Colonial PVA – Cruise Raffle 2024

These Official Rules (hereafter “Rules”) govern the conduct of the Colonial Chapter of the Paralyzed Veterans of America 8-Day Norwegian Bahamas Cruise Raffle (hereafter “Raffle”).  The Raffle is a fundraising activity in support of Colonial Chapter of the Paralyzed Veterans of America, Inc. (hereafter “Colonial PVA”), which is a not for profit, 501(c)(3) charitable organization at 700 Barksdale Rd., Suite 2, Newark, DE 19711. The mission of the Colonial PVA is improving the quality of life for Veterans paralysis due to spinal cord injury or diseases and the protection of their civil rights in Delaware, Maryland, New Jersey and Philadelphia. Proceeds from this Raffle will support Colonial PVA’s mission, programs, and outreach initiatives.

By taking any action to participate in this Raffle, you agree to be fully and unconditionally bound by these Rules, waive any right to claim ambiguity in the Raffle or these Rules, and further agree to be bound by Colonial PVA’s decisions and interpretation of these Rules.  These rules shall not be changed by any oral statement made by any person acting on behalf of Colonial PVA. All federal, state, and local laws, regulations, and ordinances apply and take precedence over these Rules. Colonial PVA reserves the right to update, supplement and modify these rules and to impose additional conditions, procedures and requirements as may be necessary or appropriate to comply with applicable law in the conduct of this Raffle and the delivery of the Prize. Void where prohibited.

The Prize:

There is one prize in this Raffle, which is a Cruise on Norwegian Cruise Line for an 8-day cruise departing Port Liberty New York on 11/22/2025 and Returning to Port Liberty New York on 11/30/2025 for two passengers in one Balcony Room or equivalent. (hereafter “Prize”). The Prize has been fully funded by the Colonial Chapter of the Paralyzed Veterans of America, which has provided a fair market value estimate for this Prize of $3,000. The Prize does NOT include gratuities, airfare, transfers, land extensions, specialty dining, premium beverages, laundry or any other costs which are not normally included in Norwegian Cruise Line basic cruise fare. The Prize is subject to the limitations specified by Norwegian Cruise Lines or Colonial PVA, including: valid only on the Norwegian Breakaway Cruise for 8 Days to the Bahamas departing Port Liberty New York on 11/22/2025 and Returning to Port Liberty New York on 11/30/2025; The Prize is not transferable, is not redeemable for cash, and there cannot be substitution of any kind for this prize. Colonial PVA makes no representation and has no liability regarding the quality or availability of the Prize. Colonial PVA takes no responsibility for tax liabilities or any other cost associated with ownership or use of the Prize. The Prize winner assumes and must pay, if applicable, all fees, charges and costs associated with ownership of the Prize, including, but not limited to, any local, state and federal taxes.

Eligibility: 

Only individuals with validly obtained entry tickets who, at the time of entry in the Raffle, are 21 years of age and older and have a valid Social Security number are eligible to participate in the Raffle. Winner must have proper photo identification, acceptable to Colonial PVA, to claim the Prize, and will be required to sign an affidavit of eligibility.

Only one person’s name may appear on an entry ticket. If, by mistake or otherwise, more than one entrant is named on any entry ticket, Colonial PVA may, in its sole and absolute discretion, either reject such entry ticket or deem the first named entrant on such entry ticket to be the ticket holder of record.

Colonial PVA employees, and members of their households, are not eligible to enter. Colonial PVA Board of Directors and volunteers, and members of their households, are allowed to enter and to win.

Any returned or canceled checks will automatically disqualify the ticket holder from winning the Raffle. Colonial PVA reserves the right to disqualify any entrant for violation of these Rules, any applicable laws, or who makes any misrepresentations relative to this fundraising activity.

