Terms and Conditions

 

 “Any sponsorship package purchased after November 16^th, 2019 must be picked up at the Will Call Desk prior to midnight November 23^rd, 2019.  All sales are final upon the conclusion of the purchase on the website, and DMS adheres to a strict no return or exchange policy. ”

This Sponsorship Agreement (“Agreement”), which includes the form to which it is appended (“Application”), is made by the Dallas Margarita Society, Inc. d/b/a Dallas Children’s Charities (”DMS”) and the party or parties (singularly or collectively “Sponsor”) named on the Application, effective as of the date Sponsor submits the Application and continuing until the end of the then current calendar year (“Sponsorship Period”).

Sponsor’s electronic submission of the Application has the same binding effect as if Sponsor directly signed and submitted a physical copy of the Application and this Agreement. By submitting an Application, electronically or otherwise, and intending to be bound by the terms of this Agreement, for adequate consideration which receipt is hereby acknowledged, Sponsor agrees to the preceding and as follows:
1. DEFINITIONS. In addition to the defined terms above, other capitalized terms used herein shall have the following meanings:
a. “Sponsor” means any entity, individual, or group submitting an Application that is accepted by DMS.
b. “Event” means an activity, function, or gathering organized or sponsored by DMS, including but not limited to the Dallas Margarita Ball (“Ball”).
c. “Donation” means Sponsor’s financial contribution to DMS.
d. “Sponsorship Level means the tier associated with a Donation, as described on the Application.
e. “Sponsorship Benefit(s)” means privileges or items provided to Sponsor by DMS, based on Sponsorship Level.
f. “Website” means any website or other online presence (e.g., Facebook™) controlled by, or belonging to, DMS.
g. “Policies” means and includes all (i) terms of use related to any Website, (ii) Event attendance and privacy policies published by DMS, and (iii) rules and regulations pertaining to any facility where any Event is being held.

2. ELIGIBILITY. An Application must contain all information requested by DMS and fully identify the applicant or, if applying as a group, fully identify all persons in the group and, as to each individual, the proportion or amount provided by that individual of the total Donation. DMS reserves the right, in its sole discretion, to determine the Application’s completeness, the Sponsor’s eligibility, or the suitability of displaying Sponsor name(s) at any time. Only the party or parties identified on the Application are eligible to become a Sponsor, or otherwise be entitled to receive or use any Sponsorship Benefit, except as expressly permitted herein. Sponsor acknowledges and agrees to all other DMS Policies. DMS retains sole discretion to admit or deny entry to the Ball to any person.

3. SHARING. If a group of individuals applies to be a Sponsor, each individual must be identified to DMS on the Application at the time of the Application’s initial submission to DMS, including as to each individual, the proportion or amount provided by that individual of the total Donation. DMS retains sole discretion as to which individual(s) may be identified as a Sponsor. No Sponsor or any other person in receipt of a Sponsorship Benefit may reassign, sell, barter, trade or profit from any Sponsorship Benefit without prior written approval from DMS, SAVE and EXCEPT that a Sponsor may distribute (at no charge or cost to any recipient) invitations to the Ball which Sponsor receives as a Sponsorship Benefit. At DMS’s sole discretion, any person in violation of this Agreement may be prohibited from attending any or all Events.

4. DONATION. Donation must accompany Sponsor’s Application. No Sponsorship Package may be delivered before the Donation is remitted in full. DMS retains sole discretion to accept or reject any Application or Donation.

5. TAX MATTERS. DMS is a 501(c)(3) charitable organization. Donations made to DMS are tax deductible to the extent allowed by law. DMS makes no representation, express or implied, as to the tax deductibility of any Donation or part thereof, to any Sponsor, and Sponsor agrees to rely on its own judgment and/or tax professional to make any such determination. Sponsor acknowledges that the IRS has issued regulations regarding the deductibility of charitable donations. DMS will provide a receipt to Sponsor evidencing the Donation and the estimated value of any Sponsorship Benefits within sixty (60) days after the end ofthe Sponsorship Period.

