The 8th Annual Climate XChange EV Raffle — Legal Details
Nothing on this page is intended to constitute legal or tax advice. All readers should consult their own legal and/or tax advisors.
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The Eighth Annual Climate XChange EV Raffle (the Raffle) is held in the State of Massachusetts. It is governed by the General Laws of Massachusetts, Part IV, Title I, Chapter 271, Section 7A. These laws have been interpreted into regulations by the Attorney General of Massachusetts. These regulations are known as “940 CMR 12.00” and may be found here.
These are not the only laws and regulations that govern raffles, and your state or the federal government may have different laws and regulations with which you are obligated to comply. For example, for further information about raffles and federal taxation, consult IRS Notice 1340 Tax-Exempt Organizations and Raffle Prizes.
Climate XChange Education and Research, Inc. (CXC), its members, officers, directors, agents, and representatives and their parent organizations, affiliates, subsidiaries, vendors, and advertising and legal advisors are not responsible for and shall not be liable for: (i) late, lost, delayed, damaged, misdirected, incomplete, illegible or unintelligible entries; (ii) failed, returned, or misdirected notifications based on inaccurate information provided by the entrants or winner; (iii) telephone, electronic, hardware, or software program, network, internet, or computer malfunctions, failures, or difficulties resulting from participation in this Raffle or otherwise; (iv) any condition caused by events beyond the control of CXC that may cause the Raffle to be disrupted or corrupted; or (v) any injuries, losses or damages of any kind caused by a prize or resulting from acceptance, possession, or use of a prize, or from participation in the Raffle. Climate XChange Education and Research, Inc., reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the use of the software version of the raffle and instead conduct a non-electronic raffle.
Other local, state and federal laws and regulations may apply.
Persons Authorized for The Eighth Annual Climate XChange EV Raffle
The Massachusetts Attorney General’s regulations, 940 CMR 12.04, “Record Keeping, Financial Control” section (3)(b), states that the organization sponsoring a raffle shall maintain “a list of members authorized to sell raffle tickets or participating in any way in the promotion or operation of the raffle”. That list is:
- Irene Anastasiou
- Wandra Ashley-Williams
- Cathy Carruthers
- Greg Casto
- Kalman Gacs
- Paola Ferreira Miani
- Destiny Gonzalez
- Michael Herchenroder
- Peter Kirby
- Jonah Kurman-Faber
- Amanda Pontillo
- Kristen Soares
- Katrina Sousounis
- Julianna Stoll
- Laura Teicher
- Ruby Wincele
- Quinton Zondervan
The General Laws of Massachusetts, Part IV, Title 1, Chapter 271, Section 7A, state in part: “…no such member shall receive remuneration in any form for time or effort devoted to the promotion or operation of such raffle or bazaar.”
None of the members listed above, nor any other member, Board Member, volunteer, intern, or staff member of CXC is receiving or shall receive any remuneration of any kind for promoting or operating this raffle.
Persons Allowed to Purchase The Eighth Annual Climate XChange EV Raffle Tickets
You must be 18 years old to purchase a raffle ticket. People under age 18 can’t purchase raffle tickets. Nor may persons under 18 years of age be the beneficiary of a ticket purchase.
Void where prohibited. The raffle is not available for purchase while located in Alabama, Arkansas, California, Hawaii, and Utah.
Ticket purchaser — and beneficiary, if the beneficiary is not the same as the purchaser — must also be citizens of the United States or legal residents thereof and meet eligibility requirements outlined in 940 CMR 12.03(3), which states:
(3) No member or employee, or immediate family member of a member or employee, of a sponsoring organization who has been directly involved in the promotion or operation of a raffle shall be permitted to purchase tickets to the raffle or win the prize. The sale of tickets alone shall not constitute the promotion and sale of a raffle for purposes of 940 12.03.
For purposes of this Raffle, “Immediate family” is defined as the member/employee and his/her spouse, and their parents, children, brothers, and sisters. We also apply this rule to our Board Members, interns and volunteers. We also apply this rule to our vendors and partners and their Board Members, employees, interns and volunteers. We also apply this rule to anyone who specifically donates to CXC as part of underwriting the Eighth Annual Climate XChange Electric Vehicle Raffle prize pool.
