Rules of Play
Overview
The Razorback Sports Raffle (“Raffle”) is conducted by the Razorback Foundation Inc. (“RFI”), a Section 501(c)(3) tax-exempt organization and an authorized affiliate of the University of Arkansas located in Fayetteville, Arkansas (“UA”). The Raffle will be administered by the RFI. The Raffle, including all Tickets, transactions, Participants, and Raffle Winners are subject to these Official Rules and Regulations, and to all applicable federal and state laws, rules and regulations, including, but not limited to, the Arkansas Sports Raffle Act, codified at Ark. Code Ann. § 23-120-101, et seq, as well as any rules and regulations adopted pursuant thereto, and all other applicable rules and regulations adopted by any regulatory and/or enforcement agencies in the State of Arkansas having jurisdiction or authority with respect to the Raffle.
Eligibility
A “Participant” is an individual who has purchased a Raffle ticket (“Ticket”) in compliance with all the Official Rules and Regulations. All Participants must be legal residents of the United States who are eighteen (18) years of age or older at the time of entry in order to purchase a Ticket, participate in the Raffle, or claim a prize. The RFI has the right to request valid photo identification from any person who wants to enter the Raffle and have age verification checks in place online and on the app to validate information and eligibility. Raffle is void where prohibited by law, rule or regulation; all federal, state and local laws and regulations apply. RFI and UA Athletic Department employees (including part-time employees) and immediate family members (children and spouse) are not eligible to participate in the Raffle. For a Participant to enter the Raffle, the Participant must be located in the State of Arkansas at the time the Ticket is purchased. Any online purchase or entry is void outside of the State of Arkansas.
All Raffles are held in conjunction with a UA sporting event. Participants do not need a ticket to the sporting event in order to purchase a Ticket.
Raffle Period
The period of time permitted for the sale of Raffle Tickets (“Raffle Period”) will begin and end at a time publicly designated by the RFI in advance of the applicable sporting event. The Raffle Period will close at a time during or after the applicable UA sporting event for that Raffle Period as determined by the RFI in its sole discretion. All Ticket sales are final and must be complete before the end of the respective Raffle Period.
Purchasing Tickets
There will be one (1) Raffle during each Raffle Period. Tickets may be sold in person at venues operated by UA and RFI during pre-determined UA sporting events that fall within the Raffle Period. Tickets will be sold online at RazorbackRaffle.com during the Raffle Period and on the Razorbacks app. To purchase, visit RazorbackRaffle.com, the Razorback Game Day app (https://arkansasrazorbacks.com/gameday-app/) or a designated in-person location at the game during the Raffle Period and follow the directions to participate and purchase a Ticket. All Ticket purchase requests are subject to verification by the RFI, and no sale is final until the Ticket purchase order is accepted by RFI in Arkansas. When purchasing one or more Tickets within the App or through the Website, the End User License Agreement or the terms and conditions governing your interaction with the App or Website, UA Privacy Policy, and any service provider terms and conditions pertaining to Ticket purchases made through the app or website, shall apply in addition to these Official Rules and Regulations. Tickets may be purchased with a credit or debit card with United States Dollars (“USD”) only. Credit card and debit card purchases may not exceed two hundred fifty dollars ($250) per transaction. Each Ticket is a receipt for the Participant and will reflect the number of entries for the Raffle purchased in a single transaction. Each Ticket will include unique Raffle numbers for each entry purchased; Participants may purchase as many Tickets as they wish, subject to availability. Ticket availability is at the sole discretion of the RFI.
Transfer and Resale of Tickets
All sales of Tickets are final and no refunds will be made under any circumstances. A Ticket is not transferable or assignable from its designated Participant to any other person. RFI is not responsible for any lost or stolen Ticket(s). It is the sole responsibility of each Participant to maintain possession of the Ticket(s) purchased.