Tickets:

Must purchase a raffle ticket to be eligible to win. Must be 21 years or older to purchase a ticket. Tickets are $50.00 each. There is no limit to the number of tickets an individual may purchase. A donation will not increase your odds of winning. All Federal, State, Local and Municipal laws and regulations apply. Void where prohibited. Tickets must be filled out in the name of a single individual. Tickets are non-refundable. The IRS has taken the position that purchases of raffle tickets are not tax-deductible contributions. All entries and donations become the property of Colonial PVA immediately upon receipt and will not be returned or refunded. Colonial PVA reserves the right to limit the number of tickets distributed to each person. Raffle tickets are not assignable or transferable. A ticket holder may not assign or transfer his or her interest in any Prize won by a winning Raffle ticket.

The $50.00 ticket purchase for this Raffle may be made:

1) In person: at the Colonial PVA’s office at 700 Barksdale Rd., Suite 2, Newark, DE 19711 or at select Colonial PVA events on or before November 21, 2024, or

2) By phone call: made no later than November 21, 2024, to the Colonial PVA office at 302-861-6671, in which the caller speaks directly with an Colonial PVA representative, makes the suggested minimum donation by credit card, and instructs the Colonial PVA representative on how to complete the entry ticket to be entered on his or her behalf in the drawing (voicemails are not a valid method of entry in this Raffle) or

2) By mail: by mailing the raffle ticket payment, along with your name, street address (no P.O. Box), phone number, birth date and email address to: Colonial Chapter PVA, 700 Barksdale Rd., Suite 2 Newark, DE 19711, USA. Mail requests must be received no later than November 21, 2024, and must originate in the state of Delaware.

Drawing, Notification of Winner, Claiming Prize 

One winning ticket will be drawn at Colonial PVA’s offices at 700 Barksdale Rd., Newark, DE 19711 on November 22, 2024 at 12:00 pm EST. The winning ticket will be chosen blindly at random, by picking it from a raffle drum or tumbler or other container after being thoroughly mixed. An entrant need not be present to win the Raffle. The person named on the chosen ticket will be the “Pending Winner”.

The Pending Winner will be notified that his or her ticket has been drawn (“Notice”). If the Pending Winner is present at the drawing, he or she will be deemed to have received actual and in person Notice on the date of the drawing. If not present at the drawing, the Pending Winner will be notified by telephone and/or email at the telephone number and/or email address shown on the Pending Winner’s ticket. If no reply to such Notice by telephone/ email is received by Colonial PVA within 48 hours after Notice is given, Notice will also be sent by certified mail to the mailing address shown on the Pending Winner’s ticket. For all purposes of these Rules and the operation of Raffle, (i) any Notice by telephone and email shall be deemed to have been given by Colonial PVA and received by the recipient at the time Colonial PVA places such telephone call or sends such email, and (ii) any Notice by certified mail shall be deemed to have been given by Colonial PVA and received by the recipient on the third (3rd) business day following the date deposited by Colonial PVA in the U.S. mail.

The Pending Winner will have ten (10) calendar days after Notice has been given, as provided in these Rules, to provide documentation, to the satisfaction of the Colonial PVA while acting within its sole discretion, that Pending Winner meets all of the following conditions to properly claim the Prize:  (i) Pending Winner must be over 21 years of age and present an acceptable form of government-issued photo identification proving his or her identity and that he or she is the holder of record named on the winning ticket; (ii) Pending Winner must be eligible to participate in the Raffle under all Rules; (iii) Pending Winner must provide Colonial PVA with a true and correct taxpayer identification number and must make payment of income tax, equivalent to the required tax withholding on the fair market value of the prize won, as required by the Internal Revenue Service; and (iv) Pending Winner must sign and return to Colonial PVA an affidavit of eligibility, agreement with these rules, and receipt for the Prize.

If Pending Winner fails to satisfy these conditions within 10 calendar days after Notice under these Rules, he or she will be deemed to have forfeited and will no longer be eligible to win or claim the Prize. In this case, an alternate winning ticket will be selected by a blind random drawing at the Colonial PVA office at 700 Barksdale Rd., Newark, DE 19711, and the holder of the alternate ticket will be notified in the same manner as the original notification. If necessary, this process will be repeated with subsequent alternate winning tickets until the Prize is claimed by and delivered to a winner in accordance with these Rules.

