Taija-Belwood.com - Contest rules

Official Contest Rules

1. Official Contest Rules. These are the official rules (“Official Contest Rules”) for the 2008 1972 SS El Camino Truck Raffle (the “2008 El Camino Raffle”) sponsored by the Community Foundation for Student Excellence sponsoring the Taija Belwood Foundation (the “Charity”) (hereafter the “Official Contest Rules.”).

2. Eligibility. The 2008 El Camino Raffle is open to anyone 18 years or older, except for officers and employees of the Community Foundation for Student Excellence or the Taija Belwood Foundation and household members of any such officer or employee. (“Eligible Person” Each Eligible Person who enters the 2008 El Camino Raffle is a “Contestant”).

3. Sponsor of Contest. The 2008 El Camino Raffle is sponsored by the Charity, which is Community Foundation for Student Excellence, located at 32380 Church Rd, Warren OR 97053.

4. Agreement to Abide By Official Contest Rules. Each eligible person who enters the 2008 El Camino Raffle is a “Contestant”. By entering the Entry into the 2008 El Camino Raffle the Contestant hereby fully and unconditionally constitutes the Contestant’s full and unconditional agreement to and acceptance of these Official Contest Rules. By entering the 2008 El Camino Raffle, the Contestant hereby agrees to perform all conditions and obligations required by these Official Contest Rules. Winning a prize is contingent upon fulfilling all requirements set forth herein.

5. 2008 El Camino Raffle Period. The 2008 El Camino Raffle begins on June 5, 2008 and ends at or about 3 pm on July 20, 2008 (“2008 El Camino Raffle Period”). The winning ticket will be drawn on July 20, 2008 on or about 3 pm PDT.

6. How to Enter. Any Eligible Person may enter the 2008 El Camino Raffle by obtaining an official numbered contest ticket (“Contest Ticket”) from the Charity (“Contest Ticket”) during the 2008 El Camino Raffle period. Contest Tickets may be obtained in the following manner: (1) purchase in person at a variety of classic car shows that the El Camino is being shown (see website www.taija-belwood.com for locations), (2) by completing an online order form at www.taija-belwood.com, a volunteer will contact the contestant for payment or (3) by phone at 503.679.3511. Contest tickets are priced at $5 per ticket. No purchase is necessary to participate in or win the 2008 El Camino Raffle.

7. Winner Need Not Be Present to Win. The Grand Prize Winner of the 2008 El Camino Raffle does not need to be present at the drawing in order to win.

8. Grand Prize. The grand prize is a 1972 Chevrolet El Camino SS VIN# 1D80J2L580594 (“Grand Prize”). The contestant selected as the winner of the 2008 El Camino Raffle will receive ownership of and legal title to the Grand Prize. No prizes other than the Grand Prize shall be awarded in the 2008 El Camino Raffle.

The Grand Prize does not include taxes, license, title and registration fees, or delivery or transportation costs. The Grand Prize has an appraised value of $7,000.00. The Grand Prize is nontransferable and non-refundable and must be accepted as awarded in “as-is, where-is, with all faults” condition. Except as expressly stated in these Official Contest Rules, Charity makes no representation or warranty of any kind or character, express or implied, concerning the Grand Prize. The Contest Grand Prize Winner shall be responsible for all taxes, license, title and registration fees, delivery or transportation costs, and any other costs associated with winning and use of the Grand Prize.

9. Selection of Grand Prize Winner. One Grand Prize Winner will be selected from all Contestants as follows:

On July 20, 2008, at approximately 3pm PDT, the Charity Community Foundation for Student Excellence will hold a drawing and randomly select one Contest Ticket from among all submitted and accepted Contest Tickets. The Contestant owning the selected Contest Ticket will be deemed the Grand Prize Winner. The drawing will be held as scheduled, regardless of the number of Contest Tickets procured.

The Grand Prize Winner is responsible for paying all applicable income, sales and any other taxes associated with winning and use of the Grand Prize. Due to recent changes in the tax law, the I.R.S. requires the Charity to collect federal income taxes upon delivery of the Grand Prize to the Grand Prize Winner. Such taxes shall be based on the appraised value of the Grand Prize, which is $7,000.00, less any amount the Grand Prize Winner has paid for the purchase of his or her Contest Tickets (the “Net Difference”), computed at 25% of the Net Difference to determine the amount of the withholding tax, assuming the Grand Prize Winner supplies Charity with his or her federal Taxpayer Identification Number (“TIN”). Pursuant to applicable federal and state law, if the Grand Prize Winner fails or refuses to supply his or her TIN to Charity, then the Charity must withhold such taxes at the rate of 33.33% of the Net Amount.

