determined by Nativity in its sole and absolute discretion. Subject to availability, Entrants may purchase as many Tickets as they wish. Tickets are non-transferable and can only be in the name of one (1) individual Entrant.
Entrants may not sell, donate or otherwise transfer their Ticket(s) to anyone. Prizes will not be issued to anyone other than the one (1) Entrant whose name is on the Entry Form. Nativity in its sole and absolute discretion reserves the right to disqualify false entries or entries suspected of being false, and any illegible, defective, incomplete or physically altered Entry Forms and entries that do not include valid or complete payment. Nativity is not responsible for printing errors in any Raffle related material, or for lost, late, misdirected or non-delivered mail, corrupt internet messages, or any other failure to receive orders or deliver receipts prior to the drawing deadlines. All entries become the property of Nativity and will not be returned. Nativity reserves the right to withdraw this offer at any time.
3. PRIZES.
Grand Prize: The Grand Prize Selected Entrant will have the choice of a vehicle, as described on Schedule A attached hereto, OR a $20,000 cash prize (the “Grand Prize”). The election of the Grand Prize choice must be submitted in writing to Nativity no later than twenty (20) days after the Grand Prize drawing. If the Grand Prize Selected Entrant fails to affirmatively elect to receive a vehicle within this time period, he or she will be deemed to have elected to receive the Cash Grand Prize. If the Grand Prize Selected Entrant elects to receive a vehicle, he or she must make a payment of tax, equivalent to the required tax withholding based on the fair market value of the vehicle, as required by the Internal Revenue Service, to Nativity in full in the form of a certified bank check, no later than thirty (30) days after the Grand Prize drawing. The Grand Prize Selected Entrant will receive the vehicle as set described on Schedule A attached hereto. If for some reason the vehicle is no longer available in Cappellino’s inventory the Grand Prize Selected Entrant shall have the option to (a) work directly with Cappellino to select an alternative vehicle of the same make and model that is as closely comparable to the vehicle from Schedule A that will be available from Cappellino’s inventory within 60 days with a maximum MSRP of $30,190, or (2) select the $20,000 cash prize. All vehicle options will be based on availability. The Grand Prize Selected Entrant shall deal directly with Cappellino for the vehicle and the Grand Prize Selected Entrant acknowledges and agrees that Nativity’s only involvement related to any vehicle selection is collection of the aforementioned tax and to deliver a check to Cappellino for an amount not to exceed $30,190. If the Grand Prize Selected Entrant fails to make full payment of the aforementioned tax to Nativity within the specified period, he or she will be deemed to have elected to receive the Cash Grand Prize. If after making the required tax payment in full to Nativity, the Grand Prize Selected Entrant fails to order the vehicle and/or pay for any selected options within thirty (30) days of the Notification, he or she will have been deemed to have elected to receive the Cash Grand Prize and his or her tax payment on the vehicle will be returned to him or her in full by Nativity. Any vehicle is provided "as is" with no guarantees or warranties from Nativity. Any vehicle is untitled and provided as new condition by the Cappellino with acceptable delivery mileage and will be supplied with the manufacturer's warranty and other guarantees as provided by the manufacturer. All winners are subject to relevant federal, state and local taxes and other expenses. The Grand Prize Selected Entrant is responsible for costs of title, tax, license and registration fees if it is the elected prize, as well as transport of the vehicle and any costs involved in its transport and/or storage. Any other fees in connection with the Grand Prize are the sole responsibility of the Selected Entrant.
The Cash Grand Prize option will be in the amount of $20,000. Nativity will deduct tax withholdings as required by the Internal Revenue Service and the Selected Entrant will receive the net amount after this withholding. Four Prize Entrants will receive $500 each. Weekly prize winners will be re-entered for all remaining drawings. Cash prizes will be delivered to Selected Entrant by U.S. mail to the name and address provided on the Entry form or available to be picked up from Nativity. Payment will be done in the form of a check made payable to the name provided on the Entry Form. $500 prize winners will be required to fill out IRS form 5754, which will be held by Nativity. If the prize winner wins additional prizes in 2024 that exceeds the $600 threshold set by the IRS Nativity will report the winnings to the IRS as required by law. See section 6 (taxes) for further information.
4. NOTIFICATION.
Entrant(s) whose Ticket number(s) are drawn at the either the Grand Prize Drawing or a $500 prize drawing will be deemed the winner of the prize for that particular selection ("Selected Entrant"). Selected Entrants will be notified by email, telephone and/or U.S. Mail using the information provided on the Entry Form or to the operator (“Notification”). If any Selected Entrant cannot be located or fails to return attempts to contact him or her within fifteen (15) days after Nativity's first attempt to contact him or her, such Selected Entrant will be deemed to have forfeited his or her prize and another Selected Entrant will not be drawn. Each Selected Entrant will be asked to sign an acknowledgement and receipt of prize form (“Release”). Selected Entrant(s) must provide all information requested to be eligible to win, including proof of age, proof of identity showing that the person claiming the prize is the same Entrant named on the winning Ticket and the winning Ticket stub. Unless restricted by law, each Selected Entrant will be required to complete and return the Release within thirty (30) days after the Raffle drawing. The prize may be forfeited if Selected Entrant(s): (i) cannot be reached; (ii) fails to obtain all signatures on the Release and to return the documents in a timely manner as required pursuant to these Official Rules; or (iii) cannot accept or receive the prize for any reason. Winners grant permission for the use of their names, photographs/likenesses for advertising and promotion on Nativity’s website, social media, etc…for this and similar promotions without compensation, unless prohibited by law.
