OLOL CHILDREN'S HOSPITAL LUXURY CONDO RAFFLE TERMS AND CONDITIONS
Thank you for supporting the OLOL Children's Hospital Luxury Condo Raffle Giveaway conducted by Our Lady of the Lake Foundation (OLOLF). The luxury condo raffle provides participants with the opportunity to win a three bedroom, two bathroom condominium at the Crescent at University Lake located at 990 Stanford Avenue, Baton Rouge, Louisiana 70808 (hereinafter the "Property"). Tickets are $100.00 each, with proceeds benefitting the future, freestanding Our Lady of the Lake Children's Hospital. The drawing will be held on November 15, 2016. Participants who purchase a ticket before 12:00 AM (midnight) on Thursday, October 27, 2016, will be entered into an "early bird" raffle for four (4) Stadium Club tickets to the LSU vs. Alabama football game plus a parking pass. The winner of the "early bird" raffle will still be entered into the final raffle of condo. Where applicable, the terms "Winner" and "Purchaser" used throughout this document may be used interchangeably.
The following Terms and Conditions shall apply:
- A ticket represents a chance to win the opportunity to accept an offer of the stated prize on these terms and conditions and, upon winning, those in the "Winner Notification Agreement," the terms of which are incorporated herein by reference. If you hold a ticket or a receipt, your ticket has been entered in the raffle, subject to these terms and conditions. Winning tickets shall be selected by random drawing and all participants have an equal opportunity to win. Tickets, receipts and the winners' rights are not transferable or otherwise assignable without the prior written consent of OLOLF.
- Winner need not be present to win.
- Winner must accept prizes "AS IS, WHERE IS", subject to all latent and patent conditions, with absolutely no express or implied warranties of any kind by OLOLF. Winner accepts the Property in its condition as existing at the time of this Trustee’s Deed. BOTH OLOLF AND/OR COURTYARD AT LAKESHORE LLC MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THE CONDITION OF THE PROPERTY, THE FITNESS OF THE PROPERTY, IMPROVEMENTS OR PERSONAL PROPERTY FOR ANY PURPOSE OR INTENDED USE, THE PRESENCE OR ABSENCE OF APPARENT OR HIDDEN DEFECTS, THE PRESENCE OR ABSENCE OF ENVIRONMENTAL CONTAMINATION, OR THE COMPLIANCE OF THE PROPERTY WITH ANY LAWS, RULES OR REGULATIONS, ALL OF WHICH WARRANTIES ARE HEREBY WAIVED BY WINNER. Winner acknowledges and declares that neither OLOLF nor Courtyard at Lakeshore LLC nor any other party, whomsoever, acting or purporting to act in any capacity whatsoever on behalf of OLOLF or Courtyard at Lakeshore LLC, has made any direct, indirect, explicit or implicit statement, representation or declaration, whether by written or oral statement or otherwise, and upon which Winner has relied, concerning the existence or non-existence of any quality, characteristic or condition of the Property. Winner expressly waives the warranty of fitness and the guarantee against hidden or latent vices (defects in the Property transferred which render it useless or render its use so inconvenient or imperfect that Winner would not have accepted it had she known of the vice or defect), including (to the extent even applicable) those provided by Louisiana Civil Code articles 2475 and 2520 et seq., and any other applicable state or federal law, and the jurisprudence thereunder.
- Courtyard at Lakeshore LLC separately warrants, and Purchaser hereby acknowledges, agrees and consents, that the new owner/winner conform to all association Rules and Regulations and the Declaration and pay all required dues, assessments and fees. A copy of these materials are available for review upon request in the Our Lady of the Lake Foundation office. Winner hereby agrees and consents that prior to the transfer and/or delivery of the Property to Winner, Winner agrees to execute a Right of First Refusal in favor of the developer of the Property in the event Winner chooses to sell the Property at any time.
- Winner will be notified by phone and in writing in accordance with the notice requirements set forth in the Winner Notification Agreement ("WNA"), Winner will have seven (7) days from the date of receipt of the WNA to accept the prize by executing and returning the WNA pursuant to the terms stated therein. Failure to execute and return the WNA and accept the prize "as is," timely, and pursuant to the terms stated in the WNA, will automatically result in forfeiture of the prize, with no substitution or alternative prize available to the original winner. In the event of forfeiture, a new winner will be selected. All prizes remain the sole property of OLOLF until unconditionally accepted "as is, where is" by winner.
- Prize will not be awarded, and will be forfeited, if the ticket was issued in exchange for a check returned for "insufficient funds" or for a credit card charge deemed "declined," "invalid," or "stolen."
- In lieu of receiving or accepting the Property as the grand prize, within seven (7) days from the date of receipt of the WNA, Winner has the right, at its sole discretion, to elect to accept a cash settlement of $50,000 and forego Winner’s rights to receiving the grand prize of the Property. No other substitution or exchange shall be permissible for any reason.
- The IRS has adopted the position that the $100 ticket price is not deductible as a charitable donation for Federal income tax purposes.
- All sales of raffle tickets are final and there will be no refunds.
- OLOLF does not rent or sell its donor or supporter list information to third parties.
- Acceptance of a prize is permission for OLOLF to use the name, picture, video image, and relevant quotes of winner. Additionally, acceptance of a prize is agreement by the winner that the prize will not be used for further fundraising.
- Winner is subject to and responsible for payment of all Federal and State income taxes and any other taxes payable due to acceptance of the prize and the law, regulations, procedures, rules and directives applicable to raffles. All federal, state and local laws relating to the transfer, ownership or use of the prize apply. Prize shall not be transferred until all legal requirements have been met, and any sale is subject to developer’s Right of First Refusal. Winner of the house agrees that the written determination of a licensed appraiser obtained by OLOLF will be used to determine the value of the house for income tax and all other purposes. The IRS requires that taxes on prizes valued greater than $5,000 must be paid upon acceptance and before OLOLF may deliver the prize to the winner. Winners are encouraged to consult a tax professional.
- The winner accepting the OLOL Children’s Hospital Luxury Condo, i.e. the Property, will be subject to all applicable laws and regulations including covenants and/or restrictions of the development or subdivision and shall be subject to all fees, assessment and dues associated therewith.
- Employees of WAFB-TV LLC, OLOLF, OLOLF Officers, OLOLF Board Members, Our Lady of the Lake Hospital (“OLOL”) Corporate Officers, OLOL Board Members and their immediate families are not eligible to participate. "Immediate Family" is defined as the spouse, parents, grandparents, great-grandparents, brothers, sisters, children, grandchildren, and great-grandchildren of the employee and his/her spouse. This definition also includes individuals for whom an employee is the current legal guardian or individuals who are not legally related to but who reside with an employee. ("Step" relationships also are covered by this definition.) The determinations of OLOLF and the OLOLF Board Members are final and binding with respect to any matter arising out of the interpretation or application of these terms and conditions.
- Must be a U.S. resident (excluding Puerto Rico) and 18 years of age or older to participate and to win any prize.
- Only an individual, as opposed to any organization such as, but not limited to, a corporation, partnership, joint venture, non-profit of any kind, or unincorporated association may be the recipient of any prize.
- 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 is 18 years old or older and a U.S. resident (excluding Puerto Rico). It is the sole responsibility of the Winner in a multiple party entry to allocate any prize among the participants in that entry and OLOLF shall have no responsibility whatsoever to distribute and/or transfer the Property or prize to any other person or entity other than to the first name listed on the entry as the Winner.
- Void where prohibited by law.
- This is not a solicitation.