1. ELIGIBILITY: The UH Rainbow $20,000 Backyard Makeover, (hereinafter “Makeover”) is limited to residents residing in Cuyahoga, Lorain, Lake, Geauga, Portage, Summit and Medina Counties in Northeast Ohio. The winner of the Makeover (hereinafter “winner”) must be at least 21 years of age and a current homeowner at the time of entry.
2. SPONSOR/ADMINISTRATOR: The Makeover is a charity event for Rainbow Babies & Children’s Foundation (“RBCF”) to benefit UH Rainbow Babies & Children’s (hereinafter “RBC”). The primary sponsor is The Ohio Valley Group, 16965 Park Circle Dr., Chagrin Falls, OH 44021 (hereinafter “OVG”).
3. AGREEMENT TO OFFICIAL RULES: By participating, those who buy tickets for the Makeover (hereinafter “Entrants”) agree to abide by and be bound by these Official Rules and the decisions of RBCF and OVG, which are final and binding in all matters relating to the Makeover.
4. TICKET PURCHASE AND CONDITIONS: Eligible residents may purchase tickets for the Makeover online during the time period of December 7, 2018 at 7 a.m. through midnight of February 11, 2019. Cash, check and major credit cards accepted for entry fee. Acceptable credit cards include: American Express, MasterCard, Visa and Discover. In the event that non-cash payments are not cleared for payment, the ticket becomes ineligible. Tickets are non-refundable. An organization may not purchase a ticket in its name, nor can anyone purchase a ticket and put it in the name of an organization. Ticket control will be handled by RBC and is subject to audit at any time. The cost of the raffle ticket is not deductible for federal income tax purposes.
5. PRIZE /APPROXIMATE RETAIL VALUE: The Makeover prize is valued at a minimum of $20,000 which includes $2,000 of design time, $8,000 of labor, and $10,000 in donated materials from various vendors (hereinafter “Donors”). The cash value of materials will be determined by each individual Donor with the total of donations to be no less than $10,000. The materials to be donated may only be utilized in the final Makeover project as agreed upon by the winner and OVG.
6. MAKEOVER WINNER SELECTION, NOTIFICATION, AND CONDITIONS: One potential winner will be selected in a random drawing on February 15, 2019 from all eligible entries received. The winner will be notified by a representative of RBCF and must claim the prize by February 25, 2019 by contacting OVG either in writing or over the phone.
The drawing will be conducted by RBCF, whose decisions on all matters relating to the Makeover drawing shall be final and binding. In the event that a potential winner is disqualified for any reason, RBCF may, in its sole discretion, award the Makeover to an alternate potential winner selected at random. Disqualification or forfeiture of a winner may result from any of the following: (1) a potential winner’s failure to respond to notification promptly after its transmission; (2) the return of an email notification as undeliverable after three (3) attempts; (3) a potential winner’s failure to provide RBCF with satisfactory proof of age, identity and residency; (4) a potential winner’s failure to validly claim the Makeover by February 25, 2019; and (5) any other non-compliance with the Official Rules. The Makeover is non-transferrable and the winner must use the Makeover to renovate/install in their own backyard only. The winner is solely responsible for payment of all applicable local/state/federal taxes.
ADDITIONAL MAKEOVER CONDITIONS
A. After the winner has been verified by RBCF, OVG will communicate directly with the winner to create a custom outdoor design and receive written approval from the winner. The Makeover will be installed for the raffle winner between July 1, 2019 and September 1, 2019. The design meetings will occur prior to July 1, 2019. Any changes to the scheduling must be approved by OVG and the winner. A contract will be made between the winner and OVG with a credit made toward design, labor and materials donated by vendors. Additional costs must be agreed upon in the initial contract prior to the construction process to guarantee stated amount.
B. OVG’s design costs for the makeover will not exceed Two Thousand Dollars [$2,000] which is equal to ten percent [10%] of the Makeover total cost. This dollar amount is the equivalent to sixteen  man hours from OVG allocated for meeting time, travel time, measuring and design time. Any additional design costs must be approved by OVG and the winner. OVG will provide a full explanation of the design and associated costs (if any) through the design process.
C. OVG labor costs for installing the Makeover will not exceed Eight Thousand Dollars [$8,000] which is equal to forty percent [40%] of the Makeover total cost. This dollar amount is equivalent to one hundred twenty-three  man hours from OVG allocated to supervision, equipment, travel and installation times. Any additional labor costs must be approved by OVG and the winner. Payment of additional labor costs will be paid directly to OVG. Time of payment for additional work will be paid upon services rendered.