5. RULES & LIABILITIES.
The Raffle is subject to these Official Rules. These Official Rules shall not be changed by any oral statement made by any person acting on behalf of Nativity. By participating, Entrants agree to ALL of the following: (a) To be bound by these complete Official Rules and the decisions of Nativity shall be final and binding; (b) To waive any right to claim ambiguity in the Raffle or these Official Rules, except where prohibited by law; (c) By accepting a prize, Selected Entrant agrees to release Nativity, its officers, directors, employees, volunteers, members, representatives and agents, and any person or entity associated with the production, judging, or administration of the Raffle, as well as Northtown Automotive (collectively, the "Releasees") from and against any and all claims, damages, disability, attorneys' fees, and costs of litigation and settlement, as well as any liability due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from redemption, acceptance, possession, ownership, misuse or use of any prize or participation in any Raffle-related activity or participation in this Raffle; (d) Except where prohibited by law, the Selected Entrant's purchase of a Ticket and acceptance of a prize constitutes permission for Nativity to use said Selected Entrant's name, photograph, likeness, statements, biographical information, voice, and city and state address for promotional or advertising purposes in connection with this Raffle on a worldwide basis, and in all forms of media, now or hereafter known, in perpetuity, without review, permission or further compensation.
6. TAXES.
At the time of this printing, Federal law requires that the corresponding Federal income tax withholding prizes for prizes valued at $5,000 or greater must be collected from the winner upon prize distribution. Thus, prizes valued at $5,000 or greater will be distributed only after the amount equal to 25% of the value of the car or cash or appropriate amount as mandated by the IRS has been collected. Federal and state tax withholding laws are subject to change without notice. The withholding laws in effect at the time prizes are distributed will be followed.
Taxes are the sole responsibility of Selected Entrant. For non-cash prizes, the Selected Entrant will be required to make payment to Nativity of the total tax due prior to collection of the prize as noted in the Official Rules. All Selected Entrants will need to submit IRS form 5754 (Statement by Person(s) Receiving Gambling Winnings). For cash prizes, Nativity will deduct the required tax holdings and the Selected Entrant will receive the net amount of the cash prize less the respective tax withholdings. Selected Entrant will receive a W2-G and the amount of the winnings (at the Estimated Retail Value) and backup withholding if required will be reported to the IRS of any awarded prizes and the required tax withheld. Each ticket purchaser is advised to consult his or her own tax advisor(s) with respect to the tax liabilities that may arise from winning a prize in this Raffle.
7. GENERAL RAFFLE CONDITIONS.
Nativity reserves the right to disqualify any Entrant it finds to be tampering with the entry process or the operation of the Raffle or violating these Official Rules, and reserves the right to cancel the Raffle should it suspect fraud or for reasons out of the control of Nativity. Disputes regarding these Official Rules and/or this Raffle will be governed by the internal laws of the State of New York. Any Claim(s) or Controversy between any of the Raffle participants and Nativity arising out of or relating to the Raffle and or the Raffle Rules and Regulations shall be settled by binding arbitration administered in Buffalo, NY by the American Arbitration Association under its Commercial Arbitration Rules. Any Judgment on the award rendered by the arbitrator maybe entered in any court having jurisdiction thereof. Caution should be taken for any attempt to deliberately damage or to undermine the legitimate operation of the Raffle. Any such attempts maybe in violation of criminal and civil laws and will result in disqualification from participation in the Raffle. Should any attempt be made, Nativity reserves the right to seek remedies and damages, including all fees, such as attorney fees and court costs, to the fullest extent of the law, including criminal prosecution. A Raffle Entrant's sole and exclusive remedy for any claim against Nativity arising out of the sale of raffle tickets or the conduct of the Raffle shall be limited to the return of the purchase price paid for his or her raffle ticket(s). In no event shall Nativity, its directors, officers, employees, agents or representatives or Northtown Automotive be liable to any party for any loss or injury 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. These Official Rules and the Raffle shall be governed under New York law without regard to any conflict of law principals.
8. Force Majeure
In no event shall Nativity be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, pandemics (including, without limitation, any issues that may arise relating to Covid-19 or other pandemic quarantines, lockdowns, and/or the potential for future restrictions which may be put into place on account thereof), epidemics, health events, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications, computer (software and hardware) services and other unforeseen events; it being understood that Nativity shall use reasonable efforts which are consistent with accepted practices to resume performance as soon as practicable under the circumstances. If performance hereunder cannot be resumed for any of the above set forth reasons, Nativity shall return each Entrant's purchase price paid for his or her Ticket(s) at the request of each such Entrant.
9. TICKETS VIA ONLINE PURCHASE
Entrants who purchase online, will be mailed their Ticket, or it will be available to pickup at the rectory or school office.
SCHEDULE A
2025 Buick Encore GX Preferred, MSRP $30,190