Miami Marlins Foundation 50/50 Raffle - Official Rules
NO CONTRIBUTION OR PURCHASE NECESSARY TO ENTER OR WIN. Miami Marlins Foundation, Inc., a Section 501(c)(3) tax-exempt organization ("Sponsor"), is sponsoring a single-prize chance drawing ("Raffle") to be conducted during each purchase period listed on the Website (defined below) (each, an "Entry Period").
ELIGIBILITY: At the time of entry, entrants must be of legal age of majority in their jurisdictions of residence (and at least eighteen (18) years of age), located in the State of Florida, excluding the counties of Pinellas, Hillsborough, and Sarasota (the ¡°Raffle Area¡±) at the time of entering the Raffle. Sponsor has the right to request photo identification from any person desiring to enter the Raffle. Employees, officers, and directors of Sponsor, Marlins Teamco LLC (¡°Marlins¡±), the other MLB Entities (defined below), as well as members of their immediate family and residents of their household, are not eligible to enter. "Immediate family" includes only an employee's spouse, parents, children and employee's siblings living in the same household. Raffle is void where prohibited by law, rule or regulation. All federal, state and local laws and regulations apply.
TO ENTER: There are three methods of entering the Raffle, in person, online via Website, and via the MLB Ballpark App:
- In Person: No purchase or contribution is necessary to enter or to win. To enter, an eligible entrant may request and receive in person at loanDepot park (¡°Ballpark¡±) during a Miami Marlins¡¯ home game at the Ballpark (from gates open to the conclusion of the 7th inning) occurring during each Entry Period at the Ballpark, from a designated representative of Sponsor an official raffle ticket ("Ticket") for the Raffle.
- Online via Website: No purchase or contribution is necessary to enter or to win. A person may obtain a Ticket during each Entry Period by visiting www.marlins.com/raffles (¡°Website¡±). DATA CHARGES MAY APPLY TO USE OF MOBILE PHONE/DEVICE TO PARTICIPATE IN THE RAFFLES.
- MLB Ballpark App. Download the MLB Ballpark app (the ¡°App¡±) and follow the directions to purchase a Ticket. To be valid, a Ticket purchased on the App must be downloaded from the App. Entrants purchasing Tickets via the App must fully complete their purchase using the procedures specified.
Entry, regardless of the method, is void outside the Raffle Area and where prohibited by law, rule, or regulation. All information submitted in connection with entering is subject to, and will be treated in a manner consistent with, MLB¡¯s Terms of Use, which may be viewed at: mlb.com/tou, and Privacy Policy, which may be viewed at: mlb.com/privacy.
A complimentary Ticket may also be obtained during an Entry Period at https://marlins5050.marlins.com/free-tickets/select-tickets. A request for and receipt of a Ticket constitutes the entrant's full and unconditional agreement to and acceptance of these Official Rules, including all entry requirements. There is a maximum of one (1) Ticket per eligible person per Entry Period if no donation is made by such person (photo identification will be required to be shown).
There are suggested minimum cash contributions to the Sponsor in connection with the receipt of Tickets (with the total amount of all such contributions made during the Entry Period, as determined by the Sponsor in its sole discretion (such total amount being hereinafter referred to as the "Contributions"), LESS AN AMOUNT EQUAL TO SIXTEEN PERCENT (16%) OF THE CONTRIBUTIONS TO COVER SPONSOR'S ADMINISTRATIVE COSTS OF THE RAFFLE, being hereinafter referred to as the "Net Raffle Proceeds").