The intent of this rule is to avoid the creation of a conflict of interest or even the appearance of a conflict of interest.
Climate XChange Filings, Certificate & Permit
Climate XChange Education and Research (CXC), Inc., is a Massachusetts nonprofit. It is compliant in its filings with the Massachusetts Attorney General’s office. To find our filings, go to the Attorney General’s Non-Profit & Charities Document Search page, then for Charity Name type in “Climate XChange” and hit return. The search will return all organizations containing that name (of which there is just one at this time), but to be certain you have the correct organization you can verify that the AG Account Number is 056277 and the FEIN is 47-3976138. Click on the link to see our filings.
Climate XChange Education and Research, Inc. is also registered with the Massachusetts Secretary of State.
Climate XChange Education and Research, Inc. has received its 501(c)(3) approval letter from the US Internal Revenue Service.
Climate XChange Education and Research, Inc. possesses a Certificate for Solicitation, issued by the State of Massachusetts.
Climate XChange Education and Research, Inc. has obtained the necessary permit for conducting a raffle in the City of Boston, MA.
Climate XChange Education and Research, Inc. has received a 4-star 100% rating from Charity Navigator.
Climate XChange Education and Research, Inc. has received a Silver transparency rating from Guidestar.
You may contact Climate XChange Education and Research, Inc. as follows:
Paola Ferreira Miani
Executive Director
Climate XChange Education and Research, Inc.
One Beacon St., Fl. 15
Boston, MA 02108
(617) 624-0919
info@climate-xchange.org
Raffle Ticket Tax-Deductibility
Raffle tickets are NOT tax-deductible, even when the Raffle is being held by a tax-deductible organization. That is because a raffle ticket is regarded as a “thing of value”, i.e., you have a chance to win a prize. It is not treated as a tax-deductible donation. See Internal Revenue Service Publication 526, page 6.
Disclosures Required by Massachusetts Attorney General Regulations 940 CMR 12.00
The simplest way to perform the disclosures required of us by these regulations is to list each requirement of the regulations followed by our disclosure. Each piece of the regulation is quoted here in italics. You may find these regulations for yourself here. These mandated disclosures are listed in the specific section, 940 CMR 12.02: Disclosure.
For convenience, throughout this section we will refer to the Eighth Annual Climate XChange Tesla Raffle as the Raffle.
(1) In any raffle conducted pursuant to M.G.L. c. 271, § 7A, the sponsoring organization must disclose the following information either on the raffle ticket itself or in a written notice given to the purchaser prior to the sale:
We provide our disclosures here, where they may be reviewed prior to purchasing a ticket. We also provide appropriate disclosures on the ticket itself.
(a) a full and fair description of the prize;
There are Six Prizes in the Raffle : One Grand Prize, a Second Prize, a Third Prize, a Fourth Prize, a Fifth Prize, and the Early Bird Prize
The Grand Prize includes four components: (1) a payment made by Climate XChange directly to Tesla, Inc., Rivian Automotive, Inc, or selected other electric vehicle dealers on behalf of the Winner, to be used for the purchase of a Tesla, Rivian, or selected other electric vehicle for the Prize Winner; (2) the sales tax and registration fee payments required to purchase the vehicle on behalf of the Winner in MA (or the same amount paid to another state); (3) a Charging Support payment of $5,000 to be used for installation of a home charger and/or payments to electric vehicle charging networks; and (4) backup withholding tax payments made on behalf of the Prize Winner so that the Prize Winner does not have to provide that money. The backup withholding tax payments are specifically (a) a payment made to the United States Internal Revenue Service (IRS) and (b) a payment made to the Commonwealth of Massachusetts (MA) Department of Revenue (DOR).
Second, Third, Fourth, Fifth, and Early Bird Prize award amounts are listed in the Prize Descriptions. The Second, Third, Fourth, Fifth, and Early Bird Prize Winners, if applicable, will pay all backup withholding taxes required by law before receiving these money prizes. Climate XChange believes all five cash prize winners will be subject to payment of some withholding taxes.
