THE CINCINNATI REDS COMMUNITY FUND
SPLIT THE POT 50/50 RAFFLE OFFICIAL RULES
The Cincinnati Reds Community Fund "Split-the-Pot" 50/50 Raffle (the "Raffle") is a fundraising event conducted primarily at Great American Ball Park (“GABP”) during 2019 Cincinnati Reds baseball games and other select events (an "Event"). 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 Cincinnati Reds Community Fund ("RCF"), a 501(c)(3) charitable organization, or its authorized representative.
- RAFFLE PERIOD: Raffle Tickets will be sold no less than two (2) hours before the beginning of an Event and will end at a predetermined time prior to the conclusion of the Event (each a "Raffle Period"). If the Event is a Cincinnati Reds baseball game, the Raffle Period will conclude in the middle of the seventh (7th) inning of such game.
- ELIGIBILITY: The Raffle is open to all individuals physically present for the applicable Event or any individual located within the state of Ohio at the time of entry who are eighteen (18) years of age or older as of the date of purchase. Employees, independent contractors and Raffle volunteers of RCF are not eligible to enter. The Raffle is subject to all applicable Federal, state and local laws. The Raffle is void outside the United States and where prohibited by law.
- ENTRY: For an Event, Raffle Tickets may be purchased either in person at GABP or remotely during all Cincinnati Reds’ home games by use of a mobile phone, laptop, desktop computer or tablet with internet capability and valid credit card beginning no less than two (2) hours prior to first pitch and through the middle of the seventh (7th) inning of the Event. Raffle Tickets may be purchased (i) online via www.reds5050.com (ii) from uniformed sellers inside of GABP (or, if applicable, such other venue where the Event is held), and (iii) at the designated kiosks on the concourses of GABP. The purchase cost of a Raffle Ticket varies based upon the quantity of Raffle Tickets purchased as follows: In Person: Three (3) Raffle Tickets for $5.00; Fifteen (15) Raffle Tickets for $10.00 and Sixty (60) Raffle Tickets for $20.00; and One Hundred and Fifty (150) Raffle Tickets for $40.00. On-line: Fifteen (15) Raffle Tickets for $10.00; Sixty (60) Raffle Tickets for $20.00 and One Hundred and Fifty (150) Raffle Tickets for $40.00. The ticket pricing is also subject to change based on special promotions or deals for individual events. Each Raffle Ticket purchased will be considered one (1) entry into the Raffle. The running total from Raffle Ticket sales will be periodically displayed and updated on the main scoreboard or other location(s) within GABP or at a designated location at the Event and periodically on television broadcasts of the Event. A Participant may purchase as many Raffle Tickets as s/he wishes. All Raffle Ticket purchases must be made during the applicable Raffle Period; Raffle Tickets are not eligible for any past or future Raffle drawing. All purchases of Raffle Ticket(s) are printed and entered into a drum for a manual drawing of the winning ticket. RCF, its representative(s), Bump World Wide Inc., its representatives, The MLB Entities nor any of their respective related or affiliated entities are 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 or server or other technical problem. No refunds will be made except as otherwise determined by the RCF at its sole discretion.
- WINNER SELECTION: After the conclusion of each Raffle Period and prior to the completion of the Event, the winning Raffle Ticket number (the “Winning Number”) will be selected at random from among all eligible Raffle Tickets purchased during the applicable Raffle Period. For an Event that is a Cincinnati Reds home game, the Winning Number will be selected during the 8th inning of the Event. If for any foreseen or unforeseen reason (i.e. inclement weather, system malfunction, etc.) an Event concludes prior to a pre-determined end point, the Raffle will end immediately and a winner will be chosen. In the event of a weather delay or postponement of an Event, the RCF may, in its sole discretion, modify any pre-determined schedule with respect to the Raffle Period and/or the drawing. All drawings shall be conducted by the RCF whose decision is final and binding.
- PRIZE: The Participant, subject to verification of eligibility and compliance with these Official Rules, who purchased the Raffle Ticket with the corresponding Winning Number (a "Prize Claimant") will receive fifty percent (50%) of the net proceeds (total monies collected by RCF 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 RCF.
- WINNER ANNOUNCEMENT: Prior to the conclusion of the Event, the selected Winning Number will be displayed and/or announced during the Event. The Winning Number will also be posted on RCF social media, within the MLB Ballpark app, and on www.reds5050.com for a minimum of thirty (30) days following the Event. For an Event that is a Cincinnati Reds’ home game, the Winning Number will also be displayed on the main scoreboard and announced over the PA system in GABP.