DRAWING AND NOTIFICATION OF PRIZE WINNER: For each Raffle, the potential winner of the Raffle "Grand Prize" (as that term is defined hereinafter) will be selected by random drawing from all eligible entries received during the applicable Entry Period. The winning Ticket number ("Winning Number") will be posted on the Website ("Website Posting"). The holder, subject to verification of eligibility and compliance with these Official Rules ("Raffle Winner") of the Winning Number Ticket (the "Winning Ticket") must notify Sponsor within fourteen (14) days after the end of the applicable Entry Period. The Website Posting shall remain posted throughout the "Claims Period" (as that term is defined hereinafter). In order to be eligible to claim the Grand Prize, the Raffle Winner must email [email protected] with evidence of the Winning Ticket within the time period (the "Claims Period") that ends at 6:00 p.m. EST on the date that is fourteen (14) days after the Raffle ended with respect to which the Raffle Winner has the Winning Ticket. If the Raffle Winner does not present evidence of the Winning Ticket to Sponsor within the Claims Period, or does not cooperate with Sponsor¡¯s requirements for claiming the Grand Prize or otherwise comply with these Official Rules, the Raffle Winner waives its right to receive the Grand Prize, and any proceeds the Raffle Winner would have received will be donated to Sponsor. Non-winning Tickets from one Raffle do not carry-over to and are not eligible for any subsequent Raffle.
Upon presentation of the Winning Ticket to Sponsor during the Claims Period and verification by Sponsor that it bears the Winning Number and is the authentic Winning Ticket (with the date upon which the Winning Ticket is presented to Sponsor being hereinafter referred to as the "Delivery Date"), the Ticket will be retained by Sponsor, the Raffle Winner shall provide his or her photo identification and one other form of identification as noted below, mailing address ("Mailing Address") and telephone number, and Sponsor shall provide the Raffle Winner with written verification that he or she has won the Raffle. The Raffle Winner will be required to execute and deliver to Sponsor an Affidavit of Eligibility and Liability/Publicity Release provided by Sponsor and in a form acceptable to Sponsor in its sole discretion and a W-9 tax form (and the Raffle Winner must provide Sponsor with two forms of identification satisfying the requirements necessary to complete the W-9 as set forth in the W-9 instructions) at the time the Raffle Winner delivers the Winning Ticket to Sponsor. Upon compliance with the foregoing provisions, Sponsor shall mail a check in payment of the Grand Prize, less the Withholding Amount (as that term is defined hereinafter), if any, to the Raffle Winner at the Mailing Address within thirty (30) days after the Delivery Date. If the Grand Prize was more than $600 and greater than 300 times the wager, the Raffle Winner also will receive, on or before January 31st of the immediately following calendar year, a W-2G federal income tax form setting forth the amount of the Grand Prize and the Withholding Amount (if any).
Sponsor will award the Grand Prize only upon verification of the Raffle Winner and the Winning Ticket in Sponsor's sole discretion. Decisions by Sponsor as to Raffle Winner eligibility and acceptance or disqualification will be final and binding. If the potential winner has not complied with these Official Rules, including the delivery of the Winning Ticket, the provision of his or her photo identification and another acceptable form of identification, Mailing Address and telephone number, and the execution of the Affidavit of Eligibility and Liability/Publicity Release and W-9 tax form during the Claims Period, the Grand Prize will be forfeited and shall be retained by Sponsor. In the event the potential winner does not accept the Grand Prize, is disqualified for any reason or fails to comply with these Official Rules, the Grand Prize will be forfeited and shall be retained by Sponsor. Upon prize forfeiture, no compensation will be given to the potential winner. Failure of any potential winner to sign any requested document or failure of any potential winner to comply with any terms in these Official Rules may disqualify the winner in the Sponsor's sole discretion and the potential winner may forfeit the Grand Prize.
If no one presents the Winning Ticket to Sponsor prior to the end of the Claims Period in accordance with the procedures set forth above, the Grand Prize will be forfeited and shall be retained by Sponsor. The Grand Prize will not be awarded to any other person or entity. Sponsor will not be required to attempt to notify or locate the holder of the Winning Ticket in any manner other than by making the Website Posting. Sponsor also will not be responsible if the holder of the Winning Ticket does not check the Website Posting or is otherwise unaware that he or she has the right to collect the Grand Prize or does not present the Winning Ticket within the required time as set forth in these Official Rules. If the holder of the Winning Ticket attempts to deliver the Winning Ticket to Sponsor and collect the Grand Prize at a later time or date, he or she will be notified that the Grand Prize has been forfeited.
