Saint Francis Fortune Raffle (2023 – 2024)
Saint Francis Xavier Catholic Church
- NO CONTRIBUTION OR PURCHASE NECESSARY TO ENTER OR WIN. A CONTRIBUTION OR PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. The 2023 – 2024 Saint Francis Fortune Raffle (the “Promotion”) is sponsored by Saint Francis Xavier Church, a Section 501(c)(3) tax-exempt organization with its principal place of business at 21332 Heitman Street, Fort Myers, FL 33901 (the “Church”). The Promotion is only offered in the state of Florida (the “Promotion Area”). Void outside the Promotion Area and where prohibited.
- The Promotion raises funds to support the Church’s mission. Prizes are funded by the Church. No refunds will be made, except as otherwise determined by the Church in its sole discretion. Raffle ticket (each a “Raffle Ticket”) purchases are not tax deductible. Making a contribution or donation will not improve your chances of winning.
- Promotion is subject to all federal, state and local laws. The Church shall be entitled to interpret these Official Rules as needed — including but limited to rules regarding Raffle Tickets, deadlines, Winning Ticket Number (defined below) selection, prize restrictions, and eligibility — and all its decisions are final. By participating, you irrevocably, fully and unconditionally agree to be bound by these Official Rules and waive any right to claim ambiguity in these Official Rules and or any other Promotion-related advertising or materials.
- Promotion begins on November 1, 2023 and ends July 30, 2024. Raffle Tickets are only valid for the drawings to be held between November 1, 2023, and July 30, 2024.
- The final deadline to obtain or request Raffle Tickets is June 30, 2024. Drawings to determine the winning Raffle Ticket numbers (the “Winning Ticket Numbers”) will be held weekly beginning _____________. You do not have to be present to win.
- Winners will be notified by email and a check will be mailed to them.
- Winner will be issued an IRS 1099 MISC tax form (or its equivalent or other required documentation and/or reporting forms) for the ARV of the prize awarded if required and is solely and exclusively responsible for all state, federal or local income tax that may result from his or her acceptance of the prize. The Church is required by law to withhold and remit to the Internal Revenue Service on the winner’s behalf an amount equal to twenty-five percent (25%) of the prize awarded (such amount being referred to herein as the “Withholding Amount”) if the value of the prize exceeds $5,000 and the winner is a citizen or resident alien of the United States with a Social Security number (different rules as promulgated by the Internal Revenue Service apply for nonresident aliens and for resident aliens and citizens of the United States who do not have a Social Security number) or as otherwise required by law.
PRIZE, ODDS & RESTRICTIONS
- Weekly Prize (1): Cash or check in the amount of $100.00. The actual amount received by the winner shall be subject to and reduced by the Withholding Amount (as defined above) if any. Approximate Retail Value ("ARV"): $100.
- Grand Prizes (3): Cash or check in the amounts of $2,000.00, $1,000.00, and $500.00. The actual amount received by the winner shall be subject to and reduced by the Withholding Amount (as defined above) if any. Approximate Retail Value ("ARV"): $2,000.00, $1,000.00, or $500.00, respectively.
- All prize details shall be at the Church’s sole discretion. The winner assumes sole responsibility for all expenses and incidental costs associated with the prize not explicitly outlined above, including without limitation, all federal, state and local taxes (if any), surcharges, and fees. Any person who wins prizes through any Church-sponsored promotions with a cumulative ARV equal to or greater than $600 in a calendar year will receive an IRS 1099 Form and/or other appropriate tax document.
- The right to receive the prize is not transferrable. Prizes or any portion thereof not accepted by the winner(s) is forfeited and no cash or substitute will be offered or permitted, unless required by law. The prize may not be substituted except that the Church in its discretion may substitute a prize, or portion thereof, with a prize or portion of equal or greater value if it deems necessary. Any such changes will be announced. Other restrictions apply.
- Raffle Tickets will be available beginning November 1, 2023 and ending June 30, 2024. Raffle Tickets will be available at entrances to the Church through November 30, 2023. Additionally, Raffle Tickets may be available from the Church through June 30, 2024.
- “Suggested Minimum Contribution” for Raffle Tickets is $25 per month for 9 months (November 2023 – July 2024) or a discounted, one-time contribution of $200 if paid by November 30, 2023. The full contribution must be received by July 15, 2024, to be eligible for the Grand Prize drawings.
- NO CONTRIBUTION OR PURCHASE NECESSARY: You may obtain Raffle Tickets without making a purchase or contribution by contacting Father Steve Clemente.
These are the only methods of obtaining Raffle Tickets. Raffle Tickets will not be distributed via U.S. mail or any method other than described above.
- Regardless of method, Raffle Tickets will only be distributed as described above and until June 30, 2024. Non-winning Raffle Tickets are not valid for subsequent Promotions, if any.
