1. General. By participating in the Arizona Diamondbacks Foundation Ultimate Home Opener 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. Net Proceeds. All net proceeds of the Raffle 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.
- Eligibility. The Raffle is open only to all persons who are located in the State of Arizona and eighteen (18) years of age or older at the time of entry ("Eligible Participants"). Employees, partners, officers, and directors, their immediate family members (spouse, parent, child and sibling and their respective spouses, regardless of where they reside), and any person residing in their same households (whether or not related) of the Foundation, AZPB Limited Partnership (dba the "Arizona Diamondbacks"), AZPB REM Limited Partnership, AZPB FM Limited Partnership, Sports & Entertainment Services, LLC, the MLB Entities, and each of their respective parents, affiliated companies, subsidiaries, licensees, distributors, dealers, retailers, printers and advertising and promotion agencies, and any and all other companies associated with the Raffle are not eligible to participate or win the Prize (defined below). 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"), 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.
Due to applicable federal laws, Raffle tickets cannot be distributed through the United States Postal Service. There are no discounted (except as set forth in these Official Rules) or complimentary Raffle tickets. Each entrant must provide his/her name, address, telephone number, and e-mail address at the time of purchase. Entries generated by other automated or mechanical means are void. 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. 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.
- 5 No Maximum Number of Raffle Tickets. There is no limit to the number of Raffle tickets that will be sold. There is no limit to the number of Raffle tickets an individual may purchase.
- Prize. One (1) prize will be awarded to the Winner (defined below) as follows: (i) four (4) Dugout Box tickets for the Winner and three (3) guests for the Arizona Diamondbacks home game played on April 5, 2019; (ii) one (1) photograph of Winner and his/her three (3) guests in the Arizona Diamondbacks' dugout prior to the game; (iii) the opportunity for Winner and his/her three (3) guests to be on the field level and watch the Arizona Diamondbacks take batting practice before the game; (iv) the opportunity for Winner or one (1) of his/her guests designated by Winner to take his/her place to announce the opening of Chase Field's gates over the ballpark's public address system before the game; (v) the opportunity for Winner and his/her three (3) guests to hold the American flag during the National Anthem ceremony before the game; (vi) dinner for Winner and his/her three (3) guests during the game (via $200.00 in D-bucks); and (vii) one (1) baseball autographed by the entire then-current 2019 Arizona Diamondbacks team (collectively, the "Prize"). Estimated retail value of the Prize: $2,000.00. No cash substitute for the Prize (or any portion thereof) is permitted. The exact nature and duration of each experience/opportunity awarded shall be determined by Arizona Diamondbacks at its sole discretion and subject to availability and Arizona Diamondbacks' rules and regulations. The 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 the Prize. SPECIAL NOTE: At the time of this printing, federal law requires that corresponding tax withholding on prize values of $5,000.00 or greater 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 a prize is claimed will be followed. The Winner's guests must be of legal age of majority in their jurisdictions of residence (and at least eighteen (18) years of age), unless accompanied by a parent or legal guardian. Major League Baseball game, event and exhibition dates and times are determined in the sole discretion of the BOC and/or the Arizona Diamondbacks, as applicable, and may be subject to change. The terms and conditions of the tickets awarded as part of the Prize may govern in the event a legal game, event or exhibition, as defined by Major League Baseball, is not played due to weather conditions, an act of God, an act of terrorism, civil disturbance or any other reason. The Winner (or Winner's designated representative) and his/her guest(s) agree to comply with all applicable ballpark regulations in connection with the Prize. The Arizona Diamondbacks and the applicable MLB Entities reserve the right to remove or to deny entry to the Winner (or Winner's designated representative) and/or his/her guest(s) who engage(s) in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person at the game, event or exhibition. Released Parties (defined below) will not be responsible for weather conditions, Acts of God, acts of terrorism, civil disturbances, work stoppage or any other natural disaster outside their control that may cause the cancellation or postponement of any Major League Baseball game, event or exhibition. Major League Baseball game, event and exhibition tickets awarded as part of the Prize may not be resold or offered for resale. Any such resale may result in disqualification and Prize forfeiture, and may invalidate the license granted by the game ticket(s).
