2023 OUPSF Car Raffle Official Rules (“Official Rules”)

The 2023 OUPSF Car Raffle (“Raffle“) officially begins on August 15, 2023, at approximately 4:00 P.M., and ticket sales end 30 minutes prior to raffle drawing to be held on October 27, 2023 (“Raffle Period“). The Raffle is sponsored by the Orange Unified Public Schools Foundation (“OUPSF” or “Sponsor“), 960 N. Tustin Avenue #411, Orange, CA 92867. Drawing to select a winner will be held October 27, 2023. The Official Rules of the Raffle are set forth herein. By purchasing a Raffle ticket and entering the Raffle, Raffle entrants (“Entrants”) agree to be fully and unconditionally bound by these Official Rules, waive any and all right(s) to claim ambiguity in the Raffle or these Official Rules, and further agree to be bound by the Sponsor’s decisions and interpretation of these Official Rules.

Void where prohibited by Law.

1. The Raffle is open to all persons aged 18 and over who are legal U.S. residents physically residing in the United States and District of Columbia. The Raffle is open to the employees and Board of Directors of OUPSF, all members of the Orange Unified School District (“OUSD”) Board of Education, all OUSD employees, all Orange Unified Education Association ”OUEA”) officers and members, all officers and members of any OUSD Booster Club, and directors, officers and employees of Stadium Nissan as well as their immediate family members (spouses, domestic partners, parents, siblings and children), so long as they meet the criteria of the previous sentence.
2. How to Enter. Raffle tickets (“Tickets“) cost twenty-five dollars ($25) each. Additionally, tickets may be purchased five for one hundred dollars ($100). Raffle Entrants may purchase Tickets during the Raffle Period in person only. Tickets must be purchased directly from a OUPSF Board member, from any representative of one of the participating groups listed on Exhibit “A” (a “Participating Group”), from a local nonprofit organization or business as posted on the OUPSF website, (collectively, “Authorized Outlets”). If a local school or the associated parent group is a Participating Group, you can purchase Tickets from them. If you need assistance purchasing Tickets from a Participating Group, please contact the Raffle chair at raffle@oupsf.org to be put in touch with that particular Participating Group. Additional Participating Groups may be added during the Raffle Period. Please check the most up-to-date list of Participating Groups and Authorized Outlets on OUPSF’s website oupsf.org/raffle .

Subject to availability, 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 their ticket(s) to anyone, but they may gift, donate or otherwise transfer a Ticket so long as that third person’s name and address are clearly written on the Ticket Stub and the Ticket complies with all other provisions of these Official Rules. Prize(s) will not be issued to anyone other than the one (1) Entrant whose name and address are on the Ticket. In addition to filling out the ticket stub and returning it to the seller, the ticket must be registered at www.oupsf.org/raffle.

Sponsor reserves the right to disqualify the following: counterfeit or otherwise false Tickets or Tickets suspected of being counterfeit or false; any illegible, defective, incomplete or physically altered Ticket; and any Ticket that has not been registered at www.oupsf.org/raffle and completed payment. Tickets that are not registered online at the time of the drawing are considered void and will not be eligible for the drawing. Sponsor is not responsible for printing errors in any Raffle-related material, or for lost, late, misdirected or non-delivered mail, or any other failure to receive orders or deliver receipts prior to the drawing deadlines. All entries become the property of Sponsor and will not be returned.