6. PUBLICITY. Sponsor acknowledges and agrees that, by this Agreement and other Policies, all copyrights and publicity rights arising from or relating to any Event are the sole and exclusive property of DMS. Sponsor, for itself and its invited Event guests, agrees that DMS may use any photographic image, video, recorded image or sound for its own publicity and marketing purposes without further license or compensation. Sponsor is prohibited from making any claim or representation of association with DMS other than as a Sponsor. The use of any photographic, video, recorded image or sound by a Sponsor or any person attending an Event as guest of Sponsor for any commercial, marketing or publicity purpose is expressly prohibited unless such right is granted in writing by DMS and in advance of such use.

7. CONDUCT. Sponsor, for itself and any Event attendees invited by Sponsor, acknowledges and agrees that: (i) Policies prohibit attendee actions that interfere with the rights and enjoyment of others or expose them to annoyance or danger, (ii) Sponsor and
its Event attendees must fully comply with all Policies regarding attendance, conduct, attire and decorum, and (iii) DMS retains sole discretion as to whether or not any Sponsor or Event attendee actions give DMS cause to expel any person from any Event.

8. EVENT CANCELLATION OR DELAY. DMS reserves the right to cancel or postpone any Event because of a force majeure (as defined by DMS’s agreement with an Event’s host venue or as determined by DMS otherwise). If an Event is cancelled or postponed, DMS shall determine the appropriate action to be taken with respect to any Sponsorship Benefits which are interrupted or devalued as a result of such cancellation or postponement.

9. INDEMNIFICATION. Sponsor agrees to indemnify, defend, and hold harmless DMS and its directors, directors emeritus, members, officers, agents, and employees from and against any and all claims of bodily and personal injury, or any other loss, claim, or damage to any person(s) and/or to any property, including but not limited to, all claims against DMS that are or might asserted by any Event facility, any of which is alleged to be caused by any negligent or intentional act or omission of Sponsor and/or any of Sponsor’s invited guests.

10. DISPUTE RESOLUTION. DMS reserves and Sponsor grants to DMS the sole authority and discretion to interpret, amend and/or enforce this Agreement and all Policies. In the event of a disagreement or dispute between Sponsor and DMS arising out of this Agreement or any Policy, DMS reserves to itself the sole and exclusive right to conclusively resolve such disagreement; such determination and decision shall be binding on Sponsor and Sponsor’s invited guests without recourse.

11. AMENDMENT. From time to time, DMS may amend this Agreement or any Policy. Any such amendment, after being furnished to Sponsor, shall become a part of this Agreement for all purposes, subject to all other terms and conditions set forth herein.

12. DEFAULT. If Sponsor (or any other person associated with Sponsor, including Sponsor’s invited guests) breaches any provision of this Agreement or any Policy, in addition to any other remedies provided for herein, or that are otherwise available to DMS at law or in equity, DMS may terminate this Agreement without notice and thereafter retain all, or any portion of the Donation and retain or recover from Sponsor any unused Sponsorship Benefit.

13. ACCEPTANCE. Sponsor agrees to abide by this Agreement, all Policies, and any amendments to same that may be put into effect by DMS at any time hereafter.

1. COMING SOON

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”) 2019-2020 Super Game Raffle (the “Raffle”).

1. RAFFLE PERIOD, ENTRANTS AND TICKETS.  The Raffle begins on June 8, 2019, and ends on November 23, 2019, at or about 11:00 p.m. (CST)(the “Raffle Period”). The Raffle is open to anyone eighteen (18) years of age or older (each, an “Entrant”). The Raffle is conducted under Texas Law and is void wherever else restricted or prohibited by law. A maximum number of one thousand (1000) Raffle tickets will be sold (each, a “Ticket”) during the Raffle Period.  The odds of winning 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.  Entrants must purchase a Ticket in order to participate in the Raffle. Each Ticket will be sold at the price of one hundred dollars ($100.00). A ticket may be purchased by cash, credit card, debit card, cashier’s check or money order (payment by check to be allowed only in DMS’s sole and absolute discretion). Upon purchasing a Ticket, Entrants are required to fully and legibly complete the Entrant’s 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, the Stub will be completed by an authorized DMS representative and confirmation thereof delivered or e-mailed to Entrant directly.  Each Stub constitutes 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, subject to availability.
3. THE GRAND PRIZE.  The prize is deemed to have no cash value. The Raffle Prize is as follows:

4. SELECTION OF WINNER.  Respectively, the winning ticket 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 23, 2019, at the Ball (specific location at the Ball: TBD). Odds of being selected as the winning ticket 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.
5. GRAND PRIZE WINNER SELECTION.  The Grand Prize Winner will be notified promptly after the drawing. The following arrangements will be made (by a designated DMS liaison in conjunction with the Grand Prize Winner) the week following the Ball (but only after confirmation of receipt of and compliance with the Release described below): (a) purchase of airfare, and (b) selection by the Grand Prize Winner of (i) a 3 Star Hotel, and (ii) the 3 VIP Pregame Parties. The autographed game day jersey is expected to be delivered to the Grand Prize Winner approximately three (3) months after 02.20.  It is expected that the tickets to the game will be hand-delivered to the Grand Prize Winner the day before the Super Game city where the game is being held.  In any event, 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 and being present in the game location city (whether by arranged flight or alternate transportation), or losing or misplacing any ticket to any event after delivery to Grand Prize Winner,  or the Ball Invitation, if any.  If not present at the drawing, 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 designated DMS liaison identified in DMS’s attempt(s) to contact the potential grand prize winner after three (3) such contact efforts or within three (3) business days after the drawing, 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 eligible Stubs 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 notified and confirmation of the notification is received by DMS, the Grand Prize Winner shall be required to complete the Release described below.
6. ELIGIBILITY/LIABILITY/PUBLICITY RELEASE BY TICKET WINNER.  Once the potential grand prize winner has been notified, the potential grand prize winner must sign and return to the designated DMS liaison the affidavit of Eligibility/Liability/Publicity Release form (the “Release”)  within three (3) calendar days of receipt of same  in order to claim the Grand Prize and be confirmed as the Grand Prize Winner.  If the potential grand prize winner does not sign and return the Release within three (3) calendar days from the potential grand prize winner’s receipt of same, then such potential grand prize winner shall automatically forfeit his/her right to the Grand Prize and an alternate potential grand prize winner will be selected at random from among the remaining entries (following the procedure outlined in paragraphs 4 and 5  — or any other procedure determined by DMS in its sole and absolute discretion) until one (1) Grand Prize Winner is notified and the Release is received and confirmed by DMS.  Nonetheless, the Release must be completed and returned to the designated 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.
7. CONDITIONS OF PARTICIPATION.  By purchasing a Ticket to participate in the Raffle, each Entrant acknowledges and certifies (a) their acceptance of every rule, terms and condition set out in these T&C, (b) their agreement to be bound by any decision of DMS or any designated third-party individual or entity affiliated with DMS or provision of the Grand Prize, (c) their representation and warranty that Entrant is eligible to participate in this Raffle and (d) their agreement to provide proper and acceptable identification for/prior to receipt of any prize. By participating, Entrants hereby release and agree to hold harmless DMS and any affiliated third-party individual or entity, and each of their officers, directors, managers, employees, subsidiaries, affiliates, agents, members, insurers, successors, and representatives (collectively, the “Released Parties”) from and against, including without limitation, any claim or cause or action and any and all liability, loss or damages arising from, or incurred 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, including any Stub.
8. 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 or Stubs; (c) any property loss, damage, personal injury or death, in connection with the Grand 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 Stubs, 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.
9. LIABILITY FOR ANY TAX IS THE SOLE RESPONSIBILITY OF RAFFLE WINNER.  The Grand Prize constitutes taxable income to a respective winner. The Grand Prize Winner is solely responsible for all applicable state and federal income or other applicable taxes and reporting of same.  The Internal Revenue Service takes the position that no portion of the Raffle Ticket price is deductible as a charitable contribution when filing federal income taxes.  A prize is considered ordinary income by the IRS. The foregoing notwithstanding, this information is provided as a general reference, and does not constitute legal or tax advice. Entrants and the Grand Prize Winner should contact their own tax professional with respect to taxation.
10. GOVERNING LAW AND SOLE VENUE.  The Raffle is conducted under and governed by Texas law. Any and all legal actions or claims arising in connection with the Raffle must be brought in a court