OFFICIAL RULES
Thank you for supporting the “Home with Heart 2023-2024” raffle (the “Raffle”) conducted by Vanderbilt University Medical Center (“Sponsor”). Your purchase of one or more Raffle ticket(s) signifies your full and unconditional agreement to these official rules (“Official Rules”). In the event of any dispute, the interpretations and determinations by the Sponsor regarding the application of these Official Rules is final and binding in all matters related to the Raffle. Void where prohibited or restricted by law, rule or regulation. All applicable federal, state and local laws apply. Tickets may sell out before the date of the Raffle drawing. The chances of winning are based on the number of valid tickets sold.
Eligibility
To be eligible to purchase a Raffle ticket, you must be an individual person at least 18 years old or the age of majority in your jurisdiction of residence, whichever is older as of the date of entry, and physically located within the State of Tennessee at the time of purchase. The following persons are not eligible to purchase a Raffle ticket: employees, officers, directors, owners, and shareholders of VUMC, Willow Branch Partners LLC, Bump Worldwide Inc., Truist Bank, Shopify Inc, Stripe, Inc., ACE Hardware Corporation, and Head Springs Depot, and employees, officers, directors, owners, and shareholders of their subsidiaries, affiliated entities, or joint venturers (hereafter collectively, “Released Parties”) and each such individual’s immediate family members (mother, father, sister, brother, child, husband, wife and their respective spouses, regardless of where they reside) and those living in their same households, whether or not related; any member of the General Assembly of the State of Tennessee during such member’s term of office as a member of the General Assembly; the Secretary of State of Tennessee (the “Secretary”) or any employee of the Secretary during the Secretary’s term of office and such employee’s term of employment with the Secretary; any vendors, including employees, agents or subcontractors (also includes immediate family members of same household) who provide printing services, telephone services and any records, devices or other gaming-related supplies or services related to the Raffle; those who provide the prizes for the Raffle; and any nonresident of the State of Tennessee who is not physically located in the State of Tennessee at the time of the purchase of a Raffle ticket.
The determinations of Sponsor are final and binding with respect to any matter arising out of the interpretation or application of these Official Rules.
Sponsor
Vanderbilt University Medical Center
Office of Development
3322 West End Ave, Suite 900
Nashville, Tennessee 37203
Attn: Home with Heart Raffle
Tickets
Tickets may be reserved via www.homewithheartraffle.com (the “Official Website”). You must provide all required information via the designated sections and/or pages of the Official Website to be eligible to enter and win. Incomplete, illegible, corrupted, or untimely entries are void and will be disqualified.
Tickets may be reserved for $100.00 each. There is no limit to how many tickets may be purchased per transaction or by any one individual during the Raffle Period defined below.
A valid ticket represents a chance to win the opportunity to accept an offer of a prize, as defined herein. All sales of tickets are final, and no refunds will be paid.
Tickets, the prizes, receipts, and any winner’s rights are not transferable. A ticket purchased by an ineligible person is void and cannot be a winning ticket. No refunds will be made to ineligible purchasers. Tickets may not be resold. No refunds, replacements, discounts or complimentary tickets will be issued.
Purchasing a Raffle ticket constitutes your unconditional acceptance of these Official Rules.
Winning a prize is contingent upon fulfilling all requirements set forth herein. Sponsor reserves the right to verify the eligibility of winner.
Sponsor reserves the right to reject any ticket reservation request that is submitted with payment that does not constitute good funds. A ticket for a credit card charge that was “declined” or reported as “invalid” or “stolen” is void and cannot be a winning ticket.
The IRS has ruled that a payment for a raffle ticket is a tax-deductible charitable contribution only to the extent the amount of the payment exceeds the price of the ticket.
All ticket reservations must be received and/or purchased by the indicated deadline. Any orders received after these deadlines will be ineligible. Sponsor assumes no responsibility for any failure to receive orders or deliver receipts prior to the drawing deadline. All defective or physically altered tickets or entry forms will be disqualified.
The Drawing
The Raffle starts on December 14, 2023, at 8:00 a.m. (subject to change) Central Time (“CT”) and ends on April 12, 2024, at 12:00 p.m. CT (the “Raffle Period”). Sponsor’s computer is the official time-keeping device for the Raffle. The winning ticket for each of the prizes will be selected by a random drawing on April 12, 2024. The date of the Raffle drawing is subject to all laws, regulations and acts of God or other acts or circumstances that would render the drawing illegal, unreasonable or impractical. Sponsor will select the name of the potential winner of each prize in random drawings from all eligible Raffle tickets. Selection of a potential winner’s name for one prize does not disqualify the individual for the remaining prize drawings. All valid tickets have an equal chance to win. Ticket purchasers need not be present to win but must be in the State of Tennessee at the time of ticket purchase.
Prizes
All Raffle winners shall be entitled to receive, upon compliance with these Official Rules, the prize (“Prize”, or “Prizes” when more than one Prize is referenced) for which their name was drawn. The Prizes are strictly limited to those elements described in these Official Rules. The Prizes are not transferable or assignable and are the sole prizes in the Raffle.
