Terms and Conditions
WARNING: You must be 18 years of age or older at the time you place your order to enter this raffle. I have read the Official Rules of the “2019 New England Pats Tailgate Raffle – Benefiting The Peabody Education Foundation”, (the “Raffle”). I understand that the Raffle is being conducted by The Peabody Education Foundation and that by selecting “Checkout” and typing my electronic signature (which is equivalent to my written signature) on the following page that I am (a) affixing my electronic signature to this Order Form (b) certifying that I have read and agree to the Official Rules of this Raffle, and (c) upon acceptance of my order, my electronic signature will also be electronically affixed to my Raffle Tickets as may be required in certain circumstances by the Commonwealth of Massachusetts.
OFFICIAL RULES The following are the official rules (“Official Rules”) of The Peabody Education Foundation (“PEF”) raffle (the “Raffle”) on The Peabody Education Foundation website, to which these Official Rules are linked, and for which you are ordering tickets.
A. General Rules:
- Eligibility: Eligible individuals who are at least eighteen (18) years of age at the time of entry may purchase raffle tickets for this Raffle. In addition, anyone deemed by PEF, in its sole discretion, to be in the position to create even a perception of having an undue influence on the results of the Raffle, whether or not any such undue influence actually exists, is not eligible to participate and win. This Raffle is subject to all applicable federal, state and local laws, rules and regulations and is void where prohibited or restricted by law, rule or regulation.
- Conduct of Raffle: The entrant acknowledges and agrees: (a) that this Raffle is being conducted exclusively by PEF in the Commonwealth of Massachusetts, and (b) that any donation of prizes, or efforts to advertise the Raffle is done so on a voluntary basis and does not in any way, and cannot be construed in any way to, suggest that any group other than PEF is conducting this Raffle.
- Odds of Winning: The odds of winning the Prize depends upon the total number of raffle tickets sold. The total number of tickets that will be sold for this Raffle are 250.
- Taxes: The Internal Revenue Service takes the position that no portion of the ticket price will qualify as a charitable contribution for income tax purposes. Moreover, the Internal Revenue Service and the Massachusetts Department of Revenue, the jurisdiction in which this Raffle is being conducted, treats the value of prizes won in a raffle as ordinary income for tax purposes . Unless otherwise stipulated on the Official Raffle Page, to mitigate these expenses, the Raffle provides a cash prize, paid directly to the Internal Revenue Service, and to the Commonwealth of Massachusetts, that is sufficient to cover the approximate withholding requirements of the Internal Revenue Service and the Commonwealth of Massachusetts; such that the winner is not required to remit any funds to PEF to claim his/her prize. However, this cash prize is only meant to mitigate the winner’s tax liability and the winner, depending on his/her personal circumstances, may or may not be required to pay additional taxes to the Internal Revenue Service and/or the Commonwealth of Massachusetts. Any additional taxes that may be due are the sole responsibility of the winner. Please consult with your tax advisor to determine what your personal tax liability would be should you win the Raffle.
- Electronic Signature & Digital Tickets: Entrant acknowledges that he/she has read the Official Rules of this Raffle, and agrees that by submitting the order form to PEF, he/she will be contractually bound by the Official Rules of this Raffle upon acceptance of the entrant’s order by PEF. Furthermore, the entrant also acknowledges and agrees that by clicking the “I Agree” box on the order form and by entering his/her electronic signature on the order form and submitting the order form to PEF, that the entrant will have affixed his/her electronic signature to the order form, certifying that he/she has read the “Official Rules” of this Raffle, and that he/she agrees to be bound by them. Moreover, the Commonwealth of Massachusetts requires that each Raffle ticket purchased be signed by the purchaser and the person selling the ticket. The entrant hereby acknowledges and agrees, that upon acceptance of the entrant’s order, and issuance of his/her tickets, that the electronic signature provided with the order form will also be affixed as the entrant’s electronic signature to the tickets purchased by the entrant. The entrant also acknowledges and agrees that all Raffle tickets issued pursuant to this Raffle will be digital tickets (“Digital Tickets”), and that no paper tickets will be issued. Each Digital Ticket issued shall have the electronic signature of the President of PEF affixed to it, at the time such Digital Ticket is issued.