In particular, as described in IRS Instructions for Forms W-2G and 5754 (01/2021), immediate federal backup withholding is required in the amount of 24% for winnings over $5,000. The Commonwealth of Massachusetts requires 5% withholding for winnings above $600. The Prize Winner must first send this money to Climate XChange, which will in turn forward these amounts to these tax authorities. Then, Climate XChange will issue a payment check to the Prize Winner in the full amount described in the Prize Description. For example, in the Raffle the Grand Prize has an Alternate All-Cash Prize value of $100,000. Of that amount, $24,000 must be sent to the IRS and another $5,000 must be sent to the DOR.
Selected Tax Payments are Part of the Eighth Annual Climate XChange EV Raffle Prizes
The requirement for a DOR backup withholding tax payment is as follows:
- Climate XChange Education and Research, Inc., is a nonprofit incorporated in Massachusetts with its headquarters located in the Commonwealth.
- Raffles are a type of wagering. See MA Technical Information Release TIR 13-4: Withholding on Wagering Winnings and MA TIR 15-14: Income Tax, Withholding and Reporting Rules for Certain Gambling Income.
- Residents of Massachusetts are subject to Massachusetts tax on income from a Massachusetts source; see Massachusetts General Laws (MGL) Title IX Chapter 62: Taxation of Incomes.
- A nonresident of Massachusetts is also subject to Massachusetts tax on income from an MA source; see Massachusetts General Laws (MGL) Title IX Chapter 62 Section 5A: Taxation of income earned by non-residents; regulations; certain military personnel.
- Withholding is required on wagering income in Massachusetts if it is required under IRS Section 3402; see MA TIR 13-4, section B.
- Withholding for the Commonwealth of Massachusetts shall apply to winnings of $600 or greater; see MA TIR 13-4, section B.
- Withholding of wagering income is required under IRS Internal Revenue Code Section 3402.
- Nonresidents of the Commonwealth of Massachusetts are also subject to Massachusetts income tax on income from a Massachusetts source; see Massachusetts General Laws (MGL) Title IX Chapter 62 Section 5A.
- Therefore, a Raffle Prize is subject to withholding by the Commonwealth of Massachusetts.
- Additionally, a Raffle Prize Winner who does not reside in Massachusetts may be required to file an income tax return in the Commonwealth, if the Winner’s gross income exceeds $8,000; see Mass.gov Personal Income Tax for Nonresidents. Note that the Raffle Grand and Second Place Prizes have values in excess of $8,000.
The Commonwealth of Massachusetts withholding rate is 5%; see Mass.gov to learn about gambling and the lottery in Massachusetts.
The IRS federal backup tax withholding payment is described by IRS Instructions for Forms W-2G and 5754 (01/2021).
Furthermore, because Climate XChange pays these withholding taxes on behalf of the Grand Prize Winner, the payments themselves are treated as income to the Prize Winner. Therefore, Climate XChange “grosses up” each payment to account for the taxes required on the payment itself. Further, from the perspective of the Internal Revenue Service, the payment that CXC makes to the Commonwealth of Massachusetts is itself additional taxable income; while from the perspective of the Commonwealth of Massachusetts, the payment that CXC makes to the Internal Revenue Service is also additional taxable income. CXC “grosses up” both payments until the calculations yield zero additional required dollars.
Grand Prize Description
The Raffle’s Grand Prize consists of (a) a payment of up to US$112,835 called the Prize Vehicle Payout, by Climate XChange directly to Tesla, Inc., on behalf of the Winner, to be used for purchase of a Model X Plaid Luxury SUV, Tesla Model S Luxury Sedan, Model Y Midsize SUV, or Model 3 Midsize Sedan with any options, accessories, and/or fee(s) as will fit within the Prize Vehicle Payout; (b) a payment of the sales tax and registration fee for the Prize Vehicle, up to $7,052 and $300, respectively; (c) a Charging Support payment of $5,000 to be used for installation of a home charger and/or payments to electric vehicle charging networks; (d) a payment of 33.33% of the total prize value to the Internal Revenue Service for the backup tax withholding required for this Prize; and (e) a payment of 5% of the total prize value to the Massachusetts Department of Revenue for the backup withholding tax required for this Prize. All prize options and costs shown in marketing material are set as of October 4, 2023 and reflect Tesla’s then-available options and pricing.
