BLK Box Gallery’s South Bay Raffle

Rules

Official Rules and Regulations

I. General Information

BLK Box Gallery & Creative Center (“BLK Box Gallery”), a tax-exempt organization under Section 501(c)(3) of the Internal Revenue Code, is conducting this raffle pursuant to California Penal Code Section 320.5, et seq., to raise funds for ongoing charitable purposes. The Rules and Regulations of BLK Box Gallery’s South Bay Raffle are set forth below. By purchasing a raffle ticket, the purchaser agrees to be bound by these rules and regulations. BLK Box Gallery’s interpretation and application of the rules and regulations shall be final.

All raffle tickets are included in the Top Prize Drawing. No more than 5,000 raffle tickets will be sold. Tickets will not be sold after 11:59 p.m. Pacific Standard Time on October 1, 2023. Tickets may sell out before that time. The Top Prize Drawing will take place on October 7, 2023, subject to rescheduling, as more particularly described below. An independent auditor will supervise the drawing. Raffle tickets that meet certain eligibility requirements may also be awarded entry or entries into separate bonus drawings for more prizes, such as Early Entry, Refer-A-Friend, or Ticket Plus Drawings. Each raffle ticket is guaranteed to win at least one prize as described in section VIII. Winners need not be present to win a prize in any drawing.

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 do not qualify as deductible charitable contributions.

BY ENTERING THIS RAFFLE, ENTRANTS ACCEPT AND AGREE: (1) TO BE BOUND BY ALL THE RULES, LIMITATIONS AND RESTRICTIONS SET FORTH HERE; AND (2) THEIR NAMES AND/OR LIKENESSES MAY BE DISCLOSED TO AND USED BY THE NEWS MEDIA AND MAY OTHERWISE BE USED BY BLK BOX GALLERY FOR PUBLICITY PURPOSES AND IN LISTS OF PRIZE WINNERS TO BE PUBLISHED IN NEWSPAPERS AND ANNOUNCED ON THE BLK BOX GALLERY AND SOUTH BAY RAFFLE WEBSITE. OTHER RULES AND REGULATIONS MAY APPLY. PLEASE CONTACT BLK BOX GALLERY IF YOU HAVE ANY QUESTIONS. BLK BOX GALLERY’S INTERPRETATION AND APPLICATION OF THE RULES AND REGULATIONS SHALL BE FINAL.

BY ENTERING THE SOUTH BAY RAFFLE, EACH PARTICIPANT WAIVES, RELEASES AND DISCHARGES BLK BOX GALLERY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES FROM ANY AND ALL LIABILITY FOR INJURIES, LOSSES OR DAMAGES OF ANY KIND CAUSED BY PARTICIPATING IN THE RAFFLE, WINNING ANY PRIZE, OR RESULTING FROM ACCEPTANCE, POSSESSION, USE OR MISUSE OF ANY PRIZE. FURTHERMORE, EACH WINNER AGREES TO INDEMNIFY AND HOLD BLK BOX GALLERY HARMLESS FROM ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS, EXPENSES, INCLUDING ATTORNEYS’ FEES, AND ACTIONS OF ANY KIND ARISING FROM, IN CONNECTION WITH, OR AS A RESULT OF, PARTICIPATING IN THE RAFFLE OR WINNING, ACCEPTING, POSSESSING, USING OR MISUSING ANY PRIZE.

FURTHER, EACH PARTICIPANT HEREBY WAIVES THE PROVISIONS OF CIVIL CODE SECTION 1542 WHICH STATES THE FOLLOWING: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR”.

CERTAIN PRIZE WINNERS, INCLUDING BUT NOT LIMITED TO, THE TOP PRIZE WINNER, WILL BE REQUIRED TO SIGN A WRITTEN AGREEMENT CONFIRMING THE ABOVE-DESCRIBED RELEASE AND WAIVER AS A CONDITION TO RECEIVING SUCH PRIZE(S).

II. Raffle Tickets

Single raffle tickets are $25 each. Only one method of payment, one name, and one mailing address are permitted per raffle ticket order. Only one eligible person may be entered in the raffle per ticket transaction. If the name of more than one person is submitted with a ticket transaction, and the raffle ticket is selected as a winning raffle ticket, then the person named first will be deemed the holder of record of that ticket and declared the winner. Division of any prize by a group purchasing a raffle ticket in common shall be the sole responsibility of the person named as the holder of record of that raffle ticket, should that raffle ticket be selected as a winner.

