Rules of Play
SOUTHEAST MISSOURI UNIVERSITY FOUNDATION
“SEMO ATHLETICS FUND 50/50 RAFFLE”
PLEASE REVIEW THESE OFFICIAL RULES CAREFULLY. DO NOT PARTICIPATE IN THIS RAFFLE IF YOU DO NOT MEET THE ELIGIBILITY REQUIREMENTS SET FORTH IN THESE OFFICIAL RULES. VOID WHERE PROHIBITED. PARTICIPATION IN THIS RAFFLE IS SUBJECT TO THESE OFFICIAL RULES. IN THE EVENT THE RAFFLE IS ENTERED VIA A MOBILE DEVICE OR THROUGH THE WEBSITE, INTERNET, MESSAGE, AND/OR DATA CHARGES MAY APPLY. VOID WHERE PROHIBITED.
1. RAFFLE SPONSOR: The SEMO Athletics Fund 50/50 Raffle (the “Raffle”) is sponsored by the Southeast Missouri University Foundation (the “Sponsor”), a charitable organization. By participating in this Raffle, you represent that you meet all of the below-stated requirements and agree to be bound by these Official Rules and by the decisions of the Sponsor, whose decisions are final and binding. You agree that Sponsor shall retain full authority, in its sole discretion, to interpret and administer these Official Rules, and you agree to be bound by all decisions and interpretations made in good faith by Sponsor, or its designee. Any questions regarding this Raffle should be directed to Sponsor. Sponsor may be contacted via phone at 573.651.2332 or by mail at One University Plaza, MS 7300, Cape Girardeau, Missouri 63701.
2. PROCEEDS: Fifty percent (50) of the revenue from the Raffle will benefit the Sponsor, a charitable organization, and specifically funds supporting the intercollegiate athletics program.
3. 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 purchase, and who are physically present in Missouri when purchasing a Raffle Ticket (each a “Participant”). Void where prohibited by law. Members of the Southeast Missouri State University Executive Staff, employees of the Southeast Missouri University Foundation, employees of the SEMO Department of Athletics, and the immediate families and household members of each of the above, are not eligible to enter or win. The Raffle is subject to all applicable federal, state and local laws.
4. RAFFLE PERIOD: Raffles will be conducted by Sponsor at Southeast Missouri State University athletics events at Houck Stadium, Houck Field House, Show Me Center, Capaha Field, and other locations as specified by Sponsor, including online at www.semoredhawks.com/5050. Sponsor reserves the right to not conduct a Raffle. Raffle Tickets may be sold in venue and/or online. Raffle ticket sales will commence at a time to be determined by Sponsor until the end of the third quarter during football games or 16 minutes remaining in the second half during basketball games. Sponsor reserves the right to modify the conclusion of the Raffle for any reason and at any time with or without notice, including to close the Raffle early.
5. ENTRY METHOD: During the Raffle Period, Raffle Tickets will be sold: (a) online through www.semoredhawks.com/5050 (the “Website”); and (b) from a 50/50 Raffle representative during a home game. Raffle tickets will be sold in the following amounts: 5 for $10, 20 for $20, 100 for $50 and 573 for $100. By participating in the Raffle, you agree to follow these Official Rules. By accepting a prize, you give Sponsor and Southeast Missouri State University your permission (except where prohibited) to use your name, likeness, and statements for publicity purposes without additional compensation, including display of your name and image on venue video boards, on the www.semoredhawks.com website, in social media postings, and other marketing materials related to the Raffle. All entries for a particular Raffle must be received during the applicable Raffle Period. In the event of dispute as to the identity or eligibility of any potential winner based on an e-mail address, the winning entry will be declared made by the Authorized Account Holder (defined below) of the e-mail address submitted at the time of entry provided he/she is eligible according to these Official Rules. The "Authorized Account Holder" is defined as the natural person to whom the applicable Internet service provider or other organization (such as a business or educational institution) has assigned the e-mail address for the domain associated with the submitted e-mail address.
Online Method: To enter a Raffle online, eligible individuals located in Missouri at the time of purchase must, during a Raffle Period, purchase Raffle ticket(s) online by visiting www.semoredhawks.com/5050 and following the directions to purchase and print Raffle ticket(s). To be valid, a Raffle ticket purchased must be downloaded from the website and printed by the eligible entrant at the time of purchase. Entries generated by a script, macro or other mechanical or automated means will be disqualified.
In-Person Method: To enter a Raffle in-person, eligible individuals may purchase a Raffle Ticket from a 50/50 Representative during the Raffle Period on the campus of Southeast Missouri State University. To be valid, a Raffle Ticket purchased must be printed by a 50/50 Representative and purchased by using a valid credit card or cash. Entries generated by a script, macro or other mechanical or automated means will be disqualified.
