4ATX FOUNDATION 50/50 RAFFLE
General. By participating in the 4ATX Foundation 50/50 Raffle (“Raffle”), entrants agree to be bound by these Official Rules and by the decisions of the 4ATX Foundation, a 501(c)3 public charity (the “Foundation”) that is the philanthropic arm of Austin FC (the “Club”), which shall be binding and final as to all matters related to the Raffle. The Raffle is subject to all applicable federal, state, and local laws and is void where prohibited. The Raffle is a fundraising tool to support the charitable efforts of the Foundation and by participating in the Raffle, entrants acknowledge, understand, and agree that their participation in the Raffle is voluntary and motivated by their desire to make a charitable donation to the Foundation and not for personal financial gain. The Foundation and Club encourage entrants to participate in the Raffle responsibly.
Eligibility. The Raffle is open to all persons who are eighteen (18) years old or older at the time of the Drawing, except for employees (full-time or part-time), officers, directors, or owners and each of their immediate family members (namely, spouses, parents, and children) of the Foundation, Austin TeamCo LLC d/b/a Austin FC, Austin StadCo LLC d/b/a Q2 Stadium, the MLS Entities (defined below), Bump Worldwide Inc., and anyone who works directly in administering the Raffle (each individually referred to herein as an “Eligible Individual”).
Raffle Process. The total proceeds from Raffle Tickets sold for that Drawing (“Raffle Tickets”), less reasonable expenses incurred by the Foundation for the operation of the Raffle as permitted by law, shall be the “Jackpot”. The random selection of a unique Raffle Ticket number from the total pool of Raffle Tickets purchased during each Club home game in which the Raffle is held during the Club’s MLS season (a “Game”) shall be referred to as an individual “Drawing”. The Jackpot accumulated for each Drawing will be publicly posted during the respective Game in which that Drawing is held. The Entrant in possession of the validly purchased Winning Raffle Ticket containing the randomly drawn Winning Raffle Number in the Drawing shall, upon the proper presentation and verification of the claimed Winning Raffle Ticket to the Foundation, in the Foundation’s sole discretion and in accordance with these Official Rules, be the declared the winner (the “Winner”) of that Drawing.
Purchasing Raffle Tickets. All Raffle Tickets may be purchased as follows: three (3) Raffle Tickets for five U.S. dollars ($5.00), ten (10) Raffle Tickets for ten U.S. dollars ($10.00), sixty (60) Raffle Tickets for twenty U.S. dollars ($20.00), or two hundred (200) Raffle Tickets for fifty U.S. dollars ($50.00). There are no discounts or complimentary Raffle Tickets. Raffle Tickets will be available for purchase by Eligible Individuals in-person at Q2 Stadium from designated Foundation staff during all Games using a valid credit card or debit card. Raffle Tickets will be sold from the opening of gates on the day of each Game until the conclusion of the seventy-fifth (75th) minute of the Game or such other time during the Game as announced by the Foundation at a specific game. There is no limit to the number of Raffle Tickets an Eligible Individual may purchase or that the Foundation may sell. Each Eligible Individual who purchases Raffle Tickets (an “Entrant”) will receive a receipt corresponding to the purchased Raffle Ticket numbers. Raffle Tickets that are or appear to be tampered with are void. The Foundation shall be the sole judge of the validity and eligibility of all Raffle Tickets. All Raffle Ticket purchases shall be final, and no refunds or replacements will be issued by the Foundation. Raffle Tickets are only valid for the Drawing held pertaining to the date of purchase.
Proceeds. Each Winner will receive a prize equal to fifty percent (50%) of the Jackpot for that Drawing (the “Prize”). Fifty percent (50%) of the Jackpot will benefit the Foundation, a 501(c)(3) public charity, and the programs that the Foundation supports in its sole discretion. The Foundation focuses its efforts on improving the lives of those in our community - particularly children - through educational, health and athletic programming and partnerships that bring meaningful change to our communities. The Foundation strategically partners with other non-profits in the region that focus on these causes as well.
Selection of Winner. Once the time period for selling Raffle Tickets closes for the Game, one (1) raffle number will be randomly drawn by electronic means by the Foundation to determine the winner of the Prize (the “Winning Raffle Number”). The Winning Raffle Number will be announced during the eightieth (80th) minute of the Game inside Q2 Stadium on video board located at the south end of the stadium, as well as on the austinfc.com/5050raffle webpage following the Game. Entrants do not need to be present to win. The Raffle Ticket containing the Winning Raffle Number shall be the “Winning Raffle Ticket” for that Drawing.
Prize Claim. Within five (5) business days of the applicable Drawing (the “Claim Deadline”), the Prize claimant must notify the Foundation by presenting the Winning Raffle Ticket in person either (i) at the 4ATX Foundation booth located near Section 135 at Q2 Stadium after the Winning Raffle Number is announced and up until fifteen (15) minutes after the final whistle at the Game or (ii) at the Foundation’s offices (1835-A Kramer Lane, Suite 600, Austin, Texas 78758) during normal business hours by emailing firstname.lastname@example.org to schedule a time to present the Winning Raffle Ticket prior to the Claim Deadline. Each Prize claimant must provide the Foundation with all information required to claim a Prize including tax identification information. The Prize claimant will receive an Affidavit and Release Form and any applicable tax and payments forms (collectively, the “Claim Documents”), which must be completed, signed, and returned to the Foundation (either in person or by certified mail to the Foundation’s offices or by email to email@example.com), along with presentation of Winner’s government-issued identification, within five (5) business days of presenting the Winning Raffle Ticket to the Foundation (“Document Deadline”). If a claimant: (a) does not notify the Foundation of a claimed Winning Raffle Ticket prior to the Claim Deadline; (b) is ruled ineligible for any reason; (c) refuses the Prize; or (d) does not return executed Claim Documents or present acceptable identification to the Foundation prior to the Document Deadline, then the Prize will be forfeited and will be retained by the Foundation for charitable use. The Foundation has no obligation to contact potential winners. All Prizes will be sent to the Winner via check, or ACH wire if requested by the Winner, within four (4) to six (6) weeks of the Winner delivering the Winning Raffle Ticket and executed Claim Documents to the Foundation in accordance with the procedures listed herein. For security and safety reasons, no cash payments will be made to the Winner. In the unlikely event that an error or problem in the administration of a Raffle results in more than one Entrant holding a Winning Ticket, the person holding the Ticket that was purchased the earliest shall be deemed the Official Winner.
