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Terms & Conditions for 2019 Kayak Raffle
- The Raffle. The SAAF Kayak Raffle (the “Raffle”) is a raffle for the prizes listed below with all proceeds benefiting SAAF, a Missouri nonprofit corporation (“SAAF”). An unlimited number of tickets for the Raffle will be sold and entered to win the prizes. Raffle tickets may be purchased for $10.00 per ticket online at www.spayneuterspringfield.org or at various locations in and around Springfield, Missouri. All sales are final. Odds of winning are based on the number of Raffle tickets sold.
- Eligibility. The Raffle is only open to legal residents of the State of Missouri who are eighteen (18) years of age or older. All Raffle ticket entries must be received by SAAF no later than July 17, 2019 at 11:59 p.m. All entries must be via official Raffle ticket entry and contain the entrant’s contact information, including name, address, and email address if purchased online. If purchased via a “paper ticket” a phone number is required if available. Only one individual’s name may be associated with each ticket. Each prize will be awarded to a single winner of record on the ticket. Members of the SAAF Board of Directors are not eligible to enter or win.
- Raffle Prizes. One Grand Prize will be awarded to one Raffle entrant and will consist of two (2) Ascend D-10 Sit-In Kayaks and two (2) paddles (retail value: $939.98).
- Drawing. On or about July 18, 2019, SAAF will conduct a drawing at SAAF in Springfield, Missouri. One Raffle ticket will be selected randomly from all eligible entries received and thereafter the results of the drawing will be posted on SAAF’s website. Once submitted, entries become the sole property of SAAF and will not be returned. Entrants do not need to be present at the time of the drawing to win and will be contacted by phone (if a phone number is provided by entrant) and/or e-mail if they are not present when their name is drawn.
- Claiming and Award of Prizes. To claim a prize, the potential winner must present photo identification with the same address as on the Raffle ticket, execute an Affidavit of Eligibility, which will be provided by SAAF, sign IRS Form W-9, and provide any other information requested by SAAF to verify eligibility and award the prize. Upon verification of eligibility and receipt of all required information and documentation to claim a prize, each winner shall collect his or her prize from 1600 N. Washington in Springfield, Missouri no later than thirty (30) days after the Raffle drawing otherwise such prize will be forfeited by the winner. No substitution of prizes is offered, and no prize may be redeemed for cash value.
- Revocation of Prize. If a Raffle prize remains unclaimed by the potential winner for fourteen (14) days following the first notification attempt, or if a potential winner fails to provide proper identification or other required information and sign the appropriate forms, or if the potential winner is determined to be an ineligible entrant, then in any such case SAAF shall declare the prize forfeited and proceed to conduct another drawing from the remaining eligible entries. SAAF is not responsible for any problems occurring with the internet or otherwise that may affect a potential winner’s receipt of the winning notice.
- Responsibility for Taxes and Other Costs Associated with Winning. All federal, state, and local taxes, fees, and other government assessments, if any, are the sole responsibility of each prize winner. All travel and transportation costs associated with collecting the prizes will be the sole responsibility of the winners.
- Reservation of Rights. SAAF reserves the right to make final judgment on all matters pertaining to the Raffle including the right to change or modify the rules or prizes or to discontinue or extend the Raffle without prior notice. Should SAAF become aware of any hacking, security breaches, or other misconduct, SAAF reserves the right to discontinue the Raffle immediately. In the event SAAF chooses to discontinue the sale of Raffle tickets, names may be drawn from current eligible entries. All decisions of SAAF concerning any and all matters with respect to the Raffle shall be final and binding.
