Rules, Regulations and Tax Information
Are the Raffle Tickets tax-deductible?
- No – see IRS Publication 526, page 7
Does the winner of the Cabo Luxury Vacation Package have to pay taxes on the prize?
- Eagle Ranch will pay withholding to the IRS 33.33% of the FMV of the winnings on the winner’s behalf. IRS Notice 1340 (https://www.irs.gov/pub/irs-tege/notice_1340.pdf) states that raffle prizes are taxable, and that the tax-exempt organization is required to collect 25% of the FMV of the prize from the winner if the prize is over $5,000.00 The other option is the organization paying a withholding tax of 33.33% and report the withheld amount on Form 945.
What other information do I need to know?
- Winner of the Cabo Luxury Vacation Package will be required to provide Name, Address, and Social Security Number to Eagle Ranch.
- Winner of the Cabo Luxury Vacation Package will be required to complete IRS Form 5754 and IRS Form W9.
- No one under the age of 18 years old may participate.
- No employees of Eagle Ranch may participate.
EAGLE RANCH RAFFLE RULES:
Description: The Eagle Ranch Raffle (the “Raffle”) is a fundraiser conducted by Eagle Ranch, Inc., a Georgia Nonprofit Corporation with an address 5500 Union Church Road, Flowery Branch, Ga. (“Eagle Ranch”). By purchasing a ticket for the Raffle (“Raffle Ticket”), each eligible entrant (each, an “Entrant”) represents that they meet all of the below-stated eligibility requirements and agrees to be bound by these Official Raffle Rules, by all applicable laws, ordinances, and regulations, and by the decisions of Eagle Ranch or its authorized representatives. The Raffle is void where prohibited. By purchasing a Raffle Ticket, the Entrant acknowledges that he or she is aware of, and agrees to be bound by, these Official Rules and Eagle Ranch’s sole interpretation of any such Official Rules. Eagle Ranch shall be responsible for interpreting and applying the Official Rules. Eagle Ranch’s interpretation and application of such rules shall be final. By entering, participants (a) agree to be bound by the Official Rules, (b) that the decisions of Eagle Ranch are final on all matters relating to the Raffle, (c) release Eagle Ranch and each of their respective officers, directors, board members, volunteers, employees and agents from any and all liability, loss, or damage arising out of their participation in the Raffle or with respect to the awarding, receipt, possession, use and/or misuse of any prize. Eagle Ranch reserves the right to cancel the Raffle or change any element thereof, with or without notice, at any time, due to printing errors or other mistakes in the production of the Raffle.
Raffle Period: Raffle Tickets are sold between September 30, 2022 at 12:00 am Eastern Time and October 4, 2022 at 5:00 pm (or 5 minutes before Raffle drawing, whichever comes first). For individuals not golfing and not present the day of the tournament, tickets must be purchased by Monday, October 3, 2022 at 3:00 pm EST.
To Enter: Raffle Tickets are $20.00 per ticket or $100 for six tickets. Only one (1) Entrant may be entered in the Raffle per Raffle Ticket sold. If the name of more than one (1) person is provided on an entry form and that Raffle Ticket is selected as a winning ticket, then the person named first will be deemed as the holder of record of that Raffle Ticket and declared the winner. The division of any prize among a group of persons purchasing a Raffle Ticket in common shall be to the sole responsibility of the person named as the holder of record of that Raffle Ticket should that Raffle Ticket be selected as a winner.
Eagle Ranch is not responsible for resolving any disputes that may arise from different individuals listed on a winning Ticket. Raffle Tickets will be sold until October 4, 2022 at 5:00 pm (or 5 minutes before Raffle drawing, whichever comes first). An individual can purchase as many Tickets as he or she may wish, subject to availability. Tickets may be purchased in person at the golf tournament on October 4, 2022 or online at https://givebutter.com/GolfRaffle. All entries must include payment by cash, credit, debit card, PayPal, Venmo or ApplePay. Eagle Ranch reserves the right to reject any entry form that is submitted without proper payment. Upon receipt and acceptance by Eagle Ranch of a proper entry form, a receipt (ticket stub or other documentation) of purchase will be provided to the purchaser. It is the purchaser’s responsibility to provide a valid, deliverable mailing or email address to Eagle Ranch.
