Super Bowl XLV Raffle Official Rules
1. OFFICIAL RULES: Entrants expressly agree to be bound by these Official Rules by participating in the VisitDallas.com’s ("Sponsor") Super Bowl XLV Raffle (the "Raffle"). Entrants also expressly agree to be bound by Sponsor’s decisions regarding the Raffle, and all decisions shall be final and binding in all respects including without limitation the interpretation of these Official Rules. Sponsor’s Raffle shall be subject to all restrictions contained herein and all applicable federal, state, and local rules.
2. ELIGIBILITY TO ENTER: The Raffle is only open to legal U.S. residents residing in the forty-eight (48) contiguous United States and the District of Columbia, and at least eighteen (18) years of age or older at the time of entry (“Entrant”). Employees and agents and their immediate family members (parents, children, siblings or spouse, regardless of where they live) or persons living in the same household (whether related or not) of the Sponsor are not eligible to participate. Raffle is void in Puerto Rico, U.S. territories and possessions located outside of the forty-eight (48) contiguous United States and the District of Columbia, and where prohibited or otherwise restricted by law. PROOF OF RESIDENCY AND PROOF OF AGE MUST BE VERIFIABLE THROUGH APPROPRIATE DOCUMENTATION TO BE ELIGIBLE TO WIN. The Sponsor shall be the sole judge of the validity and eligibility of all entries.
3. PRIZE: The Official Winner (defined below), after appropriate verification, shall receive two (2) tickets to Super Bowl XLV (the "Prize"). The face value of the Prize is an estimated $2,500.00. No substitution of the Prize may be made, and Prizes are non-refundable, are not subject to exchange, and may not be exchanged for cash. Official Winners will be responsible for payment of all federal, state, and local taxes and any applicable fees.
4. RAFFLE ENTRY PURCHASE: Eligible entrants may purchase Raffle tickets for fifty dollars ($50.00) each beginning on August 31, 2010. Eligible entrants may begin purchasing Raffle tickets online at 12:01 a.m. Central Standard Time ("CST"). Eligible entrants may continue to purchase tickets until 11:59 p.m. CST on October 31, 2010 (the "Entry Period"). Eligible entrants may purchase Raffle tickets online at www.VisitDallas.com/raffle. Purchasers of entries online must acknowledge their eligibility through an electronic signature, and provide their name, address, telephone number, and e-mail address at the time of purchase. Entries that contain false information, are incomplete, inaccurate or are otherwise forged, defective, or made outside authorized channels, shall be void.
5. DRAWING: Potential Winners will be selected by random drawing of eligible entrants on November 1, 2010 ("Drawing"). Five (5) eligible entries will be chosen during the Drawing ("Potential Winners") with the first name sequentially chosen being eligible to win the Prize, if claimed within five (5) calendar days of the drawing, and the Sponsor verifies their eligibility. If the first Potential Winner does not claim his/her Prize or their eligibility is not verified within the time period specified above, the next name in sequence chosen at the Drawing will become eligible to win the Prize upon claiming the Prize within five (5) calendar days of the previous participants' disqualification and proper verification. This alternate selection process shall continue with the next sequential chosen Potential Winners until the Prize is awarded. In the eventuality that none of the first five (5) Potential Winners claim the Prizes or are eligible to win, a second drawing will be held within thirty (30) calendar days of the Drawing and a second group of five (5) Potential Winners shall be chosen and verified in the same process as outlined above (the "Second Drawing"). The potential winning Raffle ticket will be announced at the Drawing and displayed on www.VisitDallas.com/raffle.
If for any reason this Raffle is not able to be conducted as planned, including, but not limited to reason of infection by computer virus, technical failures, tampering, unauthorized intervention, fraud or any other causes beyond the control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Raffle, then Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Raffle and randomly draw the winners from those eligible entries received up to the cancellation/suspension date.
6. ODDS: Odds of winning are dependent upon the number of eligible official entries received during the Entry Period. If 100,000 Raffle tickets are sold and are eligible, the odds of winning are 1 in 100,000.
7. NOTIFICATION: The potential Prize winner will be notified by telephone and/or certified mail upon completion of the Drawing, subject to verification. Potential Prize winning notifications will not be left on answering machines should winner be notified by telephone. Except where prohibited, each potential Prize winner must sign and return within seven (7) days of receipt, an Affidavit of Eligibility/Liability/Publicity Release Form (“Release”), and an IRS Form W-9 (collectively, the “Required Documents”) in order to claim the Prize. If potential Prize winner fails to return the Required Documents within seven (7) days of receipt, potential Prize winner forfeits the right to the Prize (without compensation of any kind) and another Prize winner will be selected as outlined above. Potential Prize winner’s receipt of the prize will be reported as income to the Internal Revenue Service. In the event it is deemed during the verification process that potential Prize winner does not have a unique, personal and valid social security number for Sponsor to report the tax liability associated with acceptance of the prize, potential Prize winner will be disqualified (without compensation of any kind) and another Prize winner will be selected as outlined above. Valid social security numbers will be determined by IRS requirements.
8. OFFICIAL WINNERS: Sponsor shall have the sole discretion to determine whether each Potential Winner is an official winner of the Prize (an "Official Winner"). The Sponsor’s decision concerning the identity of the Official Winner shall be final and binding. To become an Official Winner: (1) a Potential Winner must be eligible to participate in the Raffle under these Official Rules and must not be in violation of these Official Rules as determined in the Sponsor’s sole judgment; (2) the Potential Winner must contact the Sponsor, or be contacted by the Sponsor, by the deadline specified above under "Drawing"; and (3) the Potential Winner must execute and return to the Sponsor the Required Documents outlined above. If for any reason whatsoever all of the foregoing requirements are not satisfied with respect to a particular Potential Winner, or if the Sponsor is unable for any reason to identify or to contact a Potential Winner, then that potential Winner's Prize will be deemed forfeited and an alternate Potential Winner will be selected as detailed in "Drawing."
