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Can you raffle something that you do not 'own'
Submitted by kathryndean on 13 April, 2007 - 11:53.
I have just joined a voluntary group that helps raise money for a Charitable Trust and have become a member of the Committee. A Trust Member has suggested raffling a motorbike which a garage has offered to sell for £700. Because the garage owner is a friend of the 'trustee member' it has been decided to raffle the prize first and then with some of the lottery money pay the garage its £700. In effect ownership is still with the garage and not the Charitable Trust until after the event and when the prize has been given out to a member of the public. All based on good faith of the garage owner. The raffle tickets will be registered with the Trust and named accordingly not the garage and in the process of being printed.
Is this not illegal? Does the Trust need to purchase the bike first, then sell the raffle tickets etc. Surely you can't raffle something if you don't own it!
Ive checked the fundraising.org.uk website and cannot find anything in writing other than references to gifts or donations. I am quite concerned about this and have ask for legalaties to be checked by the Trust but to no avail. Could anyone please clarify this for me as I am seriously thinking of resigning from the Committee.
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RE: Can you raffle something that you do not 'own'
Thanks go to those of you that replied - your comments were most welcome. Just to let you know that the Charity finally bought the motorbike from the garage and are now raffling it off as their own. It took a few arguments but we got there in the end. Better safe than sorry!
RE: Can you raffle something that you do not 'own'
I had a look at this a few days ago, and couldn't make my mind up about it. Having mulled it over, I think my only real question is whether you have the agreement in writing - even if it's ust a brief letter, or even an e-mail, outlining the terms of the offer.
I would want to know what happens if the raffle doesn't make its target - does the garage owner ust put it back in his shop?
As long as the agrrement is firm - that's to say that the charity has agreed to buy the bike, and the garage owner has agreed to sell it to them - I don't think the actual ownership of the prize is an issue.
However, even best friends sometimes fall out, and I would want at least a memorandum of understanding here.
As ever, I'm not a lawyer - this is ust my understanding of the law.
Cheers
Gerry
RE: Can you raffle something that you do not 'own'
I agree that it sound odd to say the least - what if the garage sell the bike in between selling tickets and making the draw? If your charity were to spend £700 on a lottery prize, would it be this prize?
Not being a legally qualified person I'm not going to give specific advise, but I would recommend you check out the following:
1. Institute of Fundraising Codes of Conduct
[url]http://www.institute-of-fundraising.org.uk/[/url]
2. Gambling Commission - the statutory regulator of lotteries & raffles (they are very helpful over the phone).
[url]http://www.gamblingcommission.gov.uk/[/url]
3. A lawyer - do you know anybody that could offer pro-bono advice?