Official Rules 1) The Prize. A 2008 Black Cayman S Porsche Design Edition 1 (the “Vehicle”). The Vehicle shall be retail delivered to the winner designee at an authorized Porsche Retail Center in the State of Florida selected by Make A Wish Foundation Of Southern Florida, Inc. (“MAWFSF”) in its sole and absolute discretion. The winner designee is solely responsible for all costs associated with his or her taking possession of and title to the Vehicle including, without limitation, any costs and expenses incurred in traveling to the point of pick-up, sales or luxury tax, license and registration fees, if applicable. The Vehicle shall not be delivered until after all of the applicable taxes, license and registration fees are paid by the winner designee. The winner designee must have proper identification when claiming the Vehicle (i.e., a valid state driver’s license) and appropriate insurance. If the winner designee elects not to accept the Vehicle, no substitution or exchange for cash or other goods shall be provided. The Vehicle is delivered to and accepted by the winner designee “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied, (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose), except as may otherwise be expressly provided by the manufacture of the Vehicle to the contrary. Notwithstanding any warranty provided by the Vehicle’s manufacturer, MAWFSF is not responsible for the Vehicle’s quality nor shall it have any responsibility once the Vehicle has been conveyed or delivered to the winner designee. Guaranteed funding for the awarding of the Vehicle is provided by the treasury of the MAWFSF. 2) Eligibility. Except as otherwise provided in these Official Rules, only licensed drivers (license can not be suspended), 18 years of age (on or before February 8, 2008) and older who are legal residents of the United States are eligible to participate and enter. To be eligible to win, entries must be completed and received by MAWFSF in the format designated below. Directors, officers and employees of MAWFSF and any of its affiliates and subsidiaries are not eligible, including such persons immediate family members (spouse, parent, siblings and children) and/or those persons living in the same household (whether related or not). MAWFSF reserves the right to disqualify any entrant for violation of these Official Rules, any applicable laws, or who makes any misrepresentations relative to this drawing of chance. 3) Entry In Drawing. Participation in this drawing by chance shall be through entry by means of an Official Entry Form or through an Alternate Entry Form, as outlined below. A maximum of 2777 entries, which comply with these Official Rules, shall be accepted, on a first come, first served basis. MAWFSF is not responsible for any incorrect or inaccurate information, whether caused by computer users or by any of the equipment or programming associated with or utilized in connection with this drawing by chance. MAWFSF assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failures, theft, or destruction or unauthorized access to, or alterations of, entries. Entry does not require a donation or purchase. Incomplete or illegible entries are void. Entries may not be resold and no refunds or replacements shall be issued. 4) Cut-off/Maximum Entries. No entries shall be accepted or distributed on and after February 7, 2008. Requests received on and after February 7, 2008, or after 2,777 entries have been received and accepted, shall not be accepted and shall be rejected without further notice. Entry requests shall be subject to acceptance by MAWFSF based on compliance with these Official Rules. 5) Disqualification. If for any reason the drawing by chance is not capable of running as planned, including by virtue of tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of MAWFSF, which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this drawing by chance, then MAWFSF reserves the right to disqualify any individual who tampers with the entry process. Any attempt by any entrant to deliberately damage or undermine the legitimate operation of this drawing by chance may be a violation of law and should such an attempt be made, MAWFSF reserve the right to seek damages from any such entrant to the fullest extent of the law. 6) Selection of and Notification to Winner. The winner designee shall be selected at a random drawing to be held at the 48 Hours of Sebring 15th Anniversary Club Race in Sebring, Florida on February 10, 2008 at approximately 12:30 p.m. EST by an independent judge whose decision shall be final and binding in all respects. Entrants do not need to be present to win. The winner designee shall be notified by certified email, according to the contact information provided to MAWFSF at the time of entry. The odds of winning the Vehicle shall depend on number of entries. In the event the winner designee cannot be contacted, fails to respond within the required time frame, fails to otherwise qualify for the Vehicle and/or declines the Vehicle, an alternate winner designee shall be selected. If not claimed within 14 days of notification (as provided for in the winner designee notification letter), the winner designee shall be deemed to have forfeited any and all rights to the Vehicle and the Vehicle shall be awarded to an alternate winner designee. The right to take possession of the Vehicle through the winning entry is not assignable nor transferable. 