6. If 750 tickets have not been sold by September 5, 2016, the HAMC may elect to cancel the Raffle and refund all ticket purchases.
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1 The HAMC Hawaiian Vacation Giveaway Raffle is open to all legal U.S. residents who are at least eighteen (18) years old and the age of majority in their state of residence at the time of entry. Purchase of Tickets is void where not permitted by law. Each support sticker will cost $10.00 plus $1.00 for shipping if sent and will include one entry into raffle. The Raffle is being conducted by purchasing one support sticker which comes with a chance to win the giveaway. By entering the Raffle, the entry purchaser ( Entrant ) acknowledges that he or she is aware of, and agrees to abide by all of the Official Rules. Prizes shall be awarded to the name as it appears on the ticket stub. It is the responsibility of the Entrant to ensure that the name, phone number and address on the ticket stub is correct and legible or, if the contact information changes, that raffle staff is informed. The Raffle tickets are non-transferrable and prize is given to holder of ticket. Prize cannot be claimed for cash. 1. Prizes: Prize will be awarded as follows: GRAND PRIZE: I. A dream vacation to Maui, Hawaii or Hawaii Island (winner s choice) for two. This prize includes round trip airfare for two from your local major airport to the island you select (Maui/Hawaii island) Hawaii on the airline of our choice, 7 days/6 nights hotel stay, a rental car or Harley Davidson rental. HAMC reserves the right to change accommodations, airlines and car rental agency based on availability at time of booking with similar accommodations, airlines and car rental and no credit or offset shall be provided to winner. Rental Insurance and hotel tax will be covered by HAMC. Upon winning, travel date choices will be given for the winner to choose. Driver of the rental car must be at least 25 years of age; if neither traveler meets this qualification, then this portion of the prize will not be awarded and no credit will be provided as a replacement. Reservations are required at least 90 days prior to travel. The name of the winner's travel companion cannot be changed once ticketed. 2. Eligibility: You are eligible to win this Raffle by buying a ticket directly from a member of HAMC or from Entrant must be at least 18 years of age or older at time of purchase and must be a legal resident of the United States. By purchasing a ticket Entrant agrees to abide by the Official Rules of the raffle. 3. Odds: The odds of winning are 1 in Ticket stubs: Upon purchase, the part of the ticket containing the contact information of the Entrant (the stub) will be retained by HAMC for the drawing. It is the responsibility of the Entrant to ensure that HAMC receives the ticket stub and not the actual ticket. HAMC is not responsible for illegible, garbled, corrupted, damaged, lost, late, misdirected, undeliverable or incomplete Ticket Stubs and HAMC reserves the right to exclude such Ticket Stubs from the drawing. 5. Random Drawing: The public random drawing will be on December 31, 2015 or sooner if tickets sell out. The drawing of the winning ticket will be videotaped and uploaded to our Facebook page and the winner will be notified by phone.
2 6. If 750 tickets have not been sold by September 5, 2016, the HAMC may elect to cancel the Raffle and refund all ticket purchases. If for any reason the raffle is canceled, the HAMC shall reimburse each Entrant within sixty 60 days of the Raffle cancellation date by mailing refund to the address provided on the ticket stub. HAMC shall not be required to refund ticket purchase price for tickets that lack a complete or legible mailing address. 7. Winner need not be present to win. Winners not present will be notified by phone or . By participating in the Raffle, each Entrant, for his or her self and on behalf of his or her travel companion, consents to HAMC's use of Entrant s and his or her travel companion s names, likenesses, photographs, films or videotapes, voices, opinions, statements, biographical information and/or hometowns and states for promotional purposes in all forms of media, now or hereafter known, in perpetuity, without review, without further payment, compensation or consideration except where prohibited by law. 8. All members (other than Hawaii charters) of HAMC and are eligible to win any prize in the Raffle without limitation. The Raffle Chairman and his or her spouse are not eligible to win any prize. Family members of the Raffle Chairman other than spouse who are otherwise eligible shall not be disqualified from winning. 9. The prize will be awarded in a random drawing. The raffle winner not present at the drawing has 30 days from notification to claim their prize. If not claimed within that time or the winner is disqualified for any reason a new winner will be selected. 10. Purchase of support sticker is not a tax deductible contribution. 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 support sticker does not qualify as a deductible charitable contribution. 11. The Raffle is subject to all applicable federal, state, and local laws and regulations, and is void wherever prohibited or restricted by law. Prizes are subject to federal, state and local taxes and are the responsibility of the prize winners and are subject to withholding by HAMC at the sole option of HAMC. 12. Winner of Grand Prize must comply with all hotel check-in requirements, including but not limited to providing a major credit card for incidental expenses. All meals, taxes, gratuities, travel insurance, car insurance, in-room charges, security fees, facility charges, baggage fees, airline surcharges, resort and parking fees, incidentals (including mini-bar and entertainment expenses), souvenirs, taxicab fares, phone charges, public ground transportation, and any other expenses not specifically identified in these Official Rules as included in the prize are the responsibility of the Grand Prize. The winner and the travel companion must travel on same itinerary and at the same time. HAMC will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. 13. HAMC are not responsible if the Grand Prize, or any part thereof, cannot be awarded due to travel cancellations, delays or interruptions due to any acts of God, action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts or threats, epidemics, riots, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or