6. DRAWING, PRIZE & ODDS: Subject to any technical, software, or other unanticipated circumstance, at the end of the applicable Raffle Period, one (1) Raffle Ticket will be selected in a random drawing from among all eligible Raffle Tickets received during the Raffle Period through the Entry Method in Paragraph 5 above (the “Drawing”). The winning Raffle Ticket may be announced via the venue Public Address System, the Website, or through such other means as determined by Sponsor in its sole discretion. The Released Parties (defined below) shall not be liable for any technical, software, or other unanticipated circumstance which prevents the Drawing from occurring as described herein. Subject to Section 7 below, the Prize Winner will receive half (50%) of the net proceeds minus any related expenses from the Raffle Ticket sales for the applicable Raffle Period (the “Prize”). All remaining proceeds from the Raffle shall be retained by the Sponsor in accordance with applicable law. Odds of winning the Raffle are based on the total number of Raffle Tickets purchased in each Raffle Period.
7. CLAIMING THE PRIZE: To claim a Prize, the Participant bearing the Raffle Ticket that numerically corresponds with the winning Raffle Ticket counterfoil (a “Prize Claimant”) must contact Sponsor and present such Raffle Ticket within thirty (30) days of the Drawing. Each Prize Claimant must provide Sponsor with all information required to claim a Prize (including tax identification information). The Prize Claimant will receive a Prize-Acceptance Affidavit and Release (“Affidavit”) in the form approved by Sponsor which must be executed and returned to Sponsor prior to receipt of the Prize. In the event a Prize Claimant: (a) does not notify Sponsor within thirty (30) days of the Drawing; (b) is ruled ineligible for any reason; (c) refuses the Prize; or (d) does not return an executed Affidavit, the Prize will be forfeited and will be donated to Sponsor. Sponsor has no obligation to contact Participants or Prize Claimants in connection with the Raffle. All Prizes will be delivered via check within thirty (30) days of the Prize Claimant delivering the winning Raffle Ticket, executed Affidavit, and all other required documents to Sponsor. For security and safety reasons, no cash payments will be made to any Prize Claimant. Once a Prize has been delivered to a Prize Claimant, the Prize Claimant shall be considered a “Prize Winner” for purposes of these Official Rules.
8. TAXES: Each Participant acknowledges that they have 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. Federal, state and local taxes, license, title, insurance, registration, other government assessments, and all operation and maintenance costs are the sole responsibility of the Raffle Winner. Federal and state tax laws, insurance and other regulatory requirements are subject to change without notice. The laws and regulations in effect at the time the Prize is claimed will be followed.
9. GENERAL TERMS: By participating in the Raffle, all entrants agree to abide and be bound by these Official Rules and the decisions of the Sponsor, which will be final and binding with respect to all matters relating to this Raffle. If an entrant wins the Prize and is found later to be in violation of these Official Rules, that entrant will be required to forfeit the Prize. All Raffle ticket entry stubs become the property of Sponsor and will not be returned. False, fraudulent or deceptive entries or acts will render an entrant ineligible and any entrant who attempts to submit a fraudulent Raffle ticket entry stub or proof thereof or who attempts to defraud Sponsor in any manner in connection with the Raffle may be prosecuted to the fullest extent of the Law. Raffle Winners are subject to verification of eligibility and compliance with these Official Rules.
Sponsor is not responsible for: (i) any difficulties that an entrant may experience obtaining a Raffle ticket; (ii) any typographical or other error in the printing or advertising of the offer, administration or execution of the Raffle, or verification or announcement of prize/prize winner; (iii) any lost, late, misdirected, illegible, incomplete, damaged or mutilated Raffle Tickets, all of which will be void; or (iv) payment of any taxes or other costs associated with winning the Prize. The maximum number of prize awards is limited to the prize listed above and quantity as stated in these Official Rules and Sponsor is not obligated to award more than the stated quantity.
10. TRANSFER OF RAFFLE TICKET: Participants may opt to give away their Raffle Ticket to other eligible persons, but in doing so the Participant waives any claim he/she might otherwise have to the Prize. A Participant 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 in violation of these Official Rules 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. Raffle tickets do not roll over to future raffles conducted by Sponsor.
11. PARTICIPANT’S GRANT OF LICENSE: By participating in the Raffle or accepting the Prize, each Participant hereby irrevocably and perpetually grants to the Sponsor, 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 participation in the Raffle or receiving the 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. The winner also grants Sponsor the right to use the winner’s submission, full name, hometown, Images, and likenesses for advertising, publicity, and promotion purposes, in any media now known or hereafter devised, without further compensation than the said Prize and at no expense to the winner. Each Participant hereby releases and waives any claims, demands, damages, losses, liabilities and causes of action arising from the Sponsor’s, or its designee’s, uses of such information and the Images, including, without limitation, any claims for defamation, libel, invasion of privacy, publicity, personality, or exploitation of the Participant’s name or likeness.