Alternate Grand Prize Description
The Raffle’s Alternate Grand Prize consists of (a) a payment of up to US$112,835 called the Prize Vehicle Payout, by Climate XChange directly to Rivian Automotive, Inc., on behalf of the Winner, to be used for purchase of a Rivian R1S Luxury SUV or R1T Truck with any options, accessories, and/or fee(s) as will fit within the Prize Vehicle Payout; (b) a payment of the sales tax and registration fee for the Prize Vehicle, up to $7,052 and $300, respectively; (c) a Charging Support payment of $,5000 to be used for installation of a home charger and/or payments to charging networks; (d) a payment of 33.33% of the total prize value to the Internal Revenue Service for the backup tax withholding required for this Prize; and (e) a payment of 5% of the total prize value to the Massachusetts Department of Revenue for the backup withholding tax required for this Prize. All prize options and costs shown in marketing material are set as of October 4, 2023 and reflect Rivian’s available options and pricing.
Your Choice Grand Prize Description
Climate XChange recognizes that there are an increasing variety of types and models of electric vehicles on the US market, and that some potential EV Raffle participants may prefer other EVs beyond the selection available from Tesla and Rivian. To date, Climate XChange has only offered vehicles from companies that sell direct to consumers, to guarantee fixed pricing and flexibility of delivery location. In our Eighth EV Raffle we are prepared to offer the option of a custom-selected EV from another brand’s direct-to-consumer or authorized dealer sales channel. If this option is selected, our Raffle Director will work with the Grand Prize winner to identify, locate and purchase such a custom-selected EV with the following conditions:
- The vehicle must be a fully battery-powered electric vehicle, not a hybrid or plug-in hybrid.
- It must be a new vehicle offered for sale direct from the manufacturer or by a brand-authorized dealer.
- Its price must fit within the Prize Vehicle Payout, or the winner must pay any overage; in no case will Climate XChange pay above the Prize Vehicle Payout.
- It must be readily available for delivery, so that the transaction can take place and payment from Climate XChange can be completed by June 30, 2024. If it is apparent on June 15, 2024 that this deadline cannot be met, the prize will default to the Alternate All-Cash Prize of $100,000.
If the winner cannot make a selection in a timely manner, they should order from Tesla or choose the Rivian R1T for fastest delivery, or opt for the Alternate All-Cash Prize of $100,000.
The Raffle’s Your Choice Grand Prize consists of (a) a payment of up to US$112,835 called the Prize Vehicle Payout, by Climate XChange directly to a selected brand’s authorized EV dealer on behalf of the Winner, to be used for purchase of an available EV with any options, accessories, and/or fee(s) as will fit within the Prize Vehicle Payout; (b) a payment of the sales tax and registration fee for the Prize Vehicle, up to $7,052 and $300, respectively; (c) a Charging Support payment of $5,000 to be used for installation of a home charger and/or payments to charging networks; (d) a payment of 33.33% of the total prize value to the Internal Revenue Service for the backup tax withholding required for this Prize; and (e) a payment of 5% of the total prize value to the Massachusetts Department of Revenue for the backup withholding tax required for this Prize.
The total expenditure by the Raffle on the Grand Prize is the sum of the Prize Payout, including sales tax and registration fee payments, the Charging Support payment, plus the two withholding tax payments: up to US$176,320. We call this sum the Total Prize Payout.
The Alternate All-Cash Prize for the Grand Prize is $100,000.
See also Additional Description for All Prizes, below.
Second Prize Description
The Raffle’s Second Prize consists of (a) a payment of US$10,000, called the Prize Payout, by Climate XChange directly to the winner. The Prize Winner must be prepared to pay all backup withholding taxes required by law before receiving the money prize.
In particular, as described in IRS Instructions for Forms W-2G and 5754 (01/2021), immediate backup withholding is required in the amount of 24%. The Commonwealth of Massachusetts requires 5%. The Prize Winner must first send this money to Climate XChange, which will in turn forward these amounts to these tax authorities.
The Prize Winner may instead choose to allow Climate XChange to perform withholding from the Prize itself, in which case Climate XChange will send the winner a payment check of the net proceeds of the Prize after accounting for the withholding deductions.
See also Additional Description for All Prizes, below.
