NO PURCHASE IS NECESSARY TO ENTER THIS SWEEPSTAKES. ODDS OF WINNING DEPEND UPON THE TOTAL NUMBER OF ELIGIBLE ENTRIES RECEIVED FOR EACH PRIZE. A DONATION OR DIRECT PAYMENT TO THE SPONSOR WILL NOT INCREASE YOUR CHANCES OF WINNING.
These rules (the "Official Rules") contain an arbitration agreement and class action waiver which affect your legal rights. It is strongly recommended that you review the rules in their entirety before entering the Sweepstakes.
The "Raise One for Arizona Restaurants Sweepstakes" (the "Sweepstakes") begins on May 15, 2020 at 10:00 a.m. MT (the "Sweepstakes Start Date") and ends on June 8, 2020 at 8:59 p.m. MT (the "Sweepstakes End Date") (such period referred to herein as the "Sweepstakes Entry Period"). All times are measured by Mountain Time (MT) in the United States.
SPONSOR: The Sweepstakes is sponsored by and for the benefit of the Arizona Restaurant Association Education Foundation (the "Sponsor"), a non-profit 501(c)(3) organization.
ELIGIBILITY: The Sweepstakes is only open to (a) residents of the State of Arizona; and (b) who are the age of majority being twenty-one (21) years of age at the time of entry. Entries are limited to individuals only; commercial enterprises and business entities are not eligible. By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by the terms and conditions stated in these Official Rules which shall be final and binding in all respects, agrees to be bound by the decisions of Sponsor, and warrants that she/he is eligible to participate in the Sweepstakes. Employees, independent contractors, officers, and directors of Sponsor and/or their respective affiliates, service providers, subsidiaries, advertising, promotion, fulfillment agencies, legal advisors, their immediate family members and persons living in the same household, are not eligible to participate in the Sweepstakes.
The Sweepstakes is void where prohibited and/or restricted by law and is subject to applicable federal, state and municipal laws and regulations.
HOW TO ENTER:
1) TO ENTER BY DONATING: Entrants may enter the Sweepstakes by visiting www.raiseoneforaz.com (the "Sweepstakes Website") during the Sweepstakes Entry Period and following the on-screen prompts. If you donate: $10.00 you will receive 5 entries; $25.00 you will receive 25 entries; $50.00 you will receive 75 entries; $100.00 you will receive 200 entries. Upon selecting a donation tier, entrants will also select the Prize draw they wish to have their entries entered into. If an entrant wants to be entered into a draw for an additional Prize, they must do so in a separate transaction. Entrants who donate $100 or more in one transaction will have their entries also entered into an additional draw for the Premium Prize. Entrants will receive an email confirmation at the email address provided on the Sweepstakes Website. All donations are final and non-refundable.
2) TO ENTER WITHOUT DONATING: Submit an email entry by e-mailing Sponsor at firstname.lastname@example.org with the following entry information:
Free entries that do not clearly provide all of the above-listed information will be deemed ineligible (as determined in Sponsor's sole discretion). There is no limit to the number of free entries submitted by an email address, but each video submitted must be unique and in a separate email message with all of the required information. Duplicate videos will automatically void the entry. All email entries must be received by 11:59 p.m. MT on June 5, 2020. Sponsor is not responsible for late, lost, delayed or damaged entries, or any technical issues that otherwise might prevent Sponsor's receipt of any free entries. Confirmation of receipt emails will not be sent.
Each successfully submitted email entry is worth 5 entries in the Sweepstakes (which corresponds to the same number of entries received for a $10 donation).
There is no limit to the number of entries any one person may have.
TRANSFER OF ENTRIES. Persons who receive entries into the Sweepstakes may opt to give away their entries to other eligible persons, but in doing so the entrant waives any claim he/she might otherwise have to the any Prize. Entrants may not sell their entries to other parties and may not knowingly transfer their entries to others for the purpose of allowing those other parties to sell such entries. All entries which have been sold in violation of these Official Rules shall be void. All individuals who sell, purchase or receive entries in violation of these Official Rules shall be ineligible to participate in the Sweepstakes or to win a Prize. A Winner may transfer his/her entry to a third party provided that the following conditions are met: (a) the transferee would have otherwise been eligible to enter the Sweepstakes, age twenty-one (21) or older and located in the State of Arizona); (b) the transferor shall be responsible for all taxes and costs described in these Official Rules; (c) the transfer is made without any consideration, financial or otherwise, and (c) the transferor and transferee shall be bound by all terms and conditions of these Official Rules that are applicable to the entrants and Winners.
