The Forbes Foundation "Make a Dream Come True" Fundraiser Official Rules and Regulations
ELIGIBILITY
A participant must be a legal resident and 18 years of age or older at the time of entry to receive fundraiser tickets, or to win a prize. To claim a prize, an entrant will be required to show photo identification. Acceptable forms of identification will include any one of the following: 1) Current valid driver's license from any state, 2) Current valid passport from any country, 3) Current state I.D. card from any state or 4) United States military I.D. A valid taxpayer identification number will also be required from prize winners.
Directors, officers and employees of The Forbes Foundation and members of their households are not eligible to participate in any of the drawings associated with "The Forbes Foundation Make a Dream Come True Fundraiser."
TICKETS
No purchase is required to receive a fundraiser ticket. Every participant understands and agrees to the following:
- This is a fundraiser only.
- All monies are considered donations and NOT a purchase.
- All tickets are considered to be free tickets (donor and non-donor).
- We are requesting $25 donations. However, there is NO donation limit.
- All donations are non-refundable.
- Ticket(s) are valid for one year from date of issue or until the drawing for the Grand Prize, whichever is later.
- Ticket(s) issued in the first fundraiser are valid until May 1, 2011, or until the drawing for the Grand Prize, whichever is later.
Ticket(s) may be obtained on the webpage www.ForbesFoundationHawaii.org . To receive a fundraiser ticket by U.S. Mail, name, complete address, and phone number must be mailed to The Forbes Foundation, 4348 Waialae Avenue, #378, Honolulu, HI 96816, requesting a fundraiser ticket for "The Forbes Foundation Make a Dream Come True Fundraiser". Partial information will NOT be accepted or processed until information is complete. A fundraiser ticket will be sent to the person requesting the ticket. Only one request per envelope is permitted. All requests and envelopes must be hand written. In addition, for each $25 cash donation, the donor will receive one fundraiser ticket as a gift. There is no donation limit. Only one name per ticket is allowable. Fundraiser tickets will be distributed until 11:59 p.m.(Hawaii Time) the day before the drawing, or the maximum number, of tickets are distributed, whichever occurs first. The fundraiser will continue until the fundraiser goal is met. Donation amounts will be recorded on the website weekly beginning December 1, 2010. Once the donation goal amount has been reached, the drawing date will be within 14 calendar days. The drawing date will be posted on the Forbes Foundation website, at least fourteen (14) calendar days before the drawing. At the time of that posting all U.S. Mail entries received will be assigned a ticket, be entered into the prize drawing database, but will NOT be physically mailed to the participant until approximately twenty-one (21) calendar days after the drawing. The winner of the Grand Prize will be announced at 5:00 p.m. Hawaii time, the evening of the drawing. The entrant need not be present to win. An independent notary public will supervise the drawing.
The Grand Prize will be given away shortly after the fundraiser goal is met. However, if the goal is not reached by December 31, 2012, one winning ticket will be drawn and the available proceeds will be distributed to the winner as a down payment on a home or a mortgage paydown toward the winner's existing mortgage. Twenty percent of the proceeds will be set aside to purchase prizes.
Online tickets will generate the unique ticket number during the online session. This is the number entered into the prize database. No paper tickets will be mailed for online entries. Persons donating by mail will be given the unique ticket number when their request is opened. The U.S. mail entries will be processed in the order of receipt. No in-person, fax or phone orders will be accepted. The Forbes Foundation assumes no responsibility for lost, late, misdirected or non-delivered mail.
All ticket distributions are final. Tickets may not be changed, sold or transferred by the entrant or anyone else. No refunds will be made. Only the name (one name per ticket) of the ticket holder provided on the ticket registration form will be eligible to receive prizes.
PRIZES
In the event that any prize winner does not accept their prize, no other prize will be awarded or substituted, and a new ticket will be drawn for that prize. Any prize is provided "as is" and "where is" with no express or implied guarantees or warranties by The Forbes Foundation.
The Forbes Foundation will make the following efforts to contact prize winners, using the information provided by the prize winner: 1) the prize winner will be called, 2) the prize winner will be sent a letter via US Postal Service certified mail, 3) the prize winner's name will be posted on The Forbes Foundation website. Each winner will have ten (10) days from the time of the announcement to claim their prize. In the event that a prize is not claimed within ten (10) days of the announcement, the prize will be forfeited and a new winning ticket will be drawn. A list of winners can be obtained at www.ForbesFoundationHawaii.org or by sending a written request with a self-addressed, stamped envelope to: The Forbes Foundation, 4348 Waialae Avenue #378, Honolulu, HI 96816.