- Ticket Order Processing: Entrant acknowledges and agrees to the following: (a) that by submitting his/her order, the entrant is making an offer to purchase Raffle tickets from PEF; (b) that PEF’s receipt of the entrant’s order does not constitute PEF’s acceptance of the entrant’s order; (c) that upon PEF’s receipt of the entrant’s order, PEF will send the entrant’s credit card information, via a secure router, to the entrant’s credit card provider, or a secure third party that provides verification services for the credit card provider, and await confirmation that the transaction has been authorized by the entrant’s credit card provider; (d) that upon receipt of a credit authorization code, PEF will accept the entrant’s order, at which time the entrant and PEF will be contractually bound by the Official Rules of this Raffle and PEF will have received payment for the entrant’s order; (e) that PEF will then issue Digital Tickets in the name of the entrant; and, (f) PEF will issue the entrant an electronic receipt for his or her purchase that will provide reference numbers, which are not the Digital Ticket numbers, but rather a unique number formulated for each unique Digital Ticket number issued to the entrant. Moreover, once the entrant’s order has been accepted by PEF, it cannot be cancelled by the entrant. The entrant hereby acknowledges and agrees that all sales are final and that no refunds or exchanges will be issued.
- Selection of Winner: A Potential winner shall be selected on the Drawing Date, as specified by the Official Rules, which may be extended as permitted by the Official Rules. The winner will be selected by a representative of PEF to select a random winner from all of the Digital Tickets issued for the raffle. Each Digital Ticket has an equal chance of winning. The entrant does not need to be present at the drawing to win. PEF will notify the potential winner, who will be announced as the winner of the Raffle subject to verification of eligibility and compliance with the terms of these Official Rules.
- Qualification of Winner: Potential winner will be required to execute and return an Affidavit of Eligibility, Liability Release, Internal Revenue Service form W-9 (W-8BEN for non-US residents), and a Publicity Release, within two (2) days of date of issuance of notification. Non-compliance with any of the foregoing or these Official Rules, the inability to contact the potential winner within a reasonable time period, failure to return such documents within the specified time period, or the return of a prize or prize items, or a prize notification as undeliverable may result in disqualification and, time permitting, awarding of prize items to an alternate potential winner, at PEF’s sole discretion, to be randomly selected from among all remaining eligible Digital Tickets.
- Claiming Your Prize: Once the winner is qualified, PEF, at no additional charge, will coordinate the process of claiming prize items and the delivery of prize items to the winner. In the event the prize items include a presentation ceremony and/or attendance at a game, event, or exhibition, where one or more of the prize items will be presented, the winner may choose to decline attendance at the presentation ceremony, and/or forfeit any tickets to the game, event, or exhibition, in which case, any remaining prizes items that can be delivered to the winner will be delivered to winner at no additional charge to the winner. Any decision by the winner to decline attendance at the presentation ceremony, and/or forfeit of any tickets to any game, event, or exhibition, or any other prize items, must be in writing and in a form acceptable to PEF, and must be received by PEF prior to delivery of the remaining prize items (if any). Any and all prize items forfeited are forever gone and may not be transferred to another party or claimed at later date. All tickets and other prize items are on an “if used” basis and will be forfeited, with no compensation to the winner, if they are not used by the winner.
- Prize Transfer Restrictions: Winner may not give, sell, transfer, assign, or substitute, or redeem for cash, any of the prize items without the prior express written consent of PEF.
