2019 Eagle Plaza Raffle
The San Francisco Bay Area Leather Alliance (SFBALA) a tax exempt organization under Section 501(c)(3) of the Internal Revenue Code, in association with the Bears of San Francisco (BOSF) is conducting the Eagle Plaza Development Raffle (Raffle) in pursuant to California Penal Code Section 320.5, et seq, to raise funds for the completion of Eagle Plaza Community Space in San Francisco. The Rules and Regulations of the Raffle are set forth below. By purchasing a Raffle ticket, the purchaser agrees to be bound by these rules and regulations. SFBALA’s interpretation and application of these rules and regulations shall be final.
The Grand Prize Drawing for the Raffle will be held on Saturday, July 27, 2019 at the San Francisco Eagle, located at 398 12th Street in San Francisco. Tickets will not be sold after 4PM on July 27th . Tickets may sell out before that time. An independent raffle auditor will supervise the drawing. The drawing will be open to the public, but the winner does not need to be present to win.
Only 20,000 tickets will be sold (tickets for five Prizes, including the Grand Prize of a 2019 Iron 833 Demo Harley Davidson Motorcycle). The chances of winning are based on that number. If fewer tickets are sold, your chances of winning the Grand Prize improves. The IRS has taken the position that 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.
If the Grand Prize Motorcycle (Motorcycle) is chosen as the prize, the Grand Prize winner shall assume all fees, local, state and federal taxes, sales tax, cost differential between the value of the Motorcycle and the cash alternate prize, financing costs which must be paid prior to the Motorcycle being transferred to the winner. Likewise, there are federal taxes and there may be state and/or local tax consequences if the winner selects the alternate cash prize. (See Prize section below.) These consequences may apply to other prizes as well. SFBALA takes no responsibility for any tax liabilities or costs. Consult your tax adviser. This offer is void 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 SFBALA FOR PUBLICITY PURPOSES AND IN LISTS OF PRIZE WINNERS TO BE PUBLISHED IN AREA NEWSPAPERS AND ANNOUNCED ON THE SFBALA RAFFLE WEBSITE. OTHER RULES AND REGULATIONS MAY APPLY. PLEASE CONTACT SFBALA IF YOU HAVE QUESTIONS. SFBALA’S INTERPRETATION AND APPLICATION OF THE RULES AND REGULATIONS SHALL BE FINAL.
BY ENTERING THIS RAFFLE, EACH PARTICIPANT RELEASES SFBALA, BOSF and SF EAGLE PLAZA, THEIR 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 ANY PRIZE, AND EACH WINNER AGREES TO INDEMNIFY AND HOLD SFBALA, BOSF and SF EAGLE PLAZA 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 ANY PRIZE.
EACH PARTICIPANT HEREBY WAIVES THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542 WHICH STATES THE FOLLOWING: “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 are $10 each. Only one method of payment, one name, and one mailing address are permitted per ticket. 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 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.
SFBALA 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 SFBALA. Prior to the Grand Prize drawing, SFBALA 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 did not clear and that the entry has been rejected by attempting to make contact through the information provided at the time of submitting the purchase request. All orders for tickets must be received and/or purchased by the indicated deadline. SFBALA assumes no responsibility 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 SFBALA’S BREACH SHALL BE LIMITED TO THE RETURN OF THE PURCHASE PRICE PAID FOR HIS OR HER RAFFLE TICKET(S). IN NO EVENT SHALL SFBALA, BOSF and/or SF EAGLE PLAZA, 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 Raffle tickets as he or she may wish, subject to availability.
To purchase tickets: buyers must purchase tickets from SFBALA, BOSF, SF EAGLE PLAZA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES. Tickets cannot be purchased on the raffle website or by email. Any entry form submitted by email will be rejected. All entries must include payment by cash or credit card.
SFBALA 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 July 27, 2019, will be returned. No other refunds are available except in the exclusive discretion of SFBALA.
Selection of Winners
The Eagle Plaza Development Raffle drawing will be held on Saturday, July 27, 2019, from all eligible Raffle tickets. Winners need not be present to win. The Grand Prize drawing and Add-On drawing will be held under the supervision of an independent raffle auditor. The winner will be notified according to the contact information provided to SFBALA at the time of ticket purchase. If the Grand Prize winner cannot be located by 5:00 p.m., August 12, 2019, after making a reasonable attempt to make contact through the information provided at the time of purchasing the Raffle ticket, such winner will be deemed to have elected the cash alternate prize and another winner will not be selected for such prize. Should the Grand Prize winner not claim their prize within 180 days of the Grand Prize drawing date, the Grand Prize will be forfeited and another winner will not be selected. In addition to the list of winners posted on the SFBALA Eagle Plaza Raffle web site, a list of winners may be obtained from SFBALA or by sending a self-addressed, stamped envelope to Eagle Plaza Raffle c/o BOSF, 584 Castro Street, #266, San Francisco, CA 94114 within one week of the drawing.