All winners must produce their winning ticket with one of the acceptable forms of identification listed above to claim their prize. Their ticket number will be then be verified by matching it with the information in The Forbes Foundation's records.
Taxes, if any, are the sole responsibility of the winner. A W-9 must be completed by all winners whose prize is valued at more than $600.00. Any withholdings applicable to the prize will be required at the time of transfer of such prize to the winner. Each ticket holder is advised to consult his or her own tax advisor with respect to the tax liabilities that may arise from winning a prize in this fundraiser.
GRAND PRIZE
The Grand Prize winner will receive "The Forbes Foundation Make a Dream Come True" home (the "Home"), located in Hawaii (except as set forth below). Interior decorations and furnishings are for display purposes only, and are not included as part of the Grand Prize. The Home is provided "as is" and "where is" with no express or implied guarantees or warranties by The Forbes Foundation. The Forbes Foundation does not accept any liability or responsibility regarding the construction or condition of the Home.
The Forbes Foundation does not presently own the Home but has entered into a purchase agreement to purchase the Home and anticipates closing the purchase on or before April 30, 2011. The fundraiser is donation driven and not date driven. The prize given away will depend on achieving the goal of $2,500,000 that is set by this fundraiser. If the goal amount is doubled in one year, two homes will be obtained by The Forbes Foundation and given away. Additional, if the goal amount is doubled within one calendar year, five people will be picked and their school loans will be paid as follows. Their first two applicants' load will be paid in full and three others will paid up to $50,000. Donation amount levels will be reported on the website weekly beginning December 1, 2010. The Forbes Foundation currently owns the additional prizes. The home prizes and corresponding dollar thresholds for distributing these prizes are as follows:
| $2.500,000+: |
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The Home (Winner pays IRS taxes) -or- Mortgage Paydown - 50% of the Grand Prize home value (The Forbes Foundation pays IRS taxes) |
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| $5,000,000+ |
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Double the original goal within one calendar year. 2nd Home (Winner pays IRS taxes) -or- Mortgage Paydown - 50% of the Grand Prize home value (The Forbes Foundation pays IRS taxes) -and- Five People Will Have School Loans Paid (Two school loan holders will have their school loans paid in full and three additional school loan holders have up to $50,000 paid on their school loans.) |
The Forbes Foundation makes no claim whatsoever that the Grand Prize winner will be able to sell the Home for its appraised value, nor is there any guarantee that the Internal Revenue Service (IRS) or any state tax agency will accept that value of the Home for the purpose of determining any income tax that may be due from the Grand Prize winner.
The Grand Prize winner assumes and shall pay all fees, local, state and federal taxes, and financing costs (including but not limited to, closing costs and title insurance), which must be paid when the Home is transferred to the Grand Prize winner. The Grand Prize winner must accept possession of the Home within 30 calendar days of notification, and additionally agrees to execute and deliver any and all further documents necessary to take possession of the Home, including but not limited to a Purchase Agreement and Escrow Instructions for the Home. The Forbes Foundation assumes no responsibility for any tax liability resulting from the transfer of the Home. Consult your tax advisor should you have any questions. This offer is void where prohibited by law, and all federal, state and local laws and regulations apply.
ADDITIONAL WINNERS' PRIZES
Additional drawings will be conducted every other Friday beginning July 9, 2010, by a representative of The Forbes Foundation, which drawings constitute the Additional Winner Drawings. All ticket orders received by 11:59 p.m. Hawaii time, the day before the drawing, will be eligible for the first Additional Winner Drawing. The winner of the first Additional Winner Drawing will be announced at 5:00 p.m. Hawaii time the day of the drawing. All tickets that are eligible for the Additional Winner Drawings, including the winning ticket, will be eligible for the Additional Winner Drawings and the Grand Prize. In the first fundraiser, winners won computers, artwork, gift certificates, etc.
NOTIFICATION
Prizes will not be issued to anyone other than the entrant whose name appears on the entry form, the designated ticket holder on record. The entrant whose name is listed on the entry form assumes all fees, local, state and federal taxes, and financing costs (including but not limited to, closing costs and title insurance), which must be paid when the prize is transferred to the winner.
The prize may be forfeited if the winner(s): 1) cannot be reached; 2) fails to obtain all signatures on the Release (defined below) and to return the documents in a timely manner as required pursuant to these Official Rules and Regulations ("Official Rules"); or 3) cannot accept or receive the prize for any reason
GENERAL CONDITIONS
"The Forbes Foundation Make a Dream Come True Fundraiser" is subject to these Official Rules. These Official Rules shall not be changed by any oral statement made by any employee or other person acting on behalf of The Forbes Foundation. By participating, entrants agree: 1) to be bound by these complete Official Rules and the decisions of The Forbes Foundation interpreting these Official Rules, which shall be final and binding and 2) to waive any right to claim ambiguity in the "The Forbes Foundation Make a Dream Come True Fundraiser" or these Official Rules, except where prohibited by law. By accepting a prize, the winner agrees to release The Forbes Foundation, their affiliates, officers, directors, employees, representatives, agents, and any person or entity associated with the production, judging, administration of the fundraiser (collectively, the "Releases") from and against claims, damages, attorney's 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 fundraiser related activity or participation in this fundraiser.
Each winner agrees to indemnify and hold The Forbes Foundation, their affiliates, officers, directors, employees, representatives, agents, and any person or entity associated with the production, judging, administration of the fundraiser harmless from any and all losses, damages, rights, claims and actions of any kind, including attorney's fees, arising in connection with or as a result of the winner's acceptance or use of any prize.
Except where prohibited by law, the participation in this fundraiser or holding of any fundraiser ticket and acceptance of a prize constitutes permission for The Forbes Foundation to use the winner's name, photographs, likeness, statements, biographical information, voice and city and state address for promotional or advertising purposes in connection with this fundraiser and similar promotions without compensation.
Disputes regarding these Official Rules and/or this fundraiser will be governed by the laws of the State of Hawaii. Any attempt to damage or undermine the operation of the fundraiser may be in violation of criminal and civil laws and will result in disqualification from participation in the fundraiser. Should such an attempt be made, The Forbes Foundation reserves the right to seek remedies and damages (including attorney's fees) to the fullest extent of the law.
Any claim or controversy between any fundraiser participant and The Forbes Foundation arising out of or relating to the fundraiser or these rules and regulations shall be settled by binding arbitration administered by Dispute Prevention & Resolution, Inc. or a similar organization under its commercial arbitration rules, and judgment on the award rendered by the Arbitrator may be entered in any court having jurisdiction thereof.
A fundraiser entrant's sole and exclusive remedy for any claim against The Forbes Foundation arising out of the distribution of the fundraiser tickets or the conduct of the fundraiser shall be limited to the return of the DONATION given for his or her fundraiser ticket(s). In no event, shall The Forbes Foundation, their affiliates, directors, officers, employees, 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.
BENEFICIARIES
All proceeds from the "The Forbes Foundation Make a Dream Come True Fundraiser" will benefit The Forbes Foundation, select civic clubs and schools that have participated in this fundraiser and the National Kidney Foundation of Hawaii and their ongoing community missions and purposes. All decisions will be joint decisions to encourage positive character attributes and extend a helping hand (when needed). Our overall goal is societal improvement through the encouragement of positive cultural values.
MAILING ADDRESS ONLY
The Forbes Foundation 4348 Waialae Avenue #378 Honolulu, HI 96816
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(808) 536-1888 |
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This e-mail address is being protected from spambots. You need JavaScript enabled to view it
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(808) 397-1123 - Must include Name, Phone Number, and Question |
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(808) 537-1031 |
PRIVACY
All personal information collected by The Forbes Foundation will be used for administration of the fundraiser. The Forbes Foundation will not share, sell or otherwise distribute personal information collected by The Forbes Foundation except as stated above.
REGISTRATION WITH THE STATE OF HAWAII
The Forbes Foundation has registered with the Department of Justice under Non-Profit Fundraiser Registration Number: RF-0001427 and is authorized to conduct fundraisers in Hawaii pursuant to the provisions of Hawaii Revised Statutes Chapter 467B for the fundraiser period which began October 1, 2009, and ends May 1, 2010. Information regarding this organization has been filed with the State of Hawaii department of the attorney general. Filing does not imply endorsement or approval of the organization or the public solicitation for contributions.
©2008 Forbes Foundation (The Forbes Foundation). All rights reserved. See The Forbes Foundation Legal Notice and Site Owner Terms of Use. Powered by The Forbes Foundation.
REGISTRATION WITH THE STATE OF HAWAII
The Forbes Foundation is a 501(c)(3)3 entity according to the Internal Revenue Code. The Forbes Foundation is registered with the State of Hawaii.
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