FIESTA EVENTS, INC. AZSPORTSTOGETHER™ OFFICIAL RULES
IN SUPPORT OF THE ARIZONA TOGETHER AZ CORONAVIRUS RELIEF FUND
1. General. By participating in Fiesta Events, Inc.’s AZSportsTogether™ raffle (the "Raffle"), entrants agree to be bound by these Official Rules and by the decisions of Fiesta Events, Inc. (the "Foundation"), which shall be binding and final as to all matters related to the Raffle. The Raffle is also subject to any and all applicable federal, state, and local laws, rules, regulations and/or applicable governmental and regulatory directives and is void where prohibited.
2. Experiences. At least fifteen (15) VIP Experiences (each, an “Experience” and collectively, the “Experiences”) will be awarded (details on the Experiences can be found on azsportstogether.com). If, beyond the control of Foundation and the organizations providing an Experience, an Experience is not available (please see Section 13 below), the Foundation, will work in good faith to grant a similar Experience or the same Experience at a future date, provided, however, if the Experience becomes unable to be granted, entrant agrees and understands that the purchase price of a raffle ticket (“Raffle Ticket”) becomes a charitable donation in support of Governor Ducey’s Arizona Together AZ Coronavirus Relief Fund. No refunds will be given and Foundation and the organizations providing an Experience shall be released from any and all obligations under this Raffle.
3. Use of Sale Proceeds. All of the net sales proceeds from the sale of Raffle Tickets will be donated to benefit Governor Ducey’s Arizona Together AZ Coronavirus Relief Fund. Net sales proceeds shall be defined as the gross proceeds from the sale of Raffle Tickets, minus any and all fees incurred by the Foundation to administer the Raffle.
4. Eligibility. The Raffle is open only to all persons eighteen (18) years of age or older who are located in the State of Arizona at the time of the purchase of a Raffle Ticket, and otherwise 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. Raffle Tickets may be purchased at the price (the “Purchase Price”) of $20 for one(1) Raffle Ticket, $50 for ten (10) Raffle Tickets, or $100 for twenty-five (25) Raffle Tickets. Raffle Tickets will be available for purchase between May 4, 2020 at 09:00 a.m., Arizona time, through May 22, 2020 at 05:00 p.m., Arizona time ("Purchase Period") as follows:
Online. Visit azsportstogether.com (the "Website") and follow the directions to purchase a Raffle Ticket. Eligible entrants purchasing Raffle Tickets must fully complete their purchase using the procedures specified on the Website.
There is no limit to the number of Raffle Tickets an individual may purchase. Each eligible entrant will receive a receipt corresponding to his/her purchased Raffle Ticket(s). Entries/Raffle Tickets which are or appear to be tampered with are void. The validity and eligibility of all entries/Raffle Tickets shall be determined by the Foundation, in its sole and absolute discretion. All Raffle Ticket purchases shall be final, and no refunds or replacements will be issued by the Foundation. Raffle Tickets are only valid for this specific Raffle.
6. Selection of Winner. On May 26, 2020, before 05:00 p.m., Arizona time, one (1) Raffle Ticket for each Experience will be drawn (each, a “Drawing” and collectively, the “Drawings”) by the Foundation to determine the winners (each, a “Winner” and collectively, the “Winners”) of the Experiences. Winners will be notified via email and/or phone. The numbers of the winning Raffle Tickets will also be listed on azsportstogether.com.
7. 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.
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 an Experience. At the time of this printing, federal law requires that a tax withholding on certain Experience 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 Experience is claimed will be followed. A shared Experience claimed by multiple persons shall not reduce any applicable withholding on the total amount awarded and the Foundation will not be responsible for allocating any applicable withholding, tax, fee, assessment and the like among and between the multiple claimants of a shared Experience.
9. Experience Claim. Within ten (10) business days of the Drawings, the Foundation will contact Winners. A Raffle Ticket may be shared by multiple Experience 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 Experience claimant must provide Foundation with all information required to claim an Experience (including tax identification information). The Experience claimant will receive an Affidavit of Eligibility & Liability/Public Release ("Release") which must be executed and returned to Foundation no later than five (5) business days after his/her receipt of the Release. In the event a claimant: (a) does not present a winning Raffle Ticket to the Foundation within thirty (30) days of the Drawing; (b) is ruled ineligible for any reason; (c) refuses the Experience or (d) does not timely return an executed Release, the Experience will be forfeited and will be retained by the Foundation for charitable use. The Foundation has no obligation to contact potential winners. Upon Winner(s) presenting the Foundation with proof of purchase of the valid Raffle Ticket and valid identification, the Foundation will give Winner(s) directions on how to claim the Experience. Certificates for Experiences will be sent to the Winners within thirty (30) days of a Winner providing proof of the winning Raffle Ticket, valid identification, executed Release, and all other required documents to the Foundation. For security and safety reasons, no cash payments will be made to Winners.
