Eagle Nest Raffle Official Rules and Regulations

The Eagle Nest Raffle (from herein, Raffle) is sponsored by Next Step^® Institute of Integrative Medicine, Inc. (from herein, Sponsor), a tax exempt organization under Section 501(c)(3) of the Internal Revenue Code. This Raffle is pursuant to Florida Statute 849.0935, and in compliance with the registration requirements of Chapter 496, Florida Statutes, the Solicitation of Contributions Act.

OVERVIEW

The Eagle Nest Raffle is a drawing by chance, and void where prohibited or restricted by law. All applicable federal, state, and local laws and ordinances apply. By donating a certain amount, one enters into this game of chance and becomes a Raffle ticket recipient. In doing so, all entrants agree to be fully and unconditionally bound by these official rules and regulations, waive any right to claim ambiguity in the Raffle or these official rules and regulations, and further agree to be bound by the Sponsor’s decision and interpretations of these official rules and regulations. By entering this Raffle, all entrants release Next Step^® Institute of Integrative Medicine, Inc., Gary M Weiss MD, providers, or any of our respective parent companies or affiliates, directors, officers, employees, and/or agencies from any and all liability.

ELIGIBILITY

The Eagle Nest Raffle is open to residents of the United States, aged 18 years or older at the time of entry, at the time of obtaining the ticket.

All ticket orders must be received by 5 p.m. July 3rd, 2011 EST.

The following individuals and immediate family members—defined as spouse, IRS dependent, step or biological mother, father, sister, brother, daughter or son of—or who resides in the same household as, any person in any of the following categories are not eligible to participate:

Employees of Next Step^® Institute of Integrative Medicine, Inc.
Any person engaged in development, production, or distribution of Prize supplied for the raffle.
Any person who resides in an area where this game of chance would otherwise be prohibited by law.

TICKETS

The suggested donations for Raffle Tickets are $100 for a single ticket, $250 for three tickets, $500 for seven tickets, and $1000 for 15 tickets.

Only one eligible person may be entered in the Raffle per ticket, and each entry represents one chance to win. If multiple names are listed on a ticket, the FIRST name will be deemed the holder of the ticket. Division of the Prize, if selected as the Winning Ticket, by a group obtaining a ticket shall be the sole responsibility of the ticket holder as defined above.

Tickets are not transferrable or assignable.

An individual may make the suggested donation for as many Raffle tickets as he/she may wish, subject to availability.

Tickets may be obtained on-line using the PURCHASE TICKETS tab of the website, or via postal mail, facsimile, or email.
Our on-line ticket purchasing utilizes the secure network Auth.Net.
Mail orders may be submitted by printing and completing the order form on the PURCHASE TICKETS page, and mailing to Next Step^® Institute of Integrative Medicine, Inc., Attn: Lisa Stanley, 1051 Port Malabar Blvd NE, Suite 3, Palm Bay FL 32905.
Orders may be sent via facsimile by printing and completing the order form on the PURCHASE TICKETS page, and faxing to (321) 728-1966, Attn: Lisa Stanley.
To order via email, please provide the same information requested on the order form on the PURCHASE TICKETS page, and submit your request to lstanley@eaglenestraffle.com.

All entrants must produce a valid e-mail address (if applicable), full legal name, home phone number, alternate contact number, physical address, and/or mailing addresses. It is the sole responsibility of the purchaser to provide a valid, deliverable mailing address. The sponsors of the Eagle Nest Raffle assume no responsibility for lost, late, misdirected or non-delivered mail, fax, or email messages, or any other failure to receive orders or deliver receipts prior to drawing deadline.

All entrants must also provide method of payment (valid credit card, check, or money order) representing GOOD FUNDS. The Sponsor of this Raffle reserves the right to reject any ticket request or entry form that is submitted with payment that does not constitute “good funds,” or that appears to have been physically altered or defective.

Once your transaction has been completed, you will receive your confirmation and ticket number by email (or, if no email is supplied, via postal mail). Please retain a copy of your confirmation/ticket number, as this will be required to claim the Prize should your ticket be selected as Winner.

Tickets will be distributed in the order ticket donations are received.

According to IRS regulation, raffle ticket donations are not tax deductible.

No refunds are available except where noted; otherwise, all ticket sales are final. Refunds will be made only under the following circumstances:

If payment for tickets is received after 10,000 tickets have already been distributed.
If payment for tickets is received after the drawing deadline of 5 p.m. July 3rd, 2011 EST.
If the Prize becomes unavailable due to circumstances beyond our control, including fire, storm, damage, etc.