BLK Box Gallery reserves the right to reject any entry form that is submitted with payment that does not constitute “good funds”, e.g., funds that are not fully available for withdrawal. All defective or physically altered entry forms will be immediately disqualified by BLK Box Gallery. Prior to the Top Prize Drawing, BLK Box Gallery will make a reasonable effort to notify any individual who submits a rejected entry form or one which has been rejected because the credit card or check did not clear. BLK Box Gallery will attempt to make contact through the information provided at the time of submitting the purchase request. BLK Box Gallery assumes no responsibility for lost, late, misdirected or non-delivered packages or fax messages, or any other failure to receive orders or deliver receipts prior to the drawing deadlines.

A RAFFLE PARTICIPANT’S SOLE AND EXCLUSIVE REMEDY FOR A BREACH OR ERROR BY BLK BOX GALLERY SHALL BE LIMITED TO THE RETURN OF THE PURCHASE PRICE PAID FOR HIS OR HER RAFFLE TICKET(S). IN NO EVENT SHALL BLK BOX GALLERY, 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.

III. How to Purchase:

Any eligible individual may purchase as many tickets as he or she may wish, subject to availability.

Ticket(s) may be purchased one of 2 ways. (1) Call [number coming soon] to place an order by phone and provide name, address and phone number along with credit card number, credit card security code and expiration date. All major credit cards are accepted. Phone lines are open between [info coming soon]. Spanish language assistance available. (2) Drop-Off an order form in-person at BLK Box Gallery, located at 195 Virginia Ave., San Ysidro, CA 92173, open between [info coming soon].

Tickets cannot be purchased on the raffle website or by email. Any entry form submitted by email will be rejected. All entries must include payment by cash or credit card. No refunds will be made except under the following circumstances: a ticket order with payment received after 5,000 raffle tickets have been sold or a ticket order with payment is received after October 1, 2023. No other refunds are available except at the exclusive discretion of BLK Box Gallery. BLK Box Gallery assumes no responsibility for lost, late, misdirected or non-delivered packages or fax messages, or any other failure to receive orders or deliver receipts prior to the drawing deadlines.

IV. Selection of Top Prize Drawing Winners:

The South Bay Raffle Top Prize Drawing will be held on October 7, 2023 from all eligible raffle tickets. BLK Box Gallery anticipates broadcasting the Top Prize Drawing on instagram (instagram account @blkboxgallery) and raffle website. The Top Prize Drawing will be held under the supervision of an independent auditor. Winners need not be present to win. The list of winners will be posted on www.southbayraffle.com.

Winners will be notified according to the contact information provided to BLK Box Gallery at the time of ticket purchase. If the top prize winner cannot be located by 5:00 p.m. Pacific Time on December 1, 2023, after BLK Box Gallery has attempted to contact him or her through the information provided at the time of purchasing the ticket, the winner will be deemed to have selected the respective one-time cash alternate prize. Another winner will not be selected for such prize.

In order to collect his or her prize, a ticket winner from any drawing may be required to sign and deliver to BLK Box Gallery: (a) a sworn affidavit of eligibility in accordance with these Rules and applicable law, including, without limitation, that he or she is at least 18 years old; (b) such written information as is required by any applicable tax and/or state laws, including, without limitation, his or her Social Security Number; and (c) proof of identity in forms satisfactory to the BLK Box Gallery showing that the person claiming the prize is the same person who is named on the winning raffle ticket.

A winner of any prize valued at $600 or more may be required to submit a W-2G, Form 5754, Form W-9 or similar tax form for tax reporting and/or withholding purposes. If tax forms are required for a prize win, the completed forms must be received by BLK Box Gallery no later than 12/10/2023 to claim the prize, otherwise the prize will be considered forfeited. A winner of any prize at $1,500 or more may be required to remit mandatory state or federal withholding to BLK Box Gallery. If withholding is required, the winner must remit full balance due to BLK Box Gallery within 10 business days of his or her prize election. If payment is not received within 10 business days, the prize will become the cash alternative and BLK Box Gallery will remit the balance of the cash prize to the winner.

V. Winning Odds:

One prize will be awarded in the Top Prize Drawing. In the Top Prize Drawing, the odds of winning the top prize will depend on the number of tickets sold. If all 6,000 tickets are sold, the odds of winning the top prize for any given ticket is 1 in 6,000. In the Ticket Plus Drawing, the odds of winning the Ticket Plus Drawing prize will depend on the number of processed orders with multiple tickets sold. In the Early Entry Drawing, the odds of winning the Early Entry Drawing prize will depend on the number of tickets sold before August 27, 2023 by 11:59 p.m. Pacific Time.