All Raffle Ticket purchases must be made during the Raffle Period. Eagle Ranch, its representative(s) and/or any related entities are not liable for any lost, late, misdirected, incomplete, illegible, undelivered, or destroyed Raffle Tickets regardless of cause or the person responsible, including, but not limited to, any problem or technical malfunction of any computer, online system, or server or technical problem. No refunds are made, except as otherwise determined by Eagle Ranch in its sole discretion. All Raffle Ticket sales are final. There are no refunds.
Eligibility: The Raffle is open to any individual who is 18 years of age or older. The Raffle winner or a representative of the winner must be present to redeem prize. All federal, state, and local laws and regulations apply. The Raffle is void where prohibited by law.
Random Drawing: The winning entries will be determined by Eagle Ranch on October 4, 2022. The potential winner will be announced on October 4, 2022 and may be awarded the prize subject to verification of eligibility and compliance with the terms of these Official Rules. Failure by potential winner to respond to the initial verification within thirty (30) days of notification will result in forfeiture of prize and a drawing of a new winner.
Prizes: Winner responsible for all taxes and any other expenses not listed above. Winner must arrange prize transfer with Eagle Ranch. Eagle Ranch makes no representation or warranty that prize can be sold, bartered, or traded for or at the stated value. The Prize is non-transferable, and no substitution will be made except as provided herein at Eagle Ranch’s sole discretion. Eagle Ranch reserves the right to substitute the listed prize for one of equal or greater value for any reason. Winner is responsible for all taxes and fees associated with prize receipt and/or use except as described below in Taxes. All federal, state, and local tax liabilities, as well as any other costs and expenses not specified herein as being awarded are the sole responsibility of the Winner. Prize will be awarded only if the potential prize winner fully complies with these Official Rules.
Taxes: Each Entrant acknowledges that they have been informed that the IRS has taken the position that amounts paid for chances to participate in raffles, lotteries, or similar programs are not gifts and, therefore, the price of a Raffle Ticket does not qualify as a deductible charitable contribution. Eagle Ranch shall be responsible for any Federal income taxes on such raffle prize, pursuant to IRS Notice 1340. Winner is further responsible for any travel or additional charges incurred to accept the prize.The Winner may be required to provide name, address, date of birth, and social security number to Eagle Ranch for tax reporting.
Claiming the Prize: Each Winner must provide Eagle Ranch with all information required to claim the Prize (including tax identification information). Upon the request of Eagle Ranch, the Winner must sign and return to Eagle Ranch a liability/publicity release and/or affidavit of eligibility (the “Required Documentation”) by a date determined by Eagle Ranch in form and substance satisfactory to Eagle Ranch in order to be eligible to receive the Prize. If (i) any of the Required Documentation is not completed, signed, and/or returned within the stated time, (ii) the Winner is deemed by Eagle Ranch to be ineligible or not to have complied with these Official Raffle Rules, or (iii) the Winner refuses to accept or fails to claim the Prize, then the Prize will be forfeited by the Winner and retained by Eagle Ranch and a second Winner drawn. The Prize will be utilized within fifteen (15) months of the Winner delivering the winning Raffle Ticket and executed Required Documentation to Eagle Ranch. For security and safety reasons, no cash payments will be made to the Winner.
Transfer of Raffle Ticket: Raffle Tickets may not be resold to any other party. Any Raffle Ticket which has been resold is void. All individuals who re-sell, purchase, or receive a Raffle Ticket in violation of these Official Raffle Rules are ineligible to enter the Raffle or to win the Prize.
Entrant Grant of Rights: Raffle entrance and/or Prize acceptance constitutes a release granting Eagle Ranch the right to use each Entrant’s name, likeness, statements (if true), biographical information, voice, and cities and states of residence for advertising, marketing, and publicity purposes on a worldwide basis (without review by the applicable Entrant) and in all forms of media, without compensation, remuneration, or other authorization. Eagle Ranch expressly disclaims any responsibility or liability in connection with injury or loss to any person or property relating to redemption of the Prize. Eagle Ranch makes no representations or warranties in connection with the Prize. Restrictions, conditions and limitations apply. Each Entrant hereby releases and waives any claims (actual or alleged), demands, damages, losses, liabilities and causes of action arising from (in whole or in part) or in connection with Eagle Ranch’s use (or its designee’s use) of such Eagle Ranch’s name, likeness, statements (if true), biographical information, voice, and cities and states of residence, including, without limitation, any claims for defamation, libel, invasion of privacy, publicity, personality, or exploitation of such Eagle Ranch’s name or likeness.
