December 13, 2018 Lightning Foundation 50/50 Raffle
1. NO CONTRIBUTION NECESSARY TO ENTER OR WIN. A CONTRIBUTION WILL NOT INCREASE YOUR CHANCES OF WINNING. The December 13, 2018 Lightning Foundation 50/50 Raffle (the “Raffle”) is sponsored by the Lightning Foundation, Inc. (the “Foundation”) a Section 501(c)(3) tax-exempt organization with its principal place of business at 401 Channelside Drive, Tampa, FL 33602. The Foundation is the official charity of the Tampa Bay Lightning Hockey Club (the “Lightning”). Raffle is only offered in the Florida counties of Hillsborough, Pinellas, Citrus, Hernando, Pasco, Manatee, Polk, Sarasota, Orange, Hardee and Highlands (the "Raffle Area"). Void outside the Raffle Area and where prohibited.
2. The Raffle raises funds to support various charitable organizations throughout the greater Tampa Bay area, whose charitable purposes are to enrich lives and help those less fortunate. Prize is either funded by the Foundation or donated by third parties. The Raffle will be conducted during the Lightning home game (the “Game”) at AMALIE Arena, 401 Channelside Drive, Tampa, Florida 33602 (the “Arena”) on December 13, 2018. ( ).
3. The Raffle will start and end on the same day (December 13, 2018). The Foundation’s computer is the official time-keeping device for the Raffle. Raffle tickets will be available as follows:
a. Via the Raffle Page (defined below) beginning at 1:00 PM Eastern Time (“ET”) and ending when the second (2nd) intermission or television “time-out” concludes for the Game (the “Online Entry Period”); and
b. In-Person at the Arena beginning two (2) hours before the Arena gates open to the general public and ending when the second (2nd) intermission or television “time-out” concludes for the Game (the “In-Person Entry Period” and together with the Online Entry Period, the “Entry Period(s)”).
4. Multiple raffle tickets will be consolidated in a single receipt at the time acquired (each, a “Raffle Ticket”), such that each Raffle Ticket will bear one (1) or more unique identification numbers (each, a “Raffle Ticket Number”), which numbers will be used to determine the winner. to determine the winning Raffle Ticket Number (“Winning Ticket Number”) will be held during the third (3rd) period of the Game or within a reasonable time thereafter. You do not have to be present to win.
5. Raffle Tickets are valid only for the on December 13, 2018. No refunds will be made, except as otherwise determined by Foundation in its sole discretion. Raffle Ticket donations are not tax deductible.
6. Please note that National Hockey League (“NHL”) game dates and times and Arena gate opening times are determined in the sole discretion of the NHL and/or the Lightning, as applicable, and are subject to change. If the Game is not played for any reason, no Raffle will be held.
7. Raffle is subject to all federal, state and local laws. The Foundation shall be entitled to interpret these Official Rules as needed — including but not limited to rules regarding Raffle Tickets, deadlines, selection, prize restrictions, and eligibility — and all such decisions are final. By participating, you irrevocably, fully and unconditionally agree to be bound by these Official Rules and waive any right to claim ambiguity in these Official Rules and/or in any other Raffle and/or Raffle-related advertising or materials.
8. The winner will be issued any Internal Revenue Service (“IRS”) tax forms or other required documentation and/or reporting forms for the ARV of the prize awarded if required and the winner is solely and exclusively responsible for all state, federal or local income taxes that may result from his or her acceptance of prize. The Foundation is required by law to withhold and remit taxes to the IRS on winner’s behalf a percentage of prize awarded (such percentage as determined by the IRS at its discretion, currently equal to twenty-four percent (24%)) (the “Withholding Amount”) if the value of such prize exceeds $5,000 and the winner is a citizen or resident alien of the United States with a Social Security number (different rules as promulgated by the IRS apply for nonresident aliens and for resident aliens and citizens of the United States who do not have a Social Security number) or as otherwise required by law.
9. To be eligible, each participant must be at least eighteen (18) years old and present in the Raffle Area (above) at the time of entry.
10. Employees, officers, directors, agents, representatives and volunteers of the Foundation, the Lightning, any other entity directly involved in the development or administration of the Raffle and the members of their immediate families (defined as spouses, parents, siblings, and children) and households, are not eligible to enter or win. The term "household" includes all persons residing together (part-time or full-time) in a single residence, whether or not related.