3. One (1) random drawing for the “Grand Prize” (described below) will be conducted by a representative of Stadium Nissan as described below. Entrants need not be present to win. The Grand Prize Drawing will be held on October 27, 2023 at the half time of an OUSD High School Varsity Football Game. The drawing will be made at random. A back-up ticket and second back-up ticket will be drawn at the same time and kept in a separate sealed envelopes in case the original ticket drawn is deemed to be not eligible.
4. Notification/Final Award of Grand Prize. The Entrant whose Ticket is drawn (“Selected Entrant“) at the Grand Prize Drawing will be notified by phone and/or eMail using the information provided in the Ticket Registration. If the Selected Entrant cannot be located or contacted, or fails to return attempts to contact him or her within ten (10) business days after Sponsor’s first attempt to contact him or her (the “Contact Period”), such Selected Entrant will be deemed to have forfeited the Grand Prize, and another Selected Entrant will be drawn. As a condition to the final awarding of the Grand Prize, the Selected Entrant must sign and return to Sponsor an affidavit of eligibility/liability/publicity release in the forms approved and provided by Sponsor (the “Release“) and all requested supporting information, including (without limitation) proof of age and proof of identity, showing that the person claiming the Grand Prize is the same Entrant named on the winning Ticket and the winning Ticket stub.

Unless restricted by law, the Selected Entrant will be required to complete and return the Release within fourteen (14) days after receipt of Grand Prize notification. The Grand Prize shall be forfeited if the Selected Entrant: (i) cannot be reached within the Contact Period; or (ii) fails to obtain all signatures on the Release and to return the Release and any supporting documents in a timely manner as required pursuant to these Official Rules; or (iii) cannot accept or receive the Grand Prize for any reason. As part of the Release, the Selected Entrant must also grant permission for the use of his or her name, photographs, or likenesses for advertising and promotion for this and similar promotions without compensation, unless prohibited by law.

5. Grand Prize. The nature and description of the Grand Prize (“Grand Prize“) will depend upon the number of Tickets sold as of the end date of the Raffle Period, as follows:

The Nissan Sentra is provided with warranties honored by the manufacturer. However, Sponsor makes no warranties, express or implied, in fact or in law, relative to the use, value or enjoyment of the Nissan Sentra, including without limitation, its quality, merchantability, fitness or mechanical condition, with the exception of any standard manufacturer’s warranty. The Selected Entrant is subject to, and responsible for, all relevant federal, state and local taxes. Other expenses, including automobile license, taxes, and other transfer fees in connection with the Grand Prize are the sole responsibility of the Selected Entrant.

There will be no transfer of prizes. However, Stadium Nissan may, at its sole and absolute discretion, negotiate with the Selected Entrant for a different model of vehicle for an appropriate additional cost, subject to a signed, written agreement between Stadium Nissan and the Selected Entrant. Any vehicles made available for display or depicted in connection with any advertising surrounding this Raffle may not be the actual vehicle awarded. In addition, should the advertised prize become unavailable for any reason, to the full extent permitted by law, Sponsor, in its sole and absolute discretion, reserves the right either (1) to substitute a prize with another prize of equal or greater value or (2) to cancel the Raffle and return to each Entrant the purchase price of his or her Ticket(s). Sponsor is not connected with Stadium Nissan in any way and is not responsible for the actions of Stadium Nissan in connection with this Raffle or under any other circumstances whatsoever. As an example only, if for whatever reason, Stadium Nissan fails to complete its donation in a timely manner, the Sponsor will have no Grand Prize to award, and, without limiting in any way Sponsor’s authority as otherwise described in these Official Rules, and unless Sponsor can, in its sole and absolute discretion, find a substitute Grand Prize in a timely manner, Sponsor shall cancel the Raffle and its sole obligation to each Entrant thereafter will be to return to each Entrant the purchase price of his or her Ticket(s).

6. Proceeds from the Raffle, after payment of legitimate costs attributable to the Raffle and its administration, will benefit OUPSF and its ongoing programming within the Orange Unified School District in Orange, California, to protect and enrich OUSD’s public schools. Participating Groups may also share in the proceeds as provided below.
7. Odds of winning depend on the total number of Tickets sold. If 5,000 Tickets are sold, the odds of any one Ticket winning the Grand Prize are 1:5000.
8. Participating Groups. Each Participating Group may participate in selling Tickets to potential Entrants in accordance with the provisions of the “OUPSF Raffle Partnership Details” attached to and made a part of these Official Rules as Exhibit “B” (the “OUSPF Raffle Partnership Details”). However, if there is any conflict between any one or more provisions of the OUPSF Raffle Partnership Details and any one or more provisions of these Official Rules excluding the Exhibits, the provisions of these Official Rules excluding the Exhibits shall control.

