Terms and Conditions (9/10/20)
Please read these Terms and Conditions before entering the 50/50 Charity Raffle online at https://www.neworleanssaints.com/community/5050 (the "Raffle"). By purchasing a Raffle ticket, you represent that you meet all of the below-stated requirements and agree to be bound by these Terms and Conditions and by the decisions of the Saints and Pelicans Gulf Coast Renewal ("Charity"), a 501(c)(3) charitable organization, or its representative.
1. OVERVIEW: Raffle tickets will be available for sale up to two (2) hours prior to kickoff of each New Orleans Saints' football game during the 2020 season and will remain available until the conclusion of the third quarter of the applicable game (each, a "Raffle Period"). During the fourth quarter of each game, one (1) Raffle ticket number from the applicable game will be randomly selected and announced via in-game video boards, if fans are present, and posted on NewOrleansSaints.com/community/5050/. The one (1) individual who purchased the applicable Raffle ticket will receive fifty percent (50%) of the gross proceeds from the Raffle ticket sales for the applicable Raffle Period (the "Award"). Administrative fees will be deducted from the remaining Raffle proceeds, and the residual proceeds then provided to the Charity may then also be further distributed to third parties at the sole discretion of the Charity. Each Raffle Period, and all tickets, transactions, participants, purchasers, and award recipients are subject to these Terms and Conditions, and to all applicable laws, rules, and regulations, including but not limited to the rules and regulations set forth by the Louisiana Office of Charitable Gaming, and all other applicable rules and regulations adopted by any regulator and/or enforcement agency having jurisdiction with respect to the activities to which these Terms and Conditions apply.
2. ELIGIBILITY: The Raffle is only open to legal residents of the fifty (50) United States and District of Columbia, who are eighteen (18) years of age or older as of the date of participation in the Raffle, and who are physically present in Louisiana when purchasing a Raffle ticket (each, a "Participant"). Employees, members, and contractors of Charity, New Orleans Louisiana Saints, LLC ("Saints"), New Orleans Pelicans NBA, LLC ("Pelicans"), or each of their respective parent companies, subsidiaries, affiliates, suppliers, distributors, and advertising/promotional agencies, and the immediate families and household members of each of the above, are not eligible to participate or receive an Award. The Raffle is subject to all applicable federal, state, and local laws.
4. RAFFLE DRAWINGS: One (1) Raffle ticket number will be selected in a random drawing from among all eligible Raffle tickets purchased during each Raffle Period. Non-winning Raffle tickets from one Raffle Period will not be eligible or included in any subsequent Raffle Period drawings. The drawings will be held on or about the beginning of the fourth quarter of each applicable Saints football game and the winner will be randomly and automatically selected by Raffle software system, whose decisions are final and binding. The selected Raffle tickets will be announced via in-game video boards, if fans are present, and posted on NewOrleansSaints.com/community/5050/.
5. CLAIMING AN AWARD: To claim an Award, the holder of a randomly selected winning Raffle ticket number (an "Award Claimant") must contact Charity by calling 504-733-0255 and following the instructions provided to present or mail the winning Raffle ticket to Charity within thirty (30) days of the applicable drawing. Each Award Claimant must provide Charity with all information required to claim an Award (including tax identification information). The Award Claimant will receive an Award-Acceptance Affidavit and Release ("Affidavit") which must be executed and returned to Charity prior to receipt of the applicable Award. In the event an Award Claimant: (a) does not notify Charity or claim an Award within thirty (30) days of the applicable Raffle drawing; (b) is ruled ineligible for any reason; (c) refuses the Award; or (d) does not return an executed Affidavit, the Award will be forfeited and will be retained by Charity. Charity has no obligation to contact any potential award recipients. All awards will be delivered via check within thirty (30) days of the Award Claimant delivering the winning Raffle ticket, executed Affidavit, and all other required documents to Charity. For security and safety reasons, no cash payments will be made to any Award Claimants. Unclaimed Awards will be retained by the Charity for its charitable purposes.
6. ODDS: The odds of receiving an Award will be dependent on the total number of Raffle tickets purchased throughout each Raffle Period.
7. TAXES: Each Participant acknowledges that they understand the IRS has taken the position that amounts paid for chance-based raffle tickets, lottery tickets, or similar programs are not gifts and, therefore, the price of a ticket to participate in this Raffle does not qualify as a deductible charitable contribution. The Award recipients will be solely responsible for any and all federal, state, and local taxes, fees, and other government assessments on the dollar amount of award provided to them. Furthermore, each Award recipient acknowledges that federal and state laws require that a tax withholding on certain award values must be collected from award recipients upon award or distribution. Federal and state withholding laws are subject to change without notice. The withholding laws in effect at the time each Award is claimed will be followed.