PRIZES: All prizes collectively referred to as "Prizes" and each Prize individually referred to as a "Prize."
One (1) Premium Prize Winner* will receive a Super Bowl LVII prize package including: Two (2) tickets to Super Bowl LVII in Glendale, AZ on a yet to be determined date in February, 2023, One (1) night hotel accommodation in the Greater Metropolitan Phoenix area and Two (2) Pre-Game Hospitality Tickets, transportation is not included (Total Approximate Retail Value: $20,000). *Must be 21 years or older to win.
Six (6) Winners will each receive one autographed Arizona Cardinals jersey (player to be determined by the Arizona Cardinals) (Approximate Retail Value: $180 per jersey)
Six (6) Winners will each receive one autographed Arizona Cardinals helmet (player to be determined by the Arizona Cardinals) (Approximate Retail Value: $100 per helmet)
Four (4) Winners* will each receive Two (2) tickets for the Bud Light Couch in the Red Zone to One (1) TBD regular season Arizona Cardinals home game including, Two (2) pre-game on field passes and Two (2) Arizona Cardinals Jerseys (Approximate Retail Value: $550 per prize). *Must be 21 years or older to win.
Two (2) Winners will each receive One (1) Pair of Arizona Cardinals regular season tickets in the Red Zone for the next full NFL season as determined by the NFL. (Approximate Retail Value: $2300 per prize)
Eight (8) Winners will each receive Two (2) single game tickets in the Red Zone to One (1) TBD regular season Arizona Cardinals Home Game (Approximate Retail Value: $145 per prize)
Two (2) Winners will each receive Four (4) single game Club Level tickets to One (1) TBD regular season Arizona Cardinals Home Game (Approximate Retail Value $720 per prize)
One (1) Winner* will receive Ten (10) pre-season loft tickets to a TBD Arizona Cardinals Home Game including Food and Beverage (Approximate Retail Value: $9,750). *Must be 21 years or older to win.
One (1) Winner will receive a 2021 Arizona Cardinals VIP Training Camp Experience including, food and beverage, seating in an exclusive VIP viewing area, Two (2) Arizona Cardinal Jerseys, Two (2) Arizona Cardinal hats and a meet and greet with TBD Arizona Cardinal personnel (players and/or coaches). (Approximate Retail Value: $1,000)
Two (2) Winners* will each receive Fifteen (15) Pool Suite Tickets at Chase Field to One (1) TBD Arizona Diamondbacks Regular Season Home Game including Food and Beverage (Approximate Retail Value: $3,000 per prize). *Must be 21 years or older to win.
One (1) Winner* will receive Fourteen (14) Suite tickets at Chase Field to One (1) TBD Arizona Diamondbacks Regular Season Home Game including Food and Beverage (Approximate Retail Value: $3,000). *Must be 21 years or older to win.
Three (3) Winners* will each receive Ten (10) tickets in the Four Peaks Draft Room to One (1) TBD Arizona Diamondbacks Regular Season Home Game at Chase Field as determined by the Arizona Diamondbacks, a limited number of beverages will be included . (Approximate Retail Value: $3,000 per prize). * Must be 21 years or older to win.
Three (3) Winners will each receive One (1)Arizona Diamondbacks Autographed Jersey (player to be determined by the Arizona Diamondbacks). (Approximate Retail Value: $180 per prize)
Six (6) Winners will each receive One (1) Arizona Diamondbacks Autographed Baseball (player to be determined by the Arizona Diamondbacks). (Approximate Retail Value: $100 per prize)
One (1) Winner and his/her guest will receive the opportunity to have lunch with a TBD Arizona Diamondbacks Alumni (Alumni to be determined by the Arizona Diamondbacks). Winner will also receive Two (2) Replica Arizona Diamondbacks jerseys and Four (4) Dugout Box tickets and One (1) parking pass to a TBD Arizona Diamondbacks Regular Season Home Game (subject to black out and availability). (Approximate Retail Value: $1,150).
One (1) Winner and Three (3) guests will receive the opportunity to meet Arizona Diamondbacks Manager Torey Lovullo prior to a TBD Arizona Diamondbacks Regular Season Home Game, including a private tour of Chase Field and the opportunity to watch batting practice prior to the game and Four (4) Dugout Box tickets to the game. (Approximate Retail Value: $1,550).
