WFAE 2021 Tindol Subaru Crosstrek Raffle Official Rules
WFAE 2021 TINDOL SUBARU® CROSSTREK RAFFLE
OPEN ONLY TO ELIGIBLE DONORS OF WFAE 90.7fm (CHARLOTTE'S NPR NEWS SOURCE) residing IN THE UNITED STATES, EXCLUDING ALASKA AND HAWAII. MANY WILL ENTER, ONE WILL WIN. NEED NOT BE PRESENT TO WIN, but must claim prize in person in Gastonia, NC NO LATER THAN JANUARY 15, 2022. CLAIMING PRIZE REQUIRES donor to be 21 or older, have a valid U.S. drivers license and VALID car insurance that will cover the prize, and live in a state where this raffle is legal. WINNER IS RESPONSIBLE FOR COST OF ALL TAXES, title, and REGISTRATION/tag fees for CAR. Sponsor: University Radio Foundation, Inc. doing business as WFAE Radio 90.7fm, 8801 J.M. Keynes Dr., Ste. 91 Charlotte, NC 28262 ("Sponsor" or "WFAE"). For a copy of these Official Rules, visit www.wfae.org.
RAFFLE PERIOD; HOW TO ENTER. You may enter the WFAE 2021 Tindol Subaru CrossTrek Raffle (this "Raffle") during the Raffle Period. Donations can be made during the Raffle Period by calling Sponsor at 704-549-9000 or contributing to Sponsor online at www.wfae.org. The "Raffle Period" runs from 6:00:01 am Eastern on September 7, 2021 through 11:59:59 Eastern on December 31, 2021. Sponsor's timekeeping device is the official timekeeping device for this Raffle. Sponsor may engage in on-air fundraising during portions of the Raffle Period, where Sponsor will announce the opportunity to enter this Raffle, but entry may occur anytime during the Raffle Period in accordance with these Official Rules.
ELIGIBILITY (WHO CAN ENTER). This Raffle is open only to Eligible Donors who meet the criteria described in this paragraph and are residents of the United States (excluding Alaska and Hawaii). "Eligible Donors" means: (a) current, active sustaining members of WFAE (as identified in WFAE's records), or (b) any donor who makes a donation or additional donation to WFAE during the Raffle Period, excluding in each case Sponsor’s employees (and the family members), Sponsor’s board members (and their family members), and Sponsor’s contractors as well as employees of Tindol Subaru (Gastonia, NC). Only Eligible Donors who are 21 or older, have a valid U.S. drivers license and valid car insurance that will cover the prize, and are residents of a state where this Raffle is legal may claim the prize.
HOW TO ENTER. Current, active sustaining members of WFAE who are Eligible Donors automatically receive one (1) entry in the Raffle, and may receive one (1) or more additional automatic entries in the Raffle if they make one (1) or more additional contributions to WFAE and/or increase their contribution amount one (1) or more times during the Raffle Period. Other Eligible Donors who make one (1) or more donations during the Raffle Period will also receive one (1) or more automatic entries per donation made during the Raffle Period. The number of entries associated with a contribution during the Raffle Period follows:
· Donations/increases on September 7, 2021 count as 81 entries per donation/increase.
· Donations/increases on September 8, 2021 count as 40 entries per donation/increase.
· Donations/increases on September 9, 2021 count as 40 entries per donation/increase.
· Donations/increases on September 10, 2021 count as 20 entries per donation/increase.
· Donations/increases on September 11 and 12, 2021 count as 20 entries per donation/increase.
· Donations/increases on September 13, 2021 count as 15 entries per donation/increase.
· Donations/increases on September 14 and 15, 2021 count as 10 entries per donation/increase.
· Donations/increases on September 16, 2021 count as 5 entries per donation/increase.
· Donations/increases on September 17, 2021 count as 3 entries per donation/increase.
· Donations/increases made between September 18, 2021 and December 12, 2021 count as 1 entry per donation/increase.
· Donations/increases on December 13, 2021 count as 40 entries per donation/increase.
