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Thank you for supporting the Memorial Hospital House of Hope Giveaway (the “Raffle”) conducted by Bakersfield Memorial Hospital Foundation, a California nonprofit public benefit corporation (”BMHF”). The following Official Rules and Regulations apply to the Raffle: |
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ODDS OF WINNING/ PRIZES |
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1.

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The Grand Prize is a home with street address of 214 Spirea Street in Bakersfield, California 93314, and identified as Lot 13 in Tract 6448 of the Village Green development in Southwest Bakersfield, California. The Grand Prize, according to, Castle & Cooke California, Inc., a California corporation, has an estimated fair market value of Three Hundred Twenty Five Thousand Dollars and No Cents ($325,000.00). |
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2. |
Two (2) prize vehicles will be awarded: (a) a new 2008 Tribute Hybrid Touring, Stock/Vin #60704/M17900 and (b) a 2008 Harley Davidson SuperGlide Custom. |
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3. |
Seven (7) prizes, including those identified in Sections 1 and 2, will be awarded. |
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4. |
Odds of winning depend on number of entries received. A maximum of fifteen thousand (15,000) tickets will be sold. |
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5. |
All Early Bird Drawings (as defined in Section 15) winning tickets shall be reentered into the Raffle for the Grand Prize. |
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ELIGIBILITY |
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6. |
Must be a California resident, eighteen (18) years or older with valid driver’s license and social security number. |
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7. |
The following individuals and their respective affiliates, subsidiaries, parent and related companies and agencies are not eligible to participate in the Raffle: (a) Board members and executive management staff of Bakersfield Memorial Hospital, and their spouses; (b) Board members and employees of BMHF and their spouses; (c) Board members and executive management staff of Castle & Cooke and their spouses; (d) principals and employees working with ticket administration for Daniells, Phillips, Vaughan and Bock, CPA’s (the “Administrator”), and their spouses; and (e) stockholders, partners, attorneys, and employees of Clifford & Brown, P.C., and their spouses. The determinations of BMHF and the House of Hope Committee are final and binding with respect to any matter arising out of the interpretation or application of these terms and conditions. |
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8. |
Only official entry tickets may be used, no copies, and all information must be legibly handwritten and completed for a valid entry. |
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SALE OF TICKETS |
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9. |
Tickets will be sold for One Hundred Dollars and No Cents ($100.00) per ticket. |
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10. |
A ticket represents a chance to win the opportunity to accept an offer of the stated prize on these terms and conditions. Your ticket evidences the fact that it has been entered into the Raffle subject to these official rules and regulations. Winning tickets shall be selected by a drawing at random and all participants have an equal opportunity to win. Tickets and the winners’ rights are non-transferable. Winners need not be present at the drawings. |
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11. |
BMHF is not responsible for lost, stolen or misplaced tickets. BMHF also is not responsible for any misrepresentation about the donation or prizes whether verbal or written. |
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12. |
All sales of tickets are final and there shall be no refunds. |
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13. |
Purchase of a ticket constitutes full acknowledgment and agreement by the purchaser that he/she agrees with all terms and conditions set forth herein. |
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14. |
Tickets may be reserved over the phone or by mail, but such reservation shall not constitute a purchase of a ticket. All tickets must be purchased in person pursuant to California and federal law. |
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AWARDING PRIZES |
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15. |
Draw dates are: Early Bird Drawings will be held on April 4, 2008, April 18, 2008 and May 2, 2008. Tickets purchased by 5:00 p.m. on the Tuesday immediately preceding the drawing date will be eligible for the Early Bird Drawing. The Grand Prize Drawing will be held on May 16, 2008. To be eligible for the Grand Prize Drawing, tickets may be purchased in person as follows: (i) at the Main Lobby of Bakersfield Memorial Hospital until 9:00 p.m. on May 15, 2008; and, (ii) at other ticket sales locations until 4:00 p.m. on May 15, 2008. Reservations for tickets may be made by telephone by calling (661) 395-1259 until 9:00 p.m. on May 15, 2008, to be eligible for the Grand Prize Drawing. Reservation forms for tickets must be postmarked by May 9, 2008, to be eligible for the Grand Prize Drawing. Prizes will be drawn in random order during the Early Bird Drawings leading up to the Grand Prize Drawing. |
