2025 Raffle Rules & Regulations
Please Read Everything
This Raffle (“Raffle”) is being conducted by the St. Mary’s Medical Center Foundation (“SMMCF”), a corporation determined to be a 501(c)(3) nonprofit charitable organization. The Raffle is being conducted to raise funds for ongoing charitable purposes.
The Raffle Rules and Regulations (the “Official Rules”) are set forth below. By purchasing a Raffle ticket (a “Ticket”), the purchaser acknowledges that they are aware of, and agrees to be bound by, these Official Rules and SMMCF’s interpretation of any such Official Rules.
SMMCF shall be responsible for interpreting and applying the Official Rules. SMMCF’s interpretation and application of such rules shall be final.
Eligibility: Any individual who is 18 years of age or older at the time of the purchase of the Ticket, and a resident of the United States, and a registered guest of the 2025 St. Mary’s Gala being held May 17, 2025 in Huntington, WV is eligible to enter the Raffle. SMMCF’s employees and board members, their respective spouses or domestic partners and children living in the same household are excluded from participating in the Raffle and are ineligible to win a prize. The Winner will be required to sign an affidavit of eligibility and a full release of liability as a condition to receiving the prize.
All federal, state, and local laws and regulations apply.
The Raffle is void where prohibited by law.
How to Enter: Raffle tickets may be purchased online at www.mhnfoundation.org/2025raffles
Tickets are fifty dollars ($50) per (1) ticket or $150 for (3) tickets. Only eligible persons (see above) may purchase a ticket. Tickets will be available for purchase until 9:00 pm on Saturday, May 17, 2025.
An individual can purchase as many Tickets as they may wish, subject to availability.
ONLY REGISTERED GUESTS OF THE 2025 ST. MARY’S GALA ARE ELIGIBLE TO WIN.
Prize Drawings: Prize drawings will be conducted by a representative of SMMCF at 10:00 p.m. on Saturday, May 17, 2025 at SMMCF’s Gala in Huntington, WV.
Entrants need not be present to win. The Winner will be selected at random.
Notification of Winners: The Winner will be announced at the 2025 St. Mary’s Gala and/or notified according to the contact information provided to SMMCF at the time of Ticket purchase. The Winner will be required to submit valid government issued identification in order to claim the prize. If a selected winner is unable to be contacted or located or does not claim the prize within thirty (30) days of the draw date of the applicable raffle drawing, exclusive of the draw date, the winner will be deemed to have refused the prize and a second winner will be selected at random by SMMF.
The IRS has taken the position that amounts paid for chances in raffles, lotteries or similar drawings for valuable prizes are not gifts, and consequently, the purchase of a Ticket does not qualify as a deductible charitable contribution.
Taxes: There may be federal, state and/or local tax consequences of winning a prize in the Raffle. Any and all taxes are the sole responsibility of the winner. Purchasers of Tickets are advised to consult their own tax advisors with respect to tax liabilities that may arise from winning a prize in SMMCF Raffle. Acceptance of the prize may require withholding and the issuance of tax forms to the winner.
The winner shall pay required federal income tax withholding on the net prize value prior to release of the prize, which will be remitted to the IRS. An IRS Form W-2G will be issued and submitted and must be completed prior to prize delivery. The winner will also receive a copy of the IRS Form W-2G. Federal and state withholding laws are subject to change without notice and such withholding laws in effect at the time the prizes are claimed will be followed.
Terms and Conditions: The Raffle is subject to these Official Rules. These Official Rules cannot be changed by any oral statement made by any employee, consultant or agent acting on behalf of SMMCF.
By entering the Raffle, entrants accept and agree: (1) to be bound by these Official Rules and the decisions of SMMCF which shall be final and binding; (2) waive any right to claim ambiguity in the Raffle or these Official Rules; and (3) that SMMCF may use the entrant’s name, photograph, likeness, statements, biographical information, voice, and city and state address for promotional or advertising purposes in connection with the Raffle on a worldwide basis and in all forms of media, now or hereafter known, in perpetuity, without review, permission or further compensation, except where prohibited by law. Other rules and regulations may apply.
Please contact SMMCF at 304.399.4685 if you have any questions.
SMMCF Raffle is void where prohibited by law.