The Sponsor shall use the following rules to determine the identity of any Potential Winner and of the Official Winner of the Prize: Sponsor shall conclusively presume that the purchaser of that ticket, as determined by online purchase records, is the lawful owner of that Raffle ticket.
9. PRIZE AWARD: The Prize will be awarded to the Official Winner when it becomes available and at a time, date, and location of the Sponsor’s choosing. The Official Winner shall be solely responsible for all costs associated with his/her transportation and any and all other travel costs associated with attending the presentation of his/her Prize. The Official Winner must accept his/her Prize in person.
10. RELEASE OF LIABILITY: By entering, entrant agrees to release, discharge, hold harmless and indemnify the Sponsor and any and all of its affiliates, parent companies, subsidiaries, directors, officers, governors, employees and agents both past and present against any and all liability, damages, or causes of action (however named and described), with respect to or arising out of either (i) entrants' participation; or (ii) the receipt or use of the Prize awarded in the Raffle.
The Sponsor and any and all of its affiliates, parent companies, subsidiaries, directors, officers, governors, employees and agents accept no responsibility for lost, late, illegible, stolen, misdirected, postage due, mutilated entries, or any entry that fails to be part of the Drawing, for any reason. Nor shall they be liable for; (a) electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction; (b) unauthorized access to or alterations of entry materials; (c) technical, network, telephone equipment, electronic, computer, hardware or software malfunctions; (d) late, lost, misdirected, mutilated, incomplete, illegible or postage due entries; (e) limitations of any kind or inaccurate transmissions of or failure to receive information by Sponsor on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof (if applicable); or (f) any condition caused by events beyond the control of the Sponsor that may cause the Raffle to be disrupted or corrupted.
11. PUBLICITY RELEASE: Winners understand that the Sponsor and any and all of its affiliates, parent companies, subsidiaries, directors, officers, governors, employees and agents shall have the right to use the winner’s voice, name, likeness, and photograph for advertising and promotional purposes without further authorization, compensation, remuneration, or notification.
12. SEVERABILITY: This Raffle is void where prohibited. If any provision of these Official Rules is found invalid or unenforceable to any extent by a court of competent jurisdiction, then the remainder of these Official Rules and their application shall remain enforceable to the fullest extent permitted by law.
13. GOVNERNING LAW AND DISPUTES: The laws of the State of Texas shall govern this Raffle and the Official Rules. Entrants agree that: (i) any and all disputes, claims and causes of action arising out of or connected with this Raffle or any prizes awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Northern District of Texas or the appropriate Texas State Court located in Dallas, Texas; (ii) 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 (iii) under no circumstances will 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and Sponsor in connection with the Raffle, shall be governed by, and construed in accordance with, the laws of the State of Texas, without giving effect to any choice of law or conflict of law rules (whether of the State of Texas or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Texas.
14. OFFICIAL WINNERS LIST: Prize Winner will be posted on the promotion website at www.VisitDallas.com/raffle. Individuals may send a self addressed stamped envelope requesting the names of the winners to VisitDallas.com, Super Bowl XLV Raffle, 325 North St. Paul Street, Suite 700, Dallas, TX 75201.
15. RULE CHANGES: All decisions as to the Official Rules and interpretations are exclusively within the sole discretion of the Sponsor and may be changed from time to time without notice or recourse. The Sponsor reserves the right to cancel or modify contest at any time without notice or recourse.
16. EXPRESS WAIVER AND PRIVACY POLICY: Any person who purchases a raffle ticket for this drawing ("Raffle"), establishes a business relationship with the Sponsor, and any and all of its affiliates, on the basis of this transaction that meets the requirements of any federal, state, or local statute and acknowledges that a Raffle entrant may be contacted by the Sponsor, and any and all of its affiliates, and/or any entity affiliated with them via e-mail, telephone, or mail. This contact may be used to notify you of prizes won, exclusive offers, promotional offers, or change of address information. The Sponsor does not sell, assign, gift, transfer, distribute, or otherwise disseminate a Raffle entrant's name or any personal information without the Raffle entrant's consent.
17. GENERAL: Prize does not include airfare, lodging or any other costs associated with claiming or using the Prize awarded. Prize is non-transferable to any other person including relatives or friends. Sponsor may prohibit an Entrant from participating in the Raffle or winning a prize if, in its sole discretion, it determines that said Entrant is attempting to undermine the legitimate operation of the Raffle by cheating, hacking, deception, or other unfair playing practices or intending to annoy, abuse, threaten or harass any other Entrants, Sponsor, or Raffle Entities. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE RAFFLE MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. A portion of the proceeds from this raffle will be given to the Metro Dallas Homeless Alliance (MDHA), operators of The Bridge, Dallas’ new campus of services that helps the homeless get back on their feet into jobs and housing. All remaining proceeds from this raffle will be used by visitDallas.com, a 501(c)(6) non-profit corporation, solely in fulfillment of the charitable purposes included in its non-profit mission to promote Dallas as the ideal business and pleasure destination to the regional, national and international marketplace, and favorably impact the Dallas economy through conventions and tourism. Entry information becomes property of Sponsor. All federal, state and local regulations apply.
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