Prize
The Participant with the winning Ticket as determined by the RFI (“Raffle Winner”) shall be entitled to receive, upon compliance with these Official Rules and Regulations a designated prize amount or division of net proceeds of a Raffle (“Prize”). RFI shall publicly announce the Raffle Prize amount or division of net proceeds from the Raffle prior to the sale of the Raffle Tickets to be held in conjunction with a UA sporting event. For cash prizes, net proceeds shall be the gross proceeds raised during the Raffle Period less any applicable taxes and fees. The Prize is non-transferable and non-assignable to any other person including relatives or friends. No substitution, transfer or otherwise of the Prize is permitted by the Raffle Winner. Any attempt to transfer, assign, or sell the Prize may result in a forfeiture of the Prize, as determined in the RFI’s sole discretion. A Raffle Prize that is unclaimed by a Raffle Winner within one hundred and twenty (120) days of the Raffle shall be retained by RFI and paid to the UA in support of its athletic and educational mission.
Tax Implications
Each Participant acknowledges that the IRS has taken the position that amounts paid for chances to participate in raffles, lotteries, or similar programs are not gifts and, therefore, a Ticket does not qualify as a tax-deductible purchase or charitable contribution. The winner will be subject to any and all tax withholding requirements established by the Internal Revenue Service (“IRS”) and/or the Arkansas Department of Finance and Administration. 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. Participants agree to assume all responsibility for any local, state, or Federal taxes, fees, or withholdings associated with the Raffle and, if the Raffle Winner, the Prize. Participants are advised to consult his/her own tax advisor(s) with respect to the liabilities that may arise from winning a Prize in the Raffle.
Drawing/Odds
Odds of winning are based upon the total number of Raffle tickets purchased during the Raffle Period. After the Raffle Period has closed, subject to any technical, software, or other unanticipated circumstance, at the end of the applicable Raffle Period one (1) eligible Raffle Ticket that was purchased either in person, on the website or on the Razorbacks app will be selected at random and announced (“Drawing”); the holder of that ticket will be the Raffle Winner. The winning Raffle Ticket may be announced at the location of the game, on the website, the app and/or other means at the sole discretion of the RFI. The decisions of RFI are final and binding on all matters relating to the Raffle.
Claiming a Prize
To claim a Prize, the Participant who possesses the Ticket that corresponds with the winning Ticket numbers from the Drawing must contact RFI at raffle@razorbackfoundation.com and present the winning Ticket within one hundred and twenty (120) days of the drawing. A Raffle Prize that is unclaimed by a Raffle Winner within one hundred and twenty (120) days of the Raffle shall be retained by RFI and paid to the UA in support of its athletic and educational mission. Each Raffle Winner must provide RFI with all information required to claim a Prize. The Raffle Winner will receive a Prize-Acceptance Affidavit and Release (“Affidavit”) in the form approved by RFI which must be executed and returned to RFI prior to receipt of the Prize. In the event a Raffle Winner: (a) does not notify RFI within one hundred and twenty (120) days of the Drawing; (b) is ruled ineligible for any reason; (c) refuses the Prize; or (d) does not return an executed Affidavit to the RFI, the Prize will be forfeited and the UA will retain the Prize as a donation. RFI has no obligation to contact Participants or Raffle Winners in connection with the Raffle. All Prizes will be delivered within thirty (30) days of the Raffle Winner delivering the winning Ticket, executed Affidavit, and all other required documents to RFI. For security and safety reasons, no cash payments will be made to any Raffle Winner.
Release/Disclaimer
By entering, each Participant agrees to release, hold harmless and indemnify the RFI, the UA ,and their respective divisions, departments, board members, officials, employees, volunteers, agents and representatives, from and against any and all claims, liability, injury, expenses (including reasonable attorneys’ fees), damage, loss or causes of action (however named or described) that may occur, directly or indirectly, in whole or in part, from: (i) Participant’s participation in the Raffle; (ii) the delivery, mis-delivery or failure to deliver, receipt, acceptance, possession, use or misuse of the Prize awarded in the Raffle; (iii) the use of a Raffle Winner’s name, photograph and/or likeness as permitted herein, including, without limitation, claims based on publicity rights, defamation and/or invasion of privacy; (iv) any claim of violation or infringement of the rights of any third party, and/or (v) any travel or activity related to the receipt, use or misuse of the Prize, including, but not limited to, personal injury, death and/or property damage.