· Donations/increases on December 14, 2021 count as 30 entries per donation/increase.
· Donations/increases on December 15, 2021 count as 20 entries per donation/increase.
· Donations/increases on December 16, 2021 count as 10 entries per donation/increase.
· Donations/increases on December 17, 2021 count as 5 entries per donation/increase.
· Donations/increases made between December 18, 2021 and December 31, 2021 count as 1 entry per donation/increase.
Dates and times will be measured in the Eastern time zone. There is not a limit on the number of donations, or number of increased donations, that can be made during the Raffle Period by Eligible Donors; however, to count for an entry in the raffle, the amount of the donation or increased donation must actually have been paid by an Eligible Donor, at least in part, to Sponsor during the Raffle Period. Pledges alone to make a donation in the future are not eligible for an entry in the Raffle unless also accompanied by payment of a portion of the pledge during the Raffle Period. If you prefer not to participate, please feel free to decline the prize if you are selected as the potential winner. Sponsor reserves the right to void as entries into this Raffle online donations generated by script, macro, bot or other automated means or which subvert the entry process will be void. If you enter using a computer or mobile device, you are responsible for all telephone, internet or data charges imposed by your carrier.
DRAWING; ODDS; WINNER NOTIFICATION. Following the end of the Raffle Period, Sponsor will randomly select one (1) potential prize winner from all eligible entries received during the Raffle Period. No need to be present at drawing to win, but claiming the prize in person is required to receive the prize. Odds of winning the prize depend on the number of eligible entries received during the Raffle Period. Sponsor will notify the potential winner by phone or email, at Sponsor's discretion. Entrants consent to be contacted by email by or on behalf of Sponsor for purposes of this Raffle. For married couple Eligible Donors where the couple is shown as the "donor" of the entry drawn in Sponsor's records, the couple can elect which spouse should be the potential winner. For any other donations made in the name of one or more persons, Sponsor reserves the right to determine the potential winner by whose payment card/method was used to make the actual donation corresponding to the entry drawn as the potential winner. As a condition to claim the prize, this Raffle must be legal in the state of residence of the potential winner and the potential winner will be required to sign and return to Sponsor or its designee within five (5) business days of receipt: (i) an Affidavit of Eligibility and Liability / Publicity Release, and (ii) a W-9 form (Request for Taxpayer Identification Number and Certification) (collectively, the "Winner Documents"). Sponsor reserves the right to have Sponsor or its designee verify potential winner in such manner where Sponsor determines for purposes of confirming eligibility, including, but not limited to, by requesting at any time proof of the potential winner's valid U.S. drivers license and valid car insurance. If a potential winner does not respond to Sponsor's attempts to contact them as the potential winner within 24 hours of Sponsor's attempt, does not timely return the Winner Documents or does not otherwise comply with these Official Rules, the prize will be forfeited and, an alternate winner will be selected by random drawing from among all remaining eligible entries.
