The Arizona Diamondbacks Foundation was established in 1997 before the D-backs ever played a Major League Baseball game. The mission of the Arizona Diamondbacks Foundation is to support three main areas of need: homelessness, indigent healthcare and children's programs of all types, including education and youth baseball and softball field building and renovation, outreach programs and equipment. In addition, the Foundation has created strategic programs that address the needs of our community including veterans, police, teachers and firefighters - just to name a few.
Enter by 11:59 PM Mountain Standard Time on September 27th, 2019. Open to all persons who are located in the State of Arizona at the time of entry and of legal age of majority in his/her jurisdiction of residence (and at least eighteen (18) years of age) at the time of entry. Forty (40) prizes will be awarded. Potential winner notification: on September 28th, 2019, 10 am - 5 pm MST. Odds of winning depend on the number of eligible entries received. Online Entry Only. See Official Rules, which govern, for complete details. Sponsor: The Arizona Diamondbacks Foundation, 401 E. Jefferson Street, Phoenix, AZ 85004.
Arizona Diamondbacks Foundation Shirts Off Our D-backs Raffle
1. General. By participating in the Arizona Diamondbacks Foundation Shirts Off Our D-backs Raffle, presented by ("Raffle"), entrants agree to be bound by these Official Rules and by the decisions of Arizona Diamondbacks Foundation, Inc. ("Foundation"), which shall be binding and final as to all matters related to the Raffle. 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 the Foundation, a 501(c)3 public charity, and the programs that the Foundation supports. These programs aim to improve recreational, educational, health, and social services for children and families in need, with a primary focus on programs in Arizona.
3. Eligibility. The Raffle is open only to all persons who are located in the State of Arizona at the time of entry and of legal age of majority in his/her jurisdiction of residence (and at least eighteen (18) years of age) at the time of entry ("Eligible Participants") in accordance with these Official Rules and applicable Arizona law. Employees, partners, officers, and directors, their immediate family members (spouse, parent, child and sibling and their respective spouses, regardless of where they reside), and any person residing in their same households (whether or not related) of the Foundation, AZPB Limited Partnership (dba the "Arizona Diamondbacks"), the other MLB Entities, AZPB REM Limited Partnership, AZPB FM Limited Partnership, Maricopa County Stadium District, and each of their respective parents, affiliated companies, subsidiaries, licensees, distributors, dealers, retailers, printers and advertising and promotion agencies, and any and all other companies associated with the Raffle are not eligible to participate or win a prize. The "MLB Entities" shall mean the Office of the Commissioner of Baseball ("BOC"), its Bureaus, Committees, Subcommittees and Councils, MLB Advanced Media, L.P. ("MLBAM"), Major League Baseball Properties, Inc., The MLB Network, LLC, the Major League Baseball Clubs ("Clubs"), 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 Clubs or the BOC and the owners, general and limited partners, shareholders, directors, officers, employees and agents of the foregoing entities.
4. Purchasing Raffle Tickets. ALL PURCHASES MUST BE MADE BY ELIGIBLE PARTICIPANTS WHO ARE LOCATED WITHIN THE STATE OF ARIZONA AT THE TIME OF PURCHASE. All Raffle tickets may be purchased as follows: one (1) ticket for $5.00; seven (7) tickets for $25.00; twenty (20) tickets for $50.00; or fifty (50) tickets for $100.00. Raffle tickets will be sold from 12:00 a.m. Mountain Standard Time ("MST") on September 1, 2019, to 11:59 p.m. MST on September 27, 2019 ("Entry Period"). Raffle tickets must be purchased online during the Entry Period by September 27, 2019, at 11:59 p.m. MST.
There is no limit to the number of Raffle tickets an Eligible Participant may purchase. Each Eligible Participant will receive a receipt corresponding to his/her purchased Raffle ticket(s). Entries which are or appear to be tampered with are void. The Foundation 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 the Foundation.
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.