Third Prize Description
The Raffle’s Third Prize consists of (a) a payment of US$5,000, called the Prize Payout, by Climate XChange directly to the winner. The Prize Winner must be prepared to pay all backup withholding taxes required by law before receiving the money prize.
In particular, the Commonwealth of Massachusetts requires 5%. The Prize Winner must first send this money to Climate XChange, which will in turn forward these amounts to these tax authorities.
The Prize Winner may instead choose to allow Climate XChange to perform withholding from the Prize itself, in which case Climate XChange will send the winner a payment check of the net proceeds of the Prize after accounting for the withholding deductions.
See also Additional Description for All Prizes, below.
Fourth Prize Description
The Raffle’s Fourth Prize consists of (a) a payment of US$3,000, called the Prize Payout, by Climate XChange directly to the winner. The Prize Winner must be prepared to pay all backup withholding taxes required by law before receiving the money prize.
In particular, the Commonwealth of Massachusetts requires immediate backup withholding of 5%. The Prize Winner must first send this money to Climate XChange, which will in turn forward these amounts to these tax authorities.
The Prize Winner may instead choose to allow Climate XChange to perform withholding from the Prize itself, in which case Climate XChange will send the winner a payment check of the net proceeds of the Prize after accounting for the withholding deductions.
See also Additional Description for All Prizes, below.
Fifth Prize Description
The Raffle’s Fifth Prize consists of (a) a payment of US$2,000, called the Prize Payout, by Climate XChange directly to the winner. The Prize Winner must be prepared to pay all backup withholding taxes required by law before receiving the money prize.
In particular, the Commonwealth of Massachusetts requires immediate backup withholding of 5%. The Prize Winner must first send this money to Climate XChange, which will in turn forward these amounts to these tax authorities.
The Prize Winner may instead choose to allow Climate XChange to perform withholding from the Prize itself, in which case Climate XChange will send the winner a payment check of the net proceeds of the Prize after accounting for the withholding deductions.
See also Additional Description for All Prizes, below.
Early Bird Prize Description
There will be an Early Bird cash prize of $10,000.
- The deadline to be eligible for the Early Bird prize is 11:59pm on Saturday, November 18, 2023. All entries received by 11:59 pm Eastern Time on Saturday, November 18, 2023 are eligible for the Early Bird cash prize of $10,000.
- The Early Bird drawing date is Monday, November 20, 2023.
- Winner must claim the Early Bird prize within 30 days of the drawing: on or before Wednesday, December 20, 2023.
- The winner will be posted on social media and shared via email to ticket purchasers.
- The Early Bird winner will also be eligible for the Grand Prize and other prizes to be drawn on Thursday, February 29, 2024.
- Tickets sold after the Early Bird drawing deadline, on or after Sunday, November 19, 2023 will only be eligible to win the Grand Prize and other prizes to be drawn on Thursday, February 29, 2024.
The Raffle’s Early Bird Prize consists of (a) a payment of US$10,000, called the Prize Payout, by Climate XChange directly to the winner. The Prize Winner must be prepared to pay all backup withholding taxes required by law before receiving the money prize.
In particular, as described in IRS Instructions for Forms W-2G and 5754 (01/2021), immediate backup withholding is required in the amount of 24%. The Commonwealth of Massachusetts requires 5%. The Prize Winner must first send this money to Climate XChange, which will in turn forward these amounts to these tax authorities.
The Prize Winner may instead choose to allow Climate XChange to perform withholding from the Prize itself, in which case Climate XChange will send the winner a payment check of the net proceeds of the Prize after accounting for the withholding deductions.
See also Additional Description for All Prizes, below.
Additional Description for All Prizes
Any and all additional taxes, fees, assessments or payments of any kind to any organization whatsoever, including but not limited to the IRS, DOR, the Prize Winner’s state or local authorities, beyond the amounts listed in this section are the sole responsibility of the Prize Winner.
The Tesla Model X Plaid Luxury SUV, Model S Luxury Sedan, Model Y Midsize SUV, Model 3 Midsize Sedan, Rivian R1S or R1T, or selected other electric vehicle chosen by the Prize Winner may be built to order, i.e., customized; or may be an Inventory Vehicle offered by Tesla or Rivian; or may be a Certified Pre-Owned vehicle offered by Tesla or Rivian (to the extent offered by Rivian); or may be a new electric vehicle offered by an authorized dealer for that brand.
