CHARGE COMMUNITY FOUNDATION 50/50 RAFFLE
OFFICIAL RAFFLE RULES – CLEVELAND CHARGE
1. Description: The Charge Community Foundation Online 50/50 Raffle (the “Raffle”) is an online fundraiser conducted by the Cavaliers Youth Foundation d/b/a Charge Community Foundation, an Ohio non-profit organization (“CCF”). By purchasing a ticket for the Raffle (each, a “Raffle Ticket”) in accordance with these Official Raffle Rules, each eligible entrant (each, an “Entrant”) represents that they meet all of the below-stated eligibility requirements and agrees to be bound by these Official Raffle Rules, by all applicable laws, ordinances, and regulations, and by the decisions of CCF or its authorized representative.
2. Raffle Period: Raffle Tickets are sold during the period commencing before the beginning of each Game at such time that is communicated by CCF through the end of halftime of the Game (each, a “Raffle Period”).
3. To Enter: Entrants may enter the Raffle by purchasing Raffle Tickets (a) from uniformed Raffle Ticket sales representatives roaming in and around the Venue, (c) within the Territory (as defined below) via the Cleveland Charge mobile application (the “Charge Mobile App”), and (d) within the Territory online at www.charge5050.com, in one of the following amounts (amounts are subject to change prior to any Game in CCF’s sole discretion):
five (5) Raffle Tickets for $10;
fifty (50) Raffle Tickets for $20; and
one hundred twenty-five (125) Raffle Tickets for $40.
“Territory” means the State of Ohio, excluding the Excluded Territories (as defined in Section 17 below).
All Raffle Ticket purchases must be made during the Raffle Period. Raffle Tickets are not eligible to be entered into any past or future Raffle drawing. CCF, its representative(s) and/or any related entities are not liable for any lost, late, misdirected, incomplete, illegible, undelivered, or destroyed Raffle Tickets regardless of cause or the person responsible, including, but not limited to, any problem or technical malfunction of any computer, online system, or server or technical problem. No refunds are made, except as otherwise determined by CCF in its sole discretion.
4. Eligibility: The Raffle is open to all ticket holders who are eighteen (18) years of age or older as of the date of Raffle Ticket purchase and (a) present for the applicable Game, or (b) who are within the Territory and enter via the Charge Mobile App or online at www.charge5050.com. Owners, directors, officers, and employees (and their parents, siblings, spouses, and children) of CCF, its parents, affiliates, and subsidiaries, its advertising and promotional agencies, any participating charitable organization for a particular Game (each, a “Participating Charitable Organization”), are not eligible to enter the Raffle.
5. Random Drawing: Every transaction is electronically tallied. All qualifying (i.e., in accordance with Section 4 above) Raffle Ticket purchases made within the Raffle Period are printed out and placed into a drum. The winning Raffle Ticket is manually drawn from the drum at random from among all such qualifying Raffle Tickets. The drawing is conducted on or about the day after each Raffle Period. All drawings are conducted by CCF whose decision is final and binding.
6. Prize: Prior to the conclusion of each Game (on or about the beginning of the fourth (4th) quarter), the selected Raffle Ticket number is announced over the public address announcer at the Venue. The selected Raffle Ticket number is also posted on the Raffle Web site located at www.clevelandcharge.com. In the event the announcement and/or Web site is inoperable, the selected Raffle Ticket number can be found at the Guest Services area of the Venue. The Entrant that purchased the Raffle Ticket with the corresponding winning Raffle Ticket number (the “Winner”) receives Fifty Percent (50%) of the net proceeds (total collected by CCF minus any related expenses from the Raffle Ticket sales) for the applicable Raffle Period (the “Prize”). All remaining proceeds from the Raffle are retained by CCF and/or participating charitable organization for the applicable Game.
7. Claiming the Prize: To claim the Prize, the Winner must contact Joanna Radov at jradov@clevelandcharge.com or (216) 403-8318. The winning Raffle Ticket is the only valid receipt for claiming the Prize. Each Winner must provide CCF with all information required to claim the Prize (including tax identification information). Upon the request of CCF, the Winner must sign and return to CCF a liability/publicity release and/or affidavit of eligibility (the “Required Documentation”) by a date determined by CCF in in form and substance satisfactory to CCF to be eligible to receive the Prize. If (a) any of the Required Documentation is not completed, signed, and/or returned within the stated time, (b) the Winner is deemed by CCF to be ineligible or not to have complied with these Official Raffle Rules, or (c) the Winner refuses to accept or fails to claim the Prize, then the Prize will be forfeited by the Winner and retained by CCF. The Prize will be delivered via check within thirty (30) days of the Winner delivering the winning Raffle Ticket and executed Required Documentation to CCF. For security and safety reasons, no cash payments will be made to the Winner.
8. Odds of Winning: Odds of winning are based on the total number of qualifying Raffle Tickets purchased in each Raffle Period.
9. Taxes: Each Entrant acknowledges that they have been informed that 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 a Raffle Ticket does not qualify as a deductible charitable contribution. The Winner is responsible for all federal, state and local taxes, fees and other government assessments on the awarded Prize. Furthermore, the Winner acknowledges that federal law requires that a tax withholding on certain prize values must be collected from them upon award or distribution. Federal and state withholding laws are subject to change without notice. The withholding laws in effect at the time the Prize is claimed will be followed. Winners of prizes over Six Hundred Dollars ($600) will receive a W-2G form from CCF. Taxes will be withheld in accordance with IRS and State of Ohio guidelines.