VI. Eligibility:

The raffle is open to any individual who is 18 years of age or older and in the state of California at the time of ticket purchase. BLK Box Gallery employees, and BLK Box Gallery authorized agents and vendors assisting BLK Box Gallery in conducting the raffle are excluded from participating and are not eligible to win a prize as are members of the Board of Trustees and their spouses and children living in the same household. All federal, state, and local laws and regulations apply. The raffle is void where prohibited or restricted by law. An affidavit of eligibility may be required of prize winners.

VII. Prizes:

The top prize is winner’s choice of a 2023 Sea-Doo Spark, Disney Cruise Line 7-Night Mexican Riviera Cruise from San Diego (Verandah room), 2023 can-am Outlander 450, Cartier LOVE bracelet (18K yellow gold, set with 1 brilliant-cut diamond) or $5,000 cash. The top prize winner must make his or her prize selection in writing, choosing one of the following: 2023 Sea-Doo Spark, Disney Cruise Line 7-Night Very Merrytime Mexican Riviera Cruise from San Diego (Verandah room), 2023 can-am Outlander 450, Cartier LOVE bracelet (18K yellow gold, set with 1 brilliant-cut diamond) or $5,000 in cash no later than 5:00 p.m. Pacific Time on December 10, 2023. If the top winner does not designate his or her prize choice in writing by this time, he or she will be awarded the $5,000 cash prize. A minimum of 2,850 raffle tickets must be sold by 11:59 p.m. Pacific Time on October 1, 2023 in order for the top prize winner to have a choice of the 2023 Sea-Doo Spark, Disney Cruise Line 7-Night Very Merrytime Mexican Riviera Cruise from San Diego (Verandah room), 2023 can-am Outlander 450, Cartier LOVE bracelet (18K yellow gold, set with 1 brilliant-cut diamond) or $5,000 in cash.

If fewer than 2,850 tickets are sold by 11:59 p.m. Pacific Time on October 1, 2023, the raffle will be held as scheduled and the top prize will be a one-time cash payment equal to 10 percent of gross income from the BLK Box Gallery raffle, per “90/10 rule” described in California state law. All other prizes will be awarded as described in these rules.

If the top prize winner chooses the 2023 Sea-Doo Spark or the 2023 can-am Outlander 500 as his or her prize, the top prize winner assumes all fees, local, state and federal taxes (including, but not limited to, income taxes and sales taxes based on the value of the 2023 Sea-Doo Spark or the 2023 can-am Outlander 450/500), financing costs (including, but not limited to, closing costs, title insurance, and transfer tax and fees), transport costs which must be paid when the 2023 Sea-Doo Spark or 2023 can-am Outlander 450 is transferred to the winner. Likewise, there are federal taxes and may be state and/or local tax consequences if a winner selects the alternate cash prize. BLK Box Gallery takes no responsibility for prize winners’ tax liabilities. Consult your tax advisor. This offer is void where prohibited by law, and all federal, state and local laws and regulations apply. The 2023 Sea-Doo Spark and 2023 can-am Outlander 500 are base model factory equipped.

All Manufacturer Suggested Retail Prices (“MSRP”) and Approximate Retail Values (“ARV”) listed in the prize descriptions are confirmed at the time of publication of the Raffle Rules. BLK Box Gallery is not responsible for any price changes to prizes and will honor the MSRPs/ ARVs listed in the Rules. If the MSRP/ ARV of a prize increases between the time of publication of the Rules and the award of the prize, the prize winner may be responsible for the difference in price.

Travel prizes are as described on the BLK Box Gallery raffle website. Travel is transferable. Travel must be used by the specific deadline established for the respective vacation package. All taxes are the responsibility of the winner. Gratuities and fees are the responsibility of the winner unless otherwise noted. Winners of travel-related prizes must comply with all applicable requirements and restrictions related to said prizes including, without limitation: applicable travel dates, age restrictions, liability waivers, travel documentation and reservation and confirmation procedures. All winners of prizes that include vacation or travel must make a prize selection in writing no later than five business days after the drawing date. If no selection is made by the winner by that deadline, the prize will become the cash alternative.

All taxes, gratuities, shipping charges and fees are the responsibility of winners who make non-cash prize elections for all prizes in the Early Entry drawings, Ticket Plus Drawing, and the Top Prize Drawing.

Winners making an election for BLK Box Fest tickets will receive one general admission ticket to one event part of BLK Box Fest. BLK Box Gallery may substitute BLK Box Fest dates. 