TAXES

The IRS has taken the position that amounts paid for chances in raffles or similar drawings are not gifts and consequently do not qualify as deductible charitable contributions.

The Winner of the Prize shall be responsible for any and all real property taxes and assessments that accrue after the date of closing, and all federal, state, and local income taxes associated with the receipt of the Prize by the Winner for tax purposes of income equal to the fair market value of the Prize. The Sponsor is obligated to report the value of the prize to tax authorities as income, and a W-9 or similar tax forms must be completed by the Winner for the purposes of tax withholding.

At the time of this printing, federal law requires that corresponding tax withholding on prize values of $5100 or greater must be collected from Winners of such prizes. The current withholding rate is 25%. Thus the Prize Winner is obligated to pay to the Sponsor the equivalent of 25% of the fair market value of the Prize (minus the amount of any donation made for tickets), for withholding purposes. If the Prize Winner is unable to pay these withholding taxes at the time of transfer, a payment schedule can be arranged with the Raffle Sponsor. However, all withholding must be paid in full by April 15th, 2012. Please consult your tax advisor with questions.

The Sponsor makes no representation, warranty, or guarantee that the Prize Winner will be able to sell the Eagle Nest home for the value of $475,000.00 at which it was appraised (October 2009), nor is there any guarantee that the IRS will accept that value of the House for the purposes of determining any income tax that may be due from the Winner.

PRIZE

For the purposes of this Raffle, the Prize is defined as the Eagle Nest Raffle home located in Eagle, Colorado, as shown and described on this website (see ABOUT THE HOME). Once all requirements for Claiming of Prize have been met (as described below), the Winner shall be the sole recipient of the Prize. Title will be transferred to the Winner, free and clear of any mortgage or liens.

In the event all 10,000 tickets are not sold, the Raffle will be held as scheduled and the Prize will be awarded as advertised, with the exception that the Winner will receive a sum equal to 50% of the Net Raffle Proceeds, instead of the Eagle Nest home. In this event, title of the home will be retained by the Sponsor, and the Net Raffle Proceeds will be divided between the Prize Winner and the participating Charities (see CHARITIES), whereby the Prize Winner will receive 50% of the Net Raffle Proceeds, with the remaining 50% being divided among the participating Charities. For these purposes, Net Raffle Proceeds are defined as the funds remaining after paying all Raffle expenses and all expenses for the Eagle Nest home.

RANDOM DRAWING METHOD

The Winner of the Grand Prize will be selected by a random method of drawing, and will be conducted by a FL licensed CPA firm. The drawing will be held at Next Step Institute headquarters (1051 Port Malabar Blvd NE Palm Bay, FL 32905). Tickets must be purchased prior to 5 pm EST on July 3rd, 2011 to be eligible.

CLAIM OF PRIZE

Participants do not need to be present at the drawing. If not present, the winning entrant will be notified of his/her winning immediately upon identification verification following the actual drawing via telephone, mail, or email. The holder of the Winning ticket must claim the Prize within 7 days of the drawing.

The Winner will be required to:

Sign a sworn affidavit of eligibility in accordance with these Rules and applicable law.
Provide written documentation (i.e., social security card) as required by any applicable tax and/or real estate law.
Bring at least (2) forms of identification (including photo ID).
Bring a copy of the winning ticket number/confirmation email.
Complete a W9 and/or other forms as required by law and the IRS for tax withholding purposes.

All fees for transfer including title insurance, closing, legal (on behalf of seller), and documentary transfer fees shall be paid by the Sponsor.

The Winner assumes all applicable fees and taxes as of the date of transfer (see TAXES).

The Winner must execute all required documentation to transfer title within 30 days of the drawing of the Winning Ticket and notification to the Winner, thereof.

The Winner grants permission for the use of their name and likeness/photograph without compensation for advertising of this and similar promotions, unless prohibited by law.

In the event the Winner is found ineligible under these rules and regulations, an alternate drawing will be held within five (5) business days of said determination and notification thereof will be posted on the website immediately.

Rights are reserved to disqualify entries not in conformity with the rules and regulations hereof.

If the Prize Winner does not claim their prize within 7 days of the Prize drawing date, the Prize will be forfeited and another winner will be selected using the same random drawing method.

The sponsors of the Eagle Nest Raffle assume no responsibility for lost, late, misdirected, or non-delivered mail, fax, or email messages, or any other failure to receive orders or deliver receipts prior to drawing deadline.