10. Odds. The odds of winning an Experience depends on the number of Raffle Tickets purchased for each Experience during the Purchase Period.
11. Transfer of Raffle Tickets or Experience. 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 Experience. 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 an Experience. A Winner may transfer his/her Raffle Ticket 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 and located in the State of Arizona); (b) the transferor shall be responsible for all taxes and costs described in these Official Rules; and (c) the transferor and transferee shall be bound by all terms and conditions of these Official Rules that are applicable to the Winner.
12. Judges and Cancellation. 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 without notice. The Foundation reserves the right, in its sole and absolute 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.
13. No Refunds/Force Majeure/Impracticability/Frustration of Purpose. Under no circumstances will the Purchase Price of the Raffle Tickets be subject to a refund. The Foundation and organizations providing an Experience shall not be liable or responsible to any other party, including the Winners, nor be deemed to have defaulted under or breached the terms of these Official Rules and/or the Raffle, for any failure or delay in fulfilling or performing any term of these Official Rules and/or the Raffle, including without limitation delaying or failing to provide the Experiences, when and to the extent such failure or delay is caused by or results from acts beyond the Foundation’s and organizations providing an Experience control, including, but not limited by enumeration to, the following force majeure events, or other events that make providing the Experiences impossible or impracticable (“ Events”): (a) acts of God; (b) a natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, explosions, infestations), epidemic, or pandemic, including COVID-19 or any such similar virus, infection, bacterial or biological event; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) federal, state, or local governmental laws, orders, regulations, rules, and/or directives, including requirements to quarantine, shut-down or otherwise limit access and/or availability; (e) actions, embargoes or blockades in effect on or after the date of the Drawing; (f) action by any governmental authority, including declaration of a state of emergency; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; (i) shortage of adequate power or transportation facilities; (j) any event or circumstance that results in the Experiences not being available from the providers of same; and (k) any other event or circumstance not under the reasonable control of the Foundation and organizations providing an Experience. The Foundation shall use diligent and reasonable efforts to provide the Experience and ensure the effects of such Events are minimized.
14. Release of Liability. By entering into the Raffle, all entrants agree to: (a) be bound by these Official Rules; and (b) release Arizona Sports Foundation, Valley of the Sun Bowl Foundation, Fiesta Events, Inc., Arizona College Football Championship Foundation, any and all organizations providing an Experience, and their respective parent corporations, subsidiaries and affiliates, together with their owners, partners, directors, officers, employees, volunteers, sponsors, and agents, including advertising and promotion agencies (collectively, "Released Parties") from and against any and all claims, demands, debts, actions, causes of action, suits, obligations, injuries, losses, liabilities of any kind or character whatsoever, known or unknown, in contract, or in tort, at law or in equity arising out of or in any way related to the Raffle, directly or indirectly, including without limitation any and all liability (including negligence) for property damages or personal injuries (including all consequences of such injuries, such as death) with respect to acceptance, possession, or use of the Experience.
15. Publicity Release. Each Winner, by accepting an Experience, grants the Foundation and organizations providing an Experience and its designees and affiliates (to be determined in Foundation’s sole and absolute discretion), full permission, except where legally prohibited, to use such Winner's name, address (city and state only), photograph, voice and/or other likeness, and Experience 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-mails; 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 or nature whether human, mechanical, electronic, network, computer, telephone, mail, typographical, printing or otherwise relating to, arising out of, 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 Experience or in any Raffle-related materials, or the cancellation or postponement of the an Experience or its related events. 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 or who are in violation of these Official Rules, as determined by the Foundation in its sole and absolute discretion, will be disqualified from participating in the Raffle 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 or its 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 and absolute discretion. Released Parties (i) make no warranty, guaranty or representation of any kind concerning any Experience (or any portion thereof); and (ii) disclaims any representations, express or implied, of any type, kind, character or nation, including without limitation merchantability or fitness for a particular purpose. The Foundation's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
The Foundation reserves the right, in its sole and absolute 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 that do or could 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 Experience 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 AND ITS 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 determined by the Authorized Account Holder (defined below) of the e-mail address submitted at the time of entry, provided he/she is otherwise 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 will be available by sending a SASE, postmarked between May 25, 2020 and June 24, 2020 to: Fiesta Bowl Charities, c/o AZSportsTogether™, 7135 East Camelback Road, Suite 190, Scottsdale, Arizona 85251. The Winners list will also be available on azsportstogether.com.
18. Governing Law, Severability, and Exclusive Venue. The Raffle and these Official Rules shall be subject to and governed and construed in accordance with the laws of the State of Arizona without regard to any otherwise applicable principles of conflicts of laws. 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. All entrants agree and hereby submit to exclusive jurisdiction and venue of the courts in Maricopa County, Arizona for any cause of action, lawsuit, arbitration, and/or other proceeding arising out of the Raffle or these Official Rules.