- The Church is not responsible for Raffle Tickets that are lost, misdirected, garbled, distorted, truncated, incomplete, illegible, damaged, defaced, altered, tampered with, counterfeit, unauthenticated, copied or incorrect for any reason, and all such Raffle Tickets are void. The Church reserves the right in its sole discretion to disqualify any Raffle Ticket at any time that in its opinion does not comply with these Official Rules.
WINNING TICKET SELECTION & ANNOUNCEMENT
- Weekly Prize. Beginning _______________, or within a reasonable time thereafter, the Church or its designee will each week randomly choose one (1) Weekly Winning Ticket Number from all Raffle Tickets timely distributed during the Promotion. Subject to verification of eligibility, the person who presents the Raffle Ticket with the matching Weekly Winning Ticket Number (the “Weekly Winning Raffle Ticket”) during the Claims Period (defined below) will be declared the winner. You do not have to be present to win.
- Grand Prizes. On July 15, 2024, or within a reasonable time thereafter, the Church or its designee will randomly choose three (3) Grand Prize-Winning Ticket Numbers from all Raffle Tickets timely distributed during the Promotion. Subject to verification of eligibility, the persons who present the Raffle Ticket with the matching Grand Prize-Winning Ticket Number (the “Weekly Winning Raffle Ticket”) during the Claims Period (defined below) will be declared the winner of the $2,000.00, $1,000.00, and $500.00 grand prizes, respectively. You do not have to be present to win.
- Upon presentation of the Weekly Winning Raffle Tickets and Grand Prize-Winning Raffle Tickets during the Claims Periods, the Church will verify that such Raffle Ticket bear the Winning Ticket Number and are the authentic Weekly Winning Raffle Tickets or Grand Prize-Winning Raffle Tickets and thereafter may require to retain the Weekly Winning Raffle Tickets or Grand Prize-Winning Raffle Tickets. Within thirty (30) days of the winner’s compliance with the foregoing verification requirements and procedures, the Church shall mail a check in payment of the prize, less the Withholding Amount, if any, to the winner at his/her Mailing Address.
- If the potential winner(s) fails to timely present the Weekly Winning Raffle Tickets or Grand Prize Winning Raffle Tickets, fails to timely and completely satisfy any eligibility or verification requirement herein, declines to accept the prize, or is otherwise determined to be ineligible, the Church in its discretion may disqualify that individual and he/she will forfeit the prize. If the Winning Raffle Ticket otherwise is not presented to the Church prior to the end of the Claims Period and in accordance with the procedures above, the prize will be forfeited. If forfeited, the prize will be retained by the Church.
- The Church will not be required to attempt to notify or locate the holder of the Winning Raffle Ticket in any manner other than by publishing the Winning Ticket Number on the Promotion Page as noted above. Released Parties (as defined below) will not be responsible for the failure of any person to be unaware that he or she may possess the Weekly Winning Raffle Tickets or Grand Prize-Winning Raffle Tickets, or for failing present the Weekly Winning Raffle Tickets or Grand Prize-Winning Raffle Tickets during the Claims Period and otherwise as required by these Official Rules. Any purported Winning Raffle Ticket not presented to the Church during the Claims Period and in accordance with these Official Rules shall be void and the prize forfeited. If forfeited, the prize will be retained by the
LIMITATION OF LIABILITY & DISCLAIMER OF WARRANTIES
- By participating in the Promotion, you agree that the Church, the Diocese of Venice in Florida, any other person involved in the development or administration of this Promotion, and a range of subsidiaries, agencies, affiliates, franchisees, promoters, prize suppliers, directors, officers, employees, agents and related persons (collectively, the “Released Parties”): (a) are not responsible for any incorrect or inaccurate information, whether caused by entrants or other participants, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Promotion or in the printing of this offer, administration of this Promotion, or in the selection or announcement of the Winning Ticket Number or the prize; (b) are not responsible for unauthorized human intervention in any part of the Promotion; (c) are not responsible for any unauthorized third-party use of any Promotion-related materials; (d) are not responsible for the inability to select the Winning Ticket Number or determine the winner because of postal failure, equipment failure, or data storage failure; and (e) are not responsible for any printing, typographical, technical, computer, network or human error that may occur in the administration of the Promotion, the distribution of Raffle Tickets, the selection of the Winning Ticket Number, verification of the Winning Raffle Ticket or winner, the prize or otherwise in any Promotion-related materials.
