1. General. By participating in the Arizona Diamondbacks Foundation 50/50 Raffle ("Raffle"), entrants agree to be bound by these Official Rules and by the decisions of Arizona Diamondbacks Foundation, Inc. ("Foundation"), which shall be binding and final as to all matters related to the Raffle. The Raffle is subject to all applicable federal, state, and local laws and is void where prohibited.
2. Jackpot. The "Jackpot" shall be the total proceeds from raffle tickets sold for that drawing ("Raffle Tickets"), less reasonable expenses incurred by the Foundation for the operation of the Raffle. The Jackpot will be publicly posted during the Raffle. In the event there is a surplus of expenses deducted, such proceeds shall be retained by the Foundation and donated to charity. In the event an insufficient amount is deducted to cover the Foundation's expenses, the Foundation shall absorb such expenses.
3. Foundation Proceeds. Fifty percent (50%) of the Jackpot will benefit the Foundation, a 501(c)3 public charity, and the programs that the Foundation supports. These programs aim to improve recreational, educational, health, and social services for children and families in need, with a primary focus on programs in Arizona.
4. Eligibility. The Raffle is open only to all persons who are located in the State of Arizona at the time of entry and eighteen (18) years of age or older and subject to these Official Rules.
5. Purchasing Raffle Tickets. ALL PURCHASES MUST BE MADE BY ELIGIBLE ENTRANTS WHO ARE LOCATED WITHIN THE STATE OF ARIZONA AT THE TIME OF PURCHASE. All Raffle Tickets may be purchased as follows: three (3) Raffle Tickets for $5.00; ten (10) Raffle Tickets for $10.00; or forty (40) Raffle Tickets for $20.00. From time to time, the Foundation may elect to offer promotions where a larger quantity of Raffle Tickets will be made available as part of a purchase (e.g., eighty (80) Raffle Tickets for $20.00). Raffle Tickets may be available for purchase from the opening of the Ballpark's gates through the Foundation's designated time or inning ("Purchase Period") as follows:
(A) In-Person. In-person at Chase Field ("Ballpark") behind Section 134, designated kiosks in the Ballpark, and from Foundation staff during all Arizona Diamondbacks home games from March 26, 2018 through September 26, 2018.
ALL METHODS OF PURCHASE MAY NOT BE AVAILABLE AT ALL TIMES. There is no limit to the number of Raffle Tickets an individual may purchase. Each entrant will receive a receipt corresponding to his/her purchased Raffle Ticket(s). Entries which are or appear to be tampered with are void. The Foundation shall be the sole judge of the validity and eligibility of all entries. All Raffle Ticket purchases shall be final, and no refunds or replacements will be issued by the Foundation. Raffle Tickets are only valid for the drawing held on the date of purchase.
6. Raffle Tickets are Not Tax Deductible. The IRS has taken the position that amounts paid for chances to participate in raffles, lotteries, or similar programs are not gifts and, therefore, the price of the entry does not qualify as a deductible charitable contribution.
7. Prize. Each winner will receive a prize equal to fifty percent (50%) of the Jackpot.
8. Taxes. Each winner shall be responsible for any and all travel, costs, federal, state and local income or excise taxes, fees, assessments and like charges associated with a prize. At the time of this printing, federal law requires that a tax withholding on certain prize values must be collected from winners upon award and distribution. Federal and state withholding laws are subject to change without notice. The withholding laws in effect at the time each prize is claimed will be followed. A shared prize claim by multiple persons shall not reduce any applicable withholding on the total amount awarded.
9. Selection of Winner. Upon the conclusion of the Purchase Period, one (1) Raffle Ticket will be drawn by the Foundation to determine the winner of the prize. The number of the winning Raffle Ticket will be announced in the Ballpark and listed on www.dbacks.com/5050raffle.