Winners of BLK Box Fest ticket(s), or Last Chance Drawings, are expected to be announced on or about December 10, 2023.

At time of publishing, all prizes are either confirmed available or expected to be available at time of prize awarding. Prizes may be substituted at the discretion of BLK Box Gallery for a similar product of equal or greater value.

Top Prize Drawing:

  • Top Prize: The top prize is subject to the number of raffle tickets sold, as described in Section VII.

Option 1: One-time payment of $5,000 cash, Or

Option 2: 2023 Sea-Doo Spark (MSRP: $5,999), Or

Option 3: Disney Cruise Line 7-Night Mexican Riviera Cruise from San Diego Verandah (ARV: $5,351), Or

Option 4: 2023 can-am Outlander 500 (MSRP: $5,999), Or

Option 5: Cartier LOVE bracelet, 18K yellow gold (750/1000), set with 1 brilliant-cut diamond totaling 0.10 carats (MSRP: $6,200)

VIII. Other Drawings

The following drawings and prizes are subject to the same rules and regulations set forth above for the Top Prize Drawing unless stated otherwise. 

Early Entry Drawing

The Early Entry Drawing is a bonus drawing for eligible entrants who purchase at least one raffle ticket by the August 27, 2023 deadline for the Early Entry Drawing.

A raffle ticket for the Early Entry Drawing may be purchased the following ways: (1) initiated or processed over the phone by 11:59 p.m. Pacific Time on the respective drawing deadline date, (2) submitted in-person at BLK Box Gallery, 195 Virginia Ave., San Ysidro, CA 92173 by 5:00 p.m. Pacific Time on the respective drawing deadline date. Early Entry Drawing entry tickets are not sold separately, and only offered as an added benefit to qualifying raffle ticket purchases. The odds of winning depend on the total number of eligible entries, not to exceed 6,000 entries. Early Entry Drawing will be held on October 7, 2023. Winners need not be present to win.

Early Entry Prize winners must make a prize selection in writing no later than five business days after the drawing date. If no selection is made by the winner by that deadline, the prize will become the cash alternative.

The Early Entry Drawing consists of a drawing bin and corresponding tickets separate from the main Top Prize Drawing bin and tickets. For each eligible raffle ticket purchased by August 27, 2023, one raffle ticket will be added to the Top Prize Drawing bin and a corresponding entry ticket will be added to the Early Entry Drawing bin. For example, if one raffle ticket is purchased by August 27, 2023, one ticket will be entered into the Early Entry Drawing and one ticket will be entered into the Top Prize Drawing. If three raffle tickets are purchased by August 27, 2023, three tickets will be entered into the Early Entry Drawing bin and three tickets will be entered into the Top Prize Drawing and so forth.

Ticket Plus Drawing

The Ticket Plus Drawing is a bonus drawing for eligible entrants who purchase two or more raffle tickets in the same ticket transaction. Ticket Plus Drawing entry tickets are not sold separately, and only offered as an added benefit to qualifying raffle ticket purchases. The odds of winning depend on the total number of eligible entries, not to exceed 2,500 entries. The Ticket Plus Drawing will be held on October 7, 2023 from all eligible entries. Winner need not be present to win.

  • Ticket Plus Prize: Meta Quest 2 VR set (MSRP: $399) or $300 cash.

Any individual who buys two or more raffle tickets will be entered into the Ticket Plus Drawing, subject to the following: (1) entrants must purchase two or more raffle tickets during the same purchase, (2) use one method of payment, (3) use the same name on each raffle ticket, and (4) list the same mailing address on each eligible raffle ticket. The Ticket Plus Drawing consists of a drawing bin and corresponding tickets separate from the main Top Prize Drawing bin and tickets. For each eligible raffle ticket purchased, one raffle ticket will be added to the Top Prize Drawing bin and a corresponding entry ticket will be added to the dedicated Ticket Plus Drawing bin. For example, if three raffle tickets are purchased, three tickets will be entered into the Ticket Plus Drawing and three tickets will be entered into the Top Prize Drawing. If four raffle tickets are purchased, four tickets will be entered into the Ticket Plus Drawing and four tickets will be entered into the Top Prize Drawing and so forth.

The winner of the Ticket Plus Drawing Prize must make a prize selection in writing no later than five business days after the drawing date. If no selection is made by the winner by that deadline, the prize will become the cash alternative.