Colonial PVA will not award the Prize to any ticket holder (i) who was ineligible to purchase a ticket, enter the Raffle, or claim the Prize (ii) who provided false or misleading information to Colonial PVA in connection with the purchase, acceptance, or holding of a ticket, (iii) for whom participation in this Raffle or receiving the Prize is prohibited by these Rules or applicable law, or (iv) fails to satisfy all conditions for claiming the Prize.

Disclaimer; Waiver; Release; Indemnification:

Each person, by participating or attempting to participate in the Raffle (i) represents, warrants, acknowledges and agrees that he or she did not receive any representation, warranty, guarantee, or assurance, whether written or oral, express or implied, in fact or in law, relative to participating in the Raffle or winning the Prize, and (ii) forever waives, releases and discharges, and agrees to indemnify, defend, protect and hold harmless, Colonial PVA and its board of directors, officers, employees, volunteers, representatives, and any person or entity associated with the production or administration of the Raffle, from and against any and all claims, actions, losses, injuries, liabilities and obligations of any kind arising in connection with, as a result of, or otherwise relating to his or her request for a Raffle entry ticket, acquisition of a Raffle entry ticket, participation in the Raffle, failure to win or redeem the Prize, and the redemption, acceptance, possession, ownership, receipt, use or misuse of the Prize awarded in the Raffle.

Publicity:

Winner, by accepting the Prize, grants to Colonial PVA full permission to use the winner’s name, city and state of residence, photograph, voice and/or other likeness, statements, biographical information, and prize information for Colonial PVA advertising, trade and promotional purposes without further compensation and without notice, review, permission or approval, in all media and on the internet and world wide web, in perpetuity.

Taxes; Compliance with Laws:

Winner is solely responsible for reporting and payment of any taxes on prizes. Colonial PVA assumes no responsibility for the winner’s tax obligations and suggests the winner consult a tax advisor.

The IRS has taken the position that purchases of raffle tickets are not tax-deductible contributions. Colonial PVA does not and will not provide any advice, counsel or guidance with respect to compliance with any and all applicable federal, state and local tax laws, rules and regulations, all of which shall be the sole responsibility of ticket holders and Prize Winner, each of whom is advised to consult his or her own tax advisor(s) with respect to any tax benefits and liabilities that may arise from participating in the Raffle, including obtaining a ticket, winning, accepting, using and otherwise disposing of the Prize.

Each ticket holder’s acquisition of a Raffle entry ticket, participation in the Raffle and, where applicable, receipt and acceptance of the Prize shall be done in full compliance with these Rules and applicable laws. The offer of Raffle entry tickets shall be void where prohibited by applicable law.

Governing Law; Jurisdiction and Venue; Mandatory Arbitration:

The Raffle is subject to these Rules and applicable law, including the laws of the State of Delaware. If there is a conflict between these Rules and any applicable law, the applicable law shall govern (and in case of a conflict between the laws of the State of Delaware and any other applicable law, the laws of the State of Delaware shall govern without giving effect to Delaware’s choice of law rules). Colonial PVA reserves the right to update, supplement and modify these Rules and to impose additional conditions, procedures and requirements as may be necessary or appropriate for the conduct of the Raffle and the delivery of the Prize in compliance with applicable law.

If there is a dispute of any kind regarding the conduct of this Raffle,  each ticket holder and each person who sought or requested a ticket (i) agrees to arbitrate such dispute, with arbitration to take place in Wilmington, DE, and to be decided by binding arbitration in accordance with current Arbitration rules of the American Arbitration, (ii) submits himself or herself to the jurisdiction of the Circuit Court of New Castle County, Delaware, and waives any objection to such jurisdiction and venue, and (iii) appoints the then Clerk, or acting Clerk, of said court as his or her agent for the service of all process in connection with such proceedings. The official records of Colonial PVA for this raffle shall be deemed correct and final. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.  The sole and exclusive remedy of a ticket holder or person who sought or requested a ticket shall be limited to the return of the donation paid for his or her entry ticket(s).

Miscellaneous:

Colonial PVA assumes no responsibility for lost, late, misdirected, or non-delivered mail or other failure to secure entry tickets.

For additional information, please see https://dpr.delaware.gov/boards/gaming/.