- NO CONTRIBUTION or purchase NECESSARY TO ENTER OR WIN. A CONTRIBUTION or purchase WILL NOT INCREASE YOUR CHANCES OF WINNING. the Optimist Club of Tampa Youth Fund 2022 Raffle (the “Raffle”) is sponsored by the Optimist Club of Tampa Youth Fund, Inc. (the “Youth Fund”) a Section 501(c)(3) tax-exempt organization with its mailing address being P.O. Box 243, Tampa, FL 33601. The Youth Fund is the official charity of the Optimist Club of Tampa (the “Club”). Raffle is only offered in the Florida counties of Hillsborough, Pinellas, Citrus, Hernando, Pasco, Manatee, Polk, Sarasota, Orange, Hardee and Highlands (the "Raffle Area"). Void outside the Raffle Area and where prohibited.
- The proceeds of the raffle benefit the Optimist Club of Tampa Youth Fund Inc. which in turn supports various charitable organizations throughout the greater Tampa Bay area, whose charitable purposes are to enrich lives and help those less fortunate.
- Prizes are funded by the proceeds of the Raffle, although the Youth Fund will cover any amounts not covered by the proceeds.
- Members of the Optimist Club of Tampa will offer tickets for a suggested donation of $5 for one ticket, $10 for three tickets, and $20 for eight tickets.
- The Raffle will begin on September 21, 2022 and ends at 11:59 am on December 7, 2022 (the “Raffle Period"). The Drawing to determine the winner will be held on December 7, 2022 at the Flor*dan (formerly the Floridan Palace Hotel), 905 North Florida Avenue, Tampa between Noon and 1:00 pm. This date and time is a regular meeting of the Optimist Club of Tampa.
- Raffle is subject to all federal, state, and local laws. The Youth Fund shall be entitled to interpret these Official Rules as needed — including but not limited to rules regarding Raffle Tickets, deadlines, Winning Ticket Number (defined below) selection, prize restrictions, and eligibility — and all such decisions are final. By participating, you irrevocably, fully, and unconditionally agree to be bound by these Official Rules and waive any right to claim ambiguity in these Official Rules and/or in any other Raffle and/or Raffle-related advertising or materials.
- The winner is solely and exclusively responsible for all state, federal or local income taxes that may result from his or her acceptance of prize.
ELIGIBILITY
- To be eligible, each participant must be at least eighteen (18) years old.
- To be eligible to win, a Raffle Ticket must have both the participant’s name and the participant’s phone number on the tear off stub that is presented for entry.
- Participants are NOT required to be present to win.
TO PARTICIPATE
- Raffle Tickets will be available throughout the Raffle Period as outline below. Each Raffle Ticket will bear one (1) unique identification numbers (each, a “Raffle Ticket Number”), which number will be used to determine the winner.
- Raffle tickets will be available from members of the Optimist Club of Tampa.
- You may request and obtain Raffle Tickets without making a purchase or contribution during the Raffle Period by contacting any member of the Optimist Club of Tampa. A request for and receipt of a Raffle Ticket constitutes your full and unconditional agreement to and acceptance of these Official Rules, including all entry requirements.
- Regardless of method, Raffle Tickets will only be distributed as described above and only available during the Raffle Period. This is the only method of entry.
- Regardless of method, all Raffle Tickets must be obtained (and/or entries completed) no later than 11:59 am on December 7, 2022. Non-winning Raffle Tickets are not valid for subsequent Raffles, if any. No refunds will be made, except as otherwise determined by Youth Fund in its sole discretion. Raffle Ticket donations are not tax deductible. Making a contribution or donation will not improve your chances of winning.
- Participants who fail to provide any required information may be disqualified without further notification by the Youth Fund. The Youth Fund is not responsible for Raffle Tickets that are lost, misdirected, garbled, distorted, truncated, incomplete, illegible, incorrect, altered, tampered with, counterfeit, unauthenticated, or late for any reason, and all such Raffle Tickets are void. The Youth Fund reserves the right in its sole discretion at any time to disqualify any Raffle Ticket that, or participant who, does not comply with these Official Rules in its sole discretion.