BY ENTERING SMMCF’S RAFFLE, EACH ENTRANT RELEASES SMMCF, ITS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM ANY AND ALL LIABILITY FOR INJURIES, LOSSES OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES) CAUSED BY PARTICIPATING IN THE RAFFLE OR WINNING ANY PRIZE OR RESULTING FROM ACCEPTANCE, POSSESSION, USE OR MISUSE OF ANY PRIZE, AND EACH WINNER SHALL INDEMNIFY AND HOLD SMMCF HARMLESS FROM ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS AND ACTIONS OF ANY KIND ARISING FROM, IN CONNECTION WITH, OR AS A RESULT OF PARTICIPATING IN THE RAFFLE OR THE WINNER’S ACCEPTANCE OR USE OF ANY PRIZE.
A RAFFLE ENTRANT’S SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM AGAINST SMMCF ARISING OUT OF THE SALE OF TICKETS OR THE CONDUCT OF THE RAFFLE SHALL BE LIMITED TO THE RETURN OF THE PURCHASE PRICE PAID FOR THE TICKET(S). IN NO EVENT SHALL SMMCF, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES 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 ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE RAFFLE OR THESE OFFICIAL RULES SHALL BE SETTLED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (PURSUANT TO ITS EXPEDITED PROCEDURES) UNDER ITS COMMERCIAL ARBITRATION RULES AND CONDUCTED IN HUNTINGTON, WEST VIRGINIA. JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.
All costs and expenses related to acceptance of the prize and use of the vehicle are the sole responsibility of the winner, including, but not limited to the cost of providing insurance coverage on the vehicle, the cost of any extended warranty and all other costs.
Cancellation/Termination of Raffle: By purchasing a Ticket and choosing to participate in the Raffle, each Raffle participant acknowledges and agrees that SMMCF 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.
Prize Detail:
If the listed prize is unavailable, a similar prize may be substituted by SMMF without notice. The Winner may received manufacturer or other warranties. SMMF expressly disclaims any and all warranties, whether express or implied, including, without limitation, merchantability, fitness for a particular purpose, or that the prize meets advertised specifications or parameters. SMMF does not endorse or republish any statement made by the person or entity donating or providing the applicable prize. SMMF has no control over the terms or conditions of a prize or the use of a prize and the Winner is subject to all terms and conditions imposed by the person or entity providing the prize. SMMF no guarantee with respect to the prize.
- 14k white and rose gold earrings with 146 diamonds and .48cts. Retail value $2500 from Joyce’s Jewelry in Uniontown, PA.
- Passport to Paradise trip through LuxGive (attached files)
Legal Language from LuxGive
- This agreement (Auction Agreement) is between LuxGive, LLCand Mary’s Foundation – West Virginia (the Nonprofit or representative of) for using LuxGive’s travel consignment Experiences in the fundraising event, The St. Mary’s Gala, on May 17, 2025.
- Consignment Experience
- LuxGive Experiences are offered on a no-risk basis, meaning that the Nonprofit will only commit to purchase the travel Experience once it is sold at the event. If an Experience does not sell at the event, the Nonprofit is not required to purchase it. Upon the sale of an Experience at your organization’s event, your organization will become responsible for the reserve price as communicated to you by your Fundraising Consultant prior to this agreement being delivered and executed.
- Booking Service
- The purchase of a LuxGive travel Experience includes Premium Guest Services from LuxGive or a professional on-site partner. This complimentary service includes accommodation reservation and dedicated trip planning, as well as assistance with setting up additional services.
- Force Majeure
- In the event that LuxGive is unable to fulfill such party’s obligations hereunder due to any event of force majeure, including, without limitation, any Act of God, terrorist act, war, health pandemic or epidemic, government regulation or order, labor disputes and disturbances or any other cause beyond such party’s control, LuxGive shall use commercially reasonable efforts to remedy the situation to the extent possible.
- Payment
- Payment will be made only in U.S. dollars, unless otherwise quoted by the Fundraising Consultant which may be subject to currency fluctuations between placement and sale, and is due, in full, from the issue date of the original invoice. Donors will only receive their redemption instructions from LuxGive once payment has been received. Any delays in payment will reduce the validity window of the donor’s experience which is the sole responsibility of Nonprofit. If LuxGive has not received payment for invoiced experiences within 21 days of the event date, the order will be cancelled and donors will be notified by LuxGive of their cancelled purchase. If cancelled, Nonprofit can repurchase the experience(s) reflective of the current price at the time of repurchase. LuxGive accepts ACH, wires, checks and all major credit cards as a method of payment. Should Nonprofit choose to pay with a credit card, there will be a 3% processing fee added to the transaction amount.
- LuxGive reserves the right to change pricing on any experience so long as Nonprofit’s event is occurring in 30 days or more. Experience prices, inclusions and text details are subject to change if the sale is not paid within 21 days of the event date.
- Tax Responsibilities
- Nonprofit’s Obligations:The Nonprofit agrees to act as the Merchant of Record (MoR) for all transactions involving the consigned trips. The Nonprofit is responsible for collecting and remitting all applicable sales taxes related to the auction of the trips. The Nonprofit shall provide LuxGive with documentation evidencing the collection and remittance of sales taxes upon request.
- LuxGive’s Obligations:LuxGive will invoice the Nonprofit for the reserve price on the proceeds from the auctioned trips. LuxGive is responsible for any applicable income taxes on its reserve price income, as per state and federal laws. LuxGive shall provide necessary documentation to the Nonprofit to support the tax treatment of its reserve price if required.
- Indemnification:The Nonprofit agrees to indemnify and hold LuxGive harmless from any liabilities, fines, penalties, or other costs arising from the Nonprofit’s failure to comply with its tax obligations. LuxGive agrees to indemnify and hold the Nonprofit harmless from any liabilities, fines, penalties, or other costs arising from LuxGive’s failure to comply with its tax obligations.
- Compliance with Tax Laws:Both parties agree to cooperate and share information necessary to ensure compliance with all applicable tax laws. This agreement shall be governed by and construed in accordance with the tax laws of the state in which the Nonprofit operates.
- Additional Terms And Conditions
- Pricing
- Nonprofit understands the calculation for the Fair Market Value of LuxGive experiences. Once invoiced, LuxGive travel experiences are non-returnable and non-refundable. Nonprofit’s invoicing in currencies other than USD may be subject to currency fluctuations between placement and sale.
- Experience prices, inclusions and booking conditions are subject to change if not paid for within 30 days of the event date.
- Nonprofit’s Obligations
- Nonprofit agrees to provide the name, telephone number, email address, and winning bid of each winning bidder upon confirmation of an Experience sale. Nonprofit agrees not to change any description of the experience as supplied in the various documents provided by LuxGive, and hereby represents and warrants to Nonprofit that the experience description has not been altered from that provided by the vendor.
- LuxGive assumes no responsibility for any changes or errors made by the Nonprofit in marketing their Experiences. Nonprofit is responsible for any price differences caused by any changes or errors made by Nonprofit in marketing a LuxGive Experience.
- Compliance With Law
- The third party providers of products and services are solely responsible for ensuring that the products and services are in compliance with all federal, state and local laws, and LuxGive is not liable in any way for noncompliance with applicable laws by the provider.
- LuxGive will assist winning bidders in notifying the third party provider but is not liable for compliance with the Americans with Disabilities Act or other state or local laws regarding public accommodation or ticket sales.
- Disclaimer of Representations and Warranties
- Nonprofit agrees and acknowledges that (other than as specifically set forth above) LuxGive makes no representations or warranties regarding the experience or components thereof. LuxGive’s sole obligation under this Agreement is to deliver the purchased Experience as described.
- Indemnification
- Nonprofit and LuxGive agree to hold harmless, indemnify each other against any claims made by any third party bidders, vendors or others for damages or other claims related to the experiences or the terms and conditions applicable thereto.
- Limitation of Liability
- LuxGive’s liability under this agreement shall be limited to confirmed delivery of the certificate and LuxGive shall not be liable for any consequential, special or punitive damages. LuxGive total aggregate liability for any claim under this Agreement shall not exceed the amount paid or owed by the winning bidder for the experience to which the claim relates.
- Nonprofit Email Communications
- Nonprofit acknowledges that LuxGive may from time to time send emails to Nonprofit containing such items as: company newsletters, new experience introductions, product promotions and other marketing related documents and tools.
- To opt out of future mailings, please use the “opt out” feature provided at the bottom of any such mailing and the email address will be removed from our database.
- Winning Bidder Communications
- Nonprofit acknowledges that LuxGive and its authorized Service Providers will send transactional emails to winning bidders containing information on how to proceed with their booking as well as marketing emails with travel promotions that are relevant to the Experience won. At such time winning bidders will have the ability to “opt out” if they prefer to not receive these communications.
- Experience Terms and Conditions
- Nonprofit accepts that each experience includes terms and conditions including but not limited to booking expiration date, travel expiration date, non-transferability, blackout dates, and limitations to availability and trip planning should the Charity Trip Winner choose to book and travel within 14 days of arrival, all of which cannot be amended. It is the Nonprofit’s responsibility to provide Charity Trip Winners with a copy of their winner’s certificate which details the individual experience’s terms.
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