THE ARIZONA COMMEMORATIVE AIR FORCE MUSEUM WHEELS AND WINGS 2018/2019 FUNDRAISING CHARITY BENEFIT CAR RAFFLE RULES AND REGULATIONS
The raffle is open to all persons age 21 and over who purchase tickets in person or online and reside in a state where the offer is valid (Arizona). The raffle is void where prohibited by law. Directors, officers, and employees of the Arizona Commemorative Air Force, American Airpower Heritage Foundation of AZ (AAHFAZ), and Earnhardt Auto Centers are prohibited from participating in the raffle; however, their families can purchase tickets and have the same chance to win as all other entrants. Prizewinners need not be present to win. By entering the raffle, the purchaser acknowledges that he/she is aware of, and agrees to abide by, these Raffle Rules and Regulations. Raffle ticket prices are one ticket for twenty ($20.00) dollars, three tickets for fifty ($50.00) dollars, and seven tickets for one hundred ($100.00) dollars. A ticket purchase does not qualify as a charitable contribution. Personal checks for ticket purchases should be made out to “American Airpower Heritage Foundation of AZ.” All entries that are mailed, internet or telephone submitted, must be received by AAHFAZ no later than 3:00 pm (MST – Arizona) on Friday, March 15, 2019. In-person ticket sales will continue until one-half hour before the raffle drawing to be held on March 16, 2019. All entries must include payment by personal check, bank check or credit card (American Express, Visa, MasterCard and Discover Card). For credit card purchases, the raffle ticket purchaser must provide his/her full name, billing address, telephone number of the cardholder, and the credit card number and expiration date per the requested information on the entry form or ticket stub.
No refunds will be made, except as otherwise determined by AAHFAZ in its sole and absolute discretion. AAHFAZ reserves the right, in its sole and absolute discretion to disqualify: false entries, entries suspected of being false, illegible entries, defective entries, incomplete entries, physically altered entry forms, and entries that do not include valid or complete payment. AAHFAZ is not responsible for printing errors in any raffle-related material or for lost, late, misdirected or non-delivered mail or corrupt internet messages, or any other failure to receive orders or delivery receipts prior to the drawing deadlines. All entries become the property of AAHFAZ and will not be returned. AAHFAZ reserves the right to withdraw this offer at any time. If for some reason at the discretion of the AAHFAZ the raffle is cancelled prior to the drawing, all ticket purchases will be refunded.
- GRAND PRIZE
Must be a licensed driver of the United States with proof of vehicle insurance to qualify for winning. Similar vehicles will be used for promotion and display but actual prize-vehicle may vary in exact price and equipment from that which is used for display purposes. Exact prize-vehicle will be determined upon selection by qualified winning candidate. Estimated MSRP value of vehicle may range from $37,000 to $42,000 depending on which of the 4 available vehicles is selected; but such “MSRP” valuation is used solely for the purpose of vehicle identification and/or selection and is not to be considered a monetary amount for distribution. Actual purchase price of prize-vehicle will vary from the listed MSRP – based on special discounts or rebates received by Arizona Commemorative Air Force Museum – and such aforementioned purchase price will be paid for by Arizona Commemorative Air Force Museum. Winner may be responsible for 1099 taxation and all applicable, associated, and necessary expenses such as sales tax, title, license and up to $499 documentation fee. There are no prize substitutions in lieu of vehicle. Cash will not be distributed in lieu of vehicle. Winner may select a new Cadillac XT5 (FWD) SUV, Buick Cascada Convertible Premium, Toyota Tacoma TRD Off-Road 4×4, or Toyota Camry XSE V6. No vehicle substitutions allowed. Winner must select from one (1) of the listed prize options. Substitution of color may be available at time of delivery, subject to availability. Additional options such as accessories, trim upgrades or extended warranties may be added to the vehicle at Winner’s sole expense, subject to vehicle availability. The Grand Prize winner is responsible for transport of the vehicle and any costs involved in its transport and or storage. Any other fees, in connection with the Grand Prize, are the sole responsibility of the Grand Prize winner. AAHFAZ will issue IRS Form W2G for any prizes of $600 or more. The Grand Prize winner must submit his/her choice of one of the above four vehicles in writing to AAHFAZ no later than fifteen (15) days after the Grand Prize drawing. Delivery of the vehicle will be handled by Earnhardt Auto Centers. Up to $500 in shipping costs will be paid to the winner of the vehicle by AAHAZ in order to ship the vehicle to the owner’s destination provided the owner is out-of-state and has no other way to take possession of the vehicle.