Participating Groups whose members sell Tickets on behalf of such Participating Group shall receive a donation from Sponsor as further provided in the OUSPF Raffle Partnership Details portion of these Official Rules. In addition, the Participating Group that sells the most Tickets will receive an additional Five Hundred Dollar ($500.00) donation and the Participating Group that sells the second highest number of Tickets will receive an additional One Hundred Dollar ($100.00) donation. In the event of a tie, the two Participating Groups selling the highest number of Tickets shall each receive an additional Three Hundred Dollar ($300.00) donation, the two Participating Groups selling the second highest number of tickets will each receive an additional One Hundred

Dollar ($100.00) donation. An additional One Hundred Dollars ($100.00) will be donated to the Participating Group, if any, which sells the winning Ticket. However, according to California law, such donations may have to be made to a related organization that is qualified to receive such donations under California Penal Code Section 320.5 for later distribution to the Participating Group.

All Tickets assigned to a Participating Group must be accounted for on or before 1:00 p.m. one week prior to the raffle drawing date in order to participate in the Raffle. On or before such date and time, each Participating Group must return to Sponsor each unsold Ticket and the Ticket stub, properly completed, for each Ticket that was sold. However, Sponsor may, but shall not be obligated to, continue to sell Tickets until 30 minutes prior to the actual Grand Prize Drawing. Sponsor will provide the Participating Groups with further instructions on the manner in which the unsold Tickets, and Ticket stubs are returned. EACH PARTICIPATING GROUP IS SOLELY RESPONSIBLE FOR ACCOUNTING TO SPONSOR FOR ITS ASSIGNED TICKETS. NO TICKET STUB WILL BE INCLUDED IN THE GRAND PRIZE DRAWING UNLESS THE ENTRANT FILLS OUT THE REGISTRATION FORM AND SPONSOR RECEIVES THE PURCHASE PRICE IN FULL FOR SUCH TICKET STUB.

9. General Conditions. The Raffle is subject to these Official Rules. These Official Rules shall not be changed by any oral statement made by any person acting, or purporting to act, on behalf of the Sponsor. By participating, Entrants and Participating Groups agree: (i) to be bound by these complete Official Rules and that the decisions of Sponsor regarding the interpretation of these Official Rules and the administration of the Raffle shall be final and binding on all Entrants and Participating Groups; (ii) to waive any right to claim ambiguity in the Raffle or these Official Rules, except where prohibited by law; and (iii) to the full extent permitted by law, release OUPSF, Stadium Nissan, any Participating Group and their respective officers, directors, representatives, employees, and agents, and any person or entity associated with the production, judging, or administration of the Raffle or the interpretation of these Official Rules (collectively, the “Releasees“) from all claims, causes of action, damages, liabilities, attorneys’ fees, and costs of litigation and settlement (collectively, “Claims”) arising out of or connected in any way with the Raffle, its production, judging, or administration (including, without limitation, the interpretation of these Official Rules), and the Grand Prize. By accepting the Grand Prize, Selected Entrant agrees to release all Releasees from and against any Claims 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 (including, without limitation, and except where prohibited by law, the use of the 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 on a national 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 Selected Entrant will be issued IRS Forms W2-G and W-9, as applicable, for the value of the Grand Prize. Selected Entrant may be required to pay the Sponsor 25% of the fair market value of the prize for tax withholding. 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 the Grand Prize in this Raffle. Sponsor 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 Sponsor suspect fraud or for reasons outside the control of Sponsor. Disputes regarding these Official Rules and/or this Raffle will be governed by the internal laws of the State of California.

CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE RAFFLE MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL

RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE RAFFLE. SHOULD SUCH AN

ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

In the event the release described in the first paragraph of this Section 9 is held by a court of competent jurisdiction to be inapplicable in a particular circumstance, an Entrant’s sole and exclusive remedy for any Claim against any Releasee arising out of the sale of Raffle Tickets or the conduct of the Raffle shall nevertheless be limited to the return to such Entrant of the purchase price paid for his or her Raffle Ticket(s). In no event shall Sponsor, OUSD, any Participating Group, Satdium Nissan, or any of their directors, officers, employees, agents or representatives be liable to any Entrant or other person or entity for any loss or injury to earnings, profits or goodwill, or for any incidental, special, punitive or consequential damages of any Entrant or other person or entity whether arising in contract, tort or otherwise, even if advised of the possibility of such damages.

10. All personal information collected by Sponsor will be used for administration of the Raffle and OUSPF. The Sponsor will not share, sell or otherwise distribute personal information collected except as stated above. Participating Groups and neither Sponsor nor Stadium Nissan are solely responsible for the care and treatment of the personal information they collect in connection with their participation in this Raffle.
11. Applicable Law/Judicial Reference. This Raffle is intended to be conducted in accordance with applicable California law. The decisions of Sponsor regarding the interpretation of these Official Rules and the administration of the Raffle shall be final and binding on all Entrants and Participating Groups. Subject to the foregoing, any controversy, dispute, or claim between Sponsor, Stadium Nissan, any Entrant, and any

Participating Group, in any combination, arising out of or connected in any way to these Official Rules or the Raffle (collectively, a “Controversy”) shall be heard by a referee, without a jury, in accordance with the provisions of Section 638, et seq., of the California Code of Civil Procedure (“CCP”) or their successor statutes. The referee shall be appointed by the court, shall hear and determine all of the issues in the action or proceeding brought to resolve the Controversy, whether of fact or of law, and shall report a statement of decision to the court, all in accordance with the provisions of Section 638, et seq., of the CCP or their successor statutes. Sponsor may plead the finality of its interpretation of these Official Rules and of its decisions regarding the administration of the Raffle as a full and complete defense should such a Controversy involve Sponsor and its performance of such activities.

12. Official Rules and Winner List. The name of the Selected Entrant will be posted on Sponsor’s website on or before November 15, 2023. The name of the Selected Entrant and a copy of these Official Rules may be obtained by sending a self-addressed, stamped envelope to: Stadium Nissan Car Raffle, OUPSF, 960 N. Tustin Avenue #411, Orange, CA 92867. All such requests must be received by OUPSF within thirty (30) days after the close of the Raffle.
13. Registration with the State of California. By letter from the Attorney General’s office, CEF has registered with the Department of Justice under Raffle Registration Number RF0015230 and is authorized to conduct raffles in California pursuant to the provisions of Penal Code Section 320.5 for the raffle period, beginning September 1, 2022 and ending December 31, 2023.

Exhibit “A”      Initial List of Participating Groups

Exhibit “B”    OUPSF Raffle Partnership Details

OUPSF has been given a tremendous opportunity by Stadium Nissan to be the recipient of a new Nissan Sentra which will be used in a raffle in which the proceeds will benefit OUPSF. This is a jointly supported event by the Orange Unified School District and the Orange Unified Public Schools Foundation. OUPSF would like to ensure that any OUSD booster group or OUSD Parent Group can also benefit from this opportunity and would like to enlist those groups interested in participating to do so. Below, please see the details of the event as well as obligations for participating.