- Personally identifiable information that is submitted by participants as part of the Raffle will be used to administer the Raffle, select and announce the Winning Raffle Ticket(s), and fulfill the prize. By entering the Raffle, participants hereby agree to Youth Fund’s collection and usage of their personal information.
Prize & ODDS
- Prizes are $500 cash, $300 cash, and $200 cash. One Raffle Ticket will be pulled for each prize and, once a Raffle Ticket has been pulled for a prize, that Raffle Ticket will not be eligible for any subsequent prizes in this particular Raffle.
- The odds of winning depend on the number of Raffle Tickets distributed, which is expected to be no more than 1,500 Raffle Tickets.
PRIZE RESTRICTIONS
- The right to receive the prize is not transferrable. Any portion of the prize not accepted by winner is forfeited and no substitute will be offered or permitted.
- Prize offered is provided “as is” with no warranty or guarantee either express or implied by the Youth Fund. The Youth Fund has neither made nor is responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to prize. Other restrictions apply.
WINNING TICKET SELECTION & ANNOUNCEMENT
- Random Drawing: The Youth Fund or its designee will randomly select one (1) winning Raffle Ticket Number (“Winning Ticket Number”) for each prize amount from all timely Raffle Tickets distributed during the Raffle Period (the “Drawing”), with the understanding that once a Raffle Ticket has been pulled for a prize, that Raffle Ticket will not be eligible for any subsequent prizes in this particular Raffle. Subject to verification of eligibility and compliance with the requirements below, the person who presents the Raffle Ticket bearing the matching Winning Ticket Number (the "Winning Raffle Ticket") will be declared the winner. You do not have to be present to win.
- The Winners and the Winning Ticket Numbers will be posted on the Optimist Club of Tampa website https://optimistcluboftampa.com/raffle (the “Announcement”).
WINNER REQUIREMENTS
- The potential winner must present the original Winning Raffle Ticket to the Youth Fund. The original Winning Raffle Ticket is the only valid receipt for claiming prize.
- Upon presentation of the Winning Raffle Ticket, the Youth Fund will verify that such Raffle Ticket bears the Winning Ticket Number and is the authentic Winning Raffle Ticket (with the date upon which the Winning Raffle Ticket is presented to the Youth Fund being hereinafter referred to as the "Delivery Date"). Released Parties (as defined below) are not responsible for lost or stolen Raffle Tickets or Raffle Tickets redeemed in error by their agents.
- The Youth Fund, at its discretion, may require the potential winner to provide his/her mailing address (“Mailing Address”), telephone number, and other contact information, an executed (and it required, notarized) Affidavit or Declaration of Eligibility and Liability/Publicity Release, a completed W-9 tax form (or such other tax form as may be required), and a valid government-issued photo identification (collectively, the “Verification Paperwork”) within thirty (30) days of the Delivery Date as a condition of receiving the prize.
DISQUALIFICATION/PRIZE FORFEITURE
- If the potential winner (a) fails to fully comply with any Original Ticket Presentation and Verification Paperwork requirements, deadlines and/or procedures, (b) fails otherwise to satisfy any eligibility or verification requirement herein, (c) declines to accept the prize, or (d) is otherwise determined to be ineligible, the Youth Fund in its discretion may disqualify that individual and he/she will forfeit the prize, which will then revert to the Youth Fund.
PUBLICITY RELEASE
- By accepting a prize, winner agrees to allow the Youth Fund to publicize his or her name, photographs (including the use and appearance of his or her photograph on the Youth Fund and Lighting’s websites), likeness, biographical information, e-mail address, voice, and details of winning for purposes of this and future promotions without further compensation, except where prohibited.
LIMITATION OF LIABILITY & DISCLAIMER OF WARRANTIES
- The term “Released Parties” shall mean (a) the Youth Fund and (b) the Optimist Club of Tampa and (c) their respective directors, officers, employees, agents and related persons.