- Winners Release: Entrant agrees that if he or she is selected as the potential winner, regardless of whether or not he/she is qualified as the winner, that PEF, and each of its designees, (a) shall have the right and permission to use (unless prohibited by law) entrant’s name, voice, address (city and state of residence), photograph and/or other likeness for advertising, promotional and/or trade and/or any other purpose in any and all media or format now known or hereafter devised throughout the world, in perpetuity, without limitation and without further compensation, consideration, permission or notification to entrants or any third parties; and (b) shall have no liability and will be held harmless for any liability, loss, injury or damage, including, without limitation, personal injury, death or damage to personal or real property, to entrant or any other person or entity due in whole or in part, directly or indirectly, by reason of the acceptance, possession, use or misuse of any prize (including any travel or activity related thereto) and/or PEF will not be responsible for weather conditions, Acts of God, acts of terrorism, civil disturbances, work stoppage or any other natural or man-made disaster outside their control that may cause the cancellation or postponement of any game(s), event(s), or exhibition(s), or travel and/or lodging provisions, if applicable, or the inability of PEF to deliver any or all of the prize items.
- Additional Documentation and Releases: The entrant acknowledges and agrees that in addition to any and all documents required by PEF to qualify the entrant as the winner, and for the winner to claim his/her prize items, prize sponsors, and/or other prize providers, may also require that additional waivers and releases be executed by the winner and the his/her guest(s) (if any), prior to providing prize items. In the event that any additional documentation is required, the winner and his/her guest(s) (if any) must complete any and all necessary documents, the necessity of which is at the sole discretion of PEF, the earlier of, in time to utilize any prize items that are scheduled events or within 2 days following notification, as determined by PEF. These documents may include, but are not limited to, any and all documents necessary to complete a CORI, or other background check. Failure to comply with any of these requirements may result in disqualification and the selection of an alternate winner if time permits. Moreover, winner and his/her guest(s) (if any) agree to comply with the terms and conditions specified upon any game, event or exhibition ticket, airline or other travel provider’s tickets, or any other ticket issued to the winner and his/her guest(s) (if any) in conjunction with this Raffle. The winner and his/her guest(s) (if any) also agree to comply with the rules and regulations of any and all stadiums or other public or private venues, including any lodging facility(s), that they attend as a result of winning the Raffle and to not act in an unsportsmanlike or disruptive manner, or with any intent to annoy, abuse, threaten or harass any other person, including employees, at any such game(s), event(s), exhibition(s), or lodging facility(s). PEF, and the applicable management of any such stadium, venue, or lodging facility, reserve the right to remove or to deny entry to the winner and/or any guest(s) (if any) who act(s) in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person, including employees, at any game(s), event(s) or exhibition(s) or lodging facility(s) (and no additional compensation or substitution will be awarded to the winner).
- Travel & Lodging Restrictions: If any Prize includes air transportation, PEF, in its sole discretion, reserves the right to provide ground transportation in lieu of air transportation if the winner and/or his/her guests reside within one-hundred (100) miles of the city in which a game, event, or exhibition included in such Prize will be held (and no additional compensation or substitution will be awarded for any difference in prize value). Moreover, if the Prize includes travel and/or accommodations, the winner and his/her guest(s) (if any), must depart and return on the dates and times specified by PEF and winner and guest(s) (if any) must arrive and depart from any lodging facility on the dates and times specified by PEF (dates and times of departure and return, and accommodations, are subject to change). Winner and guest(s) (if any) must possess all required travel documents (e.g. valid photo ID, passport, visa, etc.) prior to departure. Airline ticket(s), travel allowances, and/or any other transportation provided for in the Prize (if applicable) are provided to the winner and their guest(s) (if any) on an if-needed, if-used basis, and no additional compensation or substitution will be awarded for difference in prize value if any such travel related prize item is not needed or used. The entrant acknowledges and agrees that flight dates, times and availability are beyond the control of PEF and the Released Parties. The terms and conditions (as determined by the applicable airline) of airline tickets (if any) awarded as part of the Prize will govern in the event a flight does not occur due to weather, an Act of God, an act of terrorism, civil disturbance or for any other reason. The winner and his/her guest(s) (if any) agree to comply with all airline regulations at all times. Released Parties will not be responsible for Acts of God, acts of terrorism, civil disturbances, work stoppage or any other natural disaster outside their control that may cause the cancellation or postponement of any scheduled flight. All travel and accommodations details (if any) will be determined by PEF at its sole discretion.