6. Prizes. Forty (40) prizes will be awarded. Each Winner will receive two (2) game tickets for Winner and one (1) guest to attend the Arizona Diamondbacks home game at Chase Field on Sunday September 29, 2019 (the "Event"); and one (1) game-worn, autographed jersey of one (1) active Arizona Diamondbacks player or coach. Seat locations at the Event and particular jersey to be determined by the Arizona Diamondbacks. Estimated retail value of each prize is $400.00. TRAVEL AND LODGING NOT INCLUDED. Each Winner's guest must be of legal age of majority in his/her jurisdiction of residence (and at least eighteen (18) years of age), unless accompanied by a parent or legal guardian. Major League Baseball game/Event dates and times are determined in the sole discretion of the BOC and/or the applicable Club, as applicable, and may be subject to change. The terms and conditions of the Event tickets awarded as part of the prize may govern in the event a legal game, event or exhibition, as defined by Major League Baseball, is not played due to weather conditions, an act of God, an act of terrorism, civil disturbance or any other reason. Each Winner and his/her guest agree to comply with all applicable ballpark regulations in connection with the prize. The Arizona Diamondbacks and the other applicable MLB Entities reserve the right to remove or to deny entry to any Winner and/or his/her guest who engage(s) in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person at the Event. Released Parties (defined below) will not be responsible for weather conditions, Acts of God, acts of terrorism, civil disturbances, work stoppage or any other natural disaster outside their control that may cause the cancellation or postponement of any Major League Baseball game, event or exhibition. Major League Baseball Event tickets awarded as part of the prize may not be resold or offered for resale or used for any commercial or promotional purpose whatsoever. Any such resale or commercial or promotional use may result in disqualification and prize forfeiture, and may invalidate the license granted by the Event tickets.
7. 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 a prize. At the time of this printing, federal law requires that a tax withholding on certain prize values must be collected from each Winner 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 Winners. On or about September 28, 2019, forty (40) Raffle tickets will be randomly selected by MLBAM to determine the potential winners, and subject to verification of eligibility and compliance with these Official Rules, the potential winners will be declared the official winners of the Raffle (each, a "Winner"). An Eligible Participant is eligible to win multiple prizes provided that he/she has purchased multiple Raffle tickets. On or about September 28, 2019, the Foundation will notify each potential winner by telephone or email, using the information provided by such potential winner at the time of purchase.
9. Prize Claim. Each potential winner must provide the Foundation with all information required to claim a prize (including tax identification information). Each potential winner will receive an Affidavit, Prize Claim, and Release ("Release"), which must be executed and returned to the Foundation before the Event if the potential winner wishes to attend the Event. Otherwise, the potential winner may still claim a game-worn, autographed jersey by responding to the Foundation by October 31, 2019. In the event a potential winner (a) is ruled ineligible for any reason; (b) refuses the prize; (c) cannot provide the winning Raffle ticket, a receipt, or other proof of purchase of a Raffle ticket sufficient for the Foundation to verify the authenticity of such potential winner's Raffle ticket; or (d) does not timely return an executed Release, the prize will be forfeited and an alternate potential winner may be selected by random drawing from among all remaining purchased Raffle tickets at the sole discretion of the Foundation.
10. Odds. The odds of winning a prize depend on the total number of Raffle tickets purchased by Eligible Participants.
11. Transfer of Raffle Tickets or Prize. Eligible Participants who purchase Raffle tickets may opt to give away their Raffle ticket(s) to other eligible person(s) (i.e., of legal age of majority in their jurisdiction of residence and at least eighteen (18) years of age), but in doing so the Eligible Participant who purchased the Raffle ticket(s) waives any claim he/she might otherwise have to the prize if such Raffle ticket(s) is/are selected in the random drawing. Recipients of Raffle tickets through transfer shall be considered Eligible Participants for purposes of these Official Rules. 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 (is of legal age of majority in his/her jurisdiction of residence and at least eighteen (18) years of age); (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 such Winner.