● Tickets purchased by February 1, 2024, at 11:59 p.m. CT will be eligible to win the first early-bird prize, ACE Hardware Garden and Garage Prize.
● Tickets purchased by March 1, 2024, at 11:59 p.m. CT will be eligible to win the second early-bird prize, Head Springs Depot Home Furnishing Prize.
● Tickets purchased by April 12, 2024, at 11:59 a.m. CT will be eligible to win the Home Prize, a new Willow Branch home located at 601 Whitetail Court, Smyrna, Tennessee 37167.
● All winning numbers will be drawn on April 12, 2024, after 12 p.m. CT.
● List of Prizes:
● 1 Early Bird – ACE Hardware Garden and Garage Prize with an estimated value of $5,000. Please note that delivery charges may apply for certain locations, as further described on the Official Website.
● 2 Early Bird – Head Springs Depot Home Furnishing Prize $5,000 value (as further pictured and described on the Official Website, shipping charges may apply) (the “Home Furnishing Prize”)
● Home Prize – a new home located at 601 Whitetail Court, Smyrna, Tennessee 37167 (as further pictured and described on the Official Website, excluding any furnishings) (the “Home Prize”).
● All valid tickets included in the early-bird prize draw, including the early-bird winning tickets, will be included in the main draw.
Winner
Each Prize will be awarded to only one (1) winner as indicated in the checkout section at point of purchase by the reference “Purchaser” or, in the case of a ticket gift purchase, “Gift Recipient.” If more than one name appears in either reference, the first name will be deemed to be the intended Purchaser or Gift Recipient, as applicable. Sponsor will first notify the Prize winners by calling the telephone number provided as part of the applicable Raffle ticket purchase. Once the Sponsor notifies the Prize winners via phone, Sponsor will send an Affidavit of Eligibility and Liability/Publicity Release (the “Affidavit and Release”) (unless otherwise prohibited by law) by secure electronic communication or certified U.S. mail, return receipt requested, to the email and/or mailing address provided by the Prize winner. If a winner cannot be contacted by phone, in the first instance, or by email, within five (5) business days, Sponsor will attempt to contact the winner by US certified mail return receipt requested. If the winner fails to respond to Sponsor within ten (10) days after the date Sponsor sends the certified letter to the winner, the Prize is forfeited, and no substitute or alternative prize will be provided.
Within ten (10) days of receipt, the Prize winners will be required to execute and deliver to Sponsor the Affidavit and Release (unless otherwise prohibited by law) provided by Sponsor and in a form acceptable to Sponsor in its sole discretion. Each Raffle winner will also be required to execute and deliver to Sponsor a W-9 tax form and provide two forms of identification satisfying the requirements necessary to complete the W-9, as set forth in the W-9 instructions. Each Prize winner is required to return the Affidavit and Release and the W-9 (and forms of identification) to Sponsor within the timeframe required in the section below entitled “Taxes/Prize Restrictions.”
The winner of each Prize shall have no rights in or to the Prize itself until the winner has been verified as eligible by Sponsor, has timely executed an Affidavit and Release and returned it to Sponsor, and until delivery to and acceptance of the Prize by the winner has been completed. Until that time, as between Sponsor and the winner, the applicable Prize remains the sole property of the donor of that Prize (e.g., for the Home Prize, this is Willow Branch Homes). The winner of the Prize will take ownership subject to all applicable federal, state, and local land use restrictions, and to any covenants, rules, fees, or other restrictions (e.g., the homeowners’ association or other community).
Each Prize winner understands and agrees that his/her image and/or voice may be captured or recorded in connection with the Raffle and hereby grants and conveys unto the Sponsor all right, title and interest in any and to all such photographic images and video or audio recordings and all copies thereto made by the Sponsor during the Prize winner’s participation in the Raffle, including but not limited to, any royalties, proceeds or other benefits derived from such photographs or records.
Verification of Potential Winners: ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISION IS FINAL AND BINDING IN ALL MATTERS RELATED TO THE RAFFLE. AN ENTRANT IS NOT A WINNER OF A PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
Taxes/Prize Restrictions
Each Prize winner assumes all fees, local, state and federal taxes (including but not limited to income taxes based on the value of the Prize and current and future property taxes), financing costs (including but not limited to, closing costs, title insurance, and transfer tax and fees) which, for the Home Prize, must be paid when the Prize is transferred to the winner. The winner of the Home Prize agrees that the value of the Home Prize reported by Sponsor for income tax and other purposes will be based on the written appraisal obtained by Sponsor from a licensed appraiser. Sponsor does not guarantee that a winner who receives the Home Prize will be able to sell it for the appraisal value or that the Internal Revenue Service will use that value in its tax calculations.
The Prizes cannot be substituted, assigned, transferred, or redeemed for cash. The Prizes cannot be used in conjunction with any other promotion or offer. Only the Prizes stated in these Official Rules (three (3) Prizes) are available to be won in the Raffle.