• What are the dates of the raffle?
  • The Grand Prize Drawing to be held on October 27, 2023, at Fred Kelly Stadium during the Half Time of the scheduled football game. OUPSF encourages all raffle beneficiaries to show their support for Stadium Nissan by attending the raffle.
• Who is paying for the cost of the raffle?
  • Stadium Nissan has provided a Nissan Sentra at a greatly discounted cost to OUPSF, assuming a minimum number of raffle tickets are sold (see below).
  • TBD has donated the cost of printing for the raffle tickets.
  • OUSPF will pay for expenses related to the raffle such as marketing materials. This includes press releases, correspondence to OUSD families, website advertising, etc.
• How can booster and parent groups benefit?
  • Any booster or parent group that would like to participate must read and agree to the terms as outlined in this document as well as return the attached sign off sheet.
  • All groups interested in participating need to fill out the information sheet at oupsf.org/raffle prior to receiving or selling any tickets. You can also email raffle@oupsf.org with questions.
  • Tickets will be assigned to each group in as close numerical sequence order as possible. Groups can determine how many tickets they would like to be assigned.
  • Groups that sell tickets will receive a donation for each ticket sold from the raffle proceeds in accordance with the following schedule:

• Tickets will be distributed to the group representative on the sign off sheet.
• The group selling the most tickets will receive an additional $500 donation. The group selling the second highest number of tickets will receive an additional $100 donation. In the event of a tie, the two groups selling the highest number of tickets will each receive an additional $300 donation. If a group sells the winning raffle ticket, they will receive an additional $100 donation. All money earned by a group will be distributed after the completion of the raffle drawing.
• Groups can request to have the Nissan Sentra present at an event.

OUPSF cannot guarantee that the Nissan Sentra will be available as requested. Submit your request directly to the Raffle Chair at raffle@oupsf.org a minimum of two weeks prior to the event. The more notice provided, the higher the likelihood that the Nissan Sentra will be available. The Chair will need the location of the event, the drop off and pick up times, and a day-of-the-event contact person’s name and cell phone number.

• All tickets will be due back to the Stadium Nissan Raffle Chair no later than 1:00 p.m. at least 1 week (7 days) prior to the raffle drawing to be held on October 27, 2023. Time and location to be determined at a later date.

• What are the details of the raffle?
  • The price per ticket is $25, or 5 tickets for $100. Payment will be completed with the electronic payment processor after registering the ticket(s) at oupsf.org/raffle
  • Per OUPSF’s agreement with Stadium Nissan a minimum of 2,000 tickets must be sold. If less than 2,000 tickets are sold, a cash prize of $10,000 will be substituted for the Nissan Sentra.
  • There is no maximum limit on the number of tickets sold.
  • The raffle is subject to all legal requirements, including, without limitation, the “Official Rules”. 
• What are the Booster Club/Parent Group responsibilities?
  • Tickets will be distributed by the Car Raffle Chair once the acknowledgement form is received by OUPSF and the tickets are ready for distribution.
  • Participating groups will be responsible for maintaining, accounting and ensuring entrants have registered and finalized payment at oupsf.org/raffle, returning ticket stubs for tickets sold, and returning all unsold tickets.
  • Tickets will be assigned in as close to numerical sequence as possible. Tickets should be turned in on a rolling basis. OUPSF Car Raffle Representative will be collecting all funds and tickets. Groups can coordinate drop offs and pickups via email at raffle@oupsf.org or phone at (714) 654-4887
  • Groups must adhere to all “Official Rules,” a copy of which is attached to this document and can be found on the OUPSF website. If there is any inconsistency between the terms of these Raffle Details (or of any other promotional or supplementary materials and the terms of the Official Rules), the terms of the Official Rules shall control.
  • Groups can decide how to organize the sale of the tickets within their group. However, this must adhere to all the Official Rules, the procedures set forth in this document, and all other written procedures established by OUPSF for which you are given written notice.
  • Groups must only sell tickets to Raffle Entrants during the Raffle Period and in person only. Groups must verify the Raffle Entrants are at least 18 years of age.

Should you have any questions please contact OUPSF Car Raffle Chair David Imboden at raffle@oupsf.org; or our OUPSF Administrative Coordinator at info@oupsf.org