10. Prize Claim. Within thirty (30) days of the applicable drawing, the prize claimant must notify the Foundation and present the winning Raffle Ticket in-person at the Ballpark during normal business hours to claim a prize. A Raffle Ticket may be shared by multiple prize claimants; provided, however, that in the event of a dispute, the direct purchaser of the Raffle Ticket will be presumed to be the sole winner. Each prize claimant must provide the Foundation with all information required to claim a prize (including tax identification information). The prize claimant will receive an Affidavit, Prize Claim, and Release ("Release") which must be executed and returned to the Foundation no later than five (5) business days after his/her receipt of the Release. In the event a claimant: (a) does not notify the Foundation within thirty (30) days of the drawing; (b) is ruled ineligible for any reason; (c) refuses the prize; or (d) does not return an executed Release, the prize will be forfeited and will be retained by the Foundation for charitable use. The Foundation has no obligation to contact potential winners. All prizes will be sent to the winners via check within thirty (30) days of the winner delivering the winning Raffle Ticket, executed Release, and all other required documents to the Foundation. For security and safety reasons, no cash payments will be made to the winners.
11. Odds. The odds of winning the Raffle depend on the number of Raffle Tickets purchased for the drawing.
12. Transfer of Raffle Tickets or Prize. Persons who purchase Raffle Tickets may opt to give away their Raffle Tickets to other eligible persons, but in doing so the purchaser waives any claim he/she might otherwise have to the prize. Purchasers of Raffle Tickets may not re-sell their Raffle Tickets to other parties, and may not knowingly give Raffle Tickets away to others for the purpose of allowing those other parties to re-sell such Raffle Tickets. All Raffle Tickets which have been resold in violation of these Official Rules shall be void. All individuals who re-sell, purchase, or receive Raffle Tickets in violation of these Official Rules shall be ineligible to participate in the Raffle or to win a prize. A winner may transfer his/her prize to a third party provided that the following conditions are met: (a) the transferee would have otherwise been eligible to enter the Raffle (age eighteen (18) or older); (b) the transferee shall be responsible for all taxes and costs described in these Official Rules; and (c) the transferee shall be bound by all terms and conditions of these Official Rules that are applicable to the winner.
13. Judges. The Raffle will be conducted and supervised by the Foundation, whose decisions are final. The Foundation reserves the right to modify these Official Rules at any time. The Foundation reserves the right, in its sole discretion, to cancel or suspend the Raffle should unauthorized human intervention or other causes corrupt the administration, security, fairness, integrity or proper operation of the Raffle.
14. Release of Liability. By entering into the Raffle, all entrants agree to: (a) be bound by these Official Rules; and (b) release the Foundation, AZPB Limited Partnership, dba the "Arizona Diamondbacks", AZPB REM Limited Partnership, AZPB FM Limited Partnership, Maricopa County Stadium District, the MLB Entities, Fox Sports Net Arizona, LLC, and their respective parent corporations, subsidiaries and affiliates, together with their owners, partners, employees, officers, directors, sponsors, and agents, including advertising and promotion agencies (collectively, "Released Parties") from and against any and all claims, demands, injuries, losses and liabilities arising out of the Raffle, including any and all liability (including negligence) for property damages or personal injuries (including the consequences of such injuries, such as death) with respect to acceptance, possession, or use of the prize. The "MLB Entities" shall mean the Office of the Commissioner of Baseball ("BOC"), its Bureaus, Committees, Subcommittees and Councils, MLB Advanced Media, L.P. ("MLBAM" or "MLB.com"), Major League Baseball Properties, Inc., The MLB Network, LLC, the Major League Baseball Clubs ("Clubs"), each of their parent, subsidiary, affiliated and related entities, any entity which, now or in the future, controls, is controlled by, or is under common control with the Clubs or the BOC and the owners, general and limited partners, shareholders, directors, officers, employees and agents of the foregoing entities.
15. Publicity Release. Each winner, by accepting a prize, grants the Foundation and its designees and affiliates, including the Arizona Diamondbacks, full permission, except where legally prohibited, to use such winner's name, address (city and state only), photograph, voice and/or other likeness, and prize information for advertising, trade and promotional purposes without further compensation and without notice, review or approval, in all media now known or hereafter discovered, worldwide and in perpetuity. Each winner shall execute all documents that the Foundation may require to be signed in connection with this release.