With respect to the Prizes (i.e., a prize with a value of more than $5,000), the Internal Revenue Service requires Sponsor to withhold federal income tax at the rate of 24%, or current rate as established by the IRS, and the Home Prize winner must pay the amount of tax to be withheld to Sponsor as a condition of transfer of ownership of the Prize from Sponsor to the winner. All Prize winners will have two (2) weeks from the date Sponsor sends the Affidavit and the Release to sign and return the Affidavit and Release. The Home Prize winner will have six (6) weeks from the return of the Affidavit and the Release to complete the transfer of the property.
Sponsor takes no responsibility for any tax liabilities. The Prize winners are strongly encouraged to consult with a tax professional.
Release and Limitation of Liability
Each Prize winner hereby releases and holds Sponsor and each of the other Released Parties harmless with respect to any claim based on the winner’s acceptance of the Prize. A Raffle entrant’s sole and exclusive remedy for any breach of duty or conduct related to the Raffle shall be limited to the return of the purchase price paid for his or her Raffle tickets. In no event shall any of the Released Parties be liable to any person for any loss or injuries to earnings, profits or goodwill, or for any incidental, special, punitive or, consequential, or other damages of any person or entity, whether arising in contract, tort or otherwise, arising out of the Raffle, use or ownership of the Prizes.
Released Parties are not responsible for lost, incomplete, late, damaged, delayed, garbled, inaccurate, incomplete or misdirected entries, submissions or email messages; failures or malfunctions of phones, phone lines or telephone systems or other communications malfunctions; interrupted or unavailable network, server or other connections, failed computer hardware or software or other technical failures; garbled, lost, misrouted or scrambled transmissions; any error, omission, interruption, defect or delay any transmission or communication; traffic congestion on the Internet; or for any technical problem, including but not limited to, any injury or damage to entrant’s or any other person’s computer related to or resulting from participation in this Raffle; printing, typographical or other errors appearing within these Official Rules or in any Raffle-related advertisements or other materials; or other errors or problems of any kind, whether mechanical, human, technical, electronic or otherwise; or the administration or conduct of the Raffle; or the processing of any entries. Use of any device to automate or subvert the entry process is prohibited and any entries or submissions received through such means will be void. Entries will be disqualified if they contain inappropriate material or language, including profanity.
Disputes: THIS RAFFLE IS GOVERNED BY THE LAWS OF DAVIDSON COUNTY AND THE STATE OF TENNESSEE, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. EXCLUSIVE JURISDICTION AND VENUE FOR ALL MATTERS RELATED TO THIS RAFFLE SHALL BE IN THE STATE COURTS OF DAVIDSON COUNTY, TENNESSEE, OR THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE, NASHVILLE DIVISION, AND SPONSOR AND PARTICIPANTS HEREBY AGREE AND CONSENT TO SUCH JURISDICTION AND VENUE.
As a condition of participating in this Raffle, each participant agrees that any and all disputes that cannot be resolved between the parties and causes of action arising out of or connected with this Raffle, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Tennessee having jurisdiction. Further, in any such dispute, under no circumstances shall any participant be permitted to obtain awards for, and each participant hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorneys’ fees, other than participant’s actual out-of-pocket expenses (i.e., costs associated with entering this Raffle). Participant further waives all rights to have damages multiplied or increased.
CAUTION: ANY ATTEMPT BY ANY PERSON OR PERSONS, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS RAFFLE OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS RAFFLE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY ANY SUCH ENTRANT, AND SPONSOR AND ITS AGENTS RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEY’S FEES) AND OTHER REMEDIES FROM ANY PERSON OR PERSONS RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
General Conditions
All Raffle materials, names, marks, logos and/or other identifications are protected by intellectual property laws and owned by the Sponsor and may not be copied, reproduced or used for any purpose without the express prior written consent of Sponsor, in each case.
If, for any reason, the Raffle is not capable of running as planned, including infection by computer virus or bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor (or any of the other Released Parties) which corrupt or affect the operation, administration, security, fairness, integrity, or proper administration or conduct of this Raffle, Sponsor may, in its sole discretion, void any suspect entries and (a) cancel or terminate the Raffle (or any portion thereof); (b) modify the Raffle or suspend the Raffle to address the impairment and then resume the Raffle in a manner that best conforms to the spirit of these Official Rules; and/or (c) award the Prizes from among the eligible, non-suspect entries received up to the time of impairment, and all eligible entries received.
Registration with the State of Tennessee: Sponsor made application to the Tennessee Secretary of State’s office, and was subsequently authorized by the Tennessee General Assembly to conduct this Raffle.
Winner Identification: For identification of each Prize winner, available after the conclusion of the Raffle Period, through May 31, 2024, send a self-addressed, stamped envelope to:
VUMC
Vanderbilt University Medical Center
Office of Development
3322 West End Ave, Suite 900
Nashville, Tennessee 37203
Attn: Home with Heart Raffle