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16. |
Random drawing of winners will be verified that they satisfy the requirements of these official rules and regulations. A prize will only be awarded after such verification. Winners shall have no rights in prizes until the prize is fully and unconditionally accepted by the winner in the manner set forth in these terms and conditions and until complete delivery of the prize is made to the winner. A winner will not become the owner of his/her prize unless such winner unconditionally accepts such prize upon an “AS IS”/”WITH ALL FAULTS”/”WHERE IS” basis pursuant to Section 29. |
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17. |
With proper transfer or sales documents bearing notarized signatures, as required by BMHF in its sole discretion, a prize may be transferred, sold, or donated back to BMHF. |
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18. |
Decisions regarding the winner and all contest details will be made by BMHF in its sole and absolute discretion and will be final once made. |
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19. |
After the random drawing, the names of the winners may be obtained by making written request to BMHF or its website (see, Section 38). |
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20. |
Prizes will not be awarded, and will be deemed forfeited, if the winner’s ticket was issued in exchange for a check returned for “insufficient funds” or for a credit card charge deemed “declined,” “invalid,” or “stolen.” |
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21. |
Prizes may not be substituted or exchanged. BMHF may substitute a prize of equal or greater value should a featured prize become unavailable. Travel prizes are subject to availability and other restrictions may apply. In the case of vehicles, the winner may apply the cash equivalent of the prize won towards the purchase of an alternative vehicle from the same retailer. The winner is responsible for any and all costs beyond the cash equivalent of the prize, including those costs, expenses, fees and taxes described in Section 28. |
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22. |
Acceptance of a prize is permission for BMHF to use the names, pictures, video images, and relevant quotes of all winners and agreement that the prizes will not be used for further fundraising. |
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23. |
If there is more than one name on an entry, the prize will be awarded to the first name listed on the entry as the winner, so long as that person satisfies the eligibility requirements. It is the sole responsibility of the winner in a multiple party entry to allocate any prize among the participants in the multiple party entry. |
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NOTIFICATION OF WINNERS |
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24. |
Each winner will be notified in writing (the “Winner Notification”), which will be sent by certified, return receipt United States Mail to the address provided by that winner. Except for the Grand Prize, each winner will have seven (7) days from the date of his /her receipt of the Winner Notification to accept the prize pursuant to the terms stated in the Winner Notification. Failure to timely claim any prize pursuant to the terms and conditions stated in the Winner Notification will automatically result in forfeiture of the prize, with no substitution or alternative prize available to the original winner. |
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25. |
To claim a prize, a winner will be required to present the winning ticket with a number matching the number drawn during the applicable drawing. Winners also will be required to present valid photo identification, such as a valid driver’s license, state identification card or passport. |
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26. |
Winner of the Grand Prize has fourteen (14) calendar days from receipt of the Written Notification to inform BMHF of the winner’s choice to proceed with the purchase of the home. Winner of the Grand Prize is responsible for costs beyond the cash equivalent such as closing costs and impound charges toward the purchase of the home. Square footages are approximate. The Raffle makes no claim regarding the actual value of the home, the accuracy of the estimate, or the actual date of completion. |
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27. |
If a selected winner is unable to be contacted or located after a period of three (3) months from the draw date, the prize will be donated to BMHF. |
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TAXES |
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28. |
All winners shall be responsible for any and all federal, state and local income or excise taxes, transfer taxes, fees, assessments, including reassessments or supplemental assessments resulting from a change in ownership and/or new construction, and any and all other like charges associated with the prizes. All federal, state and local laws relating to the transfer, ownership or use of the prizes apply. All vehicle winners shall be responsible for any and all state or local license, title, documentation and registration fees associated with the vehicles. Prizes shall not be transferred until all legal requirements have been met. The winner of the Grand Prize agrees that the written determination of a licensed appraiser obtained by BMHF will be used to determine the value of the Grand Prize for income tax and all other purposes. The IRS requires that taxes on prizes valued greater than Five Thousand Dollars and No Cents ($5,000.00) must be paid upon acceptance and before BMHF may deliver the prize to the winner. Winners are encouraged to consult a tax professional. As required by the IRS, all prize winners will receive a form 1099 or W9, whichever is appropriate. |