PRIZE; CLAIMING PRIZE. Sponsor will award one (1) new 2022 model year Subaru® Crosstrek vehicle with such features, colors and options as selected by Sponsor in its sole discretion (Approximate Retail Value/MSRP: up to $27,000) and not less than $25,000). This amount excludes the cost of car insurance, all taxes, title, and registration/tag fees (which is expected to be up to $2,000 and not less than $1,500 if NC taxes apply, and could be more or less for a winner who resides outside NC), for which winner will be responsible, and which may be payable, in whole or in part, by winner prior to being able to take possession of the car. Unlike other WFAE past raffles where the exact MSRP for a car prize was known, because of difficulties confirming dealer inventory in connection with COVID-19 supply chain disruptions, a precise MSRP is unknown at this time but will be notified to the potential winner when that winner is notified they are the potential winner. The amount of the taxes, title, and registration/tag fees due can only be determined when the prize MSRP and winner’s state of residence is confirmed. The car is awarded as-is, without any warranties from Sponsor. Any warranty is as available from the manufacturer of the car for its new cars, over which Sponsor has no control. Winner must claim the prize in person at Tindol Subaru in Gastonia, NC, at a time and date mutually agreed with Sponsor, and in any event not later than January 15, 2022, unless otherwise mutually agreed with Sponsor. Winner is solely responsible for cost to travel to Gastonia, NC to claim prize and paying all federal, state and local taxes, title, and license/registration/tag fees, car insurance, and any other costs or expenses incurred in claiming or using the prize, and not expressly included in the prize description in these Official Rules. No prize substitutions or cash equivalent of any prize component is permitted except at Sponsor's sole discretion a prize of equal or greater value may be substituted. Winner may be required to provide proof that the car has been accepted for coverage by winner's car insurer prior to being allowed to drive the car off of the car dealer's lot. Winner shall cooperate with all reasonable requests of Sponsor and/or Tindol Subaru to be able to transfer title of the car to winner and address tags, registration and insurance for the car, which may be a pre-condition to claiming the prize. Winner may be required to sign documents required by the car dealership to confirm winner's taking possession of the car, and authorizing the dealership to register the car and obtain tags for the car in the winner's state of residence. The winner's state of residence will be deemed to be the state which issued the winner's drivers license. If winner's drivers license does not accurately reflect where winner lives, winner is responsible to obtain an accurate drivers' license prior to claiming the prize. Winner agrees to pose for photos and/or video with Sponsor and dealership representatives when claiming the car prize. Any non-compliance with these Official Rules is grounds for disqualification and Sponsor's selection of an alternate winner from all eligible entries received during the Raffle Period.
PUBLICITY RELEASE. Winner's acceptance of prize constitutes winner's consent for Sponsor or its designees to use and/or publish winner's full name, city and state of residence, hometown, photograph, image or other likeness, biographical information (in whole or in part), and/or statements made by winner, worldwide and in perpetuity for promotional purposes, in any media, without further compensation, notice, review, or approval. [A1]
LIMITS ON LIABILITY. By participating in this Raffle, entrants and winner agree to release and hold harmless Sponsor, Subaru and its dealers, and their respective owners, parents, subsidiaries, and affiliates, and all of the respective officers, directors, employees, representatives, agents, successors, and assigns of all such parties (collectively, the "Released Parties") from: (i) any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury (including emotional distress), and/or death caused, directly or indirectly, from the awarding, acceptance, possession, use, misuse, loss or misdirection of prize or resulting from participating in this Raffle or any prize-related activities, and (ii) for any claims or causes of action based on publicity rights, defamation or invasion of privacy, or merchandise delivery. Sponsor makes no representation or warranty with respect to any prize or portion thereof. The decisions of Sponsor in this Raffle are final and binding in all respects. Sponsor has no liability for any late donations on www.wfae.org received outside of the Raffle Period or any issues of entering information on www.wfae.org or the inability to contact Sponsor by telephone. The Released Parties are not responsible for and shall have no liability for: (a) Winner Documents or notifications in connection with the Raffle that are lost, late, incomplete, illegible, damaged, misdirected, or otherwise not received by Sponsor or its designees; (b) any typographical or other error in any materials relating to this Raffle; or (c) any problems or technical malfunctions, or causes beyond Sponsor's reasonable control that jeopardize the administration, security, fairness, integrity or proper conduct of this Raffle. If this Raffle has to be suspended or cancelled for reasons outside of Sponsor's control that affect the proper conduct of this Raffle, or due to unauthorized intervention, fraud, or technical failure, or if this Raffle is compromised in any way, Sponsor reserves the right, among other possible resolutions, to draw the potential winner from the pool of eligible entries received prior to the suspension or cancellation. CAUTION AND WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE WWW.WFAE.ORG OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE RAFFLE MAY BE A VIOLATION OF LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT, TO THE FULLEST EXTENT PERMITTED BY LAW.
DISPUTES. All issues and questions concerning these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Raffle, shall be governed by, and construed under, the laws of the State of North Carolina. Entrants agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Raffle or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by a federal or state court located in Mecklenburg County, North Carolina, any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Raffle, but in no event attorneys' fees; and (2) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim indirect, punitive, incidental, and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.