- CLAIMING A PRIZE: To claim the Prize, the Prize Claimant must contact the RCF and present the Winning Raffle ticket in-person (or via USPS certified mail) at the RCF's location within GABP within thirty (30) days from the conclusion of the applicable Raffle Period. The winning Raffle Ticket is the only valid receipt for claiming a Prize. Each Prize Claimant must provide RCF with all requested information required to claim the Prize (including tax identification information). The Prize Claimant will receive an Affidavit of Eligibility & Liability/(where permitted) Publicity Release ("Affidavit") in the form approved by RCF which must be executed and returned to RCF prior to receipt of the Prize. In the event a Prize Claimant: (a) does not notify RCF within thirty (30) calendar days of the conclusion of the applicable Raffle Period; (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 retained by RCF. RCF has no obligation to contact potential winners. 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 RCF. For security and safety reasons, no cash payments will be made to the Prize winners. Unclaimed winnings will be retained by RCF.
- ODDS: Odds of winning are based on the total number of Raffle Tickets purchased in the applicable Raffle Period.
- TAXES: Each Participant acknowledges that s/he has been informed that the Internal Revenue Service (“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, each 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 each 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 deemed to have 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 a Prize, and may be deemed ineligible to participate in future Raffles.
- PARTICIPANT'S GRANT OF LICENSE: By participating in the Raffle or accepting a Prize, each Participant hereby irrevocably and perpetually grants to RCF, and its 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 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 RCF'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.
- RELEASE OF LIABILITY AND INDEMNITY: By participating in the Raffle, the Participant on Participant's behalf hereby releases, waives, discharges, covenants not to sue, and indemnifies RCF, The Cincinnati Reds, LLC (the "Reds"), the other MLB Entities (defined below) and the Cincinnati Reds Hall of Fame and Museum (the "HOF") 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 (including the RCF’s service provider for the Raffle, Bump Worldwide Inc.), 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 Prize, or any exercise by RCF of any of its 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 the Prize or any related activities, (ii) any failure to report and pay any income taxes arising from acceptance of the Prize, (iii) any lost or stolen Raffle Ticket, and (iiii) 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, regardless of whether any such claims are caused in whole or in part by the negligence of any entity or person released hereunder. The "MLB Entities" shall mean the Office of the Commissioner of Baseball ("BOC"), its Bureaus, Committees, Subcommittees and Councils, the Major League Baseball Clubs ("Clubs"), MLB Advanced Media, L.P., Major League Baseball Properties, Inc., The MLB Network LLC, 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 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 and the Official Rules shall be governed in all respects by the laws of the United States of America and 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 CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE RAFFLE OR THE OFFICIAL RULES SHALL BE SETTLED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. ANY ARBITRATION SHALL TAKE PLACE IN THE CITY OF CINCINNATI, OH. THE PARTIES AGREE THAT ANY CONTROVERSY OR CLAIM SHALL BE HEARD AND RULED UPON BY ONE (1) ARBITRATOR WHO SHALL BE SELECTED BY THE REDS. PARTICIPANTS EXPRESSLY WAIVE ALL RIGHTS TO COURT AND JURY TRIAL. 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 Prize(s) awarded, 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 the 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, consequential damages and any other damages (other than for actual out-of-pocket expenses) and further waives any and all rights to have damages multiplied or otherwise increased.
- DISQUALIFICATION; CHANGES: RCF 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 unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. RCF 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, RCF RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY INDIVIDUAL RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
- Geo-Fencing: Participant acknowledges and accepts that certain geo-fencing technology is utilized in the administration of the Raffle, that the Raffle is not operational outside of the State of Ohio, and further waives any claims, demands, rights, errors or omissions against RCF, the Reds, the other MLB Entities and/or Bump caused by said geo-fencing.
- Frequently Asked Questions: Solely as a guideline, the Reds Community Fund has provided responses to Frequently Asked Questions (“FAQ’s”) regarding the Raffle. Said FAQ’s may be found at www.reds5050.com. In the event of conflict or ambiguity between the Rules and Regulations and the FAQ’s, said conflicts and/or ambiguities shall be resolved in the sole discretion of the RCF.
- SPONSOR; WINNERS LIST: The sponsor of the Raffle is The Cincinnati Reds Community Fund, a 501(c)(3) charitable organization existing under the laws of the State of Ohio, such being a distinct legal entity from Reds, the legal entity which owns and operates the Cincinnati Reds. To obtain a list of the winning Raffle Ticket numbers, please send a request to: Cincinnati Reds Community Fund Attn: Split the Pot 50/50 Raffle, 100 Joe Nuxhall Way, Cincinnati, Ohio 45202, together with a self-addressed, stamped envelope. The winning raffle ticket numbers will also be posted at www.reds5050.com.