Raffle Tickets are Not Tax Deductible. 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 the Raffle Tickets does not qualify as a deductible charitable contribution for personal income tax purposes.
Taxes. Each Winner shall be responsible for any and all travel, costs, federal, state, and local income or excise taxes, fees, assessments, and like charges associated with a Prize. At the time of this posting, federal law requires that a tax withholding on certain prize values must be collected by the Foundation from Winners prior to award and 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.
Odds. The odds of a specific Raffle Ticket being the winning Raffle Ticket depend on the total number of Raffle Tickets purchased for each individual Drawing.
Transfer of Raffle Tickets or Prize. Eligible Individuals who purchase Raffle Tickets may opt to give away their Raffle Tickets to other Eligible Individuals, but in doing so the purchaser waives any claim the purchaser might otherwise have to the Prize. Purchasers of Raffle Tickets may not re-sell their Raffle Tickets to other parties and may not knowingly give Raffle Tickets away to others for the purpose of allowing those other parties to re-sell such Raffle Tickets. All Raffle Tickets that have been resold in violation of these Official Rules shall be void. All individuals who re-sell, purchase, or receive Raffle Tickets in violation of these Official Rules shall be ineligible to participate in the Raffle or to win a Prize. A Winner may transfer the Prize to a third party provided that the following conditions are met: (a) the transferee would have been considered an Eligible Individual to enter the Raffle; (b) the transferee shall be responsible for all taxes and costs described in these Official Rules; and (c) the transferee shall be bound by all terms and conditions of these Official Rules that are applicable to the Winner.
Judges. The Raffle will be conducted and supervised by the Foundation, whose decisions are final. The Foundation reserves the right to modify these Official Rules at any time. The Foundation reserves the right, in its sole discretion, to cancel or suspend the Raffle should unauthorized human intervention, technical malfunction, or other causes corrupt the administration, security, fairness, integrity, or proper operation of the Raffle.
Release of Liability. By entering into the Raffle, all Entrants agree to: (a) be bound by these Official Rules; and (b) release, waive, discharge, covenant not to sue and indemnify the Foundation, Austin TeamCo LLC d/b/a Austin FC, Austin StadCo LLC d/b/a Q2 Stadium, the MLS Entities, Bump Worldwide Inc., City of Austin, and each of their respective parents, subsidiaries, and affiliates, together with their owners, members, employees, officers, directors, sponsors, and agents (collectively, the “Released Parties”) from any and all liability with respect to any injury, damage, or loss that may occur, directly or indirectly, in whole or in part, from the participation or while preparing to participate in the Raffle, or from any travel or activity related to the receipt or use of any Prize. The “MLS Entities” shall mean the Major League Soccer, L.L.C., Soccer United Marketing, LLC, and/or any of their respective present or future affiliates, assigns, or successors.
Publicity Release. Each Winner shall grant (or decline at the Winner’s discretion) the Foundation and its designees and affiliates, including the Club and the other Released Parties, full permission, except where legally prohibited, to use such Winner’s name, address (city, state/province, and country only), photograph, voice, and/or other likeness, and Prize information for advertising, trade, and promotional purposes without further compensation, and without notice, review, or approval, in all media now known or hereafter discovered, worldwide and in perpetuity. Each Winner shall execute all documents that the Foundation may require to be signed in connection with this publicity release.
Governing Law. The Raffle and these Official Rules shall be subject to and governed by the laws of the State of Texas. If a court of competent jurisdiction finds that any provision of these Official Rules, or their application to a particular persons or circumstances, is invalid or unenforceable to any extent, then the remainder of these Official Rules shall remain enforceable to the fullest extent permitted by law. The venue for any cause of action arising out of the Raffle or these Official Rules shall be located in Travis County, Texas.
Disclaimer. The Foundation, in its sole discretion, reserves the right to disqualify any person tampering within the entry process or otherwise in violation of the Official Rules. The Foundation further reserves the right to cancel, terminate, or modify the Raffle for any reason, including, but not limited to any Raffle that is not capable of completion as planned, affected by tampering, unauthorized intervention, or technical failures of any sort, fraud, Acts of God, acts of terrorism, civil disturbances, work stoppage or any other natural disaster outside the Foundation’s control.
The Released Parties are not responsible for: (1) Raffle Tickets that are lost, stolen, improperly issued, printing errors, counterfeited, illegible, given away, or altered or subject to other deficiencies that may limit an Entrant’s ability to participate in or win any Raffle; (2) entry payments that are delayed, misdirected, undelivered, not fully captured, or garbled in a ISP, website, computer, telephone, cable or satellite modem or connection, handheld mobile device, or any other computer equipment or connection, whether or not caused by site users, tampering, hacking, or by viruses, worms, or malfunctions affecting network, server ISP, or any equipment or programming used in or associated with the Raffle; or (3) any other errors of any kind, whether human, typographical, printing, mechanical, or electronic in nature, that relate to the Raffle, including without limitation, errors in Raffle-related materials or in the administration of the Raffle, such as errors in processing Entrants, determining Winners, or announcing or delivery of Prizes. 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.