LITERALLY LITERACY FOUNDATION / 2020 SPRING OFFICIAL RAFFLE RULES
The Literally Literacy Foundation / 2020 Spring Raffle (the “Raffle”) Official Rules (the “Official Rules”) govern the operation of the Raffle. By purchasing a Raffle ticket, you agree to be bound by these Official Rules and the decisions of Literally Literacy Foundation (“Sponsor”), which shall be final and binding in all respects.
The Raffle is open only to individuals who are legal residents and physically located in one (1) of the fifty (50) states in the United States or the District of Columbia and who are at least thirteen (13) years of age or older at the time of entry. Employees, officers and directors of Sponsor (the “Raffle Entities”), and each of such employees’, officers’ and directors’ immediate family members and/or those living in the same household (whether legally related or not) of each are not eligible to enter the Raffle or win the Grand Prize (defined below). For purposes of this Raffle, immediate family members are defined as spouse, partner, parents, legal guardians, in-laws, grandparents, siblings, children and grandchildren and those living in the same household shall mean people who share the same residence at least three (3) months a year, whether legally related or not. The Raffle is void where prohibited by law.
The net proceeds of this Raffle will be used to support Sponsor, which is a 501(c)3 non-profit charitable organization, and has been in operation for at least one (1) year.
The Raffle begins on or about 3:00 p.m. Pacific Time (“PT”) on February 18, 2020 and all entries must be received by the Sponsor on or before 7:30 p.m. PT on February 26, 2020 (the “Entry Period”).
ENTRY / RAFFLE TICKET PURCHASES
In order to purchase Raffle tickets, during the Entry Period, purchase a Raffle ticket from the Sponsor website, Tickets are sold for $3.00 each individual Raffle ticket and you may purchase five (5) Raffle tickets for $5.00, if you purchase five (5) tickets at one time. A sponsor shirt may also be purchased to receive thirty (30) raffle tickets. There is no limit on the number of Raffle tickets you may purchase. There is no maximum on the number of Raffle tickets that will be sold by Sponsor. The odds of winning will depend on the total number of entries received. Sponsor shall report any prize winnings to the named ticket holder. Sponsor is entitled to rely conclusively on all communications of the first named ticket holder as to all prize election and all other matters related to the Raffle, regardless of the number of named ticket holders on any Raffle ticket. Tickets may not be changed, sold or transferred by the purchasing party or anyone else. The IRS has taken the position that amounts paid for chances in raffles, lotteries, or similar drawings for valuable prizes are not gifts, and consequently do not qualify as deductible charitable contributions. Please see your tax advisor for any questions regarding the deductibility of any donations to Sponsor.
All Raffle ticket sales are final. No payments or purchases will be refunded, including, without limitation, payments received from ineligible individuals, except in Sponsor’s sole and absolute discretion.
There will be one (1) winner selected in this Raffle. The potential winner will be selected through one (1) random drawing that will take place on or about Friday, February 28, 2020. One (1) winner will be selected from all eligible entries received in accordance with these Official Rules. You need not be present to win. Sponsor will have complete discretion over interpretation of the Official Rules, of administration of the Raffle, and of selection of the winner. Decisions of the Sponsor as to the selection of the winner will be final. The potential winner will be notified using the information provided during entry by any of email and/or telephone and/or email (as selected by Sponsor) in a commercially reasonable time after the drawing. The Raffle Entities are not responsible for false, incorrect, changed, or incomplete contact information. Notification is deemed to have occurred immediately upon sending of an email, placing of a phone call, one (1) day after sending via a delivery service. The Raffle Entities are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s email account to receive email messages.
If the prize or prize notification is returned as rejected, faulty, unclaimed or returned as undeliverable to potential prize winner, such potential prize winner may be disqualified and an alternate may be selected. Non-compliance shall result in disqualification and award of the prize to an alternate winner. Parents or legal guardians of any prize winner under the age of majority in his or her state of residence (which is eighteen (18) in most states but is nineteen (19) in Alabama and Nebraska and twenty-one (21) in Mississippi) may be required to also sign the Affidavit in order for the prize winner to be qualified to receive his or her prize. If the potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules, or if the potential prize winner cannot attend or participate in any portion of the prize, or declines a prize for any reason prior to award, such potential winner may be disqualified and an alternate potential winner may be selected. The Raffle Entities are not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the potential winners, or if potential winner is a minor, for late, lost, misdirected, or unsuccessful efforts of potential winner to provide signed parental or guardian consent.
(1) GRAND PRIZE – The Grand Prize winner of the Raffle will receive the following prize:
One (1) 2020 Stagecoach Festival General Admission ticket (“Grand Prize”). The organizers of the Stagecoach Festival have no connection to this Raffle Contest. Grand Prize winner is responsible for all associated expense of transportation to the Stagecoach Festival and accommodations at the venue. All other costs not specifically stated herein as being awarded are the responsibility of Grand Prize winner. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason.
The Grand Prize is non-transferable, with no cash redemptions, equivalents or substitutions except at Sponsor’s sole and absolute discretion. All prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion. Grand Prize details and availability are subject to change and prize provider’s rules and restrictions, and in the event that Sponsor is unable to provide the winner with his or her prize, the Sponsor may elect to provide the winner with the approximate value of such item in cash or award an alternate prize of comparable or greater value. The prize is awarded “AS IS” and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose).
(2) SECONDARY PRIZE – Two other winners will be drawn to each win a Twenty dollar ($20) Amazon gift card. Amazon has no connection to this Raffle Contest.