Raffle Conditions: The Raffle is governed by and subject to all applicable federal, state, and local laws. By entering the Raffle, Entrants waive any right to claim ambiguity in the Raffle or in these Official Raffle Rules. Any violation of these Official Raffle Rules may result in disqualification and any violation of these Official Raffle Rules by the Winner shall disqualify the Winner from the Raffle and all privileges as the Winner of the Raffle shall be immediately terminated. ENTRANTS RELEASE, DISCHARGE, AND AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS EAGLE RANCH AND EACH OF ITS RESPECTIVE DIRECTORS, VOLUNTEERS, BOARD MEMBERS, OFFICERS, MANAGERS, EMPLOYEES, PARENTS, DONORS, AFFILIATES, AGENTS, AND REPRESENTATIVES (COLLECTIVELY, THE “RELEASED PARTIES”) FROM AND AGAINST ANY LIABILITY FOR ANY DAMAGES, INJURY, OR LOSSES, TO ANY PERSON (INCLUDING DEATH), OR PROPERTY, OF ANY KIND RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY FROM ACCEPTANCE, POSSESSION, MISUSE OR USE OF THE PRIZE OR PARTICIPATION IN ANY RAFFLE-RELATED ACTIVITY OR PARTICIPATION IN THE RAFFLE.
Disqualification; Changes: Eagle Ranch may, in its sole discretion, disqualify any individual that tampers or attempts to tamper with the operation of the Raffle, re-sells a Raffle Ticket, violates these Official Raffle Rules, or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. EAGLE RANCH may, in its sole discretion, cancel, suspend and/or modify the Raffle or these Official Raffle Rules, or disqualify any individual or Raffle Ticket for purposes of protecting the integrity of the Raffle or addressing changes in business operations or other circumstances, to the extent allowed under applicable law. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR RAFFLE/GIVING APP OR UNDERMINE THE LEGITIMATE OPERATION OF THE RAFFLE IS A VIOLATION OF THESE OFFICIAL RAFFLE RULES AND OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, EAGLE RANCH MAY SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
Cancellation; Termination of Raffle: By purchasing a Ticket and choosing to participate in the Raffle, each Raffle participant acknowledges and agrees that EAGLE RANCH has the right, in its sole discretion, to elect not to proceed with the Raffle 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 Ticket purchased, without interest.
Governing Law; Disputes: The Raffle is governed by the laws of the State of Georgia without giving effect to any choice of law or conflict of law rule of any jurisdiction. Any claims regarding the Raffle that are not released, must be brought in the exclusive jurisdiction of Hall County, Georgia, and each Entrant hereby consents to the personal jurisdiction of such courts for purposes of any such action. The Raffle is void outside the United States and where prohibited by law. Each Entrant agrees that: (a) any and all disputes, claims, and causes of action not waived arising out of or in connection with the Raffle or the Prize shall be resolved individually, without resorting to any form of class action; (b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Raffle, but in no event attorneys’ fees; and (c) under no circumstances may Entrant obtain awards for, and Entrant hereby waives all rights to claim punitive, incidental, and consequential damages, and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. IN NO EVENT SHALL EAGLE RANCH OR ANY OF THE RELEASED PARTIES BE LIABLE FOR DAMAGES THAT EXCEED THE VALUE OF THE PRIZE TO ANY INDIVIDUAL ENTRANT IN THE RAFFLE.
Results: For Raffle results, send a written request with your name, address and phone number to “Raffle Results – EAGLE RANCH c/o Kelly Brewer, 5500 Union Church Road, Flowery Branch, GA 30542. Requests for the Results must be received within 45 days of when the Winner is finalized.