OVERVIEW: THE SHARKS FOUNDATION will conduct a 50/50 RAFFLE at all San Jose Sharks home game(s). A 50/50 RAFFLE is a raffle where the prize to the winning ticket holder is one-half (or 50%) of the gross receipts generated from the sale of raffle tickets at a single Sharks game. The remaining one-half (or 50%) of the gross receipts is retained by THE SHARKS FOUNDATION for charitable use, or donated to a charity chosen in THE SHARKS FOUNDATION's sole discretion, to benefit or support its charitable purposes. All SHARKS FOUNDATION 50/50 RAFFLE tickets, transactions, participants, purchasers and winners are subject to these Official Rules, and to all applicable statutes, rules and regulations, including but not limited to the State of California Penal Code and the California Bureau of Gambling Control rules and regulations promulgated thereunder, and all other applicable rules and regulations adopted by any regulatory and/or enforcement agency having jurisdiction with respect to the activities to which these Official Rules apply. Each 50/50 RAFFLE will be operated exclusively by THE SHARKS FOUNDATION, and not by San Jose Sharks, LLC (the "Sharks") or any of the other NHL Entities (as defined below).
TICKET PURCHASE: THE SHARKS FOUNDATION 50/50 RAFFLE fundraisers will be conducted at all Sharks home games at SAP Center at San Jose ("the Venue") throughout the 2017-18 National Hockey League season including the preseason and post-season. THE SHARKS FOUNDATION reserves the right to not conduct a raffle for any particular San Jose Sharks home game. Raffle tickets will be sold from the time the Venue doors open through the end of the second intermission. The winning ticket number will be drawn during the third period, and the winning number and final jackpot total will be posted on the videoboard and the monitors located at the kiosk locations.
Raffle tickets can be purchased at: (i) the 50/50 RAFFLE kiosks located on the Concourse and/or on the Club Level or (ii) from a 50/50 RAFFLE Seller/Team Member (wearing a 50/50 RAFFLE shirt roaming throughout the Venue.
TICKET PRICES: Tickets may be purchased with cash (United States Dollars [$]) or credit or debit card as follows:
Raffle tickets will be sold only in areas where an event ticket is required for admission to view the game. Each ticket is a receipt for the entrant and will reflect the number of entries for that game's raffle purchased in a single transaction. Each ticket will include unique ticket numbers (or raffle draw numbers) for each entry purchased and is not eligible for any past or future 50/50 RAFFLE drawing. Entrants may purchase as many tickets as they wish, subject to availability. All sales are final and no refunds will be made under any circumstance. A raffle ticket is not transferrable or assignable from its purchaser to any other person. Each ticket must be purchased by only one person - people may not "split" or "share" individual tickets. Raffle ticket purchases are not donations and are not tax deductible.
THE SHARKS FOUNDATION is not responsible for printing errors in any raffle-related material or any misdirected, incomplete, lost, late or illegible tickets or other errors or problems that may limit the entrant's ability to participate in or win any 50/50 RAFFLE. False or deceptive entries or acts by the purchaser will render the purchaser ineligible.
THE SHARKS FOUNDATION has the right to suspend the raffle at any time during the scheduled game due to any unforeseen incidents that result in THE SHARKS FOUNDATION being unable to conduct the 50/50 RAFFLE (for example, weather delay, power outage, emergency, or other unforeseeable circumstances). In that case, the raffle ticket sales will terminate and the raffle drawing will be postponed until the unforeseen incident no longer interferes with the conduct of the 50/50 RAFFLE.
ELIGIBILITY: THE SHARKS FOUNDATION 50/50 RAFFLE is open to all ticket holders (except as excluded below) at San Jose Sharks home games who: (i) are eighteen (18) years of age or older as of the date of entry; (ii) are physically present at the Venue to purchase ticket(s), and (iii) provide valid government-issued identification. By purchasing a raffle ticket, the entrant agrees to abide by all terms and conditions of these Official Rules applicable thereto subject to all federal, state, local and municipal laws and regulations. Only one winner per drawing. Some restrictions apply. Void where prohibited or restricted by law.
For the purposes of these Official Rules, Prohibited Entrants shall include: The Sharks Foundation; Sharks Sports & Entertainment LLC and each of its affiliates (including but not limited to San Jose Sharks, LLC and Sharks Minor Holdings, LLC); San Jose Arena Management, LLC; SAP Center at San Jose; Sharks Ice, LLC; Sharks Ice at San Jose; Sharks Ice at Fremont; Oakland Ice Center; any sponsor of the 50/50 RAFFLE; Aramark Corporation, Bump Worldwide Inc., and any other business licensed to operate within SAP Center at San Jose; any eligible recipient organization designated by THE SHARKS FOUNDATION; any registered manufacturer or distributor of raffle-related products or services; and the "NHL Entities" (defined below).
