849.0935 Charitable, nonprofit organizations; drawings by chance; required disclosures; unlawful acts and practices; penalties. —
(1) As used in this section, the term:
(a) “Drawing by chance ” or “drawing ” means an enterprise in which, from the entries submitted by the public to the organization conducting the drawing, one or more entries are selected by chance to win a prize. The term “drawing ” does not include those enterprises, commonly known as “matching ,” “instant winner ,” or “pre-selected sweepstakes ,” which involve the distribution of winning numbers, previously designated as such, to the public.
(b) “Organization ” means an organization which is exempt from federal income taxation pursuant to 26 U.S.C. s. 501(c)(3), (4), (7), (8), (10), or (19), and which has a current determination letter from the Internal Revenue Service, and its bona fide members or officers.
(2) The provisions of s. 849.09 shall not be construed to prohibit an organization qualified under 26 U.S.C. s. 501(c)(3), (4), (7), (8), (10), or (19) from conducting drawings by chance pursuant to the authority granted by this section, provided the organization has complied with all applicable provisions of chapter 496.
(3) All brochures, advertisements, notices, tickets, or entry blanks used in connection with a drawing by chance shall conspicuously disclose:
(a) The rules governing the conduct and operation of the drawing.
(b) The full name of the organization and its principal place of business.
(c) The source of the funds used to award cash prizes or to purchase prizes.
(d) The date, hour, and place where the winner will be chosen and the prizes will be awarded, unless the brochures, advertisements, notices, tickets, or entry blanks are not offered to the public more than 3 days prior to the drawing.
(e) That no purchase or contribution is necessary.
(4) It is unlawful for any organization which, pursuant to the authority granted by this section, promotes, operates, or conducts a drawing by chance:
(a) To design, engage in, promote, or conduct any drawing in which the winner is predetermined by means of matching, instant win, or pre-selected sweepstakes or otherwise or in which the selection of the winners is in any way rigged;
(b) To require an entry fee, donation, substantial consideration, payment, proof of purchase, or contribution as a condition of entering the drawing or of being selected to win a prize. However, this provision shall not prohibit an organization from suggesting a minimum donation or from including a statement of such suggested minimum donation on any printed material utilized in connection with the fundraising event or drawing;
(c) To condition the drawing on a minimum number of tickets having been disbursed to contributors or on a minimum amount of contributions having been received;
(d) To arbitrarily remove, disqualify, disallow, or reject any entry or to discriminate in any manner between entrants who gave contributions to the organization and those who did not give such contributions;
(e) To fail to promptly notify, at the address set forth on the entry blank, any person, whose entry is selected to win, of the fact that he or she won;
(f) To fail to award all prizes offered;
(g) To print, publish, or circulate literature or advertising material used in connection with the drawing which is false, deceptive, or misleading;
(h) To cancel a drawing; or
(i) To condition the acquisition or giveaway of any prize upon the receipt of voluntary donations or contributions.
(5) The organization conducting the drawing may limit the number of tickets distributed to each drawing entrant.
(6) A violation of this section is a deceptive and unfair trade practice.
(7) Any organization which engages in any act or practice in violation of this section is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. However, any organization or other person who sells or offers for sale in this state a ticket or entry blank for a raffle or other drawing by chance, without complying with the requirements of paragraph (3)(d), is guilty of a misdemeanor of the second degree, punishable by fine only as provided in s. 775.083.
(8) This section does not apply to the state lottery operated pursuant to chapter 24.