- By participating in the Raffle, you agree that the Released Parties: (a) are not responsible for technical failures of any kind, including but not limited to lost, disconnected, interrupted, or unavailable network, server, or other connections, late, lost, undeliverable, damaged or stolen mail, or for any failed telephone or computer hardware or software, or for any failed, delayed, misdirected, corrupted, or garbled transmissions or errors of any kind, whether human, mechanical, or electronic, or for Raffle Tickets that for any reason are not properly distributed or presented by any deadline stated above; (b) are not responsible for any incorrect or inaccurate information, whether caused by participants or other participants, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Raffle, the printing of this offer or any Raffle Tickets, the administration of the Raffle, the selection or announcement of the Winning Ticket Number, winner or prize; (c) are not responsible for any injury or damage to any computer, modem or other electrical device as a result of participation in the Raffle or downloading of any software or materials; (d) are not responsible for unauthorized human intervention in any part of the Raffle; (e) are not responsible for any unauthorized third-party use of any entry materials; (f) are not responsible for the inability to select the Winning Ticket Number or winner because of postal failure, equipment failure, or data storage failure; (g) are not responsible for any printing, typographical, technical, computer, network or human error that may occur in the administration of the Raffle, the distribution of Raffle Tickets, selection of Winning Ticket Number, verification of the Winning Raffle Ticket or winner, the prize or otherwise in any Raffle Tickets, receipts, or other Raffle-related and/or Raffle-related materials; (h) are not responsible for any interruptions/postponement/ cancellation of the Raffle; (i) are not responsible for cancellations and/or delays (including delays of prize fulfilment) or any change by any company or any other persons providing any of components of a prize due to reasons beyond the control of any of the Released Parties; and (j) are not responsible for any other errors or malfunctions, even if caused by the negligence of any one or more of the Released Parties.
- RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE), INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. RELEASED PARTIES SHALL NOT BE LIABLE OR RESPONSIBLE FOR THOSE GUARANTEES OR WARRANTIES MADE OR OFFERED BY ADVERTISERS, PARTNERS, MANUFACTURERS OR SUPPLIERS, INCLUDING THOSE RELATED TO prize. UNDER NO CIRCUMSTANCES SHALL RELEASED PARTIES BE HELD RESPONSIBLE OR LIABLE FOR YOUR USE OF THE INFORMATION AND/OR PRODUCTS PROVIDED AND/OR MADE AVAILABLE THROUGH THE Raffle OR FOR ERRORS OR ANOMALIES RESULTING IN THE UNINTENDED OR ERRONEOUS PARTICIPATION, AWARD OF THE prize OR OTHER BENEFITS UNDER THESE OFFICIAL RULES. RELEASED PARTIES OFFER NO ASSURANCES, GUARANTEES OR WARRANTIES THAT THE RAFFLE PAGE OR RELATED WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE AND DO NOT GUARANTEE THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE RAFFLE.
- By participating in the Raffle, you agree to release and hold Released Parties harmless from all alleged, existing, or future actions, claims, and/or liabilities of whatever nature including, but not limited to, personal injury, bodily injury (including, without limitation, wrongful death and disability), property damage, and expense (including, without limitation, reasonable attorneys’ fees) and loss or damage of any other kind, relating to or arising from, in whole or in part, directly or indirectly, (a) your participation, or inability to participate, in the Raffle, or any Raffle-related or prize-related activity; (b) the use by Released Parties (including modification, adaptation, and reproduction) of entry materials during or after the Raffle; (c) the delivery, acceptance, possession, redemption, use, misuse, loss, or misdirection of the prize; and (d) any other claim or cause of action you may have against any Released Party.
- BY PARTICIPATING IN THE RAFFLE, YOU FURTHER AGREE THAT (A) ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE RAFFLE OR THE PRIZE, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) 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 (C) UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN ANY AWARD FOR, AND you HEREBY WAIVE ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, AND ANY OTHER DAMAGES OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES. WITHOUT LIMITING THE FOREGOING, BY PARTICIPATING IN THE Raffle AND/OR ACCEPTING THE PRIZE, YOU RELEASE, FOREVER DISCHARGE, COVENANT NOT TO SUE AND HOLD HARMLESS RELEASED PARTIES FROM ALL CLAIMS, DEMANDS, DAMAGES, LOSSES AND LIABILITIES OF ANY NATURE WHATSOEVER, WHICH YOU MAY NOW OR HEREAFTER ASSERT.