12. Judges. 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. The Foundation and MLBAM reserve the right, in their 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. By entering into the Raffle, each Eligible Participant agrees to (a) be bound by these Official Rules; and (b) release the Foundation, the Arizona Diamondbacks, the other MLB Entities, AZPB REM Limited Partnership, AZPB FM Limited Partnership, Maricopa County Stadium District and their respective parent corporations, subsidiaries and affiliates, together with their owners, partners, employees, officers, directors, sponsors, and agents, including advertising and promotion agencies (collectively, "Released Parties") from and against any and all claims, demands, injuries, losses and liabilities arising out of the Raffle, including any and all liability (including negligence) for property damages or personal injuries (including the consequences of such injuries, such as death) with respect to participation in the Raffle or acceptance, possession, or use or misuse of the prize.
14. Publicity Release. Each Winner, by accepting a prize, grants the Foundation and its designees and affiliates, including the Arizona Diamondbacks and the other MLB Entities, 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 the Foundation may require to be signed in connection with this release.
15. General Conditions. Released Parties are not responsible for stolen, late, incomplete, illegible, inaccurate, misdirected, lost, misrouted, scrambled, damaged, delayed, undelivered, mutilated, garbled entries, transmissions or e-mail; or for lost, interrupted or unavailable network, cable, satellite, server, Internet Service Provider (ISP), wireless network, website, or other connections including those through and/or by any website or 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 whether human, mechanical, electronic, network, computer, telephone, mail, typographical, printing or otherwise relating to 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 prizes or in any Raffle-related materials, or the cancellation or postponement of any Major League Baseball game, event or exhibition. 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 Eligible Participants' or to any other person's computer or wireless device related to or resulting from participating in the Raffle or downloading materials from or use of the Website. Persons who tamper with or abuse any aspect of the Raffle or Website 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 Eligible Participants or any representative of the Foundation and/or MLBAM or who are in violation of these Official Rules, as solely determined by the Foundation, will be disqualified 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 Released Parties. The Foundation shall have the sole right to disqualify any Eligible Participant for violation of these Official Rules or any applicable laws relating to the Raffle, and to resolve all disputes in its sole discretion. Released Parties (i) make no warranty, guaranty or representation of any kind concerning any prize (or any portion thereof); and (ii) disclaim any implied warranty. The Foundation's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
The Foundation and MLBAM reserve the right, in their sole 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 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 the Winners and award the prizes by way of random drawing from among all non-suspect, eligible entries received up to the time of such cancellation.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE 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 ELIGIBLE PARTICIPANT RESPONSIBLE FOR THE ATTEMPT, AND THE FOUNDATION, MLBAM AND THEIR 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 declared made by the Authorized Account Holder (defined below) of the e-mail address submitted at the time of entry provided he/she is 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.
As a condition of entering the Raffle or accepting a prize, each Eligible Participant/Winner agrees that (i) any and all disputes, claims, controversies or causes of action arising out of or relating to the Raffle, or any prizes awarded (each, a "Claim"), shall not be consolidated or joined with or in any other proceeding involving a Claim of any other party; and (ii) under no circumstance will Eligible Participant/Winner be permitted to obtain awards for, and Eligible Participant/Winner hereby waives all rights to claim, punitive, incidental, consequential or any other damages, other than for actual out-of-pocket expenses.
16. Winners List. A Winners List is available by sending a self-addressed stamped envelope, postmarked from November 1, 2019, through November 30, 2019, to Arizona Diamondbacks Foundation, c/o Shirts Off Our D-backs Raffle Winners List, 401 East Jefferson, Phoenix, AZ 85004.
17. Governing Law. The Raffle and these Official Rules shall be subject to and governed by the laws of the State of Arizona. 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. The venue for any cause of action arising out of the Raffle or these Official Rules shall be located in Maricopa County, Arizona.
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