Rules & Regulations
Rules & Regulations
Tempe Diablos Charities 50/50 Raffle
Official Rules
1. General. By participating in the Tempe Diablos Charities 50/50 Raffle (“Raffle”), entrants agree to be bound by these Official Rules, the Terms and Conditions of Use (“Terms and Conditions”) posted on the Website of the Tempe Diablos (as defined in the Terms and Conditions) and by the decisions of Tempe Diablos Charities, Inc., d/b/a Tempe Diablos Charities (“Charities”), which shall be binding and final as to all matters related to the Raffle. To the extent that there is a conflict between these Official Rules and the Terms and Conditions these Official Rules shall be interpreted as controlling. 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 Charities, a 501(c)(3) organization.
3. Eligibility. The Raffle is open to all persons age eighteen (18) and older and subject to these Official Rules. You must be within the state of Arizona to purchase a Raffle ticket.
4. Purchasing Raffle Tickets.
All Raffle tickets (“Raffle Tickets”) may be purchased as follows: ten (10) numbers for $10.00; ninety (90) numbers for $20.00. There are no discounts or complimentary Raffle Tickets. Raffle Tickets will be available for purchase in-person at Los Angeles Angels of Anaheim home games at Tempe Diablo Stadium (the “Stadium”) during the 2020 Spring Training Season from Diablo volunteers. Raffle Tickets will be sold each day from the time the gates are opened until the middle of the 5th inning or until 3:00 pm whichever comes first. 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. Charities 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 Charities. Raffle Tickets are only valid for the drawing held on the date of purchase.
5. 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. You agree that the Charities and Tempe Diablos, Inc. (collectively the “Tempe Diablos”) have not provided and will not provide any tax advise or counsel.
6. Prize. Each winner will receive a prize equal to fifty percent (50%) of the total proceeds from Raffle Tickets sold for that drawing, contingent upon the winner’s compliance with these Official Rules.
7. Taxes. Each winner shall be responsible for any and all travel, costs (including delivery, if any), 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.
8. Selection of Winner. Before the 6th inning of each Los Angeles Angels home game, one (1) Raffle Ticket will be randomly drawn to determine the winner of the prize. The number of the winning Raffle Ticket will be announced in the Stadium during the 6th inning.
9. Prize Claim. Within thirty (30) days of the applicable drawing, the prize claimant must notify Charities at P.O. Box 13246, Tempe, AZ 85284-0055, diablos5050@tempediablos.org or in-person at the Stadium during normal business hours to claim a prize. Each prize claimant must provide Charities 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 Charities no later than five (5) business days after his/her receipt of the Release in order to be eligible to claim the prize. In the event a claimant: (a) does not notify Charities 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 Charities for charitable use. Charities has no obligation to contact potential winners. All prizes will be sent to the winner via check within thirty (30) days of the winner delivering the winning Raffle Ticket, executed Release, and all other required documents to Charities. For security and safety reasons, no cash payments will be made to Raffle winners.
10. Odds. The odds of winning the Raffle depend on the number of Raffle Tickets purchased for the drawing.
11. 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.
12. Judges. The Raffle will be conducted and supervised by Charities, whose decisions are final. Charities reserves the right to modify these Official Rules at any time. Charities 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.
13. Release of Liability; Limitation of Liability; Indemnity. By entering into the Raffle, all entrants agree to: (a) be bound by these Official Rules; and (b) release Charities; Tempe Diablos; the Los Angeles Angels of Anaheim; the City of Tempe; and their respective parent corporations, subsidiaries and affiliates, together with their members, owners, partners, employees, officers, directors, sponsors, independent contractors, vendors, assigns, and agents, including advertising and promotion agencies, 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 the participation in the Raffle, any consequence of the acceptance, receipt, possession, or use of any prize, including, but not limited to any travel or activity related to the receipt or use of any prize.
NEITHER YOU NOR THE released parties SHALL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES (INCLUDING LOSS OF PROFITS, DATA, BUSINESS OR GOODWILL), REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, TORT, STRICT LIABILITY, BREACH OF WARRANTIES, FAILURE OF ESSENTIAL PURPOSE OR OTHERWISE, AND EVEN IF ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES. IN NO EVENT SHALL THE LIABILITY OF THE releaSed parties exceed the purchase price of a single raffle ticket.
You hereby indemnify the Tempe Diablos, including Charities, and undertake to keep us indemnified against any losses, damages, costs, liabilities, including taxes for value received, and expenses, including without limitation, legal expenses and any amounts paid by the Tempe Diablos to a third party in settlement of a claim or dispute on the advice of the Diablos’ legal advisers incurred or suffered by us arising out of any breach by you of any provision of these Official Rule, the Terms and Conditions, or arising out of any claim that you have breached any provision of these Official Rules and/or the Terms and Conditions
14. Publicity Release. Each winner, by accepting a prize, grants Charities, Tempe Diablso, and their designees and affiliates, including the Tempe Diablos, 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 Charities may require to be signed in connection with this release.
15. Winners List. A Winners List is available at www.ps5050/diablos or by sending a SASE to: Tempe Diablos Charities Inc., P.O. Box 13246, Tempe, AZ 85284-0055.
16. Governing Law. The Raffle and these Official Rules shall be subject to and governed by the laws of the State of Arizona. You agree that any dispute arising out of the use of the Raffle shall be determined by binding arbitration conducted before a single arbitrator and pursuant to the rules of the American Arbitration Association. The exclusive venue for such arbitration shall be within Maricopa County, Arizona. Each party agrees to bear its own attorney’s fees, costs, and expenses, regardless of whether they are ultimately deemed to be the prevailing party to such dispute resolution. In the event that the arbitrator or any other 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.
17. Entire agreement.
These Official Rules and the Terms and Conditions, together with any related documents, constitute the entire agreement between you and the Tempe Diablos in relation to your participation in the Raffle and use of this website, and supersede all previous agreements in respect of your use of this website.
How to Claim a Prize
Within thirty (30) days of the applicable drawing, the prize claimant must notify Charities at P.O. Box 13246, Tempe, AZ 85284-0055, diablos5050@tempediablos.org or in-person at the Stadium during normal business hours to claim a prize. Each prize claimant must provide Charities 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 Charities no later than five (5) business days after his/her receipt of the Release. In the event a claimant: (a) does not notify Charities 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 Charities for charitable use. Charities has no obligation to contact potential winners. All prizes will be sent to the winner via check within thirty (30) days of the winner delivering the winning Raffle Ticket, executed Release, and all other required documents to Charities. For security and safety reasons, no cash payments will be made to Raffle winners.
How to Claim a Prize
Within thirty (30) days of the applicable drawing, the prize claimant must notify Charities at P.O. Box 13246, Tempe, AZ 85284-0055, diablos5050@tempediablos.org or in-person at the Stadium during normal business hours to claim a prize. Each prize claimant must provide Charities 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 Charities no later than five (5) business days after his/her receipt of the Release. In the event a claimant: (a) does not notify Charities 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 Charities for charitable use. Charities has no obligation to contact potential winners. All prizes will be sent to the winner via check within thirty (30) days of the winner delivering the winning Raffle Ticket, executed Release, and all other required documents to Charities. For security and safety reasons, no cash payments will be made to Raffle winners.
