CLEVELAND INDIANS CHARITIES 50/50 RAFFLE
The Cleveland Indians Charities 50/50 Raffle (the "Raffle") is a fundraiser conducted at select Progressive Field events (an "Event"). By purchasing a ticket for the Raffle ("Raffle Ticket"), each eligible participant (a "Participant") represents that he/she meets all of the below-stated eligibility requirements and agrees to be bound by these Official Rules, all applicable laws, ordinances and regulations, and by the decisions of Cleveland Indians Charities ("CIC"), a 501(c)(3) charitable organization, or its authorized representative.
1. RAFFLE PERIOD: Raffle Tickets will be sold approximately one (1) hour before the beginning of an Event and will end at a predetermined time prior to the conclusion of the Event (each a "Raffle Period"). If the Event is a Cleveland Indians baseball game, the Raffle Period will conclude at the end of the 6th inning of such game.
2. ENTRY: Participants may enter the Raffle by purchasing Raffle Tickets from the four (4) stationary Raffle purchase locations within Progressive Field or from uniformed Raffle Ticket sales representatives roaming in and round Progressive Field in one of the following amounts:
- One (1) Raffle Ticket for $2.00
- Three (3) Raffle Tickets for $5.00
- Ten (10) Raffle Tickets for $10.00
- Forty (40) Raffle Tickets for $20.00
All Raffle Ticket purchases must be made during the applicable Raffle Period. Raffle Tickets are not eligible to be entered into any past or future Raffle drawing. CIC, 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 will be made except as otherwise determined by CIC in its sole discretion.
3. ELIGIBILITY: The Raffle is open to all ticket holders present for the applicable Event who are eighteen (18) years of age or older as of the date of purchase. Employees, independent contractors or volunteers of CIC, the Cleveland Indians Baseball Company Limited Partnership (the "Club") or 5050 Central-Delaware, Inc. ("5050 Central"), their parent companies, subsidiaries, affiliates, and advertising/promotional agencies, and the immediate families and household members of each of the above, are not eligible to enter or win. The Raffle is subject to all applicable Federal, state and local laws.
4. RANDOM DRAWING: Every transaction is electronically tallied. The running total from Raffle Ticket sales will be periodically displayed and updated on the main scoreboard at Progressive Field and other select locations. The winning Raffle Ticket number will be selected after the conclusion of each Raffle Period by random drawing from among all eligible Raffle Tickets purchased during the Raffle Period. The drawing will be held during approximately the 7th inning for Cleveland Indians baseball game Events. In the event of a weather delay or postponement of an Event, CIC may, in its sole discretion, modify any pre-determined schedule with respect to the Raffle Period and/or the drawing. All drawings will be conducted by CIC whose decision is final and binding.
5. PRIZE: Prior to the conclusion of the Event (approximately the 7th or 8th inning of Cleveland Indians baseball games), the selected Raffle Ticket number will be announced on the main scoreboard at Progressive Field. The selected Raffle Ticket number will also be posted on the Raffle website located at www.indians.com/5050. In the Event the scoreboard and/or website are inoperable, the selected Raffle Ticket number can be found at the designated Guest Services Booth near section 156 at Progressive Field. The Participant that purchased the Raffle Ticket with the corresponding winning Raffle Ticket number (a "Prize Claimant") will receive fifty percent (50%) of the net proceeds (total collected by CIC minus any related expenses from the Raffle Ticket sales) for the applicable Raffle Period (the "Prize"). All remaining proceeds from the Raffle shall be retained by CIC.
6. CLAIMING A PRIZE: To claim the Prize, the Prize Claimant must contact CIC and present the winning Raffle ticket in-person at the Progressive Field Team Shop near section 164 at Progressive Field within thirty (30) days from the conclusion of the applicable Raffle Period. The winning Raffle Ticket is the only valid receipt for claiming a Prize. Each Prize Claimant must provide CIC with all information required to claim the Prize (including tax identification information). The Prize Claimant will receive an Affidavit of Eligibility & Liability/Publicity Release ("Affidavit") in the form approved by CIC which must be executed and returned to CIC prior to receipt of the Prize. In the event a Prize Claimant: (a) does not notify CIC within thirty (30) days of the conclusion of the applicable Raffle Period; (b) is ruled ineligible for any reason; (c) refuses the Prize; or (d) does not return an executed Affidavit, the Prize will be forfeited and will be retained by CIC. CIC has no obligation to contact potential winners. All prizes will be delivered via check within thirty (30) days of the Prize Claimant delivering the winning Raffle Ticket, executed Affidavit, and all other required documents to CIC. For security and safety reasons, no cash payments will be made to the Prize winners. Unclaimed winnings will be retained by CIC.