Under no circumstance shall CXC pay Tesla, Rivian, or a dealer more than the maximum Prize Vehicle Payout, state sales taxes, and vehicle registration on behalf of the Prize Winner.
The Raffle allows the Prize Winner to select a Tesla- or Rivian-supplied, or selected other electric vehicle which has a total price less than the maximum Prize Vehicle Payout. The difference between the maximum Prize Vehicle Payout and the actual Prize Vehicle Payout shall be retained by CXC. The Raffle will make the withholding payments to the IRS and the DOR based on the actual Prize Vehicle Payout.
The Raffle allows the Prize Winner to select a Tesla- or Rivian-supplied, or selected other electric vehicle which has a total price greater than the maximum Prize Vehicle Payout. However, the Raffle will only send the maximum Prize Vehicle Payout amount to Tesla, Rivian or the authorized dealer. Any additional money required to purchase the vehicle is the sole responsibility of the Prize Winner. In this case, the Raffle will still make the withholding payments to the IRS and the DOR as described in each Prize Description.
The Prize Vehicle Payout may not be used to buy a privately-sold vehicle.
For the Grand Prize, CXC’s Prize payment to Tesla, Rivian, or the authorized dealer should be completed no later than June 30, 2024 and the Prize Winner should take delivery of the Prize vehicle no later than December 31, 2024. Prize Winners should note that vehicle delivery dates are the sole responsibility of Tesla, Inc., Rivian Automotive, Inc., and other manufacturers. Climate XChange has no control over them, so Prize Winners should plan accordingly. We will however work with Prize Winners and manufacturers/dealers to accelerate delivery to the extent possible.
It is Climate XChange’s intent that each Prize will be purchased within Climate XChange’s 2024 tax year (7/1/23– 6/30/24) and will be accounted for as a fiscal 2024 transaction. That said, the Grand Prize Winner is encouraged to initiate configuration of their electric vehicle as soon as 10 business days following the Drawing. CXC will make the required order confirmation deposit available to Tesla, Rivian, or an authorized dealer as soon as the Grand Prize Winner has concluded configuration and is ready to initiate production and purchase of the vehicle. CXC will pay the remainder of the Prize Payout to Tesla, Rivian, or the dealer when they are ready for final payment, in the customary process.
Description of Alternate All-Cash Prize
The Raffle also offers the Grand Prize Winner the option of selecting an Alternate All-Cash Prize. Amounts are listed in the Prize Descriptions, above. In this case, the Grand Prize Winner may choose to receive only money as a prize, with no Tesla, Rivian or other electric vehicle component whatsoever. Should the Grand Prize Winner choose this option, the Grand Prize Winner must be prepared to pay all backup withholding taxes required by law before receiving the money prize.
In particular, as described in IRS Instructions for Forms W-2G and 5754 (01/2021), immediate backup withholding is required in the amount of 24%. The Commonwealth of Massachusetts requires 5%. The Prize Winner must first send this money to Climate XChange, which will in turn forward these amounts to these tax authorities. Then, Climate XChange will issue a payment check to the Grand Prize Winner in the full amount described in the Prize Description.
The Prize Winner may instead choose to allow Climate XChange to perform withholding from the Prize itself, in which case Climate XChange will send the winner a payment check of the net proceeds of the Prize after accounting for the withholding deductions.
Incentives
The Grand Prize vehicle may be eligible for additional benefits, depending on the winner’s location and income, and the vehicle’s price and US manufacturing content. The Inflation Reduction Act of 2022 provides for new federal EV incentives from January 1, 2023, though certain Tesla, Rivian, and other vehicles will not qualify based on purchase price and/or domestic manufacturing content requirements. In addition, a winner may fail to qualify for new federal EV incentives based on income limits. In some locations, the purchaser of an electric vehicle is eligible for an incentive from their state, local government or electric utility. Tesla, Inc., maintains its own list of state and local incentives, which may be found here. In some states, Electric Vehicle incentives may include reimbursement for charging infrastructure or non-cash incentives such as access to HOV lanes.
