Devil Tail Raffle

Bert’s Salute to America Foundation

OCC Custom 2021 Fat Bob Harley-Davidson Motorcycle Raffle

Official Rules and Regulations

The following provisions are the official rules and regulations (hereinafter referred to as the “Official Rules and Regulations”) which govern the conduct and operation of the OCC Custom 2021 Fat Bob Harley-Davidson Motorcycle Raffle (hereinafter referred to as the “Raffle”), a drawing of chance being operated by Bert’s Salute to America Foundation which is a non-profit organization under the laws of the State of Florida.

1. TICKETS FOR THE RAFFLE. A ticket for the Raffle (hereinafter referred to as a “Raffle Ticket” may be purchased at the price of $20.00 per Raffle Ticket or $100 for six (6) Raffle Tickets. The number of tickets sold will not be limited. Raffle Tickets shall be purchased solely by methods selected and approved by Bert’s Salute to America Foundation, including, but not limited to, purchases made through (i) members of agents of Bert’s Salute to America Foundation, and (ii) any website provided by Bert’s Salute to America Foundation. A Raffle Ticket may be purchased in one name only. Bert’s Salute to America Foundation has not set any restrictions on the amount of Raffle Tickets that any person may purchase. No purchase or contribution is necessary to obtain a Raffle Ticket. Each Raffle Ticket is a separate and equal chance to win the prize(s) enumerated below. Any prize(s) and related tax liability will belong to the person named on the Raffle Ticket. If the drawing date has not changed (see drawing section below) ticket requests will be accepted up to the day and time of the drawing. Any requests and payments received following the cut-off time for the Raffle will be returned to the sender. All ticket sales are final. No refunds are available or will be made. Raffle tickets are non-transferable. Bert’s Salute to America Foundation assumes no responsibility for lost, late, misdirected or non-delivered mail, email or fax messages, or any other failure to receive an order or deliver tickets or receipts prior to the drawing deadline. No reproduction of a Raffle Ticket is permitted. Any Raffle Ticket or entry form that is deemed in the absolute discretion of Bert’s Salute to America Foundation to be defective, illegible or counterfeit will not be honored. Bert’s Salute to America Foundation will make a reasonable effort to notify any person who submits a Raffle Ticket or entry form that is not honored. 

2. ELIGIBILITY. The purchaser of a Raffle Ticket, or the person named on the Raffle Ticket (hereinafter collectively referred to as an “Entrant”), must be at least eighteen (18) years of age at the time of the purchase of the Raffle Ticket. Raffle Tickets may not be purchased in the name of a business, trust, corporation or other entity, or wherever prohibited by applicable law. Raffle Tickets may also not be purchased by Bert’s Salute to America Foundation Board Members along with their immediate family (i.e. parent, spouse, child, or sibling). An Entrant does not need to be present at the drawing of the winning Raffle Ticket in order to win. All federal, state, and local laws and regulations apply. No purchase or contribution is necessary to enter the Raffle. A Ticket may be obtained by mailing a handwritten request for a free raffle ticket (one letter PER raffle) with a handwritten self-addressed, stamped envelope and notating the specific raffle ticket selection to Bert’s Salute to America Foundation, ATTN: Raffle Ticket Request, 10525 49th Street N, Pinellas Park, FL 33762. The ticket will be mailed to you for completion. Tickets MUST be returned, ONE per envelope, to the same address to qualify for the raffle. Questions concerning ticket confirmation number(s) should be directed to Bert’s Salute to America Foundation (hereinafter referred to as the “Administrator”), at the address listed below. 

3. DRAWING. The drawing of the winning Grand Prize Raffle Ticket and the First, Second and Third Place drawings will be held on March 30th, 2023. 

"Early Bike Drawings" will be held as listed.

November 30th, 2022 - Serial1 MOSH eBike Early Bike Drawing #1

December 15th, 2022 - Serial1 MOSH eBike Early Bike Drawing #2

January 5th, 2023 - Fishing Trip Early Bike Drawing #3

February 2nd, 2023 - Fishing Trip Early Bike Drawing #4

March 2nd, 2023 - Fishing Trip Early Bike Drawing #5

March 16th, 2023 - Custom Harley-Davidson Sportster Early Bike Drawing #6

The date and place—and all other dates and places—stated in these Official Rules and Regulations may be changed at the absolute discretion of Bert’s Salute to America Foundation at any time. Bert’s Salute to America Foundation does not reserve any discretion to cancel the Raffle at any time. The prize drawings will be held at Bert’s Pavilion Live, located at 10525 49thStreet N, Pinellas Park, Florida 33762 at approximately 8pm EST and is open to the public.