Subject to applicable law, the winner irrevocably grants the Raffle Entities, and its and their successors, assigns and sub-licensees, the right and permission to use their name, voice, likeness and/or biographical material for advertising, promotional and/or publicity purposes in connection with the Raffle, in all forms of media and by all manners (now and hereafter known), and on and in connection with related products, services, advertising and promotional materials (now known or hereafter developed), worldwide, in perpetuity, without any obligation, notice or consideration except for the awarding of the prize to the winner.
TAMPERING WITH RAFFLE
The Raffle Entities are not responsible for the actions of entrants in connection with the Raffle, including entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Raffle. Persons found tampering with or abusing any aspect of this Raffle, or whom Sponsor believes to be causing malfunction, error, disruption or damage may be disqualified. Additionally, any attempt to cheat the Raffle, as determined at the sole and absolute discretion of Sponsor, may result in immediate disqualification of the entrant, as well as other possible consequences, including disqualification from any and all existing and future Raffle. ANY ATTEMPT BY A PERSON TO UNDERMINE THE LEGITIMATE OPERATION OF THIS RAFFLE MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ALL LEGAL AND EQUITABLE REMEDIES FROM AND AGAINST ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right, at its sole and absolute discretion, to disqualify (or terminate the prize of) any individual who is found to be, or suspected of, acting in violation of these Official Rules, or to be acting in an unsportsmanlike, obscene, immoral or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person.
SUSPENSION / MODIFICATION / TERMINATION
In the event Sponsor is prevented from continuing with the Raffle by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Raffle by any party, or any federal, state or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence) Sponsor shall have the right to modify, suspend or terminate the Raffle or prize. Sponsor additionally reserves the right, in its sole and absolute discretion: (a) to modify, suspend or terminate the Raffle should causes beyond Sponsor’s control corrupt or interfere with the administration, integrity, operation, security or proper play of the Raffle; or (b) to disqualify any entrant found to be, or suspected of: (i) tampering with the entry process or the operation of the Raffle; (ii) acting in violation of these Official Rules; or (iii) acting in an un-sportsmanlike manner.
WAIVERS, DISCLAIMERS AND RELEASES
By participating in the Raffle, entrant agrees to release, discharge and hold harmless the Raffle Entities and each of their respective directors, officers, employees, agents, successors and assigns (collectively, “Released Parties”) from and against any and all claims, liability, costs, losses, damages or injuries of any kind arising out of or related to entrants’ participation in the Raffle and/or related to any prize (including, without limitation, losses, damages or injuries to entrant’s or any other person’s equipment or other property, or to their persons, related to participation in the Raffle; or arising out of any violation of rights of publicity or privacy, or claims of defamation or portrayal in a false light; or based on any claim of infringement of intellectual property; or from any typographical, human or other error in the printing, offering, selection, operation or announcement of any Raffle activity and/or prize). Without limiting the generality of the foregoing, entrants agree that the Released Parties: (a) have neither made nor will be in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, in connection with the Raffle and/or with respect to prizes, including, without limitation, to any prize’s quality or fitness for a particular purpose; (b) maintain no control over the personnel, equipment or operation of any air, water or surface carrier, ship line, bus or limousine company, transportation company, hotel, manufacturer or other person or entity furnishing services, products or accommodations (“Suppliers”) as a part of the prizes provided in connection with the Raffle; and (c) will not be responsible or liable for any injury, damage, loss, expense, accident, delay, inconvenience or other irregularity that may be caused or contributed to: (i) by the wrongful, negligent or unauthorized act or omission on the part of the Suppliers or any of their agents, servants, employees or independent contractors, (ii) by any defect in or failure of any vehicle, equipment, instrumentality, service or product that is owned, operated, furnished or otherwise used by any of those Suppliers, (iii) by the wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Released Parties, and (iv) by any cause, condition or event whatsoever beyond the control of the Released Parties. Entrants agree and that the Released Parties shall have no responsibility or liability for discontinued prizes; human error; incorrect or inaccurate transcription of registration and/or account information; any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, or Internet service provider utilized by Sponsor; interruption or inability to sell Raffle tickets, or any online service via the Internet due to hardware or software compatibility problems; any damage to participant’s (or any third person’s) computer and/or its contents related to or resulting from any part of the Raffle; any lost/delayed data transmissions, omissions, interruptions, viruses, bugs, defects; and/or any other errors or malfunctions, even if caused by the negligence of the Released Parties. Each entrant further agrees to indemnify and hold harmless the Released Parties from and against any and all liability resulting or arising from the Raffle and to release all rights to bring any claim, action or proceeding against Released Parties and hereby acknowledge that the Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to a prize, including express warranties provided exclusively by a Supplier that may be sent along with a prize. Entrants further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. Entrants acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
ENTRY INFORMATION AND COMMUNICATIONS
As a condition of entering the Raffle, each entrant gives consent for Sponsor to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this Raffle and to comply with applicable laws, regulations and rules. Any information entrant provides to Sponsor may be used to communicate with entrant in relation to this Raffle or on a Raffle winner’s list. If entrants would like to receive additional information from prize providers, they may consent by checking the opt-in box at the time of registration for the Raffle. If the opt-in box is not checked, entrants will not receive additional information from prize providers.
GOVERNING LAW / LIMITATION OF LIABILITY
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor or the Released Parties in connection with the Raffle will be governed by and construed in accordance with the internal laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws.
BY ENTERING THE RAFFLE, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE RAFFLE, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
The parties each agree to finally settle all disputes only through arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in Orange County, California and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Raffle shall be resolved solely by binding arbitration before a sole arbitrator and either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Los Angeles County, CA; provided, however, if none of this location is convenient for the hearing, the parties may mutually agree on an alternative location. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Los Angeles County, California. Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.