8. TRANSFER OF RAFFLE TICKET: Persons who purchase a Raffle ticket may opt to give away or transfer their Raffle ticket to other eligible persons free of charge, but in doing so the purchaser of the applicable Raffle ticket(s) waives any claim they might otherwise have to any potential Award. A purchaser of any Raffle tickets may not re-sell their Raffle ticket to other parties, and may not give their Raffle ticket away to others for the purpose of allowing those other parties to re-sell such Raffle ticket. Any Raffle ticket which has been resold shall be void. All individuals who re-sell, purchase, or receive a Raffle ticket in violation of these Terms and Conditions shall be ineligible to participate in the Raffle or receive an Award.
9. PARTICIPANT'S GRANT OF LICENSE: By participating in the Raffle or accepting an Award, each Participant hereby irrevocably and perpetually grants to the Charity, 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 an Award (collectively, the "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 Charity'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.
10. RELEASE OF LIABILITY AND INDEMNITY: By participating in the Raffle, Participant and Award Claimant, both on each of their own behalf and on behalf of each of their spouse, assigns, guardians, administrators, executors, and legal representatives hereby releases, waives, discharges, covenants not to sue, and indemnifies the Charity, the Saints, the owners and lessors of the property used for the Raffle, and the NFL Entities (as defined below), together with all of their past, present or future predecessors, successors, assigns, parent companies, subsidiaries, affiliates, related entities and persons, owners, shareholders, members, partners, trustees, elected officials, directors, managers, employees, servants, principals, agents, consultants, contractors, representatives, sponsors, and insurers from any claim or loss arising out of or related to the Participant's participation in the Raffle, acceptance of the Award, or any exercise by the Charity of any of its rights set forth herein or the Terms and Conditions of the Raffle, including, but not limited to, any claims related to (i) any injury to the Participant (including death) or damage to the Participant's property that occurs in connection with participation in the Raffle, receiving the Award or any related activities, (ii) any failure to report and pay any income taxes arising from acceptance of the Award, and (iii) the Participant's acts or the acts of any other party with respect to the Participant's receipt of the Award, or participation in the Raffle, regardless of whether any such claims are caused in whole or in part by the negligence of any entity or person released hereunder.
11. DISPUTES AND GOVERNING LAW: The Raffle shall be governed by the laws of the State of Louisiana without giving effect to any choice of law or conflict of law rule of any jurisdiction. Any claims regarding the Raffle that are not released, must be brought in the State or Federal Courts in New Orleans, Louisiana, and Participant hereby consents to the personal jurisdiction of such courts for purposes of any such action. The Raffle is void outside the state of Louisiana and where prohibited by law. Each Participant agrees that: (i) any and all disputes, claims, and causes of action not waived arising out of or in connection with the Raffle, or any award provided, shall be resolved individually, without resorting to any form of class action; (ii) 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 (iii) under no circumstances will Participant be permitted to obtain awards for, and Participant 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 CHARITY OR ANY RELATED ENTITY BE LIABLE TO FOR DAMAGES THAT EXCEED THE VALUE OF THE AWARD AWARDED TO ANY INDIVIDUAL PARTICIPANT IN THE RAFFLE.
12. DISQUALIFICATION; CHANGES: Charity reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the Raffle ticketing process or the operation of the Raffle, sells or auctions their Raffle ticket, purchases a Raffle ticket from an unauthorized party, violates these Terms and Conditions, or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. The Charity reserves the right to, at its sole discretion, cancel, suspend and/or modify the Raffle or these Terms and Conditions or disqualify any individual or 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. CAUTION: ANY ATTEMPT BY A PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE RAFFLE IS A VIOLATION THESE TERMS AND CONDITIONS AND OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, CHARITY RESERVES THE RIGHT TO SEEK ANY AND ALL REMEDIES AVAILABLE FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
13. CHARITY; AWARD RECIPIENT'S LIST:The Raffle is being conducted by the Saints and Pelicans Gulf Coast Renewal, a 501(c)(3) charitable organization, and the address of its headquarters is 5800 Airline Dr., Metairie, LA 70003. You may obtain a list of the winning Raffle ticket numbers by sending a request (identifying the "50/50 Charity Raffle") to the above address, together with a stamped, self-addressed #10 envelope enclosed. The winning raffle ticket numbers also will be posted by the Charity at the web page: https://www.neworleanssaints.com/community/5050.
14. The National Football League, its member professional football clubs, NFL Ventures, Inc., NFL Ventures, L.P., NFL Properties LLC, NFL Enterprises LLC and each of their respective subsidiaries, affiliates, shareholders, officers, directors, agents, representatives and employees (collectively, the "NFL Entities") will have no liability or responsibility for any claim arising in connection with participation in this Raffle or the prize awarded. The NFL Entities have not offered or sponsored this Raffle in any way.