- SOME STATES DO NOT ALLOW LIMITATIONS ON THE ABILITY TO PURSUE CLASS ACTION REMEDIES, OR ON CERTAIN KINDS OF DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.
MISCELLANEOUS
- The Youth Fund reserves the right to disqualify any individual from further participation in the Raffle if the Youth Fund concludes, in its sole discretion, that such person (a) has attempted to tamper with any Raffle Tickets or the operation of the Raffle, (b) has repeatedly disregarded or has attempted to circumvent these Official Rules, or (c) has acted towards the Youth Fund or any other participant or person in an unfair, inequitable, deliberately annoying, threatening, disrupting or harassing manner. Tampering includes attempting to obtain Raffle Tickets except as permitted herein, including by using any prohibited device or method. Any failure by the Youth Fund to enforce any of these Official Rules shall not constitute a waiver of such Official Rules.
- ANY ATTEMPT BY ANY INDIVIDUAL TO DEFRAUD, TAMPER WITH, OR DELIBERATELY UNDERMINE, THE LEGITIMATE OPERATION OF THE Raffle MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND THE YOUTH FUND RESERVES THE RIGHT TO PURSUE ANY AVAILABLE DAMAGES OR REMEDIES AGAINST SUCH INDIVIDUAL AND/OR REFER SUCH MATTERS TO LAW ENFORCEMENT FOR PROSECUTION TO THE FULLEST EXTENT PERMITTED BY LAW.
- All activity arising out of and relating to the Raffle, including any reference to the status of any person as a "winner" is subject to verification and/or auditing for compliance with the Official Rules. If the Youth Fund determines, in its sole discretion, that verification or auditing activity evidences non-compliance of a Raffle Ticket and/or participant with the Official Rules, the Youth Fund reserves the right to disqualify such Raffle Ticket and/or participant from the Raffle and prize at any time. The Youth Fund reserves the right to conduct a background check on any potential winner and to disqualify any individual based on such background check if the Youth Fund determines in its sole discretion that awarding a prize to any such individual might reflect negatively on the Youth Fund. Each participant agrees to cooperate with the Youth Fund and its representatives in connection with all verification, auditing and/or background check activities.
- The Youth Fund reserves the right, in its sole discretion, to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Raffle, to correct typographical, printing or clerical errors in any Raffle-related materials, or discontinue any Raffle at any time without notice. No more than the stated number of prizes will be awarded. If production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, the Youth Fund reserves the right to award only the stated number of prizes by a random drawing from among all legitimate, un-awarded, eligible prize claims.
DISPUTES
- All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the participants or Released Parties in connection with the Raffle, shall be governed by Florida law, without giving effect to any choice of law rules that would cause the application of the laws of any jurisdiction other than Florida.
- Except where prohibited by law, by participating in the Raffle, you expressly agree that (a) all disputes and causes of action arising out of or connected with the Raffle or the prize shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules in Tampa, Florida; and (b) judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Such arbitration shall remain confidential.
- By participating in the Raffle, you expressly (a) agree that any legal proceedings arising out of or relating in any way to the Raffle or these Official Rules shall be brought only in the federal or state courts located in Hillsborough County, Florida, and (b) consent to the mandatory and exclusive jurisdiction in such courts with respect to any such legal proceedings.
- In the event of any discrepancy or inconsistency between any terms or conditions of these Official Rules and any disclosures or other statements contained in any other Raffle-related materials, including but not limited to the Raffle Tickets, forms or receipts, or point of sale, television, print, mobile or online advertising, the terms and conditions of these Official Rules shall prevail, govern and control. If any provision of these Official Rules is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
STATE NONPROFIT DISCLOSURES
- A COPY OF OFFICIAL REGISTRATION FOR OPTIMIST CLUB OF TAMPA YOUTH FUND, INC. (REGISTRATION NUMBER CH-10705) MAY BE OBTAINED FROM THE DIVISION OF CONSUMER SERVICES BY CALLING TOLL-FREE WITHIN THE STATE 1-800-HELP-FLA (1-800-435-7352) OR BY VISITING https://www.fdacs.gov/Consumer-Resources/Charities REGISTRATION DOES NOT IMPLY ENDORSEMENT, APPROVAL, OR RECOMMENDATION BY THE STATE.