All Other Payouts Disclaimed
All Prize Winners may also be responsible for any and all other expenses related to the Prize, including but not limited to, additional taxes subject to the individual’s particular circumstances, local taxes, title and registration fees, attorney and tax preparation fees, and so on.
(b) the appraised value of the prize;
Grand Prize — The Prize Vehicle Payout to Tesla, Rivian, or other authorized dealer is up to US $112,835. CXC will make state sales tax and registration fee payments up to $7,052 and $300, respectively, a Charging Support payment of $5,000 to the winner, as well as withholding tax payments to the Internal Revenue Service of 33% of the total prize value and to the Commonwealth of Massachusetts Department of Revenue of 5% of the total prize value. The total of these four items is US$176,320. The Alternate All-Cash Prize is US$100,000. No further analysis or appraisal is required.
Second Prize — the Prize Payout to Prize winner is $10,000
Third Prize — the Prize Payout to Prize winner is $5,000
Fourth Prize — the Prize Payout to Prize winner is $3,000
Fifth Prize — the Prize Payout to Prize winner is $2,000
Early Bird Prize — the Prize Payout to Prize winner is $10,000
(c) date or dates when the prize will be available for inspection;
The Grand Prize consists of a payment to Tesla, Inc., Rivian Automotive, Inc., or selected authorized dealer (including state sales tax and registration fee payments), a federal withholding tax payment and a Massachusetts withholding tax payment. The vehicle the Prize Winner might select from Tesla, Rivian, or an authorized dealer may be (a) built to order, (b) inventory, or (c) Tesla or Rivian certified pre-owned. A potential or actual ticket purchaser may inspect all production models Tesla offers by doing any of the following:
- Visit a Tesla showroom during standard business hours. Showrooms may be found at tesla.com.
- Request a test drive from Tesla, Inc. A test drive may be arranged by contacting a showroom or through the tesla.com website.
- Consult the Tesla website, tesla.com. This website contains ample material describing the vehicles, options, accessories, support and prices. Many purchases have been made of Tesla vehicles and accessories without the purchaser even visiting a Tesla showroom.
A potential or actual ticket purchaser may inspect the Rivian R1S or R1T by doing any of the following:
- Visit a Rivian Space during standard business hours. Spaces may be found at rivian.com.
- Request a test drive from Rivian Automotive, Inc. A test drive may be arranged through the rivian.com website.
- Consult the Rivian website, rivian.com. This website contains ample material describing the vehicle, options, accessories, support and prices. Many purchases have been made of Rivian vehicles and accessories without the purchaser even visiting a Rivian showroom.
A potential or actual ticket purchaser may consider and learn about other electric vehicles by visiting manufacturer and dealer websites, and visiting authorized dealers.
(d) if there is a minimum number of tickets to be sold; what the minimum is and the procedure to be employed to secure a refund in the event the minimum is not reached;
The minimum number of tickets to be sold is 1.
Prize availability shall be as follows:
The Grand Prize, as described above and elsewhere, will be available once the minimum number of tickets have been sold.
The Second Prize will become available once 2 tickets have been sold.
The Third Prize will become available once 3 tickets have been sold.
The Fourth Prize will become available once 4 tickets have been sold.
The Fifth Prize will become available once 5 tickets have been sold.
The Early Bird Prize will become available once 1 ticket has been sold.
No refunds are planned due to failure to meet ticket sale minimums, as the minimum number of tickets to be sold is 1. If the entire raffle is canceled, CXC will issue refunds to all ticket holders.
(e) the maximum number of tickets to be sold if any;
The maximum number of tickets that will be sold is 5,000
Odds of winning depend on the number of tickets sold. If the maximum number of tickets are sold the odds of an individual ticket winning one of the 5 Prizes (i.e., the odds of winning a car or cash) will be 999:1. If the maximum number of tickets are sold the odds of an individual ticket winning the Grand Prize will be 4,999:1. Odds of winning the Early Bird Prize will depend on how many tickets are sold by the Early Bird ticket sales deadline of 11:59pm Eastern Time on November 18, 2023.
(f) the fact that the value of the prize will be treated as ordinary income to the winner for federal and state income tax purposes and that the winner may be required to pre-pay a portion of the tax liability prior to receiving the prize;
All of the Prizes in this raffle will be treated as ordinary income for federal and state income tax purposes.
However, in this raffle, the Prize Winners may be required to prepay a portion of the tax liability prior to receiving a regular Prize (as opposed to an Alternate All-Cash Grand Prize). CXC will prepay the federal and Massachusetts withholding tax liability for the Grand Prize to the extent as described above and elsewhere. CXC will not pay any portion of any additional taxes, fees or costs for any Prize beyond what has explicitly been provided elsewhere in the Raffle Rules.
Some Prizes may offer Alternate All-Cash Prizes, as described above and elsewhere. Alternate All-Cash Prizes may be subject to withholding as described above and elsewhere. CXC does not add any tax payments to Alternate All-Cash Prizes.
(g) the fact that the Internal Revenue Service takes the position that no portion of the ticket price will qualify as a charitable contribution for federal income tax purposes;
Sad but true. Even though the Raffle ticket is being sold by Climate XChange Education and Research, Inc., a Massachusetts non-profit that has 501(c)(3) tax-exempt status, the purchase of a raffle ticket is regarded as acquiring a “thing of value.” The Raffle ticket gives the purchaser a chance to win a prize. Therefore, the purchase of a ticket is not a charitable contribution for federal income tax purposes.
(h) the drawing date for the raffle;
The Raffle drawing will be February 29th, 2024. The drawing will be held at One Beacon Street, Fl. 15, Boston, MA 02108.
The Early Bird Prize drawing will be November 20th, 2023. The drawing will be held at One Beacon Street, Fl. 15, Boston, MA 02108.
(i) the estimated percentage of the ticket price which will be used for charitable purposes in the event that only the minimum number of tickets are sold;
The Raffle itself is used as part of CXC’s educational mission. The Raffle raises awareness of (1) Climate Change; (2) Climate XChange’s climate policy efforts in Maryland and in states across the country; and (3) Climate XChange Education and Research, Inc. The Raffle has an additional desirable benefit of raising awareness of Tesla, Rivian, and other zero emission automobiles which demonstrate the practical replacement of traditional internal combustion engine vehicles.
In the event the Raffle sells only the minimum number of tickets (1), 100% of the proceeds will be used to cover Raffle expenses and none will be available to be used for charitable purposes.
In the event the Raffle sells at least (approximately) 1,510 tickets, CXC will have net proceeds greater than the sum of the Raffle’s Expenses plus the Prizes. From that point onwards, CXC’s net proceeds will be used to fund its charitable and educational purposes, which are focused on research, education and advocacy for the enactment of climate policy legislation in Maryland and other states. 100% of the net will go to this purpose.
At 5,000 tickets, CXC will net an estimated 64% of the gross proceeds of the Raffle, all of which will be used to fund CXC’s mission. (Note that by far the largest portion of the Raffle expenses is the Prize Pool.) This percentage is lower than CXC would otherwise prefer, which is the result of (a) implementing an extremely generous set of Prizes and (b) not having a donated vehicle for the Grand Prize. However, CXC views the Raffle as simultaneously providing education about Climate XChange and its climate policy efforts while fundraising. Thus, CXC views most raffle expenditures — such as on advertising — as expenditures that further its educational mission as well as its fundraising.
(j) the exact nature of the charitable purpose for which the proceeds will be used;
Climate XChange Education and Research, Inc. advances state climate policy to achieve a rapid and equitable transition towards a zero-emissions economy. The Raffle’s net proceeds will be used for 501(c)(3)-compliant activities in support of this mission.
(k) any other facts the disclosure of which may have influenced the purchaser or prospective purchaser not to enter into the transaction.
The Raffle has a high proportion of funds spent on the Prizes. We believe the Prizes attract attention to the issue of climate change and to CXC. They are particularly suited in and of themselves to the organization’s mission. Therefore, CXC accepts a lower proportion of net proceeds from the Raffle in return for higher visibility and a set of prizes that befit the ultimate goal of lowering greenhouse gas emissions.
(2) Each ticket must bear a clear and conspicuous warning to the effect that depositing the ticket or any other material in connection with the raffle in the federal mails is a violation of federal law and may lead to criminal penalties.
This is the warning on the the Raffle ticket:
Mailing a raffle ticket is illegal and may result in criminal penalties.