TERMS AND CONDITIONS

 

1.             These Terms and Conditions (the "Terms and Conditions")  constitute a binding agreement by and among the participant of the Wheel of Fortune game ("you") to be held at the New York Fabulous Fund Fair on October 28, 2017 (the "NYC Fabulous Fund Fair " or “the Event”), amfAR, the Foundation for AIDS Research, a New York not-for-profit corporation ("amfAR "),  and The Naked Heart Foundation, Inc., a New York not-for-profit corporation (the "Foundation", and together with amfAR, the "Organizers").

2.             The Wheel of Fortune donation level of your choice, to be paid before October 27, 2017 or at the time of the Event, provides access to the Fabulous Fund Fair Reserved Seating Area, an opportunity to spin the Wheel of Fortune, and to select from a number of available tiered prizes in recognition of your donation. If you wish to spin the Wheel of Fortune more than once, you may do so by making an additional payment in the amount of any donation tier of your choice. These terms and conditions shall apply to any additional Wheel of Fortune donations you make. You may continue to play the Wheel of Fortune as many times as you wish, but only as long as there are prizes available.  

3.             NYC Fabulous Fund Fair and Wheel of Fortune admission tickets are non-refundable, except in the event either the NYC Fabulous Fund Fair and/or the Wheel of Fortune is cancelled by the Organizers.

4.             There will be a total of twenty six (26) prizes available for the participants of the Wheel of Fortune, divided into four (4) donation value tiers. A full description of the prizes is available with these Terms and Conditions on our website at the following link www.newyorkfundfair.org. You may choose to pre-purchase specific prize lots prior participating in the Wheel of Fortune to secure an available prize of your choice.  Prizes are available on a first-come basis. Should you choose not to pre-purchase a prize, you agree to choose from any of the prizes that are available at the time of your participation.

5.             In exchange for your valuable donation you will be given the opportunity to appear on stage with the presenter of the Wheel of Fortune game to participate in a fun and exciting display recognizing your charitable contribution in front of the attendees of the Fabulous Fund Fair.  If you pre-purchase a specific prize item you will be asked to join the host on stage to receive your recognition and reveal your prize to the audience with a symbolic spin of the Wheel of Fortune.  In the alternative to pre-purchasing a prize item, you may instead choose to select your prize by playing the Wheel of Fortune game to determine your prize.  The rules of the Wheel of Fortune game is as follows:

a.      The presenter of the Wheel of Fortune will ask you and other participating donors a trivia question.  The first participating donor to answer the question correctly will get the first opportunity to spin the Wheel of Fortune.  This trivia portion will continue until all participating donors have the opportunity to spin the Wheel of Fortune.

b.    Upon answering the trivia question correctly you will have the opportunity to select four available prizes from your donation tier that you will have an opportunity to win.

c.     After selecting your four potential prizes you, or a person of your choice, will spin the wheel to determine which prize you win for your donation.

d.    If you are unsatisfied with the outcome of the prize selection, for an additional donation of 10% of the tier value you chose to play ($1,000.00; $2,500.00; $5,000.00; $20,000.00), you may exchange the prize for one of the other three prizes you selected for your play.

6.             All prizes are awarded “AS IS”, “AS AVAILABLE”, and without warranty of any kind, express or implied, including without limitation any implied warranty of merchantability or fitness for a particular purpose.  All federal, state and local taxes and duties are the winner’s responsibility.  A prize may not be transferred, substituted or redeemed for cash, except that the Organizers reserve the right to substitute a prize of equal or greater value due to prize availability.  All donations pledged or made must be fully funded or paid before you may collect or take possession of the related prize.  As a quid pro quo donation, you hereby acknowledge and understand that your donation may only be deductible in the amount exceeding the market value of the prize you select.  The Organizers will provide a timely confirmation of the donation amount and a statement of fair market value for the value of any goods or services received by you.  The difference between the donation amount and the goods and services received is typically the amount of the charitable donation, however you agree and are advised to consult with your accountant or other tax advisors and that the Organizers shall have no responsibility for providing any advice or services related to your taxes or deductions.    

7.             Before you make your prize selection, you must ensure that you are able claim each particular prize in compliance with all applicable laws and regulations; and that you, as a prize winner (and/or any of your companions participating in the prize activity),  have all necessary permissions, authorizations and/or qualifications to carry out the activity specified in the prize description, including, by way of example not limitation, appropriate identification, clean driving licence, minimum age qualification, security clearance, etc.   It shall be your responsibility to ensure that all such qualifications requirements are met.  For more details regarding each prize qualifications, please email us at newyork@fundfair.com.