Employees and affiliates (including board members, owners, officers, directors, commissioners, shareholders, and agents) of Prohibited Entrants, are not eligible to participate in the 50/50 RAFFLE or to receive a raffle prize.
RANDOM DRAWING: Every transaction is electronically tallied. The running total value is periodically displayed and updated on the videoboard and/or fascia ring, lower scoreboard ring, intermediate scoreboard ring, digital dasherboards, and/or halo ring and at various locations throughout the Venue. The winning ticket number will be drawn by hand out of the raffle drum that contains every raffle number ticket that has printed throughout the game as the corresponding raffle tickets were sold throughout the Venue. Raffle sales will end at the conclusion of the second intermission and the drawing will happen in or about the third period. Prior to conducting the draw, the prize amount will be determined and publicly announced. The Winner need not be present to claim his/her prize. One (1) winner will be chosen out of the pool of purchased tickets for each game during which a raffle is conducted. The decisions of THE SHARKS FOUNDATION are final and binding on all matters relating to any Raffle.
WINNER NOTIFICATION: The winning ticket number will be posted on the main videoboard monitors and/or the fascia ring, lower scoreboard ring, intermediate scoreboard ring, digital dasherboards, and/or halo ring and announced before the end of the third period, or as soon as practicable thereafter.
The winning ticket number will also be displayed at the 50/50 RAFFLE kiosks on the Concourse Level at SAP Center at San Jose outside of Section 118. Furthermore, you can contact The Sharks Foundation by phone at 408-977-4791 or by email at email@example.com to learn the winning raffle number at the end of the game or soon thereafter. Additionally, the winning number will be posted on www.sjsharks.com/5050 within three (3) business days of the game date.
In the case of a discrepancy between the announced number and the actual number, the actual number drawn will be considered to be the valid winning ticket. THE SHARKS FOUNDATION has no obligation to contact the winning ticket holder directly.
PRIZE: Each prize is cash and the amount depends on the amount of Raffle tickets sold on a particular day. Each winning prize, in the form of a check, shall be paid to each raffle winner within four (4) to six (6) weeks of the claim date via U.S. mail or national courier service once the potential winner has provided all documentation required by THE SHARKS FOUNDATION and by applicable law. Each Raffle winner will receive one half (1/2) of the cash total collected from the sale of raffle tickets by THE SHARKS FOUNDATION on the date for which their winning draw number is selected (the "Prize"). The final Prize amount displayed at the Venue, on the website, and/or the Winner's affidavit may be adjusted based on THE SHARKS FOUNDATION 's final determination of funds actually collected from the sale of raffle tickets, any technical errors involved in the raffle, or other factors impacting the Prize amount. As a result, the Winner's Prize check may be less than the amount announced during the game. Only one Prize check will be given per drawing and a Prize cannot be split into multiple checks. No substitutes for the cash prize will be allowed.
CLAIMING PRIZE: To claim a Prize, Potential Winners should go to the 50/50 RAFFLE kiosk located on the Concourse level by Section 118 or call 408-977-4791. The purchased 50/50 RAFFLE ticket is the only valid receipt for claiming a Prize. The original ticket must be submitted and reflect the winning draw number. A photo copy, photograph, or reproduction of the receipt will not be accepted. A person presenting a winning raffle ticket ("Potential Winner") will be required to submit his/her valid social security number and appropriate identification to THE SHARKS FOUNDATION and will be required to execute and return an Affidavit of Eligibility, a Liability and Publicity Release and all applicable tax forms., and supply any other information requested by THE SHARKS FOUNDATION necessary to determine eligibility and comply with applicable laws.
Upon completion of the corresponding paperwork and verification of eligibility, THE SHARKS FOUNDATION will mail a check in the winning prize amount to the winner within approximately six weeks. If a Potential Winner is unable to appear in person to claim the Prize, with the prior approval of THE SHARKS FOUNDATION, he/she may submit all necessary materials by mail or delivery service. THE SHARKS FOUNDATION reserves the right to require Potential Winners to claim their Prize in person at the Venue.
If a Potential Winner is determined to be ineligible, fails to submit identification, fails to return the required documents to THE SHARKS FOUNDATION within the specified time period, or otherwise fails to comply with these Official Rules as determined by THE SHARKS FOUNDATION in its sole discretion, the Potential Winner will be disqualified, the Prize will be forfeited, and the Prize money will be donated to THE SHARKS FOUNDATION. Potential Winners may also choose to waive their right to receive a Prize at which time the Prize from that drawing will be forfeited and the Prize Money will be donated to THE SHARKS FOUNDATION.