- Selection of Winner. On April 3, 2019, one (1) Raffle ticket will be randomly drawn by the Foundation to determine a winner of the Prize ("Winner"). On April 3, 2019, the Foundation will notify the potential Winner by e-mail using the information provided by the Winner and deliver an Affidavit, Prize Claim, and Release ("Release") which must be executed and returned to the Foundation no later than one (1) day after his/her receipt of the Release. The potential Winner may be required to submit his/her valid social security number and/or other forms of identification to the Foundation. In the event the Winner: (a) does not respond within one (1) day of the date of the notification; (b) is ruled ineligible for any reason; (c) refuses the Prize; (d) does not return the executed Release within the specified time period; (e) cannot provide the winning Raffle ticket, a receipt, or other proof of purchase of a Raffle ticket sufficient for the Foundation to verify the authenticity of the winning Raffle ticket; or (f) cannot attend the Arizona Diamondbacks game on April 5, 2019, the Prize will be forfeited and an alternate Winner will be randomly selected from among all remaining eligible entries. In addition, failure to submit any identification required by the Foundation, noncompliance with these Official Rules, or the return of any portion of the Prize or Prize notification as undeliverable may result in disqualification and Prize forfeiture and an alternate potential Winner will be randomly selected from among all remaining eligible entries. In such circumstance, the Foundation reserves the right to modify the notification and Winner response periods.
- Odds. The odds of winning the Prize depend on the number of Raffle tickets purchased by Eligible Participants.
- No Transfer of Raffle Tickets or Prize. Purchasers of Raffle tickets may not re-sell or transfer their Raffle tickets to other parties, and may not knowingly give such 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 or transferred 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 the Prize.
- 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 and substitute the Prize (or any portion thereof) with a prize of equal or greater value. The Foundation and MLBAM reserve the right, in their sole discretion, to cancel or suspend the Raffle for any reason, including in the event unauthorized human intervention or other causes corrupt the administration, security, fairness, integrity or proper operation of the Raffle. In the event of a cancellation, the Foundation may elect to select the Winner and award the Prize by random drawing from amongst all non-suspect eligible entries received up to the time of such cancellation.
- Release of Liability. By entering into the Raffle, each entrant agrees to (a) be bound by these Official Rules; and (b) release the Foundation, Arizona Diamondbacks, AZPB REM Limited Partnership, AZPB FM Limited Partnership, Maricopa County Stadium District, the MLB Entities, and each of 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 any and all liability with respect to any injury, damage or loss that may occur, directly or indirectly, in whole or in part, from preparation for, or the participation in, the Raffle, or from the receipt or use of any Prize (or any portion thereof) or from any travel or activity related to the receipt or use of the Prize (or any portion thereof).
- *_Publicity Release. *_The Winner, by accepting the Prize, grants the Foundation and its designees and affiliates, including the Arizona Diamondbacks and the other MLB Entities, 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. The Winner shall execute all documents that the Foundation may require to be signed in connection with this release.
- Winner List. The Winner List is available by sending a self-addressed stamped envelope, postmarked by June 1, 2019, to the Arizona Diamondbacks Foundation, c/o Ultimate Opening Day Raffle, 401 East Jefferson, Phoenix, AZ 85004.
- 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.
- 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, or other connections including those through and/or by any website, 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 participants' 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. Persons who tamper with or abuse any aspect of the Raffle or Website 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, 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 the 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 TO DELIBERATELY DAMAGE ANY WEBSITE 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, MLBAM AND 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.
As a condition of entering this Raffle, each entrant agrees that (i) any and all disputes, claims, controversies or causes of action arising out of or relating to this Raffle, or any prizes awarded (each, a "Claim"), shall not be consolidated or joined with or in any other proceeding involving a Claim of any other party; and (ii) under no circumstance will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, consequential or any other damages, other than for actual out-of-pocket expenses.