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29. |
The IRS has adopted the position that the One Hundred Dollars and No Cents ($100.00) ticket price is non-deductible as a charitable donation for Federal income tax purposes. |
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DISCLAIMERS |
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30. |
Winners agree to accept all prizes upon an “AS IS”/”WITH ALL FAULTS”/”WHERE IS” basis, SUBJECT TO ALL LATENT AND PATENT CONDITIONS, WITH ABSOLUTELY NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND BY BMHF, INCLUDING AS TO MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, AND IN THEIR PRESENT CONDITION AND STATE OF REPAIR, WITH ALL FAULTS, LIMITATIONS AND DEFECTS. A winner’s acceptance of a prize will not effect any warranties related to the manufacture or construction of the prize from the actual manufacturer and/or builder of said prize. |
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31. |
By accepting a prize, winners certify that they have read and understand the following provision of Civil Code Section 1542: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” By accepting a prize, winners acknowledge the effect of Civil Code Section 1542, if in any way applicable, as well as the provisions of all comparable, equivalent, or similar principles of the common or statutory law, are hereby voluntarily waived by each party, who also acknowledge that this waiver is an essential and material term of this Agreement. |
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32. |
The winner accepting the Grand Prize will be subject to all applicable laws and regulations including covenants and/or restrictions of the development or subdivision, including, but not limited to, the “Amended and Restated Declaration of Covenants, Conditions and Restrictions (Village Greens)”, recorded as Instrument No. 0206293516 in the Kern County Official Records on November 30, 2006, and the “Community Guidelines” of the Village Green Community Association, a California nonprofit mutual benefit corporation, adopted February, 2007. |
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33. |
BMHF maintains no control of the personnel, equipment or operations of any supplier and assumes no responsibility for any financial loss, personal injury, property damage, other loss, accident, delay, inconvenience or irregularity which winners may experience by reason of (1) performance or nonperformance by any supplier; (2) wrongful, careless, negligent, or unauthorized acts or omissions on the part of any supplier or its employees, or on the part of any other party not under control of BMHF; (3) any defect, breakdown or other failure of any aircraft, train, automobile, ship, accommodation, or other equipment or instrumentality owned, operated, or otherwise used by a supplier or; (4) any acts of God, acts or omissions of third parties, damage or loss associated with any terrorist activities, social, or labor unrest, mechanical or construction failures, disease, local laws, climactic conditions, or other conditions or developments. BMHF shall in no event be liable for special or consequential damages arising from the use or ownership of any prizes. Participants hereby release BMHF from any such claims. |
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34. |
Entry purchasers, by participating (and winners, by accepting a prize) release BMHF, and their respective parent companies, affiliates, partners, subsidiaries, agents, representatives, sponsors, service agencies and independent contractors, and each of their respective directors, officers, partners, employees and agents, including advertising and promotion agencies, from any and all liability with respect to participation in the promotion, possession, use and distribution of the prize(s) awarded. |
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35. |
BMHF does not rent or sell its donor or supporter list information to third parties. |
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36. |
Void where prohibited by law. |
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37. |
This is not a solicitation. It is only for informational purposes. |
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ADMINISTRATOR |
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38. |
Administrator (as defined in Section 7(d)), whose address is 300 New Stine Road, Bakersfield, California 93309, shall serve as the administrator of the Raffle on BMHF’s behalf. |
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WEBSITE |
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39. |
BMHF has created a website, www.BakersfieldHouseofHope.com in order to provide information regarding the House of Hope Giveaway. This website includes these official rules and regulations, information regarding the prizes, including, but not limited to, the Grand Prize, locations where tickets can be purchased, frequently asked questions, the schedule of events for the Raffle, and information relating to the Raffle itself. This website cannot be used to purchase tickets. |
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Rules updated 2/28/2008 |
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