8.             Within seven (7) days after the NYC Fabulous Fund Fair, the Organizers will contact you to arrange for the delivery of your prize by sending you a written notification setting forth the details for claiming your prize, which will include:  the expiration date for claiming your prize, and additional costs associated with the prize (i.e., an airfare to the destination), the estimate of the fair market value of the prize, and any other relevant specifications and information.

9.    All Tier items include only the goods and services expressly described.   Unless expressly specified, the Tier item does not include ground or air or sea transportation, meals, in-room charges, telephone calls, gratuities, incidentals, sundries and other expenses are not included. For Tier items involving travel or lodging, hotel reservations and flights are subject to availability, and may be subject to certain restrictions and blackout dates.  Any flight or customs taxes or duties and surcharges or VAT are your sole responsibility.  Any cancellations, interruptions or changes made by you after an initial booking shall be at your sole expense.   The Tier item selected may be subject to additional terms and conditions, and may or may not be transferable, sold or otherwise assigned by you to a third party.   It will be your sole responsibility to obtain all required travel documents, and you acknowledge and agree that the Organizers will not obtain or provide any prize, travel and medical insurance, medical examinations and/or vaccinations, and obtaining any other necessary documentation including passports and visas.

10.          Unless otherwise stated in a written notification by the Organizers provided under paragraph 9 above, the Wheel of Fortune prizes will lapse, and will not be claimable, after October 27, 2018. The Organizers accept no liability if any prize, for any reason whatsoever, have not been claimed within the specified time period.  The prizes are not redeemable for cash.  

11.          By purchasing the admission ticket to the Wheel of Fortune, you represent and warrant that you are at least the age of majority in the jurisdiction in which you live, and can legally consent to be bound by and subject to these Terms and Conditions. 

12.          By attending the NYC Fabulous Fund Fair, you acknowledge and agree to grant the Foundation the right at the NYC Fabulous Fund Fair to record, film, photograph or capture your likeness in any media now available and hereafter developed and to distribute, broadcast, publish, use or otherwise globally to disseminate, in perpetuity, your likeness or such media without any further approval from you or any payment to you.  This grant includes, but is not limited to, the right to edit such media, the right to use the media alone or together with other information, and the right to allow others to use and/or disseminate the media.  You further agree that the Organizers may use or publish your name and information about town or county of your residence in connection with the announcement of the winners of the prizes, and for any other reasonable and related promotional purposes.

13.          You further acknowledge that the Organizers have not made, and is not liable or responsible for, any warranty, representation or guarantee, express or implied, in fact or in law, relative to the NYC Fabulous Fund Fair or any prize, including, but not limited to, its quality, mechanical condition, fitness for a particular purpose, accuracy, timeliness and merchantability.  None of the Organizers nor any of its affiliates can accept any responsibility or liability for reliance by you or any person on any aspect of the NYC Fabulous Fund Fair and/or any information provided at the NYC Fabulous Fund Fair.

14.          To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless each of the Organizers and their respective officers, directors, employees, agents and volunteers from all liabilities, damages, costs and expenses, including but not limited to reasonable attorneys' fees and costs of suit, including expert witness fees if applicable, and any incidental, consequential or punitive damages, arising from of or related to (a) you attending the NYC Fabulous Fund Fair and participating in the Wheel of Fortune, (b) consequences of your reliance on, or use of, or participation in any prize or related activities, including any proceedings related to taxation or charitable deductions, (c) mistakes, defects or delays in performance; or (d) related to any violation of these Terms and Conditions by you.

15.          These Terms and Conditions shall be governed by the laws of the State of New York and the parties shall submit to the exclusive jurisdiction of the New York courts located in the City of New York, Borough of Manhattan.

16.          The Organizers reserve the right to amend or supplement these Terms and Conditions, and to hold, void, suspend, cancel, the Wheel of Fortune in case it becomes necessary to do so. 

17.          You acknowledge that the Organizers may, in their sole discretion, exclude you from participating in the Wheel of Fortune, if they have a reason to believe that you have breached these Terms and Conditions, or your behaviour creates a disruption or hinders the game and the enjoyment of the NYC Fabulous Fund Fair by other attendees.

18.          The Foundation is registered with the New York State Attorney General's Charities Bureau (Registration Number 21-17-80).  You may obtain a copy of the Foundation's annual report by writing to the Foundation at c/o Weiss, PLLC 614 Corporate Way, Suite 3-M, Valley Cottage , NY 10989, or by writing to the Office of the Attorney General, Department of Law, Charities Bureau, 120 Broadway, New York, NY 10271.

19.          AmfAR is registered with the New York State Attorney General's Charities Bureau (Registration Number 03-30-53).  You may obtain a copy of the amfAR's annual report by writing to amfAR at [120 Wall Street, 13th Floor, New York , NY 10005-3908], or by writing to the Office of the Attorney General, Department of Law, Charities Bureau, 120 Broadway, New York, NY 10271.