One (1) Winner* will receive Four (4) Lower Level tickets to a mutually agreed upon Phoenix Suns Regular Season Home Game, including a private tour of the renovated arena from Alvin Adams (or other Phoenix Suns personnel), the opportunity to watch the pre-game shoot around from the court, a professional photograph of the winner and guests on the court, One (1) autographed Phoenix Suns Jersey, Dinner for Four (4) in a TBD location inside the newly renovated arena and Four (4) post-game passes. (Approximate Retail Value: $1,500). *Must be 21 years or older to win and attend.
One (1) Winner* will receive One (1) Devin Booker autographed Phoenix Suns Jersey and One (1) Deandre Ayton autographed Phoenix Suns Basketball (Approximate Retail Value: $280). *Must be 21 years or older to win
One (1) Winner* will receive the opportunity to compete against Phoenix Rising Midfielder, Kevon Lambert (or other player as determined by Phoenix Rising Management) in a FIFA 20 Virtual Soccer Game Match. (Approximate Retail Value: $0). *Must be 21 years or older to win.
One (1) Winner* will receive Four (4) VIP passes to One (1) TBD Phoenix Rising Match, including One (1) customized jersey, Four (4) pregame field access passes and an opportunity for postgame player autographs and photos. (Approximate Retail Value: $1,000). *Must be 21 years or older to win.
Four (4) Winners* will each receive Four (4) Estrella Jalisco Rooftop tickets to a TBD regular season Phoenix Rising Home Game and Four (4) Phoenix Rising Jerseys. (Approximate Retail Value: $580 per prize). *Must be 21 years or older to win and attend.
One (1) Winner* and Two (2) guests will have the opportunity to play One (1) Round of Golf with former NHL player, Shane Doan at a mutually agreed upon Golf Course on a TBD date, including One (1) Shane Doan Autographed Memorabilia item. (Approximate Retail Value: $1,000). *Must be 21 years or older to win.
One (1) Winner will receive a Stewart-Haas Racing Kevin Harvick VIP Experience on a TBD date in Avondale, Arizona, including: Two (2) Grandstand Tickets, Two (2) Hot Pit Passes, Two (2) Infield Passes, a private behind the scenes tour of the NASCAR Garage, meet & greet with NASCAR driver Kevin Harvick and a Kevin Harvick T-Shirt and Hat. (Approximate Retail Value: $1434)
Four (4) Winners will each receive One (1) Four Peaks Saloon Reserved Table at the Charro Lodge at a TBD Cactus League Spring Training Game including food and beverage. (Approximate Retail Value: $400 per prize).
One (1) Winner* will win a Clydesdale Experience at a TBD Cactus League Spring Training Game, including Four (4) Game Tickets, the opportunity to sit on top of the Budweiser Clydesdales with the Hitch Master prior to the TBD Game and Four (4) VIP tickets to the Charro Lodge at Scottsdale Stadium. (Approximate Retail Value: $500). *Must be 21 years or older to win and must sign a waiver to participate.
Four (4) Winners, plus Three (3) guests each will win the opportunity to visit the Iconic Budweiser Clydesdales in Phoenix including a tour of the stables on a mutually agreed upon date. (Approximate Retail Value: $0).
One (1) Winner* will receive Two (2) 1899 Club Tickets per day (Thursday through Sunday) to the Charles Schwab Cup Championship in Phoenix, AZ on TBD Dates including all-inclusive premium food and beverage and Two (2) Premium Parking Passes valid Thursday through Sunday. (Approximate Retail Value: $3,375). *Must be 21 years or older to win.
One (1) Winner* and One (1) guest will receive the opportunity to be an Honorary Observer for One (1) day at the Charles Schwab Cup Championship in Phoenix, AZ on a TBD Date. This experience includes an introduction on the 1st Tee as the Honorary Observer, the opportunity to walk the full round inside-the-ropes while the PGA Tour Champions Players compete. Winner will also receive an official photo with the PGA Tour Champions professional and championship trophies. (Approximate Retail Value: $2,500). *Must be 21 years or older to win.
One (1) Winner and Three (3) guests will receive the opportunity to play in the Cologuard Classic Pro-Am with a PGA Tour Champions Player, you will be paired with one of the participants of the Cologuard Classic and will receive a behind the ropes experience on a TBD date. (Approximate Retail Value: $14,000).