In order to collect his or her prize, a Raffle ticket winner may be required to sign and deliver to SFBALA: (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 at the time he or she purchased the winning Raffle ticket; (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; (c) proof of identity in forms satisfactory to the SFBALA showing that the person claiming the prize is the same person who is named on the winning Raffle ticket; and (d) the winning Raffle ticket stub. The Grand Prize winner may be required to submit a W-2 Form, 5754 or similar tax form (provided by SFBALA) for tax withholding purposes.
5 total prizes will be awarded. The odds of winning a prize will depend on the number of Raffle tickets sold. If all 20,000 Grand Prize tickets are sold, the odds of winning the Grand Prize is 1 in 20,000. If fewer Grand Prize tickets are sold, the chance of winning the Grand Prize and all secondary prizes improves.
Anyone 18 years of age or older and a U.S. resident physically residing in the United States and DC may enter. General members of the SAN FRANCISCO BAY AREA LEATHER ALLIANCE, THE BEARS OF SAN FRANCISCO and their auxiliary clubs are allowed to participate in the RAFFLE. However SFBALA Board Members, and BOSF Board of Directors are excluded from participating and are not eligible to win a prize. SF EAGLE employees, authorized agents and employees thereof, consultants, attorneys, independent accountant firm, and their spouses and children living in the same household are excluded from participating and are not eligible to win a 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 prize winners.
Winner’s choice between a 2019 Iron 833 Demo Harley Davidson Motorcycle or $5,000 (except as stated below). The Grand Prize Winner must make an election in writing between the Motorcycle and the cash option no later than 5:00 p.m., August 10, 2019. At the option of SFBALA, the drawing date for the Grand Prize may take place earlier if all raffle tickets have been sold.
Grand Prize Motorcycle comes base model factory equipped and winner(s) are also solely responsible for any and all state or local license, title, registration, cost differential between the value of the Motorcycle and the cash alternate prize, taxes, or fees associated with the vehicle, as well as insurance (proof of which must be shown prior to delivery) and pickup or delivery costs at the dealership as well as any non-standard options chosen by the winner and negotiated with the dealership. Winner of the vehicle must make an election in writing between the vehicle and the alternative cash payment no later than 5:00 p.m. on the tenth business day after the drawing.
Vacation travel prizes are as described on the raffle website. Travel is transferable. Travel must be used within one year of the SFBALA purchase date. Unless otherwise noted, all gratuities, taxes, and fees are the responsibility of the winner and each vacation prize has a maximum value of no more than five thousand dollars in total. Winners of travel related prizes must comply with all applicable requirements and restrictions related to said prizes including without limitation applicable travel dates, age restrictions, liability waivers, travel documentation, and reservation and confirmation procedures. All vacations are subject to availability and may be substituted with a comparable vacation prize.
Grand Prize Drawing:
Grand Prize: Winner’s choice between a 2019 Iron 833 Demo Harley Davidson Motorcycle or $5,000.*
2nd Prize: Vacation or $5,000 cash
3rd Prize: 2020 IML Platinum Travel Package or $1,000 cash
4th Prize: 2020 IML Platinum Travel Package or $1,000 cash
5th Prize: 2 Tags to 2019 Lazy Bear Weekend or $500 cash
General Terms and Conditions
The Motorcycle, if selected, will be transferred to the Grand Prize winner “AS IS, WHERE IS, AND WITH ALL FAULTS”. SFBALA WILL NOT MAKE OR PROVIDE ANY REPRESENTATION, GUARANTEE OR WARRANTY, EXPRESSED OR IMPLIED, IN CONNECTION WITH THE CAR AND ACCEPTS NO LIABILITY OR RESPONSIBILITY REGARDING THE CONSTRUCTION OR CONDITION OF THE CAR. SFBALA DOES NOT WARRANT THAT THE VEHICLE IS OF MERCANTILE QUALITY OR THAT IT CAN BE USED FOR ANY PARTICULAR PURPOSE. NO EXPRESS WARRANTIES ARE GIVEN AND NO AFFIRMATION OF SFBALA BY WORDS AND/OR ACTIONS WILL CONSTITUTE A WARRANTY.
At the time of closing, all federal and state income taxes and sales tax based on the value of the car, will be due from the winner. If the winner selects the alternate award of cash instead of the car, all appropriate and required federal and state taxes will be withheld by SFBALA in accordance with federal and state law and SFBALA will remit the balance of the cash prize to the winner. SFBALA makes no guarantee that the Internal Revenue Service (IRS) will accept that value of the car for the purpose of determining any income tax that may be due from the winner. SFBALA takes no responsibility for any tax liabilities. Consult your tax adviser.
ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE CONTRACT, OR THE BREACH THEREOF, SHALL BE SETTLED BY BINDING ARBITRATION IN CALIFORNIA 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, SAN FRANCISCO BAY AREA LEATHER ALLIANCE has registered with the Department of Justice under Raffle Registration Number RF0005671. The official registration and financial information regarding SAN FRANCISCO BAY AREA LEATHER ALLIANCE can be obtained from the Attorney General’s website [at www.ag.ca.gov/charities]. Registration does not imply endorsement.