- ADDITIONAL PRIZES
Four additional prizes will be delivered to selected winners by email or U.S. mail to the name and address provided on the Entry form. No prize substitution or exchange allowed. If winner is not eligible to fly based on our ride requirements, winner may provide prize to an eligible person. Prize may not be redeemed for cash equivalent.
- Second Prize:An exclusive ride in a WWII B-17 Bomber “Sentimental Journey” airplane for a total of 8 people. Retail value: $4,250.
- Third Prize:An exclusive ride in a WWII C-47/DC-3 “Old Number 30” Cargo airplane for a total of 10 people. Retail value: $1,500.
- Fourth Prize:A ride in a WWII SNJ Pilot Trainer airplane for one person. Retail value: $360
- Fifth Prize: A ride in an open cockpit WWII Stearman airplane for one person. Retail value: $300.
Each passenger must meet the requirements below:
AIRCRAFT RIDE DISCLAIMERS
Every passenger will need to fill out a Hold Harmless agreement/Manifest with the Arizona Commemorative Air Force Museum. Winner may also need to fill out an additional agreement depending on aircraft. Minors who fly (age 5-17) must have their parent/legal guardian complete a Minor Hold Harmless agreement and the parent/legal guardian(s) must be present on the day of flight.
All passengers must be 12 years and older to ride the following aircraft:
- Aeronca L-16 Grasshopper
- Boeing B-17 Bomber
- Boeing PT-17 Stearman
- North American B-25 Mitchell Bomber
- North American SNJ-T6 Texan
Passengers between 5 and 11 years of age are eligible to fly the following aircraft if a parent/legal guardian flies with them:
- Beechcraft C-45 Expeditor
- Douglas C-47/DC-3 “Old Number 30” Cargo
All passengers must be able to climb into aircraft via a 3-step or 6-step ladder. Passengers in the SNJ or Stearman must be able to swing a leg over the side and into the cockpit.
All passengers must check in for the flight one hour before departure time. Those passengers not checking in one hour before flight are considered a “no show” and will forfeit their prize.
The Arizona Commemorative Air Force Museum reserves the right to cancel or delay any flight due to illness of essential aircrew, unexpected maintenance, or weather issues. In such cases a rescheduled flight will be offered.
The raffle begins on March 17, 2018. The raffle is registered through an application by AAHFAZ with the Attorney General’s Office in the State of Arizona. The raffle drawing is March 16, 2019 at approximately 7:00 pm to 8:00 pm (MST – Arizona) at the “Night in the 40’s Big Band Dance” at the Arizona Commemorative Air Force Museum, 2017 N. Greenfield Rd, Mesa, Arizona 85215. Following the raffle’s close, winners will be determined by a random drawing. The names of the winners will be announced at the drawing. Raffle ticket purchasers whose ticket numbers are drawn will be deemed the winner of the prize for that particular selection. These winners will be notified by email, telephone and/or U.S. Mail using the information provided on the Entry Form. If any winner cannot be located or fails to respond to attempts to contact them within thirty (30) days after AAHFAZ’s first attempt to contact them, such winners will be deemed to have forfeited their prize and another winner will be drawn. The prize may be forfeited if the winner cannot be reached or cannot accept or receive the prize for any reason. Winners grant permission for the use of their names, photographs/likenesses for advertising and promotion for this and similar promotions without compensation, unless prohibited by law. A list of all prizewinners will be posted on the raffle website on or about March 30, 2019. Any tickets and money turned into the AAHFAZ after the raffle’s close will be returned to the buyer. All tickets will be recorded on a first-come, first-served basis. Tickets may be purchased either by mail, internet, in person or www.wheelsandwingsraffle.com. All proceeds will benefit the American Airpower Heritage Foundation of AZ, the non-profit 501(c)(3) organization that supports the efforts of the Arizona Commemorative Air Force Museum.
- RULES AND LIABILITIES
The raffle is subject to these Official Rules. These Official Rules shall not be changed by any oral statement made by any person who is acting on behalf of AAHFAZ or Earnhardt Auto Centers. By participating, ticket purchasers agree to the following: To be bound by these complete raffle rules and the decisions of AAHFAZ which shall be final and binding; and to waive any right to claim ambiguity in the raffle or these Official Rules, except where prohibited by law. By accepting a prize, the winner agrees to release AAHFAZ, its officers and members, representatives and agents, and any person or entity associated with the production, judging, or administration of the raffle from and against any claims, damages, disability, attorneys’ fees, and costs of litigation and settlement, as well as any liability due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from redemption, acceptance, possession, ownership, misuse or use of any prize or participation in any raffle-related activity or participation in this raffle.