7. ODDS: Odds of winning are based on the total number of Raffle Tickets purchased in each Raffle Period.
8. TAXES: Each Participant 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 Prize winner is responsible for any and all federal, state and local taxes, fees and other government assessments on the awarded Prize. Furthermore, each Prize winner acknowledges that federal law requires that a tax withholding on certain prize values must be collected from winners upon award or 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.
9. TRANSFER OF RAFFLE TICKET: Raffle Tickets shall not be resold to any other party. Any Raffle Ticket which has been resold shall be void. All individuals who re-sell, purchase, or receive a Raffle Ticket in violation of these Official Rules shall be ineligible to participate in the Raffle or to win a Prize.
10. PARTICIPANT'S GRANT OF LICENSE: By participating in the Raffle or accepting a Prize, each Participant hereby irrevocably and perpetually grants to CIC, and its designees a worldwide license to use, publish, reproduce, create derivative works of, distribute and publicly display any images or likenesses taken or captured of the Participant in connection with any participation in the Raffle or receiving a Prize (collectively, the "Images"), in any form, media or content which now or hereafter exists, for advertising, promotional or any other commercial purposes as well as non-commercial purposes. Each Participant waives any compensation for any use of such Images. Each Participant hereby releases and waives any claims, demands, damages, losses, liabilities and causes of action arising from CIC's, or its designee's, uses of the Images, including, without limitation, any claims for defamation, libel, invasion of privacy, publicity, personality, or exploitation of the Participant's name or likeness.
11. RELEASE OF LIABILITY AND INDEMNITY: By participating in the Raffle, the Participant on Participant's behalf and on behalf of the Participant's spouse, assigns, guardians, administrators, executors and legal representatives hereby releases, waives, discharges, covenants not to sue, and indemnifies CIC, the Club, the other MLB Entities (defined below) and 5050 Central together with all of their past, present or future predecessors, successors, assigns, parent companies, subsidiaries, affiliates, related entities and persons, owners, shareholders, members, partners, trustees, elected officials, directors, principals, managers, employees, volunteers, agents, consultants, contractors, representatives, sponsors, and insurers from any claim or loss arising out of or related to the Participant's participation in the Raffle, acceptance of the Prize, or any exercise by CIC of any of its rights set forth herein or the Official Rules of the Raffle, including, but not limited to, any claims related to (i) any injury to the Participant (including death) or the Participant's property that occurs in connection with participation in the Raffle, receiving the Prize or any related activities, (ii) any failure to report and pay any income taxes arising from acceptance of the Prize, (iii) any lost or stolen Raffle Ticket, and (iii) the Participant's acts or the acts of any other party with respect to the Participant's receipt of the Prize, or participation in the Raffle, regardless of whether any such claims are caused in whole or in part by the negligence of any entity or person released hereunder. The "MLB Entities" shall mean the Office of the Commissioner of Baseball ("BOC"), its Bureaus, Committees, Subcommittees and Councils, the Major League Baseball Clubs ("MLB Clubs"), MLB Advanced Media, L.P., Major League Baseball Enterprises, Inc., Major League Baseball Properties, Inc., 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 MLB Clubs or the BOC and the owners, general and limited partners, shareholders, directors, officers, employees and agents of the foregoing entities.
12. DISPUTES AND GOVERNING LAW: The Raffle shall be 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 State or Federal Courts in Cuyahoga County, Ohio, and Participant 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 Participant agrees that: (1) any and all disputes, claims, and causes of action not waived arising out of or in connection with the Raffle, or any Prizes awarded, shall be resolved individually, without resorting to any form of class action; (2) 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 (3) under no circumstances will Participant be permitted to obtain awards for, and Participant 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 CIC OR ANY OF THE RELEASED PARTIES BE LIABLE TO FOR DAMAGES THAT EXCEED THE VALUE OF THE PRIZE AWARDED TO ANY INDIVIDUAL PARTICIPANT IN THE RAFFLE.
13. DISQUALIFICATION; CHANGES: CIC reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the operation of the raffle, re-sells a Raffle Ticket, violates the Official Rules, or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. CIC reserves the right to, at its sole discretion, cancel, suspend and/or modify the Raffle or these Official 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 A PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE RAFFLE IS A VIOLATION OF THESE OFFICIAL RULES AND OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, CIC RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
14. SPONSOR; WINNERS LIST: The sponsor of the Raffle is the Cleveland Indians Charities, a 501(c)(3) charitable organization existing under the laws of the State of Ohio, such being a distinct legal entity from the Cleveland Indians Baseball Company Limited Partnership, the legal entity which owns and operates the Cleveland Indians. To obtain a list of the winning Raffle Ticket numbers, please send a request to: Cleveland Indians Charities 50/50 Raffle, 2401 Ontario Street, Cleveland, Ohio 44115, together with a stamped, self-addressed envelope. The winning raffle ticket numbers also will be posted at www.indians.com/5050