Additionally, RFI is 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 Participant’s e-mail account to receive e-mail messages. RFI is not responsible or liable to any Participant or Raffle Winner or any person claiming through such Participant or Raffle Winner for failure to supply the Prize or any part thereof or inability to continue the Raffle, due to any reason or cause beyond the control of RFI, including without limitation, any act of God, severe weather, cancellation of the underlying UA sporting event, epidemic, pandemic or other public health emergency, any action, regulation, order or request by any governmental entity, quasi-governmental entity or UA’s governing athletic body (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, kidnapping, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute, lockout, work slowdown or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, civil disturbance, insurrection, riot, vandalism, or any other cause beyond the control of the RFI.
The RFI and UA will not be responsible or otherwise liable for any damages or losses of any kind, including direct, indirect, incidental, consequential or punitive damages related to the Raffle, further, the RFI and UA accept no responsibility for any additional expenses, omissions, delays, or re-routing resulting from any acts of any government or authority.
Publicity Release
By participating in the Raffle or accepting a Prize as a Raffle Winner, each Participant hereby irrevocably and perpetually grants to the RFI, and their designees a worldwide license to use, publish, reproduce, create derivative works of, distribute and publicly display any images or likenesses taken or captured of the Participant in connection with their participating in the Raffle or receiving a Prize (“Images”), in any form, media or content which now or hereafter exists, for advertising, promotional or any other commercial purposes as well as non-commercial purposes. Each Participant waives any compensation for any use of such Images. Each Participant hereby releases and waives any claims, demands, damages, losses, liabilities and causes of action arising from the RFI’s, or its designee’s, uses of the Images, including, without limitation, any claims for defamation, libel, invasion of privacy, publicity, personality, or exploitation of the Participant’s name or likeness.
Governing Law
The Raffle shall be governed solely by the laws of the State of Arkansas without giving effect to any choice of law or conflict of law rule of any jurisdiction. Any claims regarding the Raffle must be brought exclusively in the State of Arkansas in Washington County Circuit Court, and each Participant hereby consents to the personal jurisdiction and venue of such courts for purposes of any such action. The Raffle is void outside the United States and where prohibited by law. Each Participant agrees that: (a) any and all disputes, claims, and causes of action not waived 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; (b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Raffle, but in no event attorneys’ fees; and (c) under no circumstances will Participant be permitted to obtain awards for, and Participant hereby waives all rights to claim punitive, exemplary, 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.
Disqualification
RFI reserves the right at its sole discretion to disqualify any Participant or person that (a) tampers or attempts to tamper with the ticketing process or the operation of the Raffle; (b) re-sells their Raffle Ticket; (c) cancels a payment transaction or does not otherwise lawfully pay for a Raffle Ticket; (d) uses or attempts to use a Raffle Ticket or UA’s or RFI’s marks, logos or other intellectual property to fundraise or promote a business, service or product; (e) attempts to counterfeit a Raffle Ticket or otherwise mislead or defraud RFI; (f) violates any of the Official Rules and Regulations or other applicable terms and conditions incorporated hereunder, or (g) acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person at or in relation to a UA sport event. RFI reserves the right to, at its sole discretion, cancel, suspend and/or modify the Raffle or these Official Rules and Regulations or disqualify any individual, Participant, or Raffle Ticket for purposes of protecting the integrity of the Raffle or addressing changes in business operations or other circumstances, to the extent allowed under applicable law. ANY ATTEMPT BY A PARTICIPANT OR ANY OTHER PERSON TO DELIBERATELY DAMAGE ANY WEBSITE, APP OR UNDERMINE THE LEGITIMATE OPERATION OF THE RAFFLE IS A VIOLATION OF THESE OFFICIAL RULES AND OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, RFI RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.