10. Transfer of Raffle Ticket: Raffle Tickets may not be resold to any other party. Any Raffle Ticket which has been resold is void. All individuals who re-sell, purchase, or receive a Raffle Ticket in violation of these Official Raffle Rules are ineligible to enter the Raffle or to win the Prize.
11. Entrant Grant of Rights: Raffle entrance and/or Prize acceptance constitutes a release granting CCF the right to use each Entrant’s name, likeness, statements (if true), biographical information, voice, and cities and states of residence for advertising, marketing, and publicity purposes on a worldwide basis (without review by the applicable Entrant) and in all forms of media, without compensation, remuneration, or other authorization. CCF expressly disclaims any responsibility or liability in connection with injury or loss to any person or property relating to redemption of the Prize. CCF makes no representations or warranties in connection with the Prize. Restrictions, conditions and limitations apply. Each Entrant hereby releases and waives any claims (actual or alleged), demands, damages, losses, liabilities and causes of action arising from (in whole or in part) or in connection with CCF’s use (or its designee’s use) of such Entrant’s name, likeness, statements (if true), biographical information, voice, and cities and states of residence, including, without limitation, any claims for defamation, libel, invasion of privacy, publicity, personality, or exploitation of such Entrant’s name or likeness.
12. Raffle Conditions: The Raffle is governed by and subject to all applicable federal, state, and local laws. By entering the Raffle, Entrants waive any right to claim ambiguity in the Raffle or in these Official Raffle Rules. Any violation of these Official Raffle Rules may result in disqualification and any violation of these Official Raffle Rules by the Winner shall disqualify the Winner from the Raffle and all privileges as the Winner of the Raffle shall be immediately terminated. ENTRANTS RELEASE, DISCHARGE, AND AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS CAVALIERS YOUTH FOUNDATION, CAVALIERS HOLDINGS, LLC, CAVALIERS OPERATING COMPANY, LLC, CAVALIERS D-LEAGUE, LLC, THE AMERICAN HOCKEY LEAGUE AND ITS MEMBER TEAMS, AND EACH OF THEIR RESPECTIVE OWNERS, MEMBERS, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND REPRESENTATIVES (COLLECTIVELY, THE “RELEASED PARTIES”) FROM AND AGAINST ANY LIABILITY FOR ANY DAMAGES, INJURY, OR LOSSES, TO ANY PERSON (INCLUDING DEATH), OR PROPERTY, OF ANY KIND RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY FROM ACCEPTANCE, POSSESSION, MISUSE OR USE OF THE PRIZE OR PARTICIPATION IN ANY RAFFLE-RELATED ACTIVITY OR PARTICIPATION IN THE RAFFLE.
13. Disqualification; Changes: CCF may, in its sole discretion, disqualify any individual that tampers or attempts to tamper with the operation of the Raffle, re-sells a Raffle Ticket, violates these Official Raffle Rules, or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. CCF may, in its sole discretion, cancel, suspend and/or modify the Raffle or these Official Raffle Rules, or disqualify any individual or Raffle Ticket for purposes of protecting the integrity of the Raffle or addressing changes in business operations or other circumstances, to the extent allowed under applicable law. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE RAFFLE IS A VIOLATION OF THESE OFFICIAL RAFFLE RULES AND OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, CCF MAY SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
14. Governing Law; Disputes: The Raffle is governed by the laws of the State of Ohio without giving effect to any choice of law or conflict of law rule of any jurisdiction. Any claims regarding the Raffle that are not released, must be brought in the exclusive jurisdiction of the United States District Court for the Northern District of Ohio or the Court of Common Pleas, General Division, for the State of Ohio, Cuyahoga County, and each Entrant hereby consents to the personal jurisdiction of such courts for purposes of any such action. The Raffle is void outside the United States and where prohibited by law. Each Entrant agrees that: (a) any and all disputes, claims, and causes of action not waived arising out of or in connection with the Raffle or the Prize shall be resolved individually, without resorting to any form of class action; (b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Raffle, but in no event attorneys’ fees; and (c) under no circumstances may Entrant obtain awards for, and Entrant hereby waives all rights to claim punitive, incidental, and consequential damages, and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. IN NO EVENT SHALL CCF OR ANY OF THE RELEASED PARTIES BE LIABLE FOR DAMAGES THAT EXCEED THE VALUE OF THE PRIZE TO ANY INDIVIDUAL ENTRANT IN THE RAFFLE.
15. Privacy: Entrant Participation in the Raffle and all Entrant information collected by CCF, is subject to the NBA.com Network Privacy Policy, which is available online at http://www.nba.com/news/privacy_policy.html.
16. Sponsor; Winning Numbers List: To obtain a list of the winning Raffle Ticket numbers, please send a request to: Joanna Radov, 1 Center Court, Cleveland, Ohio 44115, together with a stamped, self-addressed envelope. The winning raffle ticket numbers also will be posted at www.clevelandcharge.com.