16. General Conditions. Released Parties are not responsible for stolen, late, incomplete, illegible, inaccurate, misdirected, lost, misrouted, scrambled, damaged, delayed, undelivered, mutilated, postage-due or garbled entries, transmissions or e-mail; or for lost, interrupted or unavailable network, cable, satellite, server, Internet Service Provider (ISP), wireless network, website, app, or other connections including those through and/or by any website or app, availability or accessibility or miscommunications or failed computer, satellite, telephone, cable or wireless transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; any error, omission, interruption, defect or delay in transmission, processing, or communication; non-delivery; misdirected, blocked, or delayed e-mail notifications; printing, typographical or other errors appearing within these Official Rules, in any Raffle-related advertisements or other materials; or any other errors, problems or difficulties of any kind whether human, mechanical, electronic, network, computer, telephone, mail, typographical, printing or otherwise relating to or in connection with the Raffle, including, without limitation, errors or difficulties which may occur in connection with the administration of the Raffle, the processing of entries, the announcement of the prize or in any Raffle-related materials, or the cancellation or postponement of any Major League Baseball game, event or exhibition. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Raffle. Released Parties are not responsible for injury or damage to entrants' or to any other person's computer related to or resulting from participating in the Raffle or downloading materials from or use of the Website or App. Persons who tamper with or abuse any aspect of the Raffle, Website, or App, or attempt to undermine the legitimate operation of the Raffle by cheating, deception or other unfair playing practices, or intend to annoy, abuse, threaten or harass any other entrant or any representative of the Foundation and/or MLBAM or who are in violation of these Official Rules, as solely determined by the Foundation, will be disqualified and all associated entries will be void. Any attempt to deliberately damage the content or operation of the Raffle is unlawful and subject to legal action by the Foundation, Chase, MLBAM or their respective agents. The Foundation shall have the sole right to disqualify any entrant for violation of these Official Rules or any applicable laws relating to the Raffle, and to resolve all disputes in its sole discretion. Released Parties (i) make no warranty, guaranty or representation of any kind concerning any prize (or any portion thereof); and (ii) disclaim any implied warranty. The Foundation's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
The Foundation and MLBAM reserve the right, in their sole discretion, to cancel or suspend the Raffle (or any portion thereof) for any reason including in the event virus, bugs, unauthorized human intervention, or other causes corrupt administration, security, fairness, integrity or proper operation of the Raffle (or any portion thereof). In the event of cancellation, the Foundation reserves the right, in its sole and absolute discretion, to elect to identify a Winner and award the prize by way of random drawing from among all non-suspect, eligible entries received up to the time of such cancellation.
CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE ANY WEBSITE OR APP ASSOCIATED WITH THE RAFFLE OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THE RAFFLE MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE FOUNDATION WILL DISQUALIFY ANY SUCH ENTRANT, AND THE FOUNDATION, CHASE, MLBAM AND/OR THEIR RESPECTIVE AGENTS RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS' FEES) AND OTHER REMEDIES FROM ANY PERSON OR PERSONS RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
Entries generated by a script, macro or other mechanical or automated means will be disqualified. In the event of dispute as to the identity or eligibility of any potential Winner based on an e-mail address, the winning entry will be declared made by the Authorized Account Holder (defined below) of the e-mail address submitted at the time of entry provided he/she is eligible according to these Official Rules. The "Authorized Account Holder" is defined as the natural person to whom the applicable Internet service provider or other organization (such as a business or educational institution) has assigned the e-mail address for the domain associated with the submitted e-mail address.
17. Winners List. A Winners List is available by sending a SASE, postmarked between November 1, 2018 and November 30, 2018, to: Arizona Diamondbacks Foundation, c/o 50/50 Raffle, 401 East Jefferson, Phoenix, AZ 85004.
18. Governing Law. The Raffle and these Official Rules shall be subject to and governed by the laws of the State of Arizona. If a court of competent jurisdiction finds that any provision of these Official Rules, or their application to a particular persons or circumstances, is invalid or unenforceable to any extent, then the remainder of these Official Rules shall remain enforceable to the fullest extent permitted by law. The venue for any cause of action arising out of the Raffle or these Official Rules shall be located in Maricopa County, Arizona.