- RELEASED PARTIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND (WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE), INCLUDINGBUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESSFOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. RELEASED PARTIESSHALL NOT BE LIABLE OR RESPONSIBLE FOR THOSE GUARANTEES ORWARRANTIES MADE OR OFFERED BY ADVERTISERS, PARTNERS,MANUFACTURERS OR SUPPLIERS, INCLUDING THOSE RELATED TO THE PRIZE.UNDER NO CIRCUMSTANCES SHALL RELEASED PARTIES BE HELDRESPONSIBLE OR LIABLE FOR YOUR USE OF THE INFORMATION AND/ORPRODUCTS PROVIDED AND/OR MADE AVAILABLE THROUGH THE PROMOTIONOR FOR ERRORS OR ANOMALIES RESULTING IN THE UNINTENDED ORERRONEOUS PARTICIPATION, AWARD OF THE PRIZE OR OTHER BENEFITSUNDER THESE OFFICIAL RULES. RELEASED PARTIES OFFER NO ASSURANCES,GUARANTEES OR WARRANTIES THAT THE PROMOTION OR RELATED WEBSITESWILL BE UNINTERRUPTED OR ERROR-FREE AND DO NOT GUARANTEE THEACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THEPROMOTION.
- By participating in the Promotion, you agree to release and hold Released Parties harmless from all alleged, existing, or future actions, claims, and/or liabilities of whatever nature including, but not limited to, personal injury, bodily injury (including, without limitation, wrongful death and disability), property damage, and expense (including, without limitation, reasonable attorneys’ fees) and loss or damage of any other kind, relating to or arising from, in whole or in part, directly or indirectly, (a) your participation or inability to participate, in the Promotion or any Promotion-related or prize-related activity;(b)the use by Released Parties (including modification, adaptation, and reproduction) of Raffle Ticket or Promotion-related materials during or after the Promotion; (c) the delivery, acceptance, possession, redemption, use, misuse, loss, or misdirection of the prize; and(d)any other claim or cause of action you may have against any Released Party.
- BY PARTICIPATING IN THE PROMOTION, YOU FURTHER AGREE THAT (A) ALLDISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTEDWITH THE PROMOTION, OR THE PRIZE AWARDED, SHALL BE RESOLVEDINDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITHPARTICIPATING IN THE PROMOTION, BUT IN NO EVENT ATTORNEYS' FEES; AND (C) UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN ANYAWARD FOR, AND YOU HEREBY WAIVE ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED AND ANY OTHER DAMAGES OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES.
- SOME STATES DO NOT ALLOW LIMITATIONS ON THE ABILITY TO PURSUE CLASSACTION REMEDIES, OR ON CERTAIN KINDS OF DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.
- The Church reserves the right to cancel, suspend or terminate this Promotion, or any part thereof, if the Church determines, in its sole discretion, that the security, administration, fairness and/or operation of the Promotion has been corrupted or impaired by any non-authorized intervention, network failure, information storage failure, telecommunications failure, malfunction, or any other cause beyond the Church’s In such an event, the Church will post notice of same in the Church Bulletin and select the Winning Ticket Number at random from all non-suspect Raffle Tickets distributed prior to the suspension, cancellation or termination of the Promotion.
- The Church reserves the right to disqualify any individual from further participation in the Promotion if the Church concludes, in its sole discretion, that such person (a) has attempted to tamper with the operation of the Promotion or any Raffle Ticket in any way, (b) has repeatedly disregarded or has attempted to circumvent these Official Rules, or (c) has acted towards the Church or any other entrant or other participant in an unfair, inequitable, deliberately annoying, threatening, disrupting or harassing manner. Tampering includes using or attempting to use any prohibited device or Raffle Ticket or method of entry. Any failure by the Church to enforce any of these Official Rules shall not constitute a waiver of such Official Rules.
- ANY ATTEMPT BY ANY INDIVIDUAL TO DEFRAUD, TAMPER WITH, ORDELIBERATELY UNDERMINE, THE LEGITIMATE OPERATION OF THE PROMOTION OR ANY RAFFLE TICKET MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND THE CHURCH RESERVES THE RIGHT TO PURSUE ANY AVAILABLE DAMAGES OR REMEDIES AGAINST SUCH INDIVIDUAL AND/OR REFER SUCH MATTERS TO LAW ENFORCEMENT FOR PROSECUTION TO THE FULLEST EXTENTPERMITTED BY LAW.
- The Church reserves the right to correct typographical, printing or clerical errors in any Promotion-related materials. No more than the stated number of prizes will be awarded. If production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, the Church reserves the right to award only the stated number of prizes by a random drawing from among all legitimate, un-awarded, eligible prize claims.
- All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrants or other participants or Released Parties in connection with the Promotion, shall be governed by Florida law, without giving effect to any choice of law rules that would cause the application of the laws of any jurisdiction other than Florida.
- By participating in the Promotion, you expressly (a) agree that any legal proceedings arising out of or relating in any way to this Promotion or these Official Rules and not subject to arbitration shall be brought only in the federal or state courts located in Lee County, Florida, and (b) consent to the mandatory and exclusive jurisdiction in such courts with respect to any such legal proceedings.
- In the event of any discrepancy or inconsistency between any terms or conditions of these Official Rules and any disclosures or other statements contained in any other Promotion-related materials, including but not limited to the Raffle Tickets or receipts, or point of sale, television, print, mobile or online advertising, the terms and conditions of these Official Rules shall prevail, govern and control. If any provision of these Official Rules is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.