11. Raffle is not open to groups, clubs or organizations. Groups, clubs and organizations are prohibited from reproducing or distributing Raffle materials to their members without the Foundation’s prior express consent.
Prize & ODDS
12. Prize (1): Fifty dollars ($50.00) or fifty percent (50%) of the , whichever is greater. (The actual amount received by winner will be reduced by the if any). Approximate Retail Value (“ARV”): $50 min.
13. “Net Raffle Proceeds” shall mean the total Raffle proceeds collected through Raffle Ticket donations less a maximum of eight percent (8%) to cover royalties, staffing, and other equipment-related costs.
14. The odds of winning depend on the number of Raffle Ticket Numbers distributed.
15. All prize details shall be at the Foundation’s sole discretion. Winner assumes sole responsibility for all expenses and incidental costs associated with the prize not explicitly outlined above, including without limitation, all federal, state and local taxes (if any), surcharges, and fees. Any person who wins prizes through any Foundation-sponsored promotions with cumulative value equal to or greater than $600 in a calendar year will receive an IRS MISC 1099 form or other required tax form.
16. The right to receive the prize is not transferable. Any portion of the prize not accepted by winner is forfeited and no substitute will be offered or permitted. Prize may not be substituted except that the Foundation in its discretion may substitute a prize, or portion thereof, with a prize or portion of equal or greater value if it deems necessary. Any such changes will be announced.
17. Prize offered is provided “as is” with no warranty or guarantee either express or implied by the Foundation. The Foundation has neither made nor is responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to prize. Other restrictions apply.
18. Raffle Tickets will be available during the Game on December 13, 2018 during the Entry Periods outlined above. The suggested minimum contribution (“Suggested Minimum Contribution”) for the Raffle Tickets will be displayed or posted where Raffle Tickets are available (online and in person). To obtain Raffle Tickets during the Entry Periods:
a. In Person at Stationary Kiosks: Raffle Tickets will be available at the Arena at Stationary Kiosks located on Promenade (100) Level at Sections 109 and 123, Club (200) Level at Sections 213 and 230, and Trane Terrace (300) Level at Sections 308 and 327;
b. In Person from Representatives: Raffle Tickets will be available from Uniformed Raffle Representatives located at Ford Thunder Alley (pre-Game), Lexus Lounge, Budweiser Biergarten, Chase Club, and the Suites and respective concierge desks, and periodically circulating with hand-held distribution devices on the Arena’s outdoor plaza and interior concourses;
- Online: You may purchase Raffle Tickets online at Raffle Page") by following the instructions to complete an official raffle form with all required information, which may include your name, e-mail address, phone number, age or date of birth (the “Required Information”) and the number of Raffle Tickets you wish to purchase and completing the transaction. DATA RATES MAY APPLY TO USE OF MOBILE PHONE/DEVICE TO PARTICIPATE IN THE Raffle. WIRELESS SERVICE MAY NOT BE AVAILABLE IN ALL AREAS. (the "
- NO CONTRIBUTION OR PURCHASE NECESSARY: You may obtain Raffle Tickets without making a purchase or contribution during the Entry Period at the Arena by visiting Guest Services (Section 101) or the Ticket Office (West Plaza) and completing an official raffle form with all .
Regardless of method, Raffle Tickets will only be available during the and all participants may be required to present a photo identification as a condition of obtaining Raffle Tickets.
These are the only methods of entry. Raffle Tickets will not be distributed or available via U.S. mail, e-mail, or any other method.
19. Regardless of method, all Raffle Tickets must be obtained (and/or entries completed) no later than the end of the second (2nd) intermission or television “time-out” during the Game on December 13, 2018. Non-winning Raffle Tickets will not carry forward to any subsequent promotions.
20. Participants who fail to provide any may be disqualified without further notification by the Foundation. The Foundation is not responsible for Raffle Tickets that are lost, misdirected, garbled, distorted, truncated, incomplete, illegible, incorrect, altered, tampered with, counterfeit, unauthenticated, or late for any reason, and all such Raffle Tickets are void. The Foundation reserves the right in its sole discretion at any time to disqualify any Raffle Ticket that, or participant who, does not comply with these Official Rules in its sole discretion.