12. RELEASE OF LIABILITY & 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 the Sponsor, Southeast Missouri State University, Southeast Missouri University Foundation, Southeast Missouri State University Redhawks Athletics, Bump Worldwide Inc., Shift4, and all of their suppliers and service providers, 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, board governors, board directors, directors, managers, employees, servants, principals, agents, consultants, contractors, representatives, sponsors, and insurers (collectively, the “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 the Sponsor of any of its rights set forth herein or the Official Rules of the Raffle, including, but not limited to, any claims related to: personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light (whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty, any failure to report and pay any taxes or other costs arising from acceptance of the Prize, the Participant’s acts or the acts of any other party with respect to the Participant’s receipt of the Prize or participation in the Raffle, or other theory, regardless of whether any such claims are caused in whole or in part by the negligence of any entity or person released hereunder.
By accepting the Prize, the winner releases the Released Parties from all liability and responsibility with respect to the acceptance, possession or use/misuse of prize or participation in prize-related activities (including any property loss, damage, personal injury or death). The Released Parties will not be liable to winner or any other person for failure to supply the Prize or any part thereof, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request prove to be invalid), equipment failure, terrorist acts, war, fire, flood, earthquake, unusually severe weather, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, national or state emergency, pandemic, or any other cause beyond the Released Parties’ sole control.
13. DISCLAIMER OF WARRANTIES AND CONDITIONS: YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR PARTICIPATION IN THE RAFFLE AND YOUR PURCHASE OF RAFFLE TICKETS THROUGH THE ENTRY METHOD, IS AT YOUR SOLE RISK, AND SUCH ENTRY METHOD IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT ARISING FROM USE OF THE ENTRY METHOD. THE RELEASED PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE ENTRY METHOD WILL MEET YOUR REQUIREMENTS OR (2) YOUR USE OF THE ENTRY METHOD WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. IF YOU RELY ON ANY DATA OR INFORMATION OBTAINED THROUGH THE ENTRY METHOD, YOU DO SO AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM YOUR USE OF SUCH DATA OR INFORMATION. THE PRIZE IS AWARDED IN “AS IS” CONDITION WITH THE MANUFACTURER’S WARRANTY. THE RELEASED PARTIES ARE NOT THE MANUFACTURER OF THE PRIZE AND MAKE NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RESPECTING THE PERFORMANCE OR USE OF THE PRIZES, INCLUDING, WITHOUT LIMITATION, QUALITY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND THE WINNER MUST LOOK SOLELY TO THE MANUFACTUER FOR SUCH WARRANTIES, IF ANY.
14. DISPUTES & GOVERNING LAW: The Raffle shall be governed by the laws of the State of Missouri 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 of Missouri, and Participant hereby consents to the personal jurisdiction of such courts located in Cape Girardeau County, Missouri, 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, 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 THE RELEASED PARTIES BE LIABLE FOR DAMAGES THAT EXCEED THE ACTUAL OUT-OF-POCKET EXPENSES PAID BY PARTICIPANT TO PURCHASE A RAFFLE TICKET(S) TO ANY INDIVIDUAL PARTICIPANT IN THE RAFFLE.
15. DISQUALIFICATION; CHANGES: Sponsor reserves the right at its sole discretion to disqualify any individual or Participant that tampers or attempts to tamper with the ticketing process or the operation of the Raffle, re-sells their Raffle Ticket, violates the Official Rules or other applicable terms and conditions incorporated hereunder. The Sponsor reserves the right to, at its sole discretion, cancel, suspend and/or amend or modify the Raffle or these Official Rules 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 INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE 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, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
16. CONTEST SPONSOR; WINNERS LIST: You may receive a copy of these Official Rules or obtain information about the winning Raffle Ticket by sending a request (identifying the “SEMO Athletics Fund 50/50 Raffle”) to the Southeast Missouri University Foundation – One University, Plaza, MS 7300, Cape Girardeau, Missouri 63701 (Please specify which you are requesting – Rules or Winner). Official Rules are also available at www.semoredhawks.com/5050 during the applicable Raffle Period. The Winning Raffle Ticket will also be posted on the Website and may be available on the Southeast Missouri State University Athletic Department's social media feeds (including, but not limited to, Facebook®, Twitter®, and Instagram®) on or about the date of the Drawing.
Thank you for supporting SEMO Athletics.
All Raffle materials are copyrighted by the Sponsor and may not be copied, reproduced or used for any purpose without Sponsor's express prior written consent. The trademarks, service marks and copyrights of the Southeast Missouri University Foundation, Southeast Missouri State University, and Southeast Missouri State University Athletics are proprietary. All rights reserved.