Raffle Rescue Inc Official Raffle Rules:General Rules:
Individuals/companies/groups and such entering into our raffle program must be 18 years or older, a legal resident of the United States. When obtaining a raffle ticket you are in understanding of this and all of our rules set forth, any breach on the ticket holders part will result in a forfeited non eligible ticket. Tickets may be available on line at Raffle Rescue, Inc web site, in person at local events or at the selected establishment or by mail. Tickets may only be valid for one person at a time, for those who are donating by groups; only one person’s name on a ticket from that group can be a winner, if more than one name is listed on any ticket, then the first name on that ticket will be considered the official winner. By entering into any of our raffles – You are agreeing that your information may be used for publicities purposes in the media and/or print marketing as well as on all of our marketing, website, blogs and any other media marketing Raffle Rescue conducts and that all information you have provided on your ticket is true and you are at least eighteen years old. With ALL of our raffles, we are not responsible for ineligible ticket information on drawled ticket, should information not be legible to read correctly, and then another ticket will be drawn. Once a winner is established, winner is then notified within 48 hours by email if applicable or phone by information provided on a legible entry ticket, once verification is completed by Raffle Rescue, Inc, then within 2 to 4 weeks they will receive their prize via certified US postal mail or in person, whichever arrangements Raffle Rescue, Inc has made with the winner upon contacting. Raffle Rescue holds no responsibility for lost, misdirected, stolen, undeliverable or any other unforeseen or malice mishap of the mailed prize or the prize itself. Once it is mailed (certified mail) or given from Raffle Rescue we hold no further claims or responsibility to that prize. Some prizes are also subject to the rules and regulations set forth by that particular prize entity. We would never intentionally sell, giveaway or provide your personal information to anyone. All information provided to us does not get stored or saved unless you are one of our winners. If any of our prizes constitutes a withholding of local or state taxes, this is the responsibility of the winner unless Raffle Rescue, Inc specifies in a particular raffle that those will be paid by Raffle Rescue, Inc as part of the prize. Once you take a chance with Raffle Rescue, Inc and do not hear from us after a raffle draw date, you may always check our web site under Blog under Winner Circle to see who did win that prize draw.
These are held on donated items, services or products or purchased items by Raffle Rescue, Inc. Tickets can be obtained as described in the above paragraphs, and all the same rules apply, donations for tickets vary from raffle to raffle. Ticket donation suggestion may be printed on the actual ticket, specified on the flier in which that particular item is being marketed, as well as ticket quantities, draw date and place/time. Each local raffle will vary in these stipulations according to the actual prize being won. If someone donates for a raffle and wins that raffle prize and they are seasonal residence or live outside the State of Florida, then that prize winner may be required if applicable for that prize won, any fee’s that may be associated to obtain that prize such as shipping/handling should prize need to be mailed to that prize winner not located in the State of Florida. Void where prohibited by law, no purchase necessary to enter.
Is my contribution tax deductible? Read the following:
Example here and its very common. Go to a charitable organizations dinner for $350 per ticket (ie tax deductible organization fund raising event.) An organization Technically is required to deduct what they receive from a tax deductible charge so they would need to estimate the cost of the dinner and deduct that from the $350 ticket. So with that said, under a raffle program all contributions would be tax deductible but if someone won they would need to deduct the benefit they received from their contribution or deduction for tax purposes, not sure, consult a tax prepare or CPA before making a donation or contribution.
Nationwide raffles are available in most states of the US with exceptions to those states that do not allow raffle programs, all rules as stated above still apply in addition to set rules by that individual raffle, which will be displayed on the actual raffle page do to the extent of that particular raffle.
“A COPY OF THE OFFICIAL REGISTRATION AND FINANCIAL INFORMATION MAY BE OBTAINED FROM THE DIVISION OF CONSUMER SERVICES BY CALLING TOLL-FREE WITHIN THE STATE. REGISTRATION DOES NOT IMPLY ENDORSEMENT, APPROVAL, OR RECOMMENDATION BY THE STATE.”
• 1-800-HELP-FLA (435-7352)
Please remember that our raffle program is one of our funding sources for our mission. You understand that this is not a gaming site. If you have any questions or concerns please contact Raffle Rescue, Inc. at any time. If you do not feel as if you would like to participate in our raffle program, this is your prerogative, you may still give a kind donation to our mission in any form you may wish to contribute.
“Take a CHANCE to give Animals a CHANCE for Life”