One (1) Winner will receive Four (4) General Admission tickets to the Cologuard Classic each day (Friday-Sunday) and Four (4) passes to the Conquistador Club including $100 in Food and Beverage. (Approximate Retail Value: $1,100).
One (1) Winner will receive Four (4) General Admission tickets Thursday tickets, Four (4) VIP Badges, a table for Four (4) in the Bidder Area, Access to the Auction Block and $100 in Food and Beverage at the Russo and Steele Car Auction on a TBD date. (Approximate Retail Value: $2,500).
One (1) Winner* will receive a Four Peaks Brewery Experience for Four (4), including a private tour at the original brewery in Tempe, Arizona on a mutually agreed upon date, followed by a lunch with food and beverages. (Approximate Retail Value: $250). *Must be 21 years or older to win and attend.
CONDITIONS FOR ALL PRIZES: No substitution of any Prize is permitted. Any and all federal and/or state tax liabilities that result from acceptance of all or any portion of any Prize, as well as any other fees, costs and expenses not specified herein as being awarded, are the sole responsibility of the Winner of that Prize unless otherwise specified herein. All fees, costs and expenses not specified in the Prize description as being awarded (including but not limited to meals, beverages, transportation and incidentals), are the sole responsibility of the Winner.
Lost or stolen tickets, vouchers or certificates or similar items once they are in the possession of the Winner (and/or guest if applicable), will not be replaced. Inappropriate activity or behavior by Winner (and/or guest if applicable) before or during any Prize, may result in the termination of that Prize, in whole or in part. Sponsor is not responsible if the Winner and/or guest do not use any portion of the Prize including but not limited to event tickets for any reason.
In the event a Prize is subject to delays, substitutions, discontinuations, and/or availability issues or other restrictions or circumstances beyond Sponsor's control as determined by Sponsor in its sole discretion, Winner shall be provided with cash value of Prize or a Prize of equivalent value in the Sponsor's sole discretion.
If a Winner is not able to partake in the Prize they have won for any reason, Winner shall forfeit the Prize and Sponsor may, but is not required to, elect to randomly select an alternative Potential Winner from all remaining eligible entries received for that Prize.
In addition to Winner requirements (as provided in these Official Rules), guest of the Winner (where applicable) must also complete and return liability release and publicity release (except where prohibited by law) in order take part in Prize.
ADDITIONAL CONDITIONS FOR PREMIUM PRIZE: Premium Prize Winner and guest must comply with all hotel check-in requirements, including, but not limited to, the presentation of a payment card for incidental expenses which are the responsibility of Winner.
TRANSFER OF PRIZES: A Winner may transfer his/her Prize to a third party provided that the following conditions are met: (a) the transferee would have otherwise been eligible to enter the Sweepstakes, age twenty-one (21) or older and resident of the State of Arizona); (b) the transferor shall be responsible for all taxes and costs described in these Official Rules; (c) the transfer is made without any consideration, financial or otherwise, and (c) the transferor and transferee shall be bound by all terms and conditions of these Official Rules that are applicable to the Winners, including but not limited to Prize conditions, verification conditions and liability releases.
ODDS OF WINNING: The odds of winning a Prize depend on the total number of eligible entries received for that particular Prize during the Sweepstakes Entry Period. There is no limit to the number of entries the Sponsor may receive for any Prize.
SELECTION OF WINNER: On or about June 9, 2020 (the "Drawing Date"), Sponsor will select the potential Sweepstakes winners ("Potential Winners") for each of the Prizes in accordance with these Official Rules. The Potential Winners of each Prize draw will be selected by random drawing using a random number generator algorithm from all eligible entries received by the Sponsor for that particular Prize during the Sweepstakes Entry Period. The Potential Winners will be notified by email and/or by telephone shortly after the Drawing Date, using the email address or telephone number provided with the selected entry, and will be conditionally awarded the specified Prize they entry was drawn for subject to verification of eligibility and compliance with the terms and conditions of these Official Rules. If a Potential Winner does not respond within 72 hours after the first notification attempt, or if the prize notification is returned as undeliverable, or if the Potential Winner fails to provide the necessary information to confirm the Potential Winner's identity and eligibility to receive the Sweepstakes Prize, such Potential Winner may be disqualified and the Sponsor may, in its sole discretion, select an alternate Potential Winner to be selected by a random drawing from among the remaining eligible entries. The notification will include instructions for how to contact the Sponsor to provide name, address and other information that may be required to complete validation of eligibility and delivery of the Sweepstakes Prize. No liability is assumed for any winner notification that is lost, intercepted or not received by a Potential Winner for any reason. In the event that a Potential Winner is disqualified for any reason, the Sponsor may, in its sole discretion, award that Prize to an alternate Potential Winner who will be selected by a random drawing from among the remaining eligible entries for that Prize. The selected Potential Winner must execute all consents as provided by applicable law.