The winner of a raffle prize must present the actual, purchased raffle ticket from the registered event, displaying the winning raffle draw number within 30 days of the event in order to be eligible to redeem the prize. The unclaimed prize will be forfeited and donated to THE SHARKS FOUNDATION or the designated charitable organization for the applicable drawing. All post-season Prize(s), if any, must be claimed within thirty (30) days of the drawing. Any post-season Prize remaining unclaimed after thirty (30) days will be forfeited and donated to THE SHARKS FOUNDATION or the designated charitable organization for the applicable drawing.
THE SHARKS FOUNDATION and the San Jose Sharks are not responsible for any lost or stolen 50/50 RAFFLE tickets.
APPLICABLE LAWS: The 50/50 RAFFLE is governed by California Law through the Department of Justice's Major League Sports Raffle Program. All winners will be subject to any tax withholding requirements established by the Department of the Treasury, the Internal Revenue Service ("IRS") or the State of California Franchise Tax Board ("FTB"). For the 2016-17 season, THE SHARKS FOUNDATION will complete and file IRS form W-2G and FTB Form 592, and withhold federal income tax of 25% and California income tax of 7% from the winner's proceeds in accordance with IRS and FTB guidelines and regulations for prizes at $600 and above for federal income tax withholding purposes, and for prizes at $1,500 and above won by non-California residents for California income tax withholding purposes. Prize winners who are non-resident aliens for tax purposes will be subject to all applicable withholding and reporting requirements. Except as provided herein, each Raffle winner assumes all responsibility for any state, county or Federal taxes, fees or withholdings. Each Winner is advised to consult his/her own tax advisor(s) with respect to the liabilities that may arise from winning a prize in the 50/50 RAFFLE.
SHARKS FOUNDATION REGISTRATION INFORMATION: THE SHARKS FOUNDATION is a recognized by the IRS as a Section 501(c) (3) charitable organization existing under the laws of California and is a distinct legal entity from the San Jose Sharks and San Jose Sharks, LLC. THE SHARKS FOUNDATION is conducting the 50/50 RAFFLE at SAP Center at San Jose with the permission of and limited assistance from the San Jose Sharks, but THE SHARKS FOUNDATION is solely responsible for the operation and conduct of the 50/50 RAFFLES. The official registration of THE SHARKS FOUNDATION may be obtained from the Bureau of Gambling Control in the California Department of Justice. Registration does not imply endorsement. THE SHARKS FOUNDATION's Bureau-issued registration numbers will be listed on each raffle ticket. If you have any questions, please contact the State of California Bureau of Gambling Control at 916-227-3584.
AGREEMENT TO OFFICIAL RULES, BINDING NATURE, RELEASE, INDEMNIFICATION: By purchasing a Raffle ticket, each purchaser fully and unconditionally agrees to and accepts these Official Rules and the decisions of THE SHARKS FOUNDATION, which are final and binding. Furthermore, each purchaser agrees to release, indemnify, defend and hold harmless THE SHARKS FOUNDATION, the San Jose Sharks LLC, the San Jose Sharks, and the other NHL Entities (defined below) and each of their respective shareholders, employees, directors, officers, affiliates, representatives, agents, successors, and assigns (collectively, "Released Parties") against any and all liability claims, actions, losses, damages, lawsuits, costs and expenses (including, without limitation, reasonable attorneys' fees) of any kind whatsoever arising directly or indirectly for injuries (including death), damages or losses to persons and property, which may be sustained in connection with the 50/50 RAFFLE, participation in the 50/50 RAFFLE, receipt or use of any prize, or while preparing for, participating, in, and/or traveling to any prize-related activity.
The "NHL Entities" shall mean the National Hockey League ("NHL"), its member clubs, NHL Enterprises Canada, L.P., NHL Enterprises, L.P., NHL Enterprises B.V., NHL Interactive CyberEnterprises, LLC, the NHL Board of Governors, the NHL Executives, each of their parent, subsidiary, affiliated and related entities, any entity which, now or in the future, controls, is controlled by, or is under common control with the member clubs or the Office of Commissioner and the owners, general and limited partners, shareholders, directors, officers, employees and agents of the foregoing entities.
Released Parties make no warranty, guaranty or representation of any kind concerning any prize and disclaim any implied warranty. Failure to enforce any term of these Official Rules will not constitute a waiver of that provision. All disputes will be resolved, as described below under "Dispute Resolution," under applicable California law in the County of San Jose, State of California, without reference to its conflicts of law principles.
THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR ANY INJURY OR DAMAGE, WHETHER TO ENTRANT OR ANY OTHER PERSON OR TO ANY PROPERTY, RELATED TO OR RESULTING FROM ENTRANT'S PARTICIPATION IN THE 50/50 RAFFLE, AND/OR ACCEPTANCE OF ANY PRIZE OR USE OF THE PRIZE. BY PARTICIPATING IN THE 50/50 RAFFLE, ENTRANT EXPRESSLY ASSUMES ALL LIABILTIY AND RESPONSIBILITY FOR ENTRANT'S PARTICIPATION AND AGREES THAT PARTICIPATION IS SOLELY AT ENTRANT'S OWN RISK.
TAMPERING; LIMITATION OF LIABILITY: THE SHARKS FOUNDATION, in its sole discretion, reserves the right to disqualify any person tampering with the entry process or otherwise in violation of the Official Rules. THE SHARKS FOUNDATION further reserves the right to cancel, terminate or modify the 50/50 RAFFLE for any reason, including, but not limited to if any 50/50 RAFFLE is not capable of completion as planned due to tampering, unauthorized intervention or technical failures of any sort, fraud, acts of God, or any other reason. If for some unforeseen reason (e.g. weather delay, power outage, emergency or other reasonably unforeseen event) the registered event is not completed on the calendar day the registered event's raffles tickets are sold, the selection of the winning raffle ticket from that registered event will be completed, if possible, the first business day when normal operations resume, and notice of the winning draw number will be posted to www.sjsharks.com/5050. THE SHARKS FOUNDATION will not be responsible for typographical, printing or other inadvertent errors in these Official Rules, in the announcement of the winning draw number, announcement of the Prize, printed tickets, or in other materials relating to any 50/50 RAFFLE; or for tickets that are lost, stolen, misdirected, damaged, incomplete, ineligible, or contain other problems that may limit the entrant's ability to participate in or win any Raffle. Any ticket found suspect will be void. False or deceptive entries or acts will render the buyer ineligible.
RELEASED PARTIES MAKE NO WARRANTY, GUARANTY OR REPRESENTATION OF ANY KIND CONCERNING ANY PRIZE AND DISCLAIM ANY IMPLIED WARRANTY.
Failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
DISPUTE RESOLUTION: These Official Rules shall be governed by, construed and interpreted in accordance with the laws of the State of California, applicable to contracts entered into and performed exclusively in that State. As a condition of entering the 50/50 Raffle, each Entrant agrees that any and all disputes, claims, controversies, or causes of action arising out of or relating to this Raffle or any Prize awarded ("Claims") shall be (1) arbitrated on an individual basis only, and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party, and (2) settled by binding arbitration in Santa Clara County, California before a single arbitrator appointed by the American Arbitration Association in accordance with its then governing rules and procedures, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof; and under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, punitive, incidental, consequential or any other damages, other than for actual out-of-pocket expenses.
ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF ANY 50/50 RAFFLE MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE 50/50 RAFFLE. SHOULD SUCH AN ATTEMPT BE MADE, THE SHARKS FOUNDATION RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
A 50/50 RAFFLE entrant's sole and exclusive remedy for any claim against THE SHARKS FOUNDATION arising out of the sale of 50/50 RAFFLE tickets or the conduct of the 50/50 RAFFLE shall be limited to the return of the purchase price paid for his/her 50/50 RAFFLE ticket(s). In no event shall the Released Parties be liable to any party or ticket purchaser for any loss or injury to earnings, profits or goodwill, or for any incidental, special, punitive or consequential damages of any person or entity whether arising in contract, tort or otherwise, even if advised of the possibility of such damages.
PUBLICITY RELEASE: The raffle winner agrees that acceptance of the raffle prize grants to THE SHARKS FOUNDATION and the rest of the Released Parties or their designee the perpetual right to print, publish, broadcast, and use world-wide, in any media now known or later developed at any time or times, the winner's name, portrait, picture, voice, likeness, and biographical information for any purpose, including but not limited to in advertisements, publicity, and other communications without notice, review or approval and without additional compensation, at any time or times, in all media now or hereafter developed, except where prohibited by law.
QUESTIONS: If you have any questions, please contact firstname.lastname@example.org, 408-977-4791, or find information at www.sjsharks.com/5050.
EFFECTIVE DATE OF THE RULES: These Official Rules are effective as of May 30, 2017. THE SHARKS FOUNDATION reserves the right to modify these Official Rules at any time.