The Prize will be transferred to the winner “AS IS, WHERE IS, AND WITH ALL FAULTS.” The Sponsor of this Raffle do not make or provide any representation, guarantee or warranty, expressed or implied, in connection with the house and accepts no liability or responsibility regarding the construction or condition of the house. Next Step^® Institute of Integrative Medicine, Inc. does not warrant that the house is of mercantile quality or that it can be used for any particular purpose. No express warranties are given and no affirmation of the Sponsor by words and/or actions will constitute a warranty.

All entries become the property of the Game and will not be returned.

GENERAL TERMS AND CONDITIONS

The Eagle Nest Raffle is a drawing of chance.

Void where prohibited by law.

By entering this drawing, the entrant agrees to be bound by these rules and regulations and the decisions of the Sponsor shall be final.

Neither the Sponsor, nor any of its subsidiaries, affiliated companies, franchises, service agencies, officers, directors, shareholders, members, representatives, or independent contractors, or any of its affiliates are responsible for any injuries, losses, or damages of anything arising in connection with or as a result of the Winner’s acceptance or use of the prize.

Ticket purchasers, by participating (and the Winner, by accepting the Prize), agree to defend, indemnify, and hold harmless Next Step^® Institute of Integrative Medicine, Inc. and its respective directors, committee members, volunteers, partners, employees, vendors, agents, representatives, sponsors, service agencies, and independent contractors, and each of their respective directors, officers, partners, employees, and agents, including advertising, public relations, marketing/promotion agencies, from any and all liability (losses, damages, rights, claims, and actions of any kind) with respect to and arising from participation in the promotion, acceptance, and/or possession or use of the Prize awarded and also acknowledge that they did not receive any representations, warranty or guarantee, express or implied, in fact or in law, relative to any prize, including but not limited to its quality, mechanical condition, or fitness.

Any liability of the Sponsor shall be limited to Ticket donation made and in the case of any dispute, the decision of Next Step^® Institute of Integrative Medicine, Inc. shall be final.

If the Prize becomes unavailable due to circumstances beyond our control, including fire, storm, damage, etc., all monies previously paid will be returned to entrants with no further liability or recourse.

The Eagle Nest Raffle is sponsored by Next Step^® Institute of Integrative Medicine, Inc. (Sponsor, or Next Step^® Institute), which is a tax exempt organization under Section 501(c)(3) of the Internal Revenue Code. Net proceeds of the Eagle Nest Raffle become the property of Next Step^® Institute of Integrative Medicine, Inc. The Eagle Nest Raffle is being held in part in order to provide support and funding for efforts aimed at meeting the needs of children. For this reason, Next Step^® Institute will donate 100% of net proceeds to the non-profit organizations Action for Children, UNICEF, Eagle Valley Religious Foundation, Vail Performing Arts Academy, St. Labre Indian School/St. Paul's Mission, National Association for Children of Alcoholics, and Holy Name of Jesus.

All personal information collected by and during the Raffle will be used for administration of the Raffle. Neither the Raffle Sponsor nor any of its affiliates or participating Charities will share, sell, or otherwise distribute personal information collected for this Raffle except as stated above.

Ticket purchase is not necessary in this game of chance. To receive a free ticket, please send your written request to Lisa Stanley, Next Step^® Institute of Integrative Medicine, Inc., 1051 Port Malabar Blvd. Suite 3, Palm Bay FL 32905. In order to receive a ticket, please include legible copies of two (2) forms of legal identification (driver's license, birth certificate, passport, social security card, or other legal identification), along with your written request and prepaid self-addressed envelope. Failure to meet these requirements will result in non-receipt of ticket. Next Step^® Institute of Integrative Medicine, Inc. is not responsible for lost or stolen mail. Limit one ticket per person.

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 ASSOCIATEION (PURSUANT TO ITS EXPEDITED PROCEDURES) UNDER ITS COMMERCIAL ARBITRATION RULES, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN THE SUPERIOR COURT FOR THE COUNTY OF BREVARD COUNTY, FLORIDA, WHICH SHALL HAVE EXCLUSIVE JURISDICTION THEREOF.

Registration with the State of Florida:
By letter from The Florida Department of Agriculture, Next Step Institute® of Integrative Medicine, Inc. has registered with the Consumer Services Office under Registration Number # CH7756. A COPY OF THE OFFICIAL REGISTRATION AND FINANCIAL INFORMATION MAY BE OBTAINED FROM THE DIVISION OF CONSUMER SERVICES BY CALLING TOLL-FREE (800-435-7352) WITHIN THE STATE. REGISTRATION DOES NOT IMPLY ENDORSEMENT, APPROVAL OR RECOMMENDATION BY THE STATE.