WINNING TICKET SELECTION & ANNOUNCEMENT
22. Random Drawing: During the third (3rd) period of the Game, the Foundation or its designee will randomly choose one (1) Winning Raffle Ticket") will be declared the winner. You do not have to be present to win. from all timely Raffle Tickets distributed during the . Subject to verification of eligibility and compliance with the requirements below, the person who presents the Raffle Ticket bearing the matching Winning Ticket Number (the "
23. Announcement: The Winning Ticket Number will be announced as follows:
a. During Game: The Winning Ticket Number will be announced over the Public Address System and displayed on the Arena’s LightningVision videoboard after and during the Game. The Winning Ticket Number may also be posted at the Arena’s Guest Services (Section 101) and/or Ticket Office (West Plaza).
b. After Game: The Winning Ticket Number will be posted on within twenty-four (24) hours of the and individuals can also find out the Winning Ticket Number by contacting the Foundation’s Raffle representative at (813) 301-6500 during regular business hours (weekdays from 9:00 AM ET to 5:00 PM ET) after the Game.
- In order to claim the prize, the potential winner must present the original Claims Period”). to the Foundation and present and/or execute all required (all as described below) no later than within ten (10) calendar days of the Game (or the next business day if the tenth (10th) calendar day falls on a weekend or holiday) (the “
- Original Ticket Presentation: The potential winner can either present the original at the Arena to a Foundation representative or Guest Services (Section 101) within ten (10) minutes after the end of the Game or at the Foundation’s offices at 401 Channelside Drive, Tampa, Florida during regular business hours (week days from 9:00 AM ET to 5:00 PM ET) during the . The original is the only valid receipt for claiming prize.
- Upon presentation of the is presented to the Foundation being hereinafter referred to as the "Delivery Date"), the Foundation will photograph and retain the Winning Raffle Ticket and shall provide the potential winner with written verification that he or she has presented the Winning Raffle Ticket. are not responsible for lost or stolen Raffle Tickets or Raffle Tickets redeemed in error by their agents. during the Claims Period, the Foundation will verify that such Raffle Ticket bears the and is the authentic Winning Raffle Ticket (with the date upon which the Winning Raffle Ticket
- Verification Paperwork: The Foundation may require the potential winner to provide his/her mailing address (“Mailing Address”), telephone number, and other contact information, an executed (and if required, notarized) Affidavit or Declaration of Eligibility and Liability/Publicity Release, a completed W-9 tax form, and two (2) forms of identification satisfying the requirements for completion of the W-9, including at least one (1) valid government-issued photo identification (collectively, the “Verification Paperwork”) during the .
- Within thirty (30) days of the winner’s compliance with all Withholding Amount, if any, to the winner at the in Foundation’s sole discretion and for security purposes, send the prize, less the Withholding Amount, if any, to the winner via wire transfer to a confirmed bank account provided by the winner. and requirements and procedures above, the Foundation shall either, in its discretion, (i) mail a check in payment of the prize, less the
- If the potential winner (a) fails to fully comply with any and requirements and procedures above during the , (b) fails otherwise to satisfy any eligibility or verification requirement herein, (c) declines to accept the prize, or (d) is otherwise determined to be ineligible, the Foundation in its discretion may disqualify that individual and he/she will forfeit the prize, which will then revert to the Foundation.
- The Foundation will not be required to attempt to notify or locate the holder of Winning Raffle Ticket in any manner other than the methods above. will not be responsible for the failure of any person to review the or contact the Foundation for the or for otherwise being unaware that he or she may possess the Winning Raffle Ticket, or for otherwise failing to fully and timely comply with all and requirements and procedures above. Any purported Winning Raffle Ticket presented to the Foundation outside the or otherwise not in compliance with these Official Rules shall be null and void.
32. The Foundation may, in its sole discretion, post the verified winner’s name on the and/or any of the Foundation’s websites, including and on or in any of the Foundation’s social media pages or channels.
33. By accepting a prize, winner agrees to award the Foundation the right to publicize his or her name, photographs (including the use and appearance of his or her photograph on the Foundation’s websites), likeness, biographical information, e-mail address, voice and details of winning for purposes of this and future promotions without further compensation, except where prohibited.