GRAND PRIZE: The holder of the winning Ticket shall be entitled to receive, upon compliance with these Official Rules, the greater of: (a) fifty percent (50%) of the Net Raffle Proceeds; or (b) Five Dollars ($5.00) (the "Grand Prize"). Sponsor is required by law to withhold and remit to the Internal Revenue Service on the Raffle Winner's behalf an amount equal to twenty-four percent (24%) of the Grand Prize (such amount being referred to herein as the "Withholding Amount") if the Grand Prize is greater than $5,000 and if the Raffle Winner is a citizen or resident alien of the United States with a Social Security Number (different rules as promulgated by the Internal Revenue Service apply for nonresident aliens and for resident aliens and citizens of the United States who do not have a Social Security number).
*PRIZE RESTRICTIONS AND ODDS: The Grand Prizes are not transferable or assignable and cannot be substituted for another prize. Any and all taxes, fees, and other costs including but not limited to federal and, if applicable, state and local income and withholding taxes that may arise and be due or asserted on the value of the Grand Prize are the sole responsibility of each individual Raffle Winner. Odds of winning depend on the number of eligible entries received for the applicable Raffle.
PUBLICITY RELEASE: Each Raffle Winner agrees that acceptance of the Grand Prize grants to Sponsor, Marlins, and their designees the right to print, publish, broadcast, and use world-wide, in any media now known or later developed at any time or times, such Raffle Winner's name, portrait, picture, voice, likeness, and biographical information for any purpose, including but not limited to in advertisements, publicity, and other communications without additional compensation, except where prohibited by law. Names and e-mail addresses of entrants may be used for future marketing solicitations by Sponsor or the Marlins, unless the entrant opts out of such marketing uses.
RELEASE: As a condition of entering the Raffle, and by accepting a Ticket, each entrant agrees that: (1) under no circumstances will the entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, consequential or any other damages, other than actual out-of-pocket expenses, if any; (2) all causes of action arising out of or connected with the Raffle or any prizes awarded shall be resolved individually, without resort to any form of class action; and (3) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys' fees and costs. BY ENTERING THE RAFFLE, THE RAFFLE WINNER AGREES TO RELEASE, DISCHARGE AND HOLD HARMLESS SPONSOR, MARLINS, MARLINS FUNDING LLC, MARLINS HOLDINGS LLC, MARLINS STADIUM OPERATOR, LLC, CITY OF MIAMI, MIAMI-DADE COUNTY, THE MLB ENTITIES (DEFINED BELOW), BUMP WORLDWIDE INC., AND EACH OF THEIR RESPECTIVE PARENTS, AFFILIATED ENTITIES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS (¡°RELEASED PARTIES¡±), FROM ANY AND ALL LIABILITY, CLAIMS, LOSSES, DAMAGES, CAUSES OF ACTION, SUITS, AND DEMANDS OF ANY KIND ARISING FROM OR IN CONNECTION WITH THE RAFFLE, HOWEVER CAUSED, INCLUDING, WITHOUT LIMITATION, ANY INJURY, LOSS, OR DAMAGE OF ANY KIND TO PERSONS, INCLUDING DEATH AND PROPERTY, WHETHER DIRECT OR INDIRECT, WHICH MAY BE DUE TO OR ARISE OUT OF PARTICIPATION IN THE RAFFLE OR THE ACCEPTANCE, USE, MISUSE, NON-USE, OR POSSESSION OF THE GRAND PRIZE, OR ANY PRIZE-RELATED ACTIVITY. As used herein, the "MLB Entities" shall mean the Office of the Commissioner of Baseball (¡°BOC¡±), its Bureaus, Committees, Subcommittees and Councils, the Major League Baseball Clubs (¡°Clubs¡±), MLB Advanced Media, L.P., Major League Baseball Properties, Inc., The MLB Network, LLC, each of their 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.
