2016 Raffle Terms and Conditions

Raffle Terms and Conditions

By entering the Raffle, participants agree: a) to be bound by the following Terms and Conditions; b) that winning is contingent upon fulfilling all the requirements of these Terms and Conditions; (c) that the decisions of West Creek shall be final and binding in all respects.

Eligibility

The Raffle is open only to legal residents of the United States who are at least 18 years of age, excluding employees and immediate family members of West Creek.

How to Enter

Tickets are available for purchase by calling 216-749-3720 ext. 10, or online at www.westcreek.org. The Raffle begins at 12:01AM EST on March 20, 2016 and ends at 5:00PM EST on July 8, 2016. Only 300 tickets will be available. No entry limit per person.

The purchase price for one raffle ticket is $50.00. Payment may be made by cash, check or credit card. The purchase price of the Raffle ticket is not tax deductible. Entrants are encouraged to seek tax advice regarding the possible tax consequences of winning the prize.

Random Drawing

On July 9, 2016 at West Creek’s Up! A Creek conservation gala, the primary winner will be selected by West Creek in a random drawing from all eligible entries received. The winner need not be present at the drawing.

The winner will be announced at the drawing or otherwise, if necessary, notified pursuant to the contact information provided by the ticket purchaser on the registration form. West Creek will make reasonable efforts to contact the person named on the winning ticket registration form, using only the information on the winning ticket registration form.

The winner of the Raffle must claim the prize within 14 days of the drawing. If the winner does not claim the prize within 14 days of the drawing, by responding to telephonic or written notice from West Creek, the prize will be forfeited by that winner.

After the drawing of the winning ticket for the primary winner, West Creek shall successively draw a “first runner-up” winner and a “second runner-up” winner. In the event that the primary prize winner does not claim the prize within the 14-day time period, the first runner-up winner will be notified and the first runner-up winner will have 14 days to claim the prize. If the first runner-up winner does not claim the prize within the 14-day time period, the second runner-up winner will be notified and will have 14 days to claim the prize. If the prize is not claimed on the last approved draw date pursuant to the foregoing, West Creek shall continue to determine the winner via random drawings from among all valid entries received in the same manner as for the runner-up winner.

Winning the Prize

The prize is not redeemable for cash.

The person named on the winning raffle ticket agrees, as a condition to being eligible to receive the prize, to provide information as is required by any applicable tax laws, including without limitation his or her Social Security Number and proof of identity in forms satisfactory to West Creek showing that the person claiming the prize is the same person who is named on the winning raffle ticket. West Creek shall be protected and may rely in its sole discretion upon any information on it provided to it by the person presenting a winning raffle ticket to confirm that the person is the person identified on the ticket.

Expenses, Taxes and Withholdings

Winner is responsible for making all travel arrangements through WINDSPIRE.

The winner will assume and be responsible for all tips, incidentals, preparation, shipping and all other fees, and local, state, and federal taxes, including but not limited to all applicable sales, use, luxury, income, and special taxes associated with winning the raffle and the trip that is won. The prize winner shall indemnify, defend, protect and hold harmless West Creek against all claims relating to such taxes and expenses. West Creek specifically disclaims all expressed or implied warranties. West Creek is not responsible for any losses or injuries suffered as a result of the vacation prize.

Release

By participating in the Raffle and/or accepting a prize, the participant/winner agrees to defend, release and hold harmless West Creek, and its advertising and promotion agencies, and the officers, directors, members, representatives, and agents from and against any actions, claims and/or liability for injury, death, loss or damage of any kind (including any for the violation or infringement of any proprietary or personal right of any individual or entity) resulting in whole or in part, directly or indirectly, from participant’s participation in the Raffle, and/or participant’s participation in a Raffle prize-related activity. The winner assumes all risks of travel.

Conditions

If more than one name is stated on a registration form, the first listed name shall be the entrant. West Creek reserves the right to reject any registration form that it deems defective, illegible, ineligible or submitted without “good funds”. Entries will not be acknowledged or returned.

In such event or if West Creek has not received by 5:00PM EST on July 8, 2016, at least 150 valid raffle tickets and full payment therefor, West Creek may, at its sole and absolute discretion, cancel the raffle, withdraw the prize and refund all payments.

If an entrant’s check or credit card is dishonored by the bank or credit card company, the entry ticket will be invalid unless full payment is received by West Creek by 5:00PM Eastern Standard Time (“EST”) on July 8, 2016 (the day prior to the day of the Raffle).

West Creek reserves the right to modify these rules for clarification purposes without materially affecting the terms and conditions of the Raffle.

If for any reason the Raffle is not capable of running as planned, West Creek reserves the right at its sole discretion to withdraw, cancel, terminate, modify or suspend the Raffle without obligation or prior notice.

By participating in the Raffle and/or accepting a prize, the participant/winner consents to and gives West Creek the right to interview, photograph/video the winner, and in perpetuity to freely and exclusively use, publish, and display the winner’s (and where applicable a participant’s) names, address, entry form, picture, portrait, likeness, voice, video, statements, quotes, biographical information, and prize information (in whole or in part, as may be adapted, edited, or modified, as solely determined by West Creek) for advertising, trade, publicity and promotional purposes in any media now known or hereafter discovered, worldwide, and on the World Wide Web, without review, notification or approval, all without additional consideration, unless prohibited by law.

The winner also agrees and covenants not to sue, initiate, arbitration against, or to take any legal action against West Creek, any subsidiaries and/or affiliates of West Creek, and the officers, representatives, and employees of any of the foregoing, arising out of or related to the Raffle or the trip that is won.

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