2019 Super Bowl Raffle Official Rules and Terms and Conditions

The following constitutes the official rules, terms and conditions (collectively the “T&C”) that govern the Dallas Margarita Society, Inc.’s (d/b/a Dallas Children’s Charities, ”DMS”) 2018-2019 Super Bowl Raffle (the “Raffle”).

1. RAFFLE PERIOD, ENTRANTS AND TICKETS. The Raffle begins on July 13, 2018 and ends on November 17, 2018 at or about 9:00p.m. (CST)(the “Raffle Period”). The Raffle is open to anyone twenty-one (21) years of age or older (each, an “Entrant”). The Raffle is conducted under Texas Law and is void outside the state of Texas and wherever else restricted or prohibited by law. The maximum number of three hundred (300) Raffle tickets will be sold (each, a “Ticket”) during the Raffle Period. The odds of winning the Grand Prize or any First and/or Second Prize(s) are dependent upon the total number of Tickets sold during the Raffle Period. By their purchase, each Entrant acknowledges and agrees to these T&C, and further, that the Raffle Tickets do not have a cash value (also meaning that, once purchased, the Tickets are not subject to any type of refund, return, or exchange and are not transferrable).
2. A PURCHASE IS REQUIRED TO ENTER AND WIN THE RAFFLE. In order to be able to participate for a chance to win the Grand Prize or a First or Second Prize(s) in the Raffle, Entrants must purchase a Ticket. Tickets are available at the cost of three hundred dollars ($300.00) each. A ticket may be purchased by cash, credit card, debit card, cashier’s check or money order (noting that payment by check may only be allowed upon DMS’s sole and absolute discretion). Upon purchasing a Ticket, Entrants must fully and legibly complete the information part of the Ticket (the “Stub”) in its entirety, including his/her first and last name, address, email and valid telephone number (with area code). Completed Stubs must be submitted to the DMS representative from whom the Ticket was purchased. If secured through the DMS website, your Stub will be completed by a relevant DMS representative and confirmation thereof delivered or e-mailed to you directly. Each Stub is considered one (1) entry into the Raffle. Each entry into the Raffle constitutes an equal chance to win. An Entrant is not required to purchase more than one Ticket and/or pay for anything other than the Ticket in order to participate in the Raffle. There is no limit to the number of Tickets a person may purchase during the Raffle Period.
3. INVITATION TO ATTEND THE 2018 DMS MARGARITA CHARITY BALL. Along with the Ticket, each Entrant will receive one (1) invitation (an “Invitation”) to the 2018 DMS Margarita Charity Ball, which will occur on November 17, 2018 (the “Ball”). Each Invitation will allow entry to the Ball to Entrant and his/her guest — Entrant acknowledges and agrees that attendance to the Ball is subject to its own, additional and separate terms and conditions (all of which are set out in the Invitation and at DMS’s website, www.dallasmargaritysociety.org). Entrant and guest must be over 21 to attend the Ball.
4. PRIZES. All prizes are deemed to have no cash value. The Raffle Prizes are as follows:

5. SELECTION OF WINNERS. Respectively, one (1), one hundred and fifty (150), and one hundred and forty-nine (149) Grand, First and Second Prize winner(s) will be selected from all eligible entries received during the Raffle Period in a random drawing to be conducted between 9 and 10 p.m. on November 17, 2018 at the Ball (specific location at the Ball: TBD). Odds of being selected as the Grand Prize or other prize winner will depend on the total number of Tickets purchased and Stubs received; prizes are non-transferrable. The random drawing will be conducted by John Brandon, DMS Director and Raffle Chairman whose decisions germane to any aspect of the random drawing shall be based upon their sole discretion and interpretation of these T&C and are final and binding in all respects. The Grand Prize or other Prize winners need NOT be present to win, noting however that receipt of any prize is conditioned on compliance the entirety of this T&C.
6. GRAND PRIZE WINNER SELECTION. The potential Grand Prize winner will be notified the night of the Ball. The following arrangements will be made (by the relevant DMS liaison in conjunction with the Grand Prize Winner) the week following the Ball: (a) purchase of airfare, and (b) selection by the Grand Prize Winner of: (i) a 3 Star Hotel, and (iii) the 3 VIP Pre-Parties. The autographed game day jersey is expected to be delivered to the Grand Prize winner approximately three (3) months after the Super Bowl. It is expected that the tickets to the Super Bowl will be hand-delivered to the Grand Prize winner the day before the Super Bowl. In all cases, DMS and any affiliated persons or entities shall not be responsible for certain actions expected of/by the Grand Prize winner, including but not limited to, arriving on time for any relevant flight (not missing any flight) or losing, misplacing any relevant ticket (after delivery to winner) or the Ball Invitation. Nonetheless, if not present at the Ball, the potential Grand Prize winner will be notified by telephone, email and/or text. In the event that the potential Grand Prize winner fails to contact the relevant DMS liaison after three (3) such contact efforts or within three (3) business days after the Ball, or it is determined by DMS that the potential Grand Prize winner is not eligible in accordance with these T&C, an alternate Grand Prize winner will be selected at random from among the remaining Non Grand Prize Winning eligible entries received during the Raffle Period and he/she will be notified as outlined in this paragraph until one (1) Grand Prize winner is confirmed. Once confirmed, the Grand Prize winner shall be required to complete the Release more fully described in para. 8, below.
7. FIRST AND SECOND PRIZE WINNER SELECTION. The potential First and Second Prize winners will be selected the night of the Ball as follows: after the Grand Prize Winner is selected, then: (i) the next (up to 150) Stubs will be First Prize Winners, and (ii) the subsequent next (up to 149) Stubs chosen will be Second Prize Winners. While the First and Second Prize winners do not need to be present to win, they must pick up their Prize(s) on November 18, 2018 at the Ball’s Silent Auction Check Out Area between the hours of 9 a.m. to Noon. Any First or Second Prize winner(s) that fail(s) to pick up their First or Second Prize on November 18, 2018 will be contacted via text, email or phone to be given information as to where to pick up their First or Second Prize—noting that for such First or Second Prize winners that did not pick up their prize at the check-out place and time described in this para. 7, a handling charge/fee may or shall apply at DMS’ sole discretion. Any Entrant that is under twenty-one (21) years of age shall not eligible to receive a First Prize; accordingly, any such winning Entrant shall be deemed to be only entitled to (and receive, in its stead) a Second Prize all at DMS’ sole and absolute discretion. Nonetheless, in the event that the potential First or Second Prize winner fails to pick up their Prize within 30 days from the day notified (or it is determined by the DMS that the potential First or Second Prize Winner is not eligible in accordance with these T&C), the Prize will be deemed unclaimed/rejected and will become the property of and revert back to DMS to be utilized or disposed of in DMS’ sole discretion.
8. ELIGIBILITY/LIABILITY/PUBLICITY RELEASE BY GRAND PRIZE WINNER. Once the notification to the Grand Prize winner is complete, the winner shall be required to sign and return to the relevant DMS liaison (and within three (3) calendar days of receipt of same by Grand Prize winner, the affidavit of Eligibility/Liability/Publicity Release form (the “Release”) in order to claim the Grand Prize. If the potential Grand Prize winner refuses or fails to sign and/or return the Release within three (3) calendar days from winner’s receipt of same, then such potential Grand Prize winner shall forfeit his/her right to the Grand Prize and an alternate Grand Prize winner will be selected at random from among the remaining First or Second Prize winners (noting that the procedure outlined in para(s). 5 and 6 will be followed (or any other procedure determined by DMS in its sole and absolute discretion) until one (1) Grand Prize winner is confirmed). Nonetheless, the Release must be completed and returned to the DMS Liaison prior to delivery of any part of the Grand Prize. Acceptance of the Grand Prize constitutes permission for DMS and/or its designees to use the Grand Prize winner’s name, address, photograph, testimonial or other likeness and/or Grand Prize information or personal exposition (and/or any edited portion thereof) for promotional, advertising and/or publicity purposes in any media, now or hereafter known throughout the world in perpetuity, without compensation or notice to, or further consent of, the Grand Prize winner to the greatest extent permitted by law.
9. CONDITIONS OF PARTICIPATION. By participating in this Raffle, each Entrant acknowledges and certifies their acceptance of every rule, term and condition set out in these T&C, agrees to be bound by any decision of DMS or any relevant third-party individual or entity and warrants that Entrant is eligible to participate in this Raffle and that they will provide proper and acceptable identification for/prior to receipt of any prize. By participating, Entrants hereby release and agree to hold harmless DMS all relevant third-party individual or entity and each of its officers, directors, managers, employees, subsidiaries, affiliates, agents, members, insurers, successors, and representatives (collectively, the “Released Parties”) from and against, including without limitation, from any claim or cause or action and all liability, loss or damages arising from, or in connection with and without limitation, the awarding, receipt, enjoyment, and/or use or misuse of any Prize or participation in any Prize-related activity or action of any kind. DMS reserves the right, at its sole discretion, to cancel, terminate, modify, or suspend the Raffle and conduct the Raffle in a manner which, in its sole discretion, is fair, appropriate and consistent with these T&C. Notice of such action by DMS will be posted on its website. In such an event, DMS reserves the right to award any prize, at random, from among the eligible entries received up to the time of impairment. DMS reserves the right, in its sole discretion, to disqualify any individual it finds in violation of these T&C. DMS reserves the right to disqualify or reject any incomplete, inaccurate or false entry.
10. LIMITATIONS OF LIABILITY. The Released Parties are not responsible for: (a) unauthorized human intervention in any part of the entry process or the Raffle; (b) electronic or human error which may occur in the administration of the Raffle or the processing of entries; (c) any property loss, damage, personal injury or death, in connection with the Prize provided pursuant to this Raffle and/or any person’s participating in the Raffle; (d) any printing or typographical errors in any Raffle-related materials; (e) stolen, lost, late, misdirected, corrupted, incomplete, or indecipherable entries or the unavailability or inaccessibility of any transmissions, telephone, wireless device carrier networks, or internet service (if applicable); or, (f) technical failures of any kind, including but not limited to the malfunctioning of any computer, mobile device, cable network, hardware or software. The Raffle is subject to all federal, state and local laws and regulations.
11. LIABILITY FOR ANY TAX IS THE SOLE RESPONSIBILITY OF RAFFLE WINNER. Each of the Grand, Second and Third Prizes constitutes taxable income to a respective winner. Accordingly, each winner of any prize here under will be solely responsible for all applicable state and federal income taxes and reporting of same. The Internal Revenue Service takes the position that no portion of the Raffle Ticket price may be deductible as a charitable contribution when filing federal income taxes. A prize is considered ordinary income by the IRS.
12. GOVERNING LAW AND SOLE VENUE. This Raffle will be governed by Texas law. Any and all legal actions or claims arising in connection with this Raffle must be brought in a court of competent jurisdiction in Dallas County, Texas and any party thereto explicitly hereby waives any trial by jury. Except where prohibited by law, each Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Raffle or any prize awarded shall be resolved individually, without resort to any form of class action, (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorney’s fees, (iii) no punitive, incidental, special, consequential or other damages, including without limitation, lost profits, may be awarded (collectively, “Special Damages”), and (iv) Entrant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased.