Jeep Giveaway Rules:
DUCK SALES WILL CLOSE AT 3PM ON 9/17/22
Boys & Girls Clubs of Northeast Texas (BGCNETX), a tax exempt organization under Section 501(c)(3) of the Internal Revenue Code, is conducting the Rockwall Rubber Duck Regatta & Jeep Festival to raise funds for charitable purposes. The Rules and Regulations of the Raffle are set forth below. By adopting a duck, the purchaser agrees to be bound by these rules and regulations. BGCNETX’s interpretation and application of these rules and regulations shall be final.
The Rubber Duck Race will be held on September 17th, 2022. Duck Adoptions will not be sold after September 17th, 2022. The race will be open to the public, but the winner does not need to be present to win.
The chances of winning are based on the number of ducks adopted. The Internal Revenue Service (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.
The Prize winner of the Jeep shall assume all fees, local, state and federal taxes, sales tax, financing costs which must be paid prior to the Car being transferred to the winner. BGCNETX takes no responsibility for any tax liabilities or costs. Consult your tax advisor. This offer is void where prohibited by law, and all federal, state, and local laws and regulations apply.
By adopting a duck, 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 BGCNETX for publicity purposes and in lists of prize winners to be published in area newspapers and announced on the Rockwall Duck Race website. Other rules and regulations may apply. Please contact BGCNETX if you have questions. BGCNETX’s interpretation and application of the rules and regulations shall be final.
By adopting a duck, each participant releases BGCNETX, its directors, officers, employees and agents from any and all liability for injuries, losses or damages of any kind caused by participating in the duck race or winning the Jeep or resulting from acceptance, possession, use or misuse of the prize, and the winner agrees to indemnify and hold BGCNETX 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 the prize.
Only one eligible person may be assigned a duck per duck adopted. If the name of more than one person is submitted with a duck adoption, and that duck is the winning duck, 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 adopting a duck in common shall be the sole responsibility of the person named as the holder of record of that ticket, should that ticket be selected as a winner.
BGCNETX reserves the right to reject any entry form that is submitted with payment that does not constitute good funds. Prior to the Prize drawing, BGCNETX 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 or check did not clear 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. BGCNETX 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.
In no event shall BGCNETX, 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 adopt as many ducks as he or she may wish, subject to availability.
To adopt ducks, use the order form provided online at https://rockwallduckrace.org/products/single-baby-duck
No refunds will be made except under the following circumstances: any ticket order with payment received after September 17, 2022, will be returned. No other refunds are available except in the exclusive discretion of BGCNETX. BGCNETX assumes no responsibility for lost, late, misdirected, or any other failure to receive orders or deliver receipts prior to the drawing deadline.
Selection of Winners:
The Rockwall Rubber Duck Regatta Duck race will be held on September 17, 2022.
Winners need not be present to win. The winner will be notified according to the contact information provided to BGCNETX at the time of ticket purchase. If the Prize winner cannot be located by 5:00 p.m., September 19th, 2022, after making a reasonable attempt to make contact through the information provided at the time of purchasing the prize will be forfeited and another prize winner will not be selected. Should the Prize winner not claim their prize within 75 days of the Prize drawing date, the Prize will be forfeited and another winner will not be selected. In addition to the winner’s name being posted on the Rockwall Rubber Duck Regatta website, the winners name may also be obtained from BGCNETX or by sending a self-addressed, stamped envelope to Rockwall Rubber Duck Regatta, PO Box 1876, Greenville, Texas, 75493 within one week of the drawing.
In order to collect his or her prize, a winner may be required to sign and deliver to BGCNETX: (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 adopted the duck; (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 BGCNEX showing that the person claiming the prize is the same person who is named on the winning duck ticket. The Prize winner may be required to submit a W-2G, Form 5754 or similar tax form (provided by BGCNETX) for tax withholding purposes. Prizes not collected by November 1, 2022 will be forfeited and another prize winner will not be selected.
The odds of winning a prize will depend on the number of Raffle tickets sold. If fewer tickets are sold, the chance of winning the Grand Prize improves.
Anyone 18 years of age or older at the time of the purchaser’s duck adoption purchase may enter. Winner must be United States Resident. Residents of Hawaii or Alaska are not eligible to win the Jeep.
BGCNETX and Rockwall Grace Clinic staff, members of the Board of Directors and immediate family members residing 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.
The Prize is a 2022 Jeep Wrangler; no cash option is available.
The vehicle comes base model factory equipped and the winner is also solely responsible for any and all state or local title, registration, or other 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. The vehicle is subject to availability at the automobile dealer selected by BGCNETX and may be substituted with a comparable vehicle by BGCNETX.
General Terms and Conditions:
The Car will be transferred to the Prize winner “as is, where is, and with all faults”. BGCNETX does 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. BGCNETX does not warrant that the Car is of mercantile quality or that it can be used for any particular purpose. No express warranties are given and no affirmation of BGCNETX by words and/or actions will constitute a warranty.
BGCNETX 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. BGCNETX takes no responsibility for any tax liabilities. Consult your tax advisor.
ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE CONTRACT, OR THE BREACH THEREOF, SHALL BE SETTLED BY BINDING ARBITRATION 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.
By adopting a duck and choosing to participate in the duck race, each duck participant acknowledges and agrees that BGCNETX has the right, in its sole discretion, to elect not to proceed with the duck race for any reason whatsoever or for no reason, and in such event, a participant’s sole and exclusive remedy shall be to receive a refund of the full price paid by such participant for each raffle ticket purchased, without interest.