Prize Guarantee

Any individual who buys one or more South Bay Raffle tickets is eligible for the Prize Guarantee. The Prize Guarantee includes one choice of 1) One VIP Pass to one day of BLK Box Gallery’s BLK Box Fest being held November 3, 2023 through November 5, 2023, or 2) One Entry in $100 cash Last Chance Drawings (3 winners), or 3) One BLK Box Gallery Membership. Prize Guarantee winners with a choice of one VIP ticket to one day of BLK Box Gallery’s Festival (“BLK Box Fest) at BLK Box Gallery being held November 3, 2023 through November 5, 2023, or the Last Chance Drawing must confirm choice and secure their Last Chance Drawing entry or BLK Box Fest reservation by 11:59 p.m. Pacific Time on October 25, 2023. BLK Box Gallery will provide reservation instructions at time of prize win notification. If prize election is not made by October 25, 2023, the prize will be considered forfeited; a replacement prize or cash equivalent will not be issued. No reservations will be accepted after October 25, 2023.

Winners making an election for the BLK Box Fest VIP Pass will receive one VIP admission ticket to one day of the three day event as part of BLK Box Fest. BLK Box Gallery may substitute festival dates. 

Winners for the Last Chance Drawings are expected to be announced on or about November 5, 2023.

Winners in the Ticket Plus Drawing with a choice of One VIP Entry Ticket to one day of BLK Box Gallery’s BLK Box Fest being held November 3, 2023 through November 5, 2023, or the Last Chance Drawing must confirm choice and secure their Last Chance Drawing entry or BLK Box Fest VIP Pass reservation by 11:59 p.m. Pacific Time on October 25, 2023. BLK Box Gallery will provide reservation instructions at time of prize win notification. If prize election is not made by October 25, 2023, the prize will be considered forfeited; a replacement prize or cash equivalent will not be issued. No reservations will be accepted after October 25, 2023.

Refer-A-Friend

Every raffle ticket purchase is eligible for the Refer-A-Friend drawing. The prize for the Refer-A-Friend Drawing is $150 cash. Refer-A-Friend contact information must be filled out at time of purchase. Refer-A-Friend contact info must be different from the information of the raffle ticket purchaser. 

The winner of the Refer-A-Friend Drawing is expected to be announced on or about November 5, 2023. Winner must claim the $150 cash prize by December 10, 2023 if not claimed by December 10, 2023 the prize will be considered forfeited; a replacement prize or cash equivalent will not be issued..

IX. Other Terms and Conditions:

Any prize vehicle, if selected, will be transferred to the winner “AS IS, WHERE IS, AND WITH ALL FAULTS”. BLK BOX GALLERY DOES NOT PROVIDE ANY GUARANTEE OR WARRANTY, EXPRESSED OR IMPLIED, IN CONNECTION WITH THE VEHICLE MANUFACTURER AND ACCEPTS NO LIABILITY OR RESPONSIBILITY REGARDING THE CONSTRUCTION OR CONDITION OF THE VEHICLE. NO EXPRESS WARRANTIES ARE GIVEN AND NO AFFIRMATION OF BLK BOX GALLERY BY WORDS AND/OR ACTIONS WILL CONSTITUTE A WARRANTY.

At the time of closing, the balance of all federal and state income taxes and sales tax based on the prize value will be due from the winners, including the top prize winner. Cash prizes valued at more than $1,500 are subject to all tax withholdings as required by federal and state law, and BLK Box Gallery will remit the balance of the cash prize to the winner. BLK Box Gallery makes no guarantee that the Internal Revenue Service (IRS) will accept that value of vehicles, vacations, or other prizes for the purpose of determining any income tax that may be due from winners. BLK Box Gallery makes no guarantee that the top prize winner will be able to sell any prize for a particular value, nor is there any guarantee that the Internal Revenue Service (IRS) will accept that value of the prize for the purpose of determining any income tax that may be due from the winner. BLK Box Gallery takes no responsibility for prize winners’ tax liabilities. Consult your tax advisor.

ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE CONTRACT, OR THE BREACH THEREOF, SHALL BE SETTLED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (PURSUANT TO ITS EXPEDITED PROCEDURES) UNDER ITS COMMERCIAL ARBITRATION RULES, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.

By purchasing a raffle ticket and choosing to participate in the raffle, each raffle participant acknowledges and agrees that BLK Box Gallery 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 raffle ticket purchased, without interest.

X. Registration with the State of California:

By letter from the Attorney General’s office, BLK Box Gallery & Creative Center. has registered with the Department of Justice under Raffle Registration Number RF0015839 and is authorized to conduct raffles in California pursuant to the provisions of Penal Code section 320.5 for the raffle period which begins June 12, 2023 and ends December 31, 2023. Registration does not imply endorsement.