- Alternate Prizes: PEF reserves the right to substitute prizes for other prizes, of equal or greater value, the relative value of such prizes being determined by PEF in its sole discretion. Moreover, the entrant acknowledges and agrees that the Prize contains certain prize items that cannot be duplicated or replaced. Therefore, the entrant agrees that should, for whatever reason, and either before or after the Entry Deadline or the Drawing Date, all or part of the Prize becomes, at the sole discretion of PEF, unavailable or withdrawn, and substitute prizes cannot be found, that PEF may, in its sole discretion, replace the Prize in whole or in part with a cash prize equal to, if in whole, the Fair Market Value, as defined in the Official Rules, of the Prize or, if in part, the Fair Market Value, as determined by PEF, in its sole discretion, of the part of the Prize that PEF, in its sole discretion, has determined to be unavailable.
- Disqualified Winner: If PEF, in its sole determination, disqualifies a winner, the winner will not be entitled to any refund of any kind. If the winner is disqualified for any reason, an alternate winner will be selected from the remaining Digital Tickets until such time as a qualified winner has been selected. Once a qualified winner has been selected, if PEF, in its sole determination, determines that that there is not enough time for the winner to claim and receive all, or some, of the prize items, PEF may, in its sole discretion, replace all or a portion of the prize items with other prize items of similar or greater value, or with a cash payment. In no event, will any such cash payment exceed the Fair Market Value of the prize package.
- Administration of Raffle: The entrant acknowledges and agrees that decisions made by PEF will be final and binding on all matters relating to this Raffle. PEF reserves the right, in its sole discretion, to modify, terminate or suspend this Raffle (or any portion thereof) should virus, bugs, unauthorized human intervention or other causes corrupt or impair the administration, security, fairness or proper play of the Raffle (or any portion thereof) and, in the event of termination, at its sole discretion, select a winner from those eligible, non-suspect Digital Tickets issued prior to event requiring such termination. PEF reserves the right, in its sole discretion, to disqualify any person and void all associated orders and Digital Tickets of any person, without any reimbursement of any kind to any such person, who it believes has tampered with the order process, or any other component of this Raffle whose conductor actions affect the administration, integrity, security, fairness or proper conduct of this Raffle, or who is in violation of these Official Rules.CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS RAFFLE IN ANY WAY, OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS RAFFLE, MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, PEF AND/OR THEIR RESPECTIVE AGENTS WILL DISQUALIFY ANY SUCH ENTRANT AND RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND/OR OTHER REMEDIES FROM ANY SUCH PERSON OR PERSONS RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMISSIBLE BY LAW. In the event a winner is not selected and PEF cancels the Raffle because of any of the foregoing reasons, PEF, in its sole discretion, may refund the entrants their money for their raffle ticket purchases, or if PEF, in its sole discretion, determines such refunds to be impossible, or too expensive to process, PEF may then announce, such announcement being fulfilled by posting any such announcement on the PEF website, that the Raffle is null and void and that any and all ticket purchases for this Raffle have been reclassified as donations to PEF, which will, in accordance to the agreement(s) between PEF and the charity(s), be donated to the charity(s) named as beneficiary(s) of the Raffle. If PEF declares that any such raffle ticket purchases are now donations, they will then become tax deductible, as charitable contributions, to the fullest extent allowed by law.
- Arbitration: As a condition of participating in this Raffle, entrant agrees that (a) any and all disputes 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 final and binding arbitration under the rules of the American Arbitration Association before an arbitrator appointed by the Boston, Massachusetts office of the American Arbitration Association. Such arbitration shall be held and conducted in Boston, Massachusetts, and the costs of any such arbitration shall be shared equally by both parties. However, notwithstanding the foregoing, each party shall bear its own costs of representation. The arbitrator shall have the authority to interpret these Official Rules in accordance with the laws of the Commonwealth of Massachusetts and to enter his decision. Moreover, in no event shall the arbitrator have any authority to consider issues or allegations under M.G.L. c.93A, such claims being deemed waived by entrant. Furthermore, pursuant to the provisions of M.G.L. c.251 §11, either party may apply to the Superior Court of Massachusetts to confirm the arbitrator’s decision and enter a judgment in favor of the prevailing party. Under no circumstances will the entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than participant’s actual out-of-pocket expenses (i.e., costs associated with ordering and purchasing the entrant’s Raffle tickets), and entrant waives all rights to have damages multiplied or increased. In the event that the entrant prevails in any such arbitration, his/her damages shall be limited to the actual amount that he/she paid for the tickets he/she purchased for the Raffle.
- Jurisdiction: The entrant acknowledges and agrees that this Raffle is being conducted exclusively in the Commonwealth of Massachusetts and that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant, PEF, and the Released Parties, in connection with the Raffle, shall be governed by, and construed in accordance with, the substantive laws of the Commonwealth of Massachusetts, USA.
B. Raffle Specific Rules:
- Location: This Raffle is being held pursuant to a raffle permit issued by Peabody, Massachusetts. Moreover, the Raffle is being conducted in accordance with the laws of the Commonwealth of Massachusetts. The entrant and PEF hereby agree and confirm that all the elements of the contract created by and between these parties by these Official Rules and each party’s obligations pursuant to this contract, have been formed and will be fulfilled and discharged solely within the jurisdiction of the Commonwealth of Massachusetts. This Agreement is governed by, and shall be construed in accordance with, the laws of the Commonwealth of Massachusetts.
- Ticket Prices: Tickets are $100.00 each with a minimum purchase of 1 ticket required.
- Winner Notification: The winner will be selected on December 2nd, 2019 in Peabody, Massachusetts, and the entrant does not need to be present to win. The winner will be notified by The Peabody Education Foundation. The winner’s name and the winning ticket reference number will be posted on PEF’s website and facebook page on or about the 12/2/19, unless otherwise specified on the Official Raffle Page.
- Official Raffle Page: The Official Raffle Page is defined as the page from which you begin the ordering process for Raffle tickets. The Official Raffle Page is incorporated into these Official Rules as follows:
- a. Prize: The prize package(s) for the Raffle are described on the Main Raffle Page, subject to any restrictions referenced there or in these Official Rules.
- b. Fair Market Value: The Fair Market Value of the Prize is as referenced on the Official Raffle Page.
- c. Entry Deadline: The Entry Deadline for the Raffle is as referenced on the Official Raffle Page. However, PEF, at its sole discretion, may, without any notice, penalty, or offer of a refund, and as often as PEF, in its sole discretion, determines to be necessary, extend the Entry Deadline by up to thirty days from the original time and date of the original Entry Deadline by changing the Entry Deadline on the Main Raffle Page to reflect the new Entry Deadline.
- d. Drawing Date: The Drawing Date for the Raffle is as referenced on the Official Raffle Page and the time shall be determined by PEF. However, PEF, at its sole discretion, may, without any notice, penalty, or offer of a refund, and as often as PEF, in its sole discretion, determines it to be necessary, extend the Drawing Date by up to thirty days from the original Drawing Date by changing the Drawing Date on the Main Raffle Page to reflect the new Drawing Date.
- e. Net proceeds: The Net Proceeds of the Raffle are defined as the proceeds from the raffle after all third party and prize related expense have been deducted. The Net Proceeds will benefit The Peabody Education Foundation.