Rules & Regulations

OFFICIAL RULES

The Neko Case Cougar-Rama Muscle Car ‘Splosion Raffle (“Raffle”) begins on February 11, 2011, and ends at 5:00 pm PST on March 17, 2011 (“Raffle Period”). The Raffle is conducted by 826 National, Inc., 826 Valencia Street, San Francisco, CA 94110 (“826 National”). The Official Rules of the Raffle are set forth herein. By entering the Raffle, entrants agree to be fully and unconditionally bound by these Official Rules, waive any right to claim ambiguity in the Raffle or these Official Rules, and further agree to be bound by 826 National’s decisions and interpretation of these Official Rules. Void where prohibited by law.

  1. Eligibility.
  2. The Raffle is open to all persons age 21 and over who are legal residents of the United States and hold a valid driver’s license in the contiguous United States. Officers, directors and employees of 826 National, its agents, consultants, attorneys, independent accountant firms, and their spouses and children living in the same household, and any other persons involved with this promotion, including volunteers who assist with administering the raffle, are not eligible to enter the Raffle. Raffle tickets may not be purchased in the name of a business, trust, corporation, or other entity. Raffle tickets may not be purchased wherever prohibited by applicable law.

  3. How to Enter.
  4. Raffle tickets (“Tickets”) cost Forty-five dollars ($45.00 USD) for one ticket, or Seventy-five dollars ($75.00 USD) for two tickets. All additional tickets, beyond the first two tickets, cost Twenty-five dollars ($25.00 USD) each. PLEASE NOTE: ALTHOUGH 826 NATIONAL IS A NONPROFIT ORGANIZATION, THE IRS DOES NOT CONSIDER MONIES SPENT ON RAFFLE TICKETS TO BE TAX DEDUCTIBLE CONTRIBUTIONS.

    Here is how to purchase Tickets and enter the Raffle:

    a) By Fax or Mail: Download the Official Raffle entry form (“Entry Form”) at http://www.nekocase.com/auction/. Complete legibly all information requested on the Entry Form, including the number of Tickets you would like to purchase, and enclose payment information or payment for the tickets requested. Do not mail cash. During the Raffle Period, fax the completed form and payment information to 415-642-5914; or mail the completed form and payment to: 826 National, 826 Valencia Street, San Francisco, CA 94110.

    b) By Telephone: Call 415-730-7526 and provide the information requested on the entry form over the phone, including payment information, to order Tickets.

    TICKETS CANNOT BE PURCHASED ONLINE OR BY E-MAIL.

    Phone and faxed entries and payment must be received according to the schedule below. Mailed-in Entry Forms and payment must be received by 826 National no later than 5:00 pm PST on March 17, 2011. All entries must include payment by check, cashier’s check, money order or credit card. For credit card purchases, the Raffle Entrants (“Entrants”) must provide the full name, billing address and telephone number of the cardholder and the credit card number, expiration date and three-digit personal security code, or four-digit if using American Express.

    Once an Entrant’s order is processed, 826 National will mail via U.S. postal carrier a receipt (ticket stub) which will include a ticket number to the name and address provided on the Entry Form. All Raffle transactions will be processed in California. All Ticket sales are final.

    Entrants may purchase as many Tickets as they wish. Tickets are personal and can only be in the name of one (1) individual Entrant. Entrants may not sell, donate or otherwise transfer their Ticket(s) to anyone. Prizes will not be issued to anyone other than the one (1) Entrant whose name is on the Entry Form.

    826 National reserves the right to disqualify false entries or entries suspected of being false, and any illegible, defective, incomplete or physically altered Entry Forms and entries that do not include valid or complete payment. 826 National is not responsible for printing errors in any Raffle-related material, or for lost, late, misdirected or non-delivered, or illegible mail or fax messages, or any other failure to receive orders or deliver receipts prior to the drawing deadlines. All entries become the property of 826 National and will not be returned.

  5. Drawings.
  6. Five (5) random drawing(s) will be conducted by a representative of 826 National as described below. Entrants need not be present to win.

    The First Four Drawings. All Ticket orders received by fax, mail or telephone by 5:00 pm PST on March 11, 2011 will be eligible for the First Drawing. All Ticket orders received by fax, mail or telephone by 5:00 pm PST on March 14, 2011 will be eligible for the Second Drawing. All Ticket orders received by fax, mail or telephone by 5:00 pm PST on March 15, 2011 will be eligible for the Third Drawing. All Ticket orders received by fax, mail or telephone by 5:00 pm PST on March 16, 2011 will be eligible for the Fourth Drawing.

    The First Drawing will be on March 14, 2011. The Second Drawing will be on March 15, 2011. The Third Drawing will be on March 16, 2011. The Fourth Drawing will be on March 17, 2011. All tickets that were eligible for the First Drawing, including the winning ticket(s), will also be eligible for all subsequent Drawings, including the Grand Prize Drawing. All tickets that were eligible for the Second Drawing, including the winning ticket(s), will also be eligible for all subsequent drawings, including the Grand Prize Drawing. All tickets that were eligible for the Third Drawing, including the winning ticket(s), will also be eligible for all subsequent drawings, including the Grand Prize Drawing. All tickets that were eligible for the Fourth Drawing, including the winning ticket(s), will also be eligible for the Grand Prize Drawing.

    The Grand Prize Drawing. The Grand Prize Drawing will be held on March 18, 2011. All drawings for all prizes will be made at random. All Ticket orders received by fax, mail or telephone by 5:00 pm PST on March 17, 2011 will be eligible for the Grand Prize Drawing.

    All drawings for all prizes will be made at random.

  7. Notification.
  8. Entrant(s) whose Ticket number(s) are drawn at the First Four Drawings and/or the Grand Prize Drawing will be deemed the winner of the prize for that particular drawing (“Selected Entrant”). Selected Entrants will be notified by phone and/or U.S. Mail using the information provided for the Entry Form (“Notification”). If any Selected Entrant cannot be located or fails to return attempts to contact him or her by 5:00 p.m. ten (10) business days after 826 National’s first attempt to contact him or her, such Selected Entrant will be deemed to have forfeited his or her prize and a replacement Selected Entrant will be drawn.

    Each Selected Entrant may be asked to send an affidavit of eligibility / liability / publicity release (“Release”). Selected Entrant(s) must provide all information requested to be eligible to win, including proof of age, proof of valid driver’s license in the United States, proof of car insurance, a valid social security number for tax reporting purposes, and proof of identity showing that the person claiming the prize is the same Entrant named on the winning Ticket and the winning Ticket stub.

    Unless restricted by law, before receiving any prize each Selected Entrant will be required to complete and return the Release within fourteen (14) days of prize Notification. The prize may be forfeited if Selected Entrant(s): (i) cannot be reached; (ii) fails to obtain all signatures on the Release and to return the documents in a timely manner as required pursuant to these Official Rules; or (iii) cannot accept or receive the prize for any reason. Winners grant permission for the use of their names, photographs/likenesses and biographical information for advertising and promotion for this and similar promotions without compensation, unless prohibited by law.

  9. Prizes.
  10. FIRST DRAWING PRIZE – Monday, March 14, 2011

    Epiphone PR-5E acoustic/electric guitar (signed)
    • Mahogany body, chrome hardware.
    • Color: Cherry sunburst

    SECOND DRAWING PRIZE – Tuesday, March 15, 2011

    Carr amplifier, cream colored Rambler extension cabinet
    http://www.carramps.com/rambler.html

    THIRD DRAWING PRIZE – Wednesday, March 16, 2011

    A collection of pre-selected Vinyl from Sub Pop Records

    FOURTH DRAWING PRIZE – Thursday, March 17, 2011

    Neko Case’s 1966 Silver Duke Guitar, signed by Michael Stipe, Jimmy Fallon, and many many more.

    GRAND PRIZE DRAWING PRIZES – Friday, March 18, 2011

    1. Neko Case’s 1967 Mercury Cougar Roadster
    2. Poketo Roadtrip Prize Pack
      • Poketo Removable/Restickable Artist Decals
      • Poketo Travel Journal
      • Poketo Sketchbook
      • Poketo Artist Wallet
    3. Three Rand McNally Road Atlas maps covering the United States and Canada
    4. Kurt Dahle’s drumhead signed by the New Pornographers
    5. CHIPOTLE, Gift card, Burrito dinner for ten
    6. Six cases of assorted Tazo Tea (each case holds six boxes with 24 bags/box)
    7. Adidas Sports Prize Pack
      • Adidas Sport Sennheiser CX 310 headphones, White/Blue (Q08670)
      • Adidas Sport Sennheiser CX 310 headphones, White/Blue (Q08671)
      • Adidas Sport Airline Bag
      • $100 Adidas Gift Card
    8. Pre-selected CD prize packs from Matador Records, Astralwerks, Secretly Canadian/Dead Oceans/JagJaguar and Anti-

    The Grand Prize and First Four Drawings’ Prizes are provided “as is” with no guarantees or warranties of any type from 826 National. All winners are subject to relevant federal, state and local taxes and other expenses, including transfer of title expenses, taxes, and other transfer fees in connection with any Prize are the sole responsibility of the Selected Entrant.

    All prizes will be shipped to the winners at 826 National’s sole cost and expense and will be delivered to Selected Entrant at the name and address provided on the Entry form. None of the prizes are redeemable for cash. Pick up of the Grand Prize can be arranged, but proof of valid drivers’ license and insurance will be required for the Grand Prize Selected Entrant to receive the Grand Prize.

  11. Proceeds.
  12. Proceeds from the Raffle will benefit 826 National, Inc. and its ongoing charitable purposes in California.

  13. Odds.
  14. Odds of winning depend on the total number of Raffle Tickets sold.

  15. General Conditions.
  16. The Raffle 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 826 National. By participating, Entrants agree: (i) to be bound by these complete Official Rules and the decisions of 826 National, which shall be final and binding; and (ii) to waive any right to claim ambiguity in the Raffle or these Official Rules. By accepting a prize, Selected Entrant agrees to release 826 National, its officers, directors, employees, volunteers, representatives and agents, and any person or entity associated with the production, judging, or administration of the Raffle (collectively, the “Releasees”) 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 Selected Entrant’s purchase of a Raffle Ticket and acceptance of a prize constitutes permission for 826 National to use said Selected Entrant’s name, photograph, likeness, statements, biographical information, voice, and city and state address for promotional or advertising purposes in connection with this Raffle and similar promotions on a worldwide basis, and in all forms of media, now or hereafter known, in perpetuity, without review, permission or further compensation. Taxes, if any, are the sole responsibility of Selected Entrant and, where required, Selected Entrant will be issued an IRS Form 5754 and W2-G for the Estimated Retail Value of Selected Entrant’s awarded prize. 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. Entrant acknowledges and understands that 826 National 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 826 National. 826 National in its sole discretion reserves the right to provide substitute prize of approximate equal value. Disputes regarding these Official Rules and/or this Raffle will be governed by the laws of the State of California.

    Any attempt to deliberately damage or undermine the legitimate operation of this Raffle may violate criminal and civil laws and result in disqualification from participation in the Raffle. 826 National reserves the right to seek remedies and damages (including attorney’s fees) to the full extent of the law for any attempt to deliberately damage or undermine the legitimate operation of this Raffle.

    A Raffle Entrant’s sole and exclusive remedy for any claim against 826 National arising out of the sale of raffle tickets or the conduct of the Raffle shall be limited to the return of the purchase price paid for his or her raffle ticket(s). In no event shall 826 National, its directors, officers, employees, volunteers, 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.

  17. Privacy.
  18. All personal information collected by 826 National will be used for administration of the Raffle. 826 National will not share, sell or otherwise distribute personal information collected by 826 National except as stated above.

  19. Official Rules and Winners’ List.
  20. A list of all prize-winners will be posted on the raffle website on or about March 25, 2011.

  21. Registration with the State of California.
  22. By letter from the Attorney General’s office, 826 National has registered with the State of California Department of Justice under Raffle Registration Number RF0005613. The official registration and financial information regarding 826 National can be obtained from the Attorney General’s website [at www.ag.ca.gov/charities]. Registration does not imply endorsement.

  23. Sponsor
  24. 826 National, Inc., 826 Valencia St., San Francisco, CA 94110.