3 material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond HAMC s reasonable control whether similar or dissimilar to the foregoing, and shall not be responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever by the air carrier(s), hotel(s), or other transportation companies or any other persons providing any of these services and accommodations to passengers including any results thereof such as changes in services or accommodations necessitated by same or any other cause beyond HAMC s reasonable control. HAMC is not responsible if any activity is delayed, postponed or cancelled for any reason in which event that portion of the Prize is forfeited in its entirety and no substitution will be provided except in HAMC s sole discretion. HAMC will not replace any lost, mutilated, or stolen tickets, vouchers or certificates. 14. By participating in the Raffle, each Entrant agrees to release and hold harmless HAMC and their respective officers, directors, shareholders and members, Raffle Chairman, employees or agents (collectively, the "Released Parties") from and against any claim or cause of action which now exists or which may arise in the future, including, but not limited to, any claims, damages, attorneys fees, costs of litigation and settlement or cause of action, including, but not limited to, personal injury, death, libel, defamation, invasion of privacy or right of publicity, or damage to or loss of property, arising out of participation in the sweepstakes, receipt or use or misuse of any Prize, preparing for, participating in and/or traveling to of from any Prize or Sweepstakes-related activity. The Released Parties are not liable to the winner, an entrant or any person claiming through such winner or entrant for failure to supply theorize or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, or riot. 15. RELEASES/TAXES: Before the potential Grand Prize winner are deemed official winners, each will be required to execute an Affidavit of Eligibility and a Publicity/Liability Release in the form provided by HAMC (except where prohibited) ( Affidavit/Release ). The Grand Prize winners travel companion must also sign an Affidavit/Release prior to booking. Signed copies of the Affidavit/Release must be returned by the date noted on the form. If signed copies of the Affidavit/Release are not returned within that time, or if a potential winner is found to be ineligible, or if a potential winner does not comply with the Official Rules, then such potential winner may be disqualified. 16. Proceeds of the Raffle are for the benefit the Hells Angels Motorcycle Club Nomads Hawaii charter. Any liability of the HAMC shall be limited to support sticker price paid and in the case of any dispute, HAMC s decision shall be final. The HAMC reserves the right to modify or amend the Official Raffle Rules at any time. Check the HAMC Nomads Hawaii website at
4 for Official Rules. After the prize is awarded the HAMC has the right to destroy all remaining ticket stubs without notice to the public. 17. Accommodations and flight may be modified by winner. However, any increase in cost above the actual cost of the Grand Prize shall be the responsibility of the winner. If the cost is less than the actual cost of the Grand Prize as determined by HAMC due to a modification of the accommodations and flight, the winner shall not be entitled to any credit, refund, check or offset for the difference. The cost of the trip shall be determined for the same booking time and the Grand Prize. 18. Entrant agrees that: I. Any and all disputes, claims and causes of action arising out of or connected with this Raffle or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate Hawaii State Court located in Maui; II. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Raffle, but in no event attorneys' fees; and III. Under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and HAMC in connection with the Raffle, shall be governed by, and construed in accordance with, the laws of the State of Hawaii without giving effect to any choice of law or conflict of law rules (whether of the State of Hawaii or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Hawaii. 19. HAMC s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. 20. HAMC reserves the right to cancel, suspend and/or modify the Raffle, or any part of it, if any fraud, technical failures or any other factor beyond HAMC s reasonable control impairs the integrity or proper functioning of the Raffle, as determined by HAMC in its sole discretion. HAMC reserves the right, in its sole discretion, to disqualify any individual it determines to be tampering with the entry process or the operation of the Raffle or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Raffle may be a violation of criminal and civil law, and, should such an attempt be made, HAMC reserves the right to notify appropriate law enforcement and seek damages from any such person to the fullest extent permitted by law. 21. In the event a potential Winner is deemed ineligible or disqualified for any reason under the provisions of these Official Rules, then an alternate winner will be selected via a random drawing consistent with Rule 10 above.
5 22. The invalidity or unenforceability of any provision of these Official Raffle Rules or any prize acceptance documents will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Raffle Rules is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
6 SAMPLE AFFIDAVIT/RELEASE Must be returned by January 15, I,, having been duly sworn on oath states that I am of legal age and under no legal disability and have personal knowledge of the facts below and if called upon to testify, would state as follows: 1. I am age 18 or older at the time I purchased my support sticker(s). 2. I am a resident of the United States or District of Columbia at the time I purchased my ticket(s). 3. I agree to abide by the Official Rules of the Raffle. 4. I have a valid Social Security Number which is. 6. I agree that my name and likeness may be used in future promotions by the Hells Angels Nomads Hawaii. 7. I hereby release and hold harmless the Hells Angels Motorcycle Club Nomads Hawaii charter and their respective officers, directors, shareholders and member, Raffle Chairman, employees or agents (collectively, the "Released Parties") from and against any claim or cause of action which now exists or which may arise in the future, including, but not limited to, personal injury, including, without limitation, libel, defamation, invasion of privacy or right of publicity, death, or damage to or loss of property, arising out of my participation in the Raffle or receipt or use or misuse of any prize, including the Grand Prize. Print Name Signature Date
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