Except where prohibited by law, the winner’s purchase of a raffle ticket and acceptance of a prize constitutes permission for AAHFAZ to use the winner’s name, photograph, likeness, statements, biographical information, voice, and city and state address for promotional or advertising purposes in connection with this raffle on a worldwide basis, and in all forms of media, now or hereafter known, in perpetuity, without review, permission or further compensation.
Winners may be responsible for 1099 taxation. Taxes are the sole responsibility of the winners. Selected winners will receive an IRS Form W2G and the amount of the winnings (at the Estimated Retail Value) will be reported to the IRS of any awarded prizes of $600 or more. Each ticket purchaser is advised to consult his or her own tax advisor(s) with respect to the tax liabilities that may arise from winning a prize in this raffle. The ticket purchase price does not qualify as a charitable contribution.
Raffle ticket purchasers’ information collected will be used to contact the winner of the raffle and for email communications about the raffle or activities surrounding the Arizona Commemorative Air Force Museum. Purchasers may opt out of these communications at any time. No information will be sold or shared with any third-party websites or companies.
- WINNER’S AFFIDAVIT
Winner agrees to sign an affidavit of eligibility, certifying that the winner complied with all raffle Official Rules. Winner also agrees to sign a contractual release of any liability related to winner’s acceptance, use or misuse of the prize, or for any damages, injuries, actions or other legal claims against the American Airpower Heritage Foundation of AZ or Earnhardt Auto Centers for entering the raffle or using the prize.
- WINNER’S RESPONSIBILITY
The winner will assume responsibility for all licensing, registration and all other fees, and any local, state and federal taxes, including without limitation all applicable sales, use, luxury, income and special taxes. The Grand Prize winner must make a payment of tax, equivalent to the required tax withholding based on the fair market value of the vehicle, as required by the Internal Revenue Service. AAHFAZ is responsible for providing the Grand Prize winner with either a new Cadillac XT5 SUV, a new Buick Cascada two door convertible Premium, a new Toyota Tacoma TRD Off-Road double cab 4×4 truck or a new Toyota Camry XSE V6 – whichever one the winner selects. Grand Prize valued between $37,000 and $42,000 MSRP as determined by Earnhardt Auto Centers. Actual price value determined at time of drawing. Similar vehicles will be used for promotion and display. The Grand Prize winner assumes any additional expense. The vehicle is untitled and provided in new condition by the dealership with acceptable delivery mileage and will be supplied with the manufacturer’s warranty and other guarantees as provided by the manufacturer. THE AMERICAN AIRPOWER HERITAGE FOUNDATION OF AZ AND EARNHARDT AUTO CENTERS SPECIFICALLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING THE PRIZE.
- GENERAL RAFFLE INFORMATION
AAHFAZ reserves the right to disqualify any entrant it finds to be tampering with the entry process or the operation of the raffle or violating these Official Rules and reserves the right to cancel the raffle should it suspect fraud or for reasons out of the control of AAHFAZ. Disputes regarding these Official Rules and/or this raffle will be governed by the internal laws of the State of Arizona. Any claim(s) or controversy between any of the raffle participants and AAHFAZ arising out of or relating to the raffle and or the raffle rules and regulations will be settled by binding arbitration administered in Maricopa County, AZ. Any attempts made to tamper or undermine the raffle or reputation of AAHFAZ may be in violation of criminal and civil laws and will result in disqualification from participation in the raffle. Should any attempt be made, AAHFAZ reserves the right to seek remedies and damages, including all fees, such as attorney fees and court costs, to the fullest extent of the law, including criminal prosecution. A raffle winner’s sole and exclusive remedy for any claim against AAHFAZ arising out of the sale of raffle tickets or the conduct of the raffle will be limited to the return of the purchase price paid for the raffle ticket(s). In no event will AAHFAZ, its directors, officers, agents or representatives be liable to any party for any loss or injury, to earnings, profits or goodwill, or for any incidental, special, punitive or consequential damages of any person or entity whether arising in contract, tort or otherwise, even if advised of the possibility of such damages.
- FORCE MAJEURE
Neither AAHFAZ, the Arizona Commemorative Air Force, or Earnhardt Auto Centers shall be in default or otherwise liable for any delay in or failure of its performance of the raffle if such delay or failure arises by any reason beyond reasonable control, including any act of God, any acts of the common enemy, the elements, earthquakes, floods, fires, epidemics, riots, failures, or delay in transportation or communications, or any act or failure to act by the other party or such other party’s employees, agents or contractors.
- GOVERNING LAW
Should a dispute arise between a raffle ticket purchaser and AAHFAZ, the Arizona Commemorative Air Force or Earnhardt Auto Centers, purchaser agrees that the laws and jurisdiction of the State of Arizona shall govern all cases, controversies, and legal issues.