Official Raffle Rules

The Navy SEALs Fund Firearm Raffle Benefiting Chief Eddie Gallagher
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IMPORTANT NOTICE:

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. BY PURCHASING A RAFFLE TICKET FOR THIS RAFFLE, YOU CERTIFY AND ATTEST THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO THE TERMS OF THE OFFICIAL RULES RECITED HEREINAFTER, AND THEREBY PROMISE TO ABIDE BY AND BE BOUND THEREBY. VOID WHERE PROHIBITED. PARTICIPATION IN THIS RAFFLE IS SUBJECT TO THE RAFFLE DETAILS AND TERMS AND CONDITIONS OF THESE OFFICIAL RULES. IN THE EVENT THE RAFFLE IS ENTERED VIA A MOBILE DEVICE, MESSAGE AND DATA CHARGES MAY APPLY.

1. RAFFLE SPONSOR: This Charity Raffle (the “Raffle”) is sponsored by the Navy SEALs Fund (the “Sponsor”), a 501(c)(3) charitable organization, or its representative. 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. Any questions or communications regarding this Raffle should be directed to Sponsor only.

2. ELIGIBILITY: The Raffle is only open to legal residents of the fifty (50) United States and District of Columbia, who are of legal age [eighteen (18) years or twenty one (21) years of age or older, depending on the particular state in which you are a resident] as of the date of purchase of a Raffle ticket (each a “Participant”). Employees and contractors of the Sponsor are not eligible to win. The Raffle is subject to all applicable federal and state/local laws of Ohio. DO NOT purchase a raffle ticket if you cannot legally own a firearm in the state in which you reside/are a resident. If you are a winner and cannot legally own the firearm, or are not a resident of the United States or otherwise ineligible to receive the Raffle prize under any relevant state, federal or local law or regulation, the prize will be deemed forfeited and another winner will be chosen.

3. RAFFLE PERIOD: The Raffle begins at noon EST, Nov 24, 2018, and ends at 10:00 pm EST, Dec 21, 2018 (the “Raffle Period”). All Raffle ticket purchases must be completed by the end of the applicable Raffle Period. Sponsor’s computer is the official time keeping device for this Raffle.

4. ENTRY METHOD: Within the Raffle Period, Raffle tickets will be sold:
(a) in-person by Raffle staff at the Benefit for Eddie Gallagher – A True American Hero Event, Nov 24, 2018 (“Retail”);
(b) online at www.rafflecreator.com (“App”),
and together with Retail and App, collectively, the “Entry Methods”). You may enter the Raffle if you: (i) meet the eligibility requirements; (ii) agree to follow these Official Rules and any additional terms and conditions which may apply; and (iii) purchase Raffle tickets in the following amount (subject to change at the sole discretion of the Sponsor): $10.00 USD per ticket. Once purchased, each Raffle ticket produces a counterfoil Raffle ticket in digital format (individually, an “Entry” and collectively, the “Entries”), which is then aggregated with all other Entries received by the Sponsor through all Entry Methods during the Raffle Period in preparation for the Drawing (defined below). When purchasing Raffle tickets within the App, the device-specific End User License Agreement governing your interaction with the App, and any service provider terms and conditions pertaining to Raffle ticket purchases made through the App, shall apply in addition to these Official Rules. When purchasing Raffle tickets through a Kiosk, you agree to the terms and conditions involving such transaction and any information collection practices of the service provider offering such service. You understand and agree that Sponsor is not responsible for the privacy practices or the content of its service providers and you use them at your own risk. The Sponsor and any related entities or service providers are not liable for any Entries which are lost, late, misdirected, incomplete, illegible, undelivered, or destroyed regardless of cause or person responsible including, but not limited to, any problem or technical malfunction of any computer, online system or server or technical problem or traffic congestion on the Internet.

5. DRAWING: Subject to any technical, software, or other unanticipated circumstance, one (1) Entry will be selected in a random drawing from among all eligible Entries received during the Raffle Period through all Entry Methods (the “Drawing”). The winning Entry will be notified by telephone, email and/or regular mail. 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.
DO NOT PURCHASE A RAFFLE TICKET IF YOU CANNOT LEGALLY OWN A FIREARM. IF YOU ARE THE WINNER OF THE RAFFLE AND CANNOT LEGALLY OWN THE FIREARM, YOU WILL BE DISQUALIFIED WITHOUT A REFUND AND A NEW WINNER WILL BE DRAWN AND ANNOUNCED. LIKEWISE, IF YOU ARE NOT A RESIDDENT OF THE UNITED STATES, OR ARE INELIGIBLE TO RECEIVE A PRIZE UNDER RELEVANT STATE, FEDERAL OR LOCAL LAWS/REGULATIONS, THE PRIZE WILL BE FORFEITED AND ANOTHER WINNER WILL BE CHOSEN.

6. CLAIMING THE PRIZE: Once informed of having won the Raffle, in order to claim the Prize, the Participant bearing the Raffle ticket that numerically corresponds with the winning Entry (a “Prize Claimant”) must contact Sponsor within Thirty [30] days of notification of winning, and must provide Sponsor within such thirty [30] days with the name, address, phone number and other contact information for a properly licensed FFL dealer to whom the firearm will be shipped, at no cost to the winner of the Raffle. THE WINNER WILL BE RESPONSIBLE FOR ANY AND ALL FEES OR OHER CHARGES IMPOSED BY THE FFL DEALER FOR FIREARMS TRANSFERS, AND/OR FEES AND CHARGES IMPOSED BY LOCAL LAW, RULES OR REGULTIONS, INCLUDING SALE OR VALUE TRANSFER FEE . 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; or (c) refuses the Prize, the Prize will be forfeited and will be retained by Sponsor.

7. 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. 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 the value of the Prize may have to be collected by Sponsor from Prize Winner upon award or distribution. Federal and state withholding laws are subject to change without notice. The withholding laws in effect at the time prize is claimed will be followed.

8. TRANSFER OF RAFFLE TICKET: Participants may NOT transfer, give, sell or otherwise assign their Raffle ticket to anyone . 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.

9. 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 participating 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 the Sponsor’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.

10. 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, its officers, directors, agents, attorneys and any and all others affiliated with and/or acting on behalf of Sponsor, all of its 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, 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: (a) any injury to the Participant (including death) or the Participant’s property that occurs in connection with participation in the Raffle, receiving and/or using or utilizing the Prize or any related activities; (b) any failure to report and pay any income taxes arising from acceptance of the Prize; and (c) 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.

11. 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 ANY ENTRY METHOD, IS AT YOUR SOLE RISK, AND SUCH ENTRY METHODS ARE 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 METHODS. THE RELEASED PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE ENTRY METHODS WILL MEET YOUR REQUIREMENTS OR (2) YOUR USE OF THE ENTRY METHODS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. IF YOU RELY ON ANY DATA OR INFORMATION OBTAINED THROUGH THE ENTRY METHODS, 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.

12. DISPUTES, GOVERNING LAW & ATTORNEY FEES: 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 of the Warren County, Ohio, and Participant hereby consents to the personal jurisdiction of such courts 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 VALUE OF THE PRIZE AWARDED TO ANY INDIVIDUAL PARTICIPANT IN THE RAFFLE . In the event any claim is brought pursuant to this paragraph 12, the prevailing party therein shall be entitled to its reasonable attorney fees and costs.

13. 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, or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. The Sponsor reserves the right to, at its sole discretion, cancel, suspend and/or modify the Raffle or these Official Rules or disqualify any individual, Participant, or Entry 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.

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