LIMITATION OF LIABILITY & DISCLAIMER OF WARRANTIES
34. The term “Released Parties” shall mean (a) the Foundation; (b) the Lightning; (c) the , NHL Enterprises, L.P., NHL Enterprises Canada, L.P., NHL Enterprises B.V., NHL Interactive CyberEnterprises, LLC, National Hockey League Foundation, NHL Foundation, each of the other thirty (30) member clubs of the NHL, and each of their respective subsidiaries or affiliated entities, including any entity which, now or in the future, controls, is controlled by, or is under common control with the NHL or any of its member clubs, and the directors, officers, employees, partners, shareholders, owners and agents of the above entities (collective, the “NHL Entities”); (d) Facebook, Inc. ("Facebook"); (e) any other company involved in the development or administration of the Raffle; and (f) their respective parent companies, subsidiaries, agencies, affiliates, franchisees, promoters, prize suppliers, directors, officers, employees, agents and related persons.
35. By participating in the Raffle, you agree that the late, lost, undeliverable, damaged or stolen mail, or for any failed telephone or computer hardware or software, or for any failed, delayed, misdirected, corrupted, or garbled transmissions or errors of any kind, whether human, mechanical, or electronic, or for Raffle Tickets that for any reason are not properly distributed or presented by any deadline stated above; (b) are not responsible for any incorrect or inaccurate information, whether caused by participants or other participants, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Raffle, the printing of this offer or any Raffle Tickets, the administration of the Raffle, the selection or announcement of the , winner or prize; (c) are not responsible for any injury or damage to any computer, modem or other electrical device as a result of participation in the Raffle or downloading of any software or materials; (d) are not responsible for unauthorized human intervention in any part of the Raffle; (e) are not responsible for any unauthorized third-party use of any entry materials; (f) are not responsible for the inability to select the Winning Ticket Number or winner because of postal failure, equipment failure, or data storage failure; and (g) are not responsible for any printing, typographical, technical, computer, network or human error that may occur in the administration of the Raffle, the distribution of Raffle Tickets, selection of Winning Ticket Number, verification of the or winner, the prize or otherwise in any Raffle Tickets, receipts, or other Raffle-related and/or Raffle-related materials.: (a) are not responsible for technical failures of any kind, including but not limited to lost, disconnected, interrupted, or unavailable network, server, or other connections,
36. EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE), INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. RELEASED PARTIES SHALL NOT BE LIABLE OR RESPONSIBLE FOR THOSE GUARANTEES OR WARRANTIES MADE OR OFFERED BY ADVERTISERS, PARTNERS, MANUFACTURERS OR SUPPLIERS, INCLUDING THOSE RELATED TO prize. UNDER NO CIRCUMSTANCES SHALL RELEASED PARTIES BE HELD RESPONSIBLE OR LIABLE FOR YOUR USE OF THE INFORMATION AND/OR PRODUCTS PROVIDED AND/OR MADE AVAILABLE THROUGH THE Raffle OR FOR ERRORS OR ANOMALIES RESULTING IN THE UNINTENDED OR ERRONEOUS PARTICIPATION, AWARD OF THE prize OR OTHER BENEFITS UNDER THESE OFFICIAL RULES. RELEASED PARTIES OFFER NO ASSURANCES, GUARANTEES OR WARRANTIES THAT THE Raffle PAGE OR RELATED WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE AND DO NOT GUARANTEE THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE Raffle.
37. By participating in the Raffle, you agree to release and hold harmless from all alleged, existing, or future actions, claims, and/or liabilities of whatever nature including, but not limited to, personal injury, bodily injury (including, without limitation, wrongful death and disability), property damage, and expense (including, without limitation, reasonable attorneys’ fees) and loss or damage of any other kind, relating to or arising from, in whole or in part, directly or indirectly, (a) your participation, or inability to participate, in the Raffle, or any Raffle-related or prize-related activity; (b) the use by Released Parties (including modification, adaptation, and reproduction) of entry materials during or after the Raffle; (c) the delivery, acceptance, possession, redemption, use, misuse, loss, or misdirection of the prize; and (d) any other claim or cause of action you may have against any Released Party.
38. BY PARTICIPATING IN THE RAFFLE, you FURTHER AGREE THAT (A) ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE Raffle OR THE PRIZE, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) 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 WILL YOU BE PERMITTED TO OBTAIN ANY AWARD FOR, AND you HEREBY WAIVE ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, AND ANY OTHER DAMAGES OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES. WITHOUT LIMITING THE FOREGOING, BY PARTICIPATING IN THE Raffle AND/OR ACCEPTING THE PRIZE, you RELEASE, FOREVER DISCHARGE, COVENANT NOT TO SUE AND HOLD HARMLESS FROM ALL CLAIMS, DEMANDS, DAMAGES, LOSSES AND LIABILITIES OF ANY NATURE WHATSOEVER, WHICH YOU MAY NOW OR HEREAFTER ASSERT.
39. SOME STATES DO NOT ALLOW LIMITATIONS ON THE ABILITY TO PURSUE CLASS ACTION REMEDIES, OR ON CERTAIN KINDS OF DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.
40. The Foundation reserves the right to cancel, suspend or terminate the Raffle, or other part thereof, if the Foundation determines, in its sole discretion, that the security, administration, fairness and/or operation of the Raffle has been corrupted or impaired by any non-authorized intervention, network failure, information storage failure, telecommunications failure, malfunction, or any other cause beyond the Foundation’s control. In such an event, the Foundation will post notice at the at random from all non-suspect Raffle Tickets distributed prior to the suspension, cancellation or termination of the Raffle or in such other manner as the Foundation, in its sole discretion, deems fair and appropriate under the circumstances. and select the
41. The Foundation reserves the right to disqualify any individual from further participation in the Raffle if the Foundation concludes, in its sole discretion, that such person (a) has attempted to tamper with any Raffle Tickets or the operation of the Raffle, (b) has repeatedly disregarded or has attempted to circumvent these Official Rules, or (c) has acted towards the Foundation or any other participant or person in an unfair, inequitable, deliberately annoying, threatening, disrupting or harassing manner. Tampering includes attempting to obtain Raffle Tickets except as permitted herein, including by using any prohibited device or method. Any failure by the Foundation to enforce any of these Official Rules shall not constitute a waiver of such Official Rules.
42. ANY ATTEMPT BY ANY INDIVIDUAL TO DEFRAUD, TAMPER WITH, OR DELIBERATELY UNDERMINE, THE LEGITIMATE OPERATION OF THE Raffle MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND THE FOUNDATION RESERVES THE RIGHT TO PURSUE ANY AVAILABLE DAMAGES OR REMEDIES AGAINST SUCH INDIVIDUAL AND/OR REFER SUCH MATTERS TO LAW ENFORCEMENT FOR PROSECUTION TO THE FULLEST EXTENT PERMITTED BY LAW.
43. All activity arising out of and relating to the Raffle, including any reference to the status of any person as a "winner" is subject to verification and/or auditing for compliance with the Official Rules. If the Foundation determines, in its sole discretion, that verification or auditing activity evidences non-compliance of a Raffle Ticket and/or participant with the Official Rules, the Foundation reserves the right to disqualify such Raffle Ticket and/or participant from the Raffle and prize at any time. The Foundation reserves the right to conduct a background check on any potential winner and to disqualify any individual based on such background check if the Foundation determines in its sole discretion that awarding a prize to any such individual might reflect negatively on the Foundation. Each participant agrees to cooperate with the Foundation and its representatives in connection with all verification, auditing and/or background check activities.
44. The Foundation reserves the right to correct typographical, printing or clerical errors in any Raffle-related materials. No more than the stated number of prizes will be awarded. If production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, the Foundation reserves the right to award only the stated number of prizes by a random drawing from among all legitimate, un-awarded, eligible prize claims.
45. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the participants or in connection with the Raffle, shall be governed by Florida law, without giving effect to any choice of law rules that would cause the application of the laws of any jurisdiction other than Florida.
- Arbitration: Except where prohibited by law, by participating in the Raffle, you expressly agree that (a) all disputes and causes of action arising out of or connected with the Raffle or the prize shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association (“AAA”) in Hillsborough County, Florida; (b) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (c) judgment upon such arbitration award may be entered in any court having jurisdiction.