The Grand Prize Winner has until August 19, 2008, or 30 days after the drawing, whichever occurs later, to pay all required taxes to the Charity, claim the Grand Prize, and meet all other requirements of these Official Contest Rules. If the Grand Prize is not redeemed by that date, or if the Grand Prize Winner otherwise does not meet all requirements of these Official Contest Rules by that date, then the Grand Prize is automatically forfeited and the Charity will select a new Grand Prize Winner at random from among all remaining eligible Contest Tickets. A Contestant so selected as the new Grand Prize Winner will have 39 calendar days after being notified of his or her selection, thereafter to meet all requirements set forth in these Official Contest Rules and take delivery of the Grand Prize. If the new Grand Prize Winner fails to meet all Grand Prize requirements set forth herein and take delivery or claim the Grand Prize by the required date, then the Charity will repeat the selection process until a Contestant is selected who satisfies all requirements set forth herein for receipt of the Grand Prize. Grand Prize requirements are met and the Grand Prize is awarded.

All drawing and Grand Prize winner selection results are final. The odds of winning the Grand Prize depend on the number of Contest Tickets issued and received. For a list of the Grand Prize winner, please provide a self- addressed stamped envelop to the Charity after September 1, 2008.

10. Certificate of Eligibility and Liability/Publicity Release. The Grand Prize Winner must sign a certificate of eligibility and liability/publicity release (substantially in the form attached hereto) and return it to the Charity on or before September 1, 2008 in order to be able to receive the Grand Prize. If the Grand Prize Winner fails to sign and return the Certificate of Eligibility and Liability/Publicity release to the Charity by the above-stated deadline, or to otherwise meet the requirements of these Official Contest Rules, then an alternate Contestant will be selected in his/her place by random drawing from all remaining eligible Contest Tickets, and that person will become the Grand Prize Winner in his or her place.

11. Publicity. Acceptance of the Grand Prize constitutes permission for the Charity and/or its designees to use the Grand Prize Winner’s name, hometown, photograph, testimonial or other likeness and/or Grand Prize information or personal exposition (and/or any edited portion thereof) for promotional, advertising and/or publicity purposes in any media, now or hereafter now throughout the world in perpetuity, without compensation or notice to, or further consent of, the Grand Prize Winner to the extent permitted by law.

12. General Conditions. The Charity will stage the 2008 El Camino Raffle and it will be conducted in compliance with all applicable federal, state and local laws, and the 2008 El Camino Raffle is void where prohibited or restricted by law. The Charity reserves the right to cancel, suspend, and/or modify the 2008 El Camino Raffle if any fraud or other problem corrupts the administration, security, or proper play of the 2008 El Camino Raffle, as determined by Charity in its sole discretion. In such event the Charity reserves the right to award the Grand Prize according to the “Selection of Grand Prize Winner” criteria from among the eligible Contest Tickets received up to the time of the impairment. The Charity reserves the right to disqualify any individual it determines, in its sole discretion, or finds to be tampering with the entry process or the operation of the 2008 El Camino Raffle or to be acting in violation of these Official Contest Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the 2008 El Camino Raffle may be a violation of criminal and civil law, and, should such an attempt be made, the Charity reserves the right to seek damages from any such person to the fullest extent permitted by law. The Charity’s delay or failure to enforce any term of provision of these Official Contest Rules shall not constitute a waiver of that provision.

13. Release. Except were prohibited, each Contestant agrees to release and hold harmless the Charity, and its officers, directors, employees and agents (the “Released Parties”) from and against any claim or cause of action arising out of participation in the 2008 El Camino Raffle or receipt or use of any prize.

14. Limitations of Liability. Except where prohibited, each Contestant agrees that the Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by Contestants or printing errors; (b) unauthorized human intervention in any part of the 2008 El Camino Raffle; (c) technical or human error which may occur in the administration of the 2008 El Camino Raffle or the processing of entries; or (d) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Contestant’s participation in the 2008 El Camino Raffle or receipt of any prize.

15. Disputes. Except where prohibited, each Contestant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with the 2008 El Camino Raffle or any prize awarded thereunder, other than the administration of the 2008 El Camino Raffle or the determination of winners, shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Columbia County, State of Oregon, USA; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the 2008 El Camino Raffle, but shall not include in no event attorney’s fees; and (c) under no circumstances will Contestant be permitted to obtain awards for and Contestant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than the actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Contest Rules, or the rights and obligations of the Contestant and Charity in connection with the 2008 El Camino Raffle, without giving effect to any choice of law or conflict of rules (whether of the State of Oregon or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than State of Oregon.

16. Refunds. No refunds for Contest Tickets purchased will be given after 3pm PDT on July 20, 2008. Any orders for Contest Tickets submitted after 3 pm PDT on July 20, 2008, shall be deemed null and void and any monies submitted in connection with the same shall be refunded.