7) Transfer Documents/Affidavit & Release. As a condition of being awarded the Vehicle, the winner designee shall be required to execute and deliver to MAWFSF a signed affidavit of eligibility, acceptance of these Official Rules and release of liability. The winner designee shall be required to execute any and all documents necessary to effect the vesting of the Vehicle’s title and ownership with the winner designee. 8) Use of Winner's Name and Likeness. In consideration for being awarded and delivered the Vehicle, the winner agrees and consents, without further authorization, compensation or remuneration of any kind, to the use of such person’s name and/or likeness in any and all advertising, promotions and other publicity in any media, worldwide, in perpetuity, conducted by MAWFSF and its subsidiaries and affiliates. 9) Official Entry Form/Donation Process. A copy of the Official Entry Form can be obtained at www.sfla.wish.org. An eligible and qualified person desiring to make a donation to MAWFSF in connection with this drawing by chance and submission of an Official Entry Form may do so by filling out an Official Entry Form and returning the same by mail or fax as follows: By mail to Make A Wish Foundation of Southern Florida, ATTN: Porsche Raffle 2008, 2901 Stirling Road, Suite 208, Fort Lauderdale, FL 33312 or by fax to 954-967-2468 marked ATTN: Porsche Raffle 2008. The suggested minimum donation accompanying an Official Entry Form is $100.00. Only one Official Entry Form shall be accepted per entrant. Donations must be paid in United States legal tender. No entry tickets shall be sent; however, Official Entry Forms shall be confirmed via e-mail (or regular mail if so requested). Entrants are solely responsible for notifying MAWFSF if a confirmation of an Official Entry Form is not received. 10) Alternate Entry Procedure. An eligible and qualified person may enter without submitting an Official Entry Form accompanied with a donation by hand printing the entrant’s complete name, address, zip code, daytime and evening telephone numbers, email (if applicable) and age on a plain piece of 3” x 5” paper (“Alternate Entry Form”), which needs to be mailed in a hand-addressed envelope with first-class postage affixed and together with an enclosed hand self-addressed stamped envelope to: Make A Wish Foundation of Southern Florida, ATTN: Porsche Raffle 2008, 2901 Stirling Road, Suite 208, Fort Lauderdale, FL 33312. Only one Alternate Entry Form per envelope, per mailing address and per person shall be allowed and accepted. Alternate Entry Forms must be received before February 7, 2008. MAWFSF is not responsible for lost, late, illegible, mutilated or misdirected entries or entries not received prior to the stated entry cut-off date. The entrant is solely responsible to assure that all postage is sufficient and that the address for delivery is valid. The winner designee shall be required to present appropriate and sufficient identification matching the name and address supplied in the Alternate Entry Form. No entry tickets shall be sent; however, Alternate Entry Forms shall be confirmed via regular mail by means of the required self-addressed, postage pre-paid envelope. Entrants are solely responsible for notifying MAWFSF if a confirmation of an Alternate Entry Form is not received. 11) Taxes and Deductibility. Donations made in connection with this drawing of chance are not tax deductible. All federal, state and local taxes associated with the receipt or use of the Vehicle are the sole responsibility of the winner designee. All federal, state and local taxes are based on the final actual retail value of the Vehicle. 12) Official Rules. For a copy of the Official Rules send a self-addressed, stamped envelope to: Official Rules Request, Porsche Raffle 2008, 2901 Stirling Road, Suite 208, Fort Lauderdale, FL 33312. By submitting either an Official Entry Form or Alternate Entry Form, each entrant agrees to be bound to these Official Rules. No responsibility is assumed by MAWFSF for any error, including typographical error, omission, interruption, deletion, defect, delay in operation, theft or destruction or unauthorized access to, or alteration of, entries; or any other problems in connection with this drawing by chance, including, but not limited to, technical malfunctions in the posting of these Official Rules on-line or the submission of Official Entry Forms by facsimile transmission or Alternate Entry Forms by the U.S. Postal Service. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any such provision is determined to be invalid or otherwise unenforceable, these Official Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. All decisions of MAWFSF with respect to these Official Rules are final and binding in all respects. Entrants who violate these Official Rules, tamper with the operation of this drawing by chance or engage in any conduct that is detrimental or unfair to MAWFSF or any other entrant (in each case as determined in MAWFSF's sole discretion) are subject to disqualification from entry. 13) Governing Law and Legal Proceedings. This drawing by chance and these Official Rules shall be governed, construed and interpreted under the laws of the State of Florida. All applicable federal, state and local laws and regulations apply. Offer void where prohibited. Any suit, action or proceeding brought under these Official Rules shall be brought in the applicable state court in Broward County, Florida or in the U.S. District Court for the Southern District of Florida and each entrant accepts the exclusive personal jurisdiction of those courts for the purpose of any such suit, action or proceeding. In the event of any litigation or other legal proceeding relating to these Official Rules, MAWFSF, if the prevailing party, shall be entitled to recover from the non-prevailing party all reasonable fees, costs, and expenses of counsel incurred in connection with such enforcement proceedings, at trial and at the appellate level. 14) Contest Sponsor. This drawing by chance is a charity drawing held in compliance with provisions of Section 849.0935, Florida Statute and is sponsored by MAWFSF, which is a qualified organization exempt from federal income tax pursuant 26 U.S.C. Section 501(c)(3). A copy of MAWFSF’s official registration and financial information may be obtained from the Florida Division of Consumer Services by calling 1-800-435-7352, toll-free within the State of Florida. 15) Dispute Resolution. The MAWFSF shall resolve all disputes in its sole and absolute discretion. 16) Disclaimer. MAWFSF, all participating sponsors and any of their respective parent companies, subsidiaries, affiliates, directors, officers, professional advisors, employees and agents shall not be responsible for: (a) any late, lost, misrouted, garbled or distorted or damaged transmissions or entries; (b) telephone, facsimile electronic, hardware, software, network, Internet, or other computer or communications related malfunctions or failures; (c) any disruptions, injuries, losses or damages caused by events beyond the control of MAWFSF; or (d) any printing or typographical errors in any materials associated with this drawing by chance. There are no representations or warranties other than as expressly set forth in these Official Rules. An entrant’s sole and exclusive remedy for MAWFSF breach shall be limited to the return of the donation, if any, made in connection with this drawing by chance not to exceed $100.00. In no event shall MAWFSF be liable to any party for any loss or injuries 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 MAWFSF has been advised of the possibility of such damages. Any claim or dispute against MAWFSF with respect to this drawing by chance, if not otherwise barred by the releases provided for in these Official Rules, must be brought within one year after the cause of action arises. 17) General Release. Each entrant releases the MAWFSF, participating sponsors and any of their respective parent companies, subsidiaries, affiliates, directors, officers, employees agents and successors from any liability whatsoever, and waive any and all causes of action, for any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with or as a result of participation in this drawing by chance and if the entrant is the winner, the acceptance, possession or use of the Vehicle (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory. 18) Force Majeure. MAWFSF reserves the right to change, suspend, or cancel this drawing by chance if, in its sole discretion, intervening circumstances warrant such change, suspension, or cancellation. Intervening circumstances include, but are not limited to, interruption, preemption, or cancellation of its operations owing to conditions beyond its control, such as strikes, labor disputes, war, insurrection, revolution, terrorism, riot or other civil disturbance, earthquake, fire, flood, hurricanes or other natural disasters, governmental restrictions, embargoes or other exercises of governmental authority, or any other cause beyond its control. 19) Trademarks. Any trade names, trademarks or service marks shown as part of the materials associated with this drawing by chance are the property of their respective owners. 20) Headings. All headings in these Official Rules are for convenience only and are not deemed part of the content of these Official Rules. |