D. Materials provided by Donors may only be used in the Makeover unless otherwise agreed upon by the winner, OVG and the Donor. The winner and OVG will work together to determine which donated materials will be used in the Makeover with the understanding that some Donor materials may not be utilized and that the final design may not include a total of $10,000 worth of donated materials. If the winner of the Makeover desires materials above those donated, the winner is responsible for payment of the materials directly to the vendor above the level of the donated items unless otherwise agreed upon by the winner and OVG.
E. OVG reserves the right to withdraw its services from the winner under the following circumstances: [a] if unsafe conditions are encountered for the employees of OVG; safe conditions will be solely determined by OVG; and/or [b] if the Makeover raffle winner fails to cooperate within the parameters of the Makeover raffle Official Rules.
F. The winner may make changes after the construction begins using a standard change order process. RBCF will work with OVG, if necessary, to explain the parameters of the Makeover to the winner of the Makeover raffle.
G. The Makeover is non-transferrable and cannot be exchanged for cash.
7. RELEASE: The winner may agree to appear on all promotional materials in conjunction with Makeover as deemed appropriate by RBCF.
8. LIMITATIONS OF LIABILITY: The winner agrees that all prizes are awarded on the condition that neither RBCF, RBC, OVG, participating Donors, nor any of their respective affiliates, subsidiaries, parent corporations, employees, agents or representatives, advertising and promotion agencies, and their respective officers, directors, and shareholders will have any liability whatsoever for any injuries, losses or damages or any kind resulting from acceptance, installation, possession or uses of any prizes. Winner further acknowledge that said parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee express or implied, in fact or in law, relative to any prize, including but not limited to its quality, mechanical condition or fitness. Void where prohibited or restricted by law. RCBF and OVG reserve the right to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Makeover. RCBF, OVG and its affiliates are not responsible for: (1) any incorrect or inaccurate information or technical failures of any kind; (2) unauthorized human intervention in any part of the entry process or the Makeover; or (3) any other computer, network, technical, human or other error, problem or malfunction that may occur in connection with the administration of the Makeover, the processing of entries, or the selection or notification of the winner. Further, if, for any reason, the Makeover is not capable of running as planned for reasons outside the control of RCBF or OVG which, in the sole opinion of RCBF or OVG, may corrupt or affect the administration, security, fairness, integrity or proper conduct of the Makeover (or portion thereof), RCBF and OVG reserves the right, at their sole discretion, to cancel, terminate, modify or suspend the Makeover (or a portion thereof). In the event of such cancellation, termination, modification or suspension, RCBF will select the winner from all eligible, non-suspect entries received prior to such action. RCBF also reserves the right at RCBF’s sole discretion to disqualify the entry of any individual found to be (a) tampering or attempting to tamper with the entry process or the operation of the Makeover or any website or application operated by RCBF, RBC, University Hospitals Health System, Inc., and their affiliates; (b) using any robotic, macro, automatic, programmed or like entry methods, which will void all such entries; (c) violating these Official Rules or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten, or harass any other person.
9. DISPUTES: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of Entrants, the winner, Administrators and Donors in connection with the Makeover shall be governed by and construed in accordance with the laws of the State of Ohio without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s or jurisdiction’s laws. By participating in the Makeover, Entrants agree that: (i) any and all disputes, claims, and causes of action arising out of or in connection with the Makeover, shall be resolved individually without resort to any form of class action; (ii) any judicial proceeding shall take place in a federal or state court within the State of Ohio; (iii) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Makeover, but in no event will attorneys’ fees be awarded or recoverable; (iv) under no circumstances will Entrants be permitted to obtain awards for, and Entrants hereby waives all rights to seek, punitive, incidental, exemplary, consequential, special damages, lost profits, other damages, and/or any rights to have damages multiplied or otherwise increased; and (v) Entrant’s remedies are limited to a claim for money damages (if any) and he/she waives any right to seek injunctive or equitable relief.
10. SEVERABILITY: The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. If any provision of the Official Rules is determined to be invalid or otherwise unenforceable, the other provisions will remain in effect and will be construed as if the invalid or unenforceable provision were not contained herein.
11. WINNER CONFIRMATION: For a written confirmation of the winner (available after March 1, 2019), send a stamped, self-addressed envelope (no later than March 31, 2019), to: Winner Confirmation Request, c/o Rainbow Babies & Children’s Foundation, 11100 Euclid Avenue, Mail Stop MCCO-5062, Cleveland OH 44106.