*DISCLAIMER: Released Parties are not responsible for any errors which may occur in connection with the administration of the Raffle, the processing of entries, or the Website Posting, any other announcements or electronic, telephone, or in-person conversations relating to the Raffle or in any Raffle-related materials. The Sponsor reserves the right, in its sole discretion, to terminate, modify, or suspend any Raffles should Sponsor determine, in its sole discretion, that any virus, bug, non-authorized human intervention or other causes beyond its control have corrupted or affected the administration, security, fairness or proper conduct of the Raffle. In such case, the Sponsor will select the Winning Number from all eligible entries received prior to the aforesaid action taken by the Sponsor. Released Parties are not responsible for, and Sponsor reserves the right to correct, typographical, clerical or printing errors in any Raffle-related materials, including these Official Rules. Released Parties are not responsible or liable for any events beyond the control of Sponsor which may cause the Raffle to be stopped, including but not limited to any error, omission, interruption, deletion, defect, delay in operation or transmission, theft or destruction or unauthorized access to, or alteration of, entries, nor are the Released Parties responsible for any failure of any Ticket to be delivered on account of technical problems or human error, or any combination thereof. Sponsor may exclude, disqualify or terminate participation in the Raffle to any entrant who, in Sponsor's sole discretion: (a) ignores these Official Rules; (b) acts in a manner Sponsor determines to be not fair; (c) acts with an intent to annoy, threaten or harass any other entrant or the Sponsor; (d) acts in any other disruptive manner; or (e) tampers with the entry process. The Winning Ticket is the only valid receipt for claiming the Grand Prize. Sponsor will not replace any lost, mutilated, or stolen Tickets. Sponsor is not responsible for lost or stolen Tickets or Tickets redeemed in error by its agents. Sponsor reserves the right to make changes in the rules of the Raffle, which changes will become effective upon publication of revised Official Rules on the Website.
CAUTION: ANY ACT OR ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR APP ASSOCIATED WITH THE RAFFLE OR UNDERMINE THE LEGITIMATE OPERATION OF ANY RAFFLE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR AND THE MLB ENTITIES RESERVE THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS¡¯ FEES) FROM ANY INDIVIDUAL(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
CHOICE OF LAW AND JURISDICTION: Except where prohibited by law, all issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of entrants, the potential winners and Sponsor in connection with any Raffle, shall be governed by, and construed in accordance with, the laws of the State of Florida, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Florida or any other jurisdiction) that might otherwise cause the application of the laws of any jurisdiction other than the State of Florida. Any action seeking legal or equitable relief arising out of or relating to any Raffle or these Official Rules shall be brought only in the courts of the State of Florida located in Miami-Dade County.
WINNER'S IDENTITY: For the name of the Raffle Winner of any of the Raffles, send a self-addressed stamped envelope to Miami Marlins Foundation, Inc., Attn: 50/50 Raffle, loanDepot park, 501 Marlins Way, Miami, Florida 33125 and identify the Entry Period for which the name of the Raffle Winner is to be provided.
SPONSOR: The Sponsor of the Raffle is the Miami Marlins Foundation, Inc., loanDepot park, 501 Marlins Way, Miami, Florida 33125.
MIAMI MARLINS FOUNDATION, INC. IS REGISTERED WITH THE STATE OF FLORIDA UNDER THE SOLICITATION OF CONTRIBUTIONS ACT. REGISTRATION NO. CH59897. A COPY OF SPONSOR'S OFFICIAL REGISTRATION AND FINANCIAL INFORMATION MAY BE OBTAINED FROM THE DIVISION OF CONSUMER SERVICES BY CALLING TOLL-FREE WITHIN THE STATE 1-800-HELP-FLA (435-7352). REGISTRATION DOES NOT IMPLY ENDORSEMENT, APPROVAL, OR RECOMMENDATION BY THE STATE.
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