- General Terms. Raffle ticket purchases are not tax deductible. All entrants, by virtue of their entry in the Raffle, agree to be bound by the terms and conditions described in these SAAF Summer Raffle Official Rules (“Official Rules”) and the decisions of the persons verifying eligibility, which will be final and binding with respect to all matters relating to the Raffle. Winners are subject to verification of eligibility and compliance with these Official Rules, and SAAF reserves the right to revoke any prize or remove an entry if the entrant does not meet any or all of the eligibility requirements or if the entry or winning ticket has been damaged or altered. SAAF and its officers, directors, agents, volunteers, independent contractors, representatives, and any other individuals or companies participating in the design, administration, or fulfillment of the Raffle (collectively “Releasees”) are not responsible for: (i) any difficulties that an entrant may experience obtaining a Raffle ticket; (ii) any typographical, human, or other error in the printing or advertising of the offer, administration, or execution of the Raffle, or verification or announcement of prize/prize winner; (iii) any failure of communications, failure of the internet or SAAF’s website, or other technical malfunctions; (iv) any incorrect or inaccurate entry information; or (v) any lost, late, misdirected, incomplete, misdirected, or stolen Raffle ticket entries, all of which will be void. Any Raffle ticket that is illegible, damaged, mutilated, manipulated, duplicated, forged, counterfeited, altered, copied, tampered with in any manner, obtained in a manner outside legitimate methods as stated in these Official Rules, or distributed where prohibited by law will be considered void and will not be eligible for prize redemption. The maximum number of prize awards is limited to the prize list and quantity as stated in these Official Rules, and SAAF is not obligated to award more than the stated quantities. The headings and captions used in these Official Rules are for reference purposes only and should not have any effect on the interpretation of these Official Rules. If any portion of these Official Rules is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
- Release of Liability. BY ENTERING THE RAFFLE, EACH ENTRANT, AS A CONDITION OF HIS/HER PARTICIPATION IN THE RAFFLE, AGREES THAT THE RELEASEES WILL NOT BE LIABLE FOR PERSONAL INJURIES, DEATH, DAMAGES, EXPENSES OR COSTS OR LOSSES OF ANY KIND RESULTING FROM OR IN CONNECTION WITH PARTICIPATION OR INABILITY TO PARTICIPATE IN THE RAFFLE OR ACCEPTANCE, POSSESSION, OR USE OR INABILITY TO USE A PRIZE OR PARTS THEREOF INCLUDING, WITHOUT LIMITATION, CLAIMS, SUITS, INJURIES, LOSSES AND DAMAGES RELATED TO PERSONAL INJURIES, DEATH, DAMAGE TO OR DESTRUCTION OF PROPERTY, RIGHTS OF PUBLICITY OR PRIVACY, DEFAMATION OR PORTRAYAL IN A FALSE LIGHT (WHETHER INTENTIONAL OR UNINTENTIONAL), WHETHER UNDER A THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHER THEORY, EVEN IF CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OF ANY OR ALL OF THE RELEASEES. BY ACCEPTING A PRIZE, EACH WINNER RELEASES THE RELEASEES FROM ALL LIABILITY AND RESPONSIBILITY WITH RESPECT TO THE ACCEPTANCE, POSSESSION, OR USE/MISUSE OF A PRIZE OR PARTICIPATION IN PRIZE-RELATED ACTIVITIES (INCLUDING ANY PROPERTY LOSS, DAMAGE, PERSONAL INJURY, OR DEATH). RELEASEES WILL NOT BE LIABLE TO WINNERS OR ANY OTHER PERSON FOR FAILURE TO SUPPLY A PRIZE OR ANY PART THEREOF, BY REASON OF ANY ACTS OF GOD, ANY ACTION, REGULATION, ORDER OR REQUEST BY ANY GOVERNMENTAL OR QUASIGOVERNMENTAL ENTITY (WHETHER OR NOT THE ACTION, REGULATIONS, ORDER OR REQUEST PROVE TO BE INVALID), EQUIPMENT FAILURE, TERRORIST ACTS, WAR, FIRE, FLOOD, EARTHQUAKE, UNUSUALLY SEVERE WEATHER, EMBARGO, LABOR DISPUTE OR STRIKE (WHETHER LEGAL OR ILLEGAL), LABOR OR MATERIAL SHORTAGE, TRANSPORTATION INTERRUPTION OF ANY KIND, OR ANY OTHER CAUSE BEYOND RELEASEES’ SOLE CONTROL.
- Publicity Release. Except where prohibited, by accepting a prize, winners consent to the use by SAAF and its designees of their names and/or likeness for all purposes, including but not limited to, advertising and publicity purposes in any and all media now or hereafter known throughout the world in perpetuity without limitation and without additional compensation, notification, or permission.
- Privacy Statement. Entrants agree that entry into the Raffle results in their agreement with the following: SAAF shall have the right to retain and use entrant information, including email addresses, to inform entrant about SAAF news, events, and promotions. SAAF does not sell personal information or share personal information with any unaffiliated third party groups.
- Warranty Disclaimer. All prizes are awarded “AS IS” without any warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement, except for any warranties that may be contained in such prize’s manufacturer’s warranty. Releasees make no warranties, representations or guarantees, express or implied, in fact or in law, respecting the performance or use of the prizes, including, without limitation, quality, merchantability, and fitness for a particular purpose, and the winner must look solely to the manufacturer for such warranties, if any.
- Applicable Law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and SAAF in connection with the Raffle, shall be governed by, and construed in accordance with the laws of the State of Missouri, without giving effect to any choice of law or conflict of law, rules or provisions (whether of the State of Missouri, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Missouri. The Raffle is subject to all applicable federal, state, and local laws, and is void where prohibited or restricted by law. Entrants hold all responsibility to comply with any applicable federal, state, or local laws in connection with their entry.
- Disputes. Each entrant agrees that: (1) any and all disputes, claims, and causes of action 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, and any judicial proceedings shall take place in federal or state court in Greene County, Missouri; (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 an entrant be permitted to 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 SAAF BE LIABLE TO ANY ENTRANT OR WINNER FOR DAMAGES THAT EXCEED FIVE HUNDRED AND 00/100 DOLLARS ($500.00).