4. PRIZE. One (1) grand prize will be awarded to the winner of the Grand Prize Raffle. The winner of the Grand Prize will receive an Orange County Chopper’s custom Fat Bob Harley-Davidson motorcycle with an appraised fair market value of $70,000.00 (hereinafter referred to as “Grand Prize”) being donated by Bert’s Barracuda Harley-Davidson of Pinellas Park, FL. This vehicle is accepted “AS IS”, and Bert’s Salute to America Foundation does not in any way, expressly or impliedly, give any warranties to the winner. One (1) Second place prize will be awarded to the second number drawn. The winner will receive a custom engraved paver with an appraised fair market value of $2,000.00 (hereinafter referred to as “2nd Place Prize”) being donated by Bert’s Barracuda Harley-Davidson of Pinellas Park, FL. This paver is accepted “AS IS”, and Bert’s Salute to America Foundation does not in any way, expressly or impliedly, give any warranties to the winner. One (1) Third place prize will be awarded to the third number drawn. The winner will receive a custom engraved paver with an appraised fair market value of $1,200.00 (hereinafter referred to as “Third Place Prize”) being donated by Bert’s Barracuda Harley-Davidson of Pinellas Park, FL. This paver is accepted “AS IS”, and Bert’s Salute to America Foundation does not in any way, expressly or impliedly, give any warranties to the winner. One (1) Fourth place prize will be awarded to the fourth number drawn. The winner will receive a custom engraved paver with an appraised fair market value of $500.00 (hereinafter referred to as “4th Place Prize”) being donated by Bert’s Barracuda Harley-Davidson of Pinellas Park, FL. This paver is accepted “AS IS”, and Bert’s Salute to America Foundation does not in any way, expressly or impliedly, give any warranties to the winner. Early Bike Drawing #1 and Early Bike Drawing #2 winner(s) will each receive a Serial1 MOSH/CTY eBike valued at $4,100.00 (hereinafter referred to as “Early Bike Drawing #1 Prize” and “Early Bike Drawing #2 Prize” respectively) being donated by Bert’s Barracuda Harley-Davidson of Pinellas Park, FL. This eBike is accepted “AS IS”, and Bert’s Salute to America Foundation does not in any way, expressly or impliedly, give any warranties to the winner. Fishing Trip Early Bike Drawing #3, Fishing Trip Early Bike Drawing #4 and Fishing Trip Early Bike Drawing #5 winner(s) will each receive a custom fishing charter expedition taking place in the Midwest Florida coastal area, valued at approximately $5,000. Bert’s Salute to America Foundation will determine exact location, vessel, and charter accommodations in its sole discretion. Bert’s Salute to America Foundation will determine airline, flight itinerary, and hotel accommodations, within 30 miles of place of business in Pinellas Park, Florida, in its sole discretion. If the judgment of Bert’s Salute to America Foundation is that air travel is not required due to Winner's proximity to destination, ground transportation will be substituted for roundtrip air travel at Bert’s Salute to America Foundation's sole and absolute discretion. The difference in value will not be awarded to the Fishing Trip Early Bike Drawing Prize Winner(s). No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel and accommodations are subject to availability. Winner must have a major credit card in his or her name for check in to the hotel. Travel is subject to the terms and conditions set forth in these Rules and Regulations, and those set forth by the Bert’s Salute to America Foundation’s airline carrier of choice as detailed in the passenger ticket contract. Fishing Trip Early Bike Drawing Prize Winner(s) will not receive a difference between actual and ARV. Prize is non-transferable and no substitution will be made except as provided herein at the Bert’s Salute to America Foundation’s sole discretion. Bert’s Salute to America Foundation reserves the right to substitute the Prize (or a component thereof) for one of equal or greater value if the designated prize should become unavailable for any reason. All travel for Fishing Trip Early Bike Drawing #3 must be completed by January 30th, 2023 and must be arranged with Bert’s Salute to America Foundation or Administrator a minimum of seven (7) days in advance (unless approved by Bert’s Salute to America Foundation), and is subject to availability and Bert’s Salute to America Foundation’s approval. All travel for Fishing Trip Early Bike Drawing #4 must be completed by February 28th, 2023 and must be arranged with Bert’s Salute to America Foundation or Administrator a minimum of seven (7) days in advance (unless approved by Bert’s Salute to America Foundation), and is subject to availability and Bert’s Salute to America Foundation’s approval. All travel for Fishing Trip Early Bike Drawing #5 must be completed by March 31st, 2023 and must be arranged with Bert’s Salute to America Foundation or Administrator a minimum of seven (7) days in advance (unless approved by Bert’s Salute to America Foundation), and is subject to availability and Bert’s Salute to America Foundation’s approval. If a Fishing Trip Early Bike Drawing Prize Winner(s). is unable to fulfill Prize requirements during a time period, Fishing Trip Early Bike Drawing Prize Winner(s). forfeits the Prize in its entirety and an alternate winner may be selected. All travel dates will be determined by the Bert’s Salute to America Foundation, and once made may not be altered except by Bert’s Salute to America Foundation. Some restrictions may apply. Meals not described above, incidentals, tips, telephone calls, or any other personal expenses incurred during the trip are the responsibility of the Fishing Trip Early Bike Drawing Prize Winner(s). All other expenses not specifically identified as included in the Prize are the sole responsibility of the Fishing Trip Early Bike Drawing Prize Winner(s). Fishing Trip Early Bike Drawing Prize Winner(s) is responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge that the Bert’s Salute to America Foundation has not and will not obtain or provide travel insurance or any other form of insurance. The Fishing Trip Early Bike Drawing Prize Winner(s) is solely responsible for obtaining any identification documents necessary for domestic travel. Total Accommodation and hotel approximate retail value is $500.00. Winner of the “Custom Harley-Davidson Sportster Early Bike Drawing #6” will receive a custom 2022 Sportster Harley-Davidson motorcycle with an appraised fair market value of $30,000.00 (hereinafter referred to as the “Custom Harley-Davidson Sportster Early Bike Drawing #6 Prize”) being donated by Bert’s Barracuda Harley-Davidson of Pinellas Park, FL. This vehicle is accepted “AS IS”, and Bert’s Salute to America Foundation does not in any way, expressly or impliedly, give any warranties to the winner.

5. WARRANTIES. Bert’s Salute to America Foundation expressly disclaims any implied warranties of merchantability or of fitness for a particular purpose. The winner of the Raffle may be required to sign an affidavit of eligibility and a release to use their likeness for publicity purposes. No additional prizes will be awarded. If a potential winner does not comply with the Official Rules and Regulations, then the potential winner will be disqualified from the Raffle and the prize will revert to Bert’s Salute to America Foundation. The Internal Revenue Service position is that the amounts paid for chances in raffles, lotteries, or similar drawing for valuable prizes are not gifts, and consequently do not qualify as deductible charitable contributions. The winner must complete an IRS form W-9 and the appropriate federal taxes must be paid by the winner before collecting the prize. All state taxes, title, and registration fees must be paid by the winner. The prize does not include any trailer upon which the vehicle(s) has been displayed.

6. NOTIFICATION OF WINNER. The winner(s) of the Raffle will be notified via U.S. mail, email or telephone by the Administrator. The winner(s) of the Raffle will need to provide proper identification to the satisfaction of Bert’s Salute to America Foundation The winner(s) of the Raffle must claim the prize by 30 days from the drawing. The winner(s) of the Raffle will be instructed as to how to claim the prize at the time of the notification by the Administrator. Any questions should be relayed to the Administrator at the contact information below. Entrants may obtain the winners’ name by sending a written request, plus a self-addressed, stamped envelope to the Administrator at the contact information below.

7. PRIVACY. By entering the Raffle, Entrants agree that their names, likenesses, and/or information provided in connection with the Raffle entry may be used for communications conducted for the benefit of Bert’s Salute to America Foundation, vehicle donor, Bert’s Barracuda Harley-Davidson, or any donors of any part of the prize. These uses include, but are not limited to, being disclosed to and used by the news media and otherwise being used for publicity purposes in area newspapers or other media, including print venues, television, radio or online (including the website of Bert’s Salute to America Foundation and prize donors). An Entrant may subsequently “opt-out” of the receipt of such communications by following the directions in any email or other means of communication, or by contacting the Administrator at the contact information below. Except as specifically provided in this provision, the information of an Entrant will not be shared with or sold to any other person or entity.

8. WAIVER/LIMITATIONS OF LIABILITY. By participating in the Raffle, Entrants release Bert’s Salute to America Foundation and all prize donors and their respective entities, affiliates, agents, representatives, sponsors, service agencies, and independent contractors, and each of their respective directors, officers, partners, employees, and agents, including advertising and promotion agencies, from any and all liability with respect to participation in the Raffle, the possession, use and distribution of the prize awarded, and all losses or injuries (including to earnings, profits or goodwill), damages, costs, expenses, rights, claims and action or any kind arising in connection with the Raffle or the prize awarded. An Entrant’s sole and exclusive remedy for any breach by Bert’s Salute to America Foundation shall be limited to the return of the purchase price paid for his or her Raffle Ticket(s), and such Entrant shall not be entitled to any incidental, special, punitive, or consequential damages under any circumstances.

9. GOVERNING RULES, REGULATIONS AND LAW. By participating in the Raffle, the purchaser of a Raffle Ticket specifically acknowledges that he or she is aware of and agrees to abide and be bound by the rules, limitations and restrictions contained in the Official Rules and Regulations, and further specifically agrees that the Official Rules and Regulations solely govern the conduct and operation of the Raffle. The Official Rules and Regulations, together with the decision of Bert’s Salute to America Foundation are binding on every Entrant. The Official Rules and Regulations may not be waived, modified, or supplemented except by Bert’s Salute to America Foundation If any provision of the Official Rules and Regulations or the application of any such provision to any person or circumstance shall be held invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect any other provision hereof. No modification of the Official Rules and Regulations shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors, and permitted assigns of each Entrant. The Raffle is being conducted in accordance with and is governed by the laws of the State of Florida. The officer to participate in the Raffle is void where prohibited by law and all federal, state, and local laws and regulations apply.

10. ADMINISTRATOR:

Bert’s Salute to America Foundation 

2224 El Jo Bean Road

Port Charlotte, FL 33948