VERIFICATION OF POTENTIAL WINNER: Each Potential Winner is subject to verification by the Sponsor. Sponsor's decisions are final and binding in all matters relating to the administration, operation, selection of the Potential Winner, and all other matters related to the Sweepstakes. An entrant is not a winner of any prize unless and until the entrant's eligibility and compliance with these Official Rules has been verified by the Sponsor, in its sole discretion, and the entrant has been notified that verification is complete. The Potential Winner may be required to complete and return an Affidavit of Eligibility, Release of Liability and/or Publicity Release in the form(s) provided by Sponsor or Sponsor's Attorneys (collectively, the "Affidavit"), as well as Tax Identification forms by the date specified by Sponsor, or such Potential Winner will be disqualified and an alternate Potential Winner may be selected in accordance with these Official Rules. In the event that (a) Potential Winner cannot be reached 72 hours of initial notification from Sponsor, or for whatever reason after a reasonable effort has been exerted, or the Potential Winner notification or Affidavit is returned as unclaimed or undeliverable; (b) Potential Winner declines or cannot accept, receive or use the Prize for any reason; (c) Potential Winner is found to be ineligible to enter the Sweepstakes or receive the Prize; (d) Potential Winner did not, cannot or does not comply with these Official Rules; or (e) Potential Winner fails to fulfill the Affidavit-related obligations, then the Potential Winner shall be disqualified from the Sweepstakes and an alternate Potential Winner may be randomly selected, at Sponsor's sole discretion, from among the remaining eligible entries received for that particular Prize. Sponsor reserves the right to modify the notification and Affidavit procedures in connection with the selection of an alternate Potential Winner, if any. A Potential Winner will be declared the winner of a Prize ("Winner") when all of the conditions of these Official Rules are fulfilled to the satisfaction of Sponsor, in its sole discretion. In the event of a dispute as to the identity of the entrant, any online entry will be deemed submitted by the authorized account holder of the e-mail account provided to the Sponsor at the time of entry, provided such account holder still meets the eligibility requirements for the Sweepstakes. The authorized account holder shall be the natural person to whom the applicable email address has been assigned by the Internet access provider, service provider, or other online organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
WINNERS LIST: A Winners List will be available by sending a self addressed stamped envelope postmarked between June 15, 2020 and July 6, 2020 to: Raise One For Arizona Restaurants, c/o KMVP, Arizona's Sports Station, 7740 N. 16th Street, Suite 200, Phoenix, AZ 85020.
TAXES: Any taxes which are payable on, or connected with, the receipt of a Prize are solely the responsibility of the Winner of that Prize and must be paid by that Winner in accordance with applicable federal, state and/or local tax laws. The Winner will be issued a Form 1099-MISC for the fair market value of the Prize that they have won. If you are a Winner, it is important that you determine what federal, state or local taxes you must pay. Each Winner is encouraged to consult with an accountant or tax preparer to make that determination. A shared Prize claimed by multiple persons shall not reduce any applicable withholding on the total amount awarded and the Sponsor will not be responsible for allocating any applicable withholding, tax, fee, assessment and the like among and between the multiple claimants of a shared prize.
Nothing shall be construed such that either Sponsor, or any of their charitable partners, licensors and suppliers, and each of their respective parents, affiliates, subsidiaries, partners, and advertising and promotion agencies, service providers and all of their respective officers, directors, employees, representatives, shareholders, members, consultants and agents, is in any way liable for any Winner's tax liability that may be created when that Winner claims a Prize.
RELEASE OF LIABILITY: By participating in the Sweepstakes, each entrant agrees to the full extent allowed by applicable law to: (a) comply with and be bound by these Official Rules and the decisions of Sponsor, which are binding and final in all matters relating to this Sweepstakes; (b) defend, indemnify, release and hold harmless the Sponsor, and their respective parent, subsidiary, and affiliates and affiliated companies, service providers, prize providers, partners and any other person and organization responsible for sponsoring, fulfilling, administering, advertising or promoting the Sweepstakes, and all of their respective past and present officers, directors, employees, agents, attorneys and representatives, and their successors and assigns (collectively, the "Released Parties") from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to, invasion of privacy, defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to an entrant's entry, creation of an entry or submission of an entry, participation in the Sweepstakes, travel, lodging, acceptance, possession, attendance at, defect in, delivery of, inability to use, use or misuse of any Sweepstakes Prize, or any portion thereof (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry. Winner acknowledges that all prizes are awarded "as-is" and the Sponsor expressly disclaims any warranties, express or implied, including but not limited to the warranties of merchantability and fitness for a particular purpose, relating to any Prize in any way. Released Parties (i) make no warranty, guaranty or representation of any kind concerning any prize and/or experience (or any portion thereof); and (ii) disclaims any representations, express or implied, of any type, kind, character or nation, including without limitation merchantability or fitness for a particular purpose. The Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
PUBLICITY RELEASE: Except where prohibited or restricted by law, the Sweepstakes Winner's acceptance of a Prize constitutes that Winner's agreement, permission and consent for Sponsor and any of their designees to use and/or publish the Winner's full name, city and state or territory of residence, photographs or other likenesses, pictures, portraits, video, voice, testimonials, and/or statements made by the Winner and/or guest regarding the Sweepstakes or otherwise, worldwide and in perpetuity for any and all purposes, including, but not limited to, advertising, publicity, trade and/or promotion on behalf of Sponsor, in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, electronic, cable, or World Wide Web, without further limitation, restriction, compensation, notice, review, or approval.
GENERAL CONDITIONS: The Released Parties shall not have any obligation or responsibility, including any responsibility to award any prize to entrants, with regard to: (a) entries that contain inaccurate information and/or do not comply with and/or violate these Official Rules; (b) entries, prize claims and/or notifications from the Sponsor or entrant that are lost, late, incomplete, illegible, unintelligible, damaged and/or otherwise not received by the intended recipient, in whole or in part, due to computer, human and/or technical error of any kind; (c) entrants who have committed fraud and/or deception in entering and/or participating in the Sweepstakes and/or claiming any Prize; (d) telephone, electronic, hardware, software, network, Internet and/or computer malfunctions, delays, failures and/or difficulties; (e) any inability of the any Winner to accept the any Prize for any reason; (f) if a Prize cannot be awarded due to delays and/or interruptions due to Acts of God, natural disasters, terrorism, weather and/or any other similar event beyond Sponsor's reasonable control; or (g) any damages, injuries and/or losses of any kind caused by and/or resulting from awarding, acceptance, possession, use, misuse, loss and/or misdirection of any Prize and/or resulting from participating in this Sweepstakes and/or any promotion and/or Prize related activities. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be (x) tampering with the entry process and/or the operation of the Sweepstakes, the Sweepstakes Website, and/or with any website promoting the Sweepstakes; (y) acting in violation of these Official Rules; or (z) entering and/or attempting to enter the Sweepstakes multiple times in violation of these Official Rules through the use of any robotic and/or automated devices to submit entries. If Sponsor determines, in its sole discretion, that technical difficulties, malfunction, error, disruption and/or damage and/or other unforeseen events compromise the administration, security, fairness, integrity, proper conduct or viability of the Sweepstakes, Sponsor reserves the right to void the entries at issue, and/or terminate the relevant portion of the Sweepstakes, including the entire Sweepstakes, and/or modify the Sweepstakes and/or award the Sweepstakes Prize from all eligible entries received as of the termination date. Sponsor reserves the right to suspend, modify and/or cancel the Sweepstakes before the scheduled Sweepstakes End Date. In the event the Sweepstakes is cancelled, all entries into such Sweepstakes will be deemed null and void, all donations will be refunded to the donors thereof, no winners will be selected and no Sweepstakes Prizes will be delivered.
CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE ANY WEBSITE OR APP ASSOCIATED WITH THE SWEEPSTAKES OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR WILL DISQUALIFY ANY SUCH ENTRANT, AND THE SPONSOR AND ITS RESPECTIVE AGENTS RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS' FEES) AND OTHER REMEDIES FROM ANY PERSON OR PERSONS RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
Entries generated by a script, macro or other mechanical or automated means will be disqualified. 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 determined by the Authorized Account Holder (defined below) of the e-mail address submitted at the time of entry, provided he/she is otherwise 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.
GOVERNING LAW; SEVERABILITY; WAIVER: The Sweepstakes and these Official Rules shall be subject to and governed by the laws of the State of Arizona. If a court of competent jurisdiction finds any provision of these Official Rules, or their application to a particular person or circumstances, is invalid or unenforceable to any extent, then the remainder of these Official Rules, and the application of all of these Official Rules to other persons or circumstances, shall not be affected by that determination, and shall remain enforceable to the fullest extent permitted by law. The failure of Sponsor to enforce at any time any provision of the Official Rules shall not be considered a waiver of such provision or any other provision and shall not deprive Sponsor of the right thereafter to enforce such provision or any other provision.
MANDATORY ARBITRATION AGREEMENT; CLASS ACTION WAIVER: Any claim, other than a claim by Sponsor, that is not resolved informally must be resolved in accordance with the below arbitration provisions. Unless prohibited by federal law, each entrant, including, without limitation, any Potential Winner or Winner, agrees to arbitrate any and all claims and disputes relating in any way to such entry or the selection of a Potential Winner or Sweepstakes Winner, or delivery or awarding of the Sweepstakes Prize ("Arbitration Claims"), except for Arbitration Claims concerning the validity, scope or enforceability of this arbitration provision, through BINDING INDIVIDUAL ARBITRATION. This Arbitration Agreement involves interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 ("FAA"), and not by state law.
In any Arbitration Claim to be resolved by arbitration, neither the entrant nor Sponsor will be able to have a court or jury trial or participate in a class action or class arbitration. Other rights that entrant and Sponsor would have in court will not be available or will be more limited in arbitration, including the right to appeal. Entrants waive the right to a court or jury trial. All disputes shall be arbitrated on an individual basis, and not as a class action, representative action, class arbitration or any similar proceeding. The arbitrator(s) may not consolidate the claims of multiple parties. The arbitrator's authority is limited to entrant and Sponsor alone, unless otherwise specifically stated herein. No arbitration decision will have any preclusive effect as to non-parties. The arbitrator's decision shall be final and binding. The parties agree that this arbitration provision extends to any other parties involved in any Arbitration Claims, including, but not limited to, the Released Parties. This arbitration provision shall take precedence over the rules of the arbitration organization or arbitrator in the event of any conflict.
The cost of the arbitration shall be shared equally by Sponsor and entrant, but Sponsor and entrant shall bear their own costs and attorney's fees associated with their participation in the arbitration. Notwithstanding any other provision herein, if the foregoing class action waiver and prohibition against class arbitration is determined to be invalid or unenforceable, then this entire arbitration provision shall be void. If any portion of this arbitration provision other than the class action waiver and prohibition against class arbitration is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this arbitration provision.
Prior to initiating an arbitration proceeding under this provision, entrant shall give Sponsor written notice of the Arbitration Claim (a "Claim Notice") and a reasonable opportunity, not less than thirty (30) days, to resolve the Arbitration Claim. Any Claim Notice to Sponsor shall be sent by mail to the Raise One For Arizona Restaurants, c/o KMVP, Arizona's Sports Station, 7740 N. 16th Street, Suite 200, Phoenix, AZ 85020. Any Claim Notice must (a) identify the entrant by name, address, email address, and telephone number; (b) explain the nature of the Arbitration Claim and the relief demanded; and (c) be submitted only on behalf of entrant, and not on behalf of any other party. Entrant must reasonably cooperate in providing any information about the Arbitration Claim that Sponsor reasonably requests and must give Sponsor a reasonable opportunity to respond to the demand for relief. The provisions of this section shall not apply to claims by Sponsor.
NOTICE: Sponsor reserves the right to prosecute and seek damages against any individual who attempts to deliberately undermine the proper operation of the Sweepstakes in violation of these Official Rules and/or criminal and/or civil law.
COPYRIGHT: All Sweepstakes materials are the property of the Sponsor and may not be copied, reproduced or used for any purpose without Sponsor's express prior written consent.
Copyright 2020 Arizona Restaurant Association All rights reserved.
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