The Cleveland Indians Charities Online 50/50 Raffle (the "Raffle") is a fundraiser conducted during the 2020 MLB Season. By purchasing a ticket for the Raffle ("Raffle Ticket"), each eligible participant (a "Participant") represents that he/she meets all of the below-stated eligibility requirements and agrees to be bound by these Official Rules, all applicable laws, ordinances and regulations, and by the decisions of Cleveland Indians Charities ("CIC"), a 501(c)(3) charitable organization, or its authorized representative.
RAFFLE PERIOD: Raffle Tickets will be sold online (as described below) throughout the period beginning at 12:00 pm ET on September 18, 2020 and concluding at 11:59 pm ET on October 2, 2020 (the “Raffle Period”).
ELIGIBILITY: The Raffle is open only to individuals who are of legal age of majority in their jurisdictions of residence (and at least eighteen (18) years of age) at the time of purchase. Any employees, independent contractors or volunteers of CIC who sell tickets for the Raffle or participate in the administration of the Raffle or any portion thereof are not eligible to enter or win the Raffle. The Raffle is subject to all applicable federal, state and local laws.
ENTRY: Participants may enter the Raffle during the Raffle Period by purchasing Raffle Tickets online at www.indians.com/community/raffle while located in the Raffle Area (defined below). Raffle tickets may be purchased in any of the following amounts:
- Ten (10) Raffle Tickets for $10.00;
- Fifty (50) Raffle Tickets for $20.00; or
- Two Hundred (200) Raffle Tickets for $50.00.
All Raffle Ticket purchases must be made during the Raffle Period. Raffle Tickets are not eligible to be entered into any past or future raffle drawings. CIC and the other Released Parties (as defined below) are not liable for any lost, late, misdirected, incomplete, illegible, undelivered, or destroyed Raffle Tickets regardless of cause or the person responsible, including, but not limited to, any problem or technical malfunction of any computer, online system, server, printer or any other system used to conduct the Raffle. No refunds will be made except as otherwise determined by CIC in its sole discretion.
RANDOM DRAWING: Every transaction is electronically tallied, physically printed and deposited into a barrel at Progressive Field. The running total for the Cash Prize (as defined below) from Raffle Ticket sales may be periodically posted on Cleveland Indians social media sites and will be updated live at www.indians.com/community/raffle. Winning Raffle Ticket numbers for the Prizes will be selected after the conclusion of the Raffle Period by random drawing from among all eligible Raffle Tickets purchased during the Raffle Period. The drawing for the Early Bird Prize (as defined below) will be held on or about September 28, 2020. The drawing for the Cash Prize will be held on or about October 6, 2020. All drawings will be conducted by CIC whose decision is final and binding.
A. Cash Prize: The Participant that purchased the Raffle Ticket with the corresponding winning Cash Prize Raffle Ticket number (a "Cash Prize Claimant") will, subject to verification of eligibility and compliance with these Official Rules, receive fifty percent (50%) of the net proceeds (total collected by CIC minus any related expenses from the Raffle Ticket sales) for the Raffle Period or any other pre-determined guaranteed, minimum payout announced by CIC for the Raffle (the "Cash Prize"). All remaining net proceeds from the Raffle shall be retained by CIC. There will be One (1) Cash Prize winner for the Raffle Period. Promptly following the Raffle drawing for the Cash Prize, the selected Raffle Ticket number for the Cash Prize will be posted on Cleveland Indians social media sites and also online at www.indians.com/community/raffle.
B. Early Bird Prizes: Participants who purchase Raffle Tickets online at www.indians.com/community/raffle during the period beginning at 12:00 pm ET on September 18, 2020 and concluding at 11:59 pm ET on September 25, 2020 will be entered into an early bird drawing for a chance to win the following prizes:
- i. Francisco Lindor autographed jersey
- ii. Carlos Santana autographed baseball bat
- iii. Shane Bieber autographed baseball
(collectively, the “Early Bird Prize”). **The Participant that purchased the Raffle Ticket with the corresponding winning Early Bird Prize Raffle Ticket number (an "Early Bird Prize** Claimant") will, subject to verification of eligibility and compliance with these Official Rules, receive the Early Bird Prize. There will be one (1) Early Bird Prize winner for the Raffle Period. Promptly following the Raffle drawing for the Early Bird Prize, the selected Raffle Ticket number for the Early Bird Prize will be posted on Cleveland Indians social media sites and also online at www.indians.com/community/raffle. Approximate Retail Value of the Early Bird Prize is $650.00. Early Bird Prize Winner will be entered back into the random drawing for the Cash Prize.
Cash Prize and Early Bird Prizes are collectively referred herein as a “Prize” or “Prizes”. Cash Prize Claimant and Early Bird Prize Claimant are collectively referred herein as “Prize Claimant” or “Prize Claimants”. No other Prizes will be awarded.
CLAIMING THE PRIZES: To claim a Prize, the Prize Claimant must contact CIC and present the winning Raffle Ticket via email to email@example.com within thirty (30) days from the conclusion of the applicable Drawing. The winning Raffle Ticket is the only valid receipt for claiming a Prize. The Prize Claimant must provide CIC with all information required to claim the Prize (including any information necessary to determine eligibility requirements and tax identification information). The Prize Claimant will receive an Affidavit of Eligibility & Liability/Publicity (except where prohibited by law) Release ("Affidavit") in the form approved by CIC which must be executed and returned to CIC prior to receipt of the Prize. In the event the Prize Claimant (a) does not notify CIC within thirty (30) days of the conclusion of the Drawing; (b) is ruled ineligible for any reason; (c) refuses the Prize; or (d) does not return an executed Affidavit of Eligibility & Liability/Publicity (except where prohibited by law) Release, the Prize will be forfeited and will be retained by CIC. CIC has no obligation to contact potential winners. The Cash Prize will be delivered via check within thirty (30) days of the Prize Claimant presenting the winning Raffle Ticket, executing an Affidavit of Eligibility & Liability/ Publicity (except where prohibited by law) Release, and completing all other required documents to CIC. For security and safety reasons, no cash payments will be made to the Prize winner. Unclaimed Prizes will be retained by CIC.
ODDS: Odds of winning are based on the total number of Raffle Tickets purchased during the Raffle Period.
TAXES: Each Participant acknowledges that he/she has been informed 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, the price of a Raffle Ticket does not qualify as a deductible charitable contribution. The Prize winner is responsible for any and all federal, state and local taxes, fees and other government assessments on the awarded Prize. Furthermore, the Prize winner acknowledges that federal law requires that a tax withholding on certain prize values must be collected from winners upon award or distribution. Federal and state withholding laws are subject to change without notice. The withholding laws in effect at the time the Prize is claimed will be followed.
TRANSFER OF RAFFLE TICKET: Raffle Tickets shall not be resold to any other party. 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 Official Rules shall be ineligible to participate in the Raffle or to win the Prize.
PARTICIPANT'S GRANT OF LICENSE: By participating in the Raffle or accepting a Prize, each Participant hereby irrevocably and perpetually grants to CIC, its designees, Cleveland Indians Baseball Company, LLC (“Cleveland Indians”) and the other MLB Entities a worldwide license to use, publish, reproduce, create derivative works of, distribute and publicly display any images or likenesses taken or captured of such Participant in connection with any participation in the Raffle or receiving a Prize (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 CIC's, its designees', the Cleveland Indians’ or any other MLB Entity'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.
RELEASE OF LIABILITY AND INDEMNITY: By participating in the Raffle, the Participant on Participant's behalf and on behalf of the Participant's spouse, assigns, guardians, administrators, executors and legal representatives hereby releases, waives, discharges, covenants not to sue, and indemnifies CIC, the Cleveland Indians, the other MLB Entities, Gateway Economic Development Corporation of Greater Cleveland ("Gateway") and AscenDFS Delaware, Inc. ("Ascend"), 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, principals, managers, employees, volunteers, agents, consultants, contractors, representatives, sponsors, and insurers ("Released Parties") from any claim or loss arising out of or related to the Participant's participation in the Raffle, acceptance of the Prize, or any exercise by CIC, its designees, the Cleveland Indians or any other MLB Entity of any of their rights set forth herein or the Official Rules of the Raffle, including, but not limited to, any claims related to (i) any injury to the Participant (including death) or the Participant's property that occurs in connection with participation in the Raffle, receiving a Prize or any related activities, (ii) any failure to report and pay any income taxes arising from acceptance of a Prize, (iii) any lost or stolen Raffle Ticket, and (iii) the Participant's acts or the acts of any other party with respect to the Participant's receipt of a Prize, 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. Released Parties (a) make no warranty, guaranty or representation of any kind concerning any Prize, and (b) disclaim any implied warranty. The "MLB Entities" shall mean the Office of the Commissioner of Baseball ("BOC"), its Bureaus, Committees, Subcommittees and Councils, MLB Advanced Media, L.P., Major League Baseball Properties, Inc., The MLB Network, LLC, the Major League Baseball Clubs ("MLB Clubs"), 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 MLB Clubs or the BOC and the owners, general and limited partners, shareholders, directors, officers, employees and agents of the foregoing entities.
DISPUTES AND GOVERNING LAW: The Raffle shall be governed by the laws of the State of Ohio 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 Cuyahoga County, Ohio, and Participant hereby consents to the personal jurisdiction of such courts for purposes of any such action. The Raffle is void where prohibited by law. Each Participant agrees that (1) 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; (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Raffle, but in no event attorneys' fees; and (3) 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 CIC OR ANY OF THE OTHER RELEASED PARTIES BE LIABLE TO FOR DAMAGES THAT EXCEED THE VALUE OF THE PRIZE AWARDED TO ANY INDIVIDUAL PARTICIPANT IN THE RAFFLE.
DISQUALIFICATION; CHANGES: CIC reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the operation of the Raffle, re-sells a Raffle Ticket, violates the Official Rules, or acts in an unlawful or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. CIC reserves the right to, at its sole discretion, cancel, suspend and/or modify the Raffle or these Official Rules or disqualify any individual 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. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THE RAFFLE 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, CIC MAY DISQUALIFY, AND CIC AND THE MLB ENTITIES RESERVE THE RIGHT TO SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW FROM, ANY INDIVIDUAL RESPONSIBLE FOR THE ATTEMPT.
SPONSOR; WINNER LIST: The sponsor of the Raffle is Cleveland Indians Charities, a 501(c)(3) charitable organization existing under the laws of the State of Ohio, such being a distinct legal entity from Cleveland Indians Baseball Company, LLC, the legal entity which owns and operates the Cleveland Indians. To obtain a list of the winning Raffle Ticket numbers, please send a request to: Cleveland Indians Charities 50/50 Raffle, 2401 Ontario Street, Cleveland, Ohio 44115, together with a stamped, self-addressed envelope. The winning Raffle Ticket numbers also will be posted online at www.indians.com/community/raffle.
Major League Baseball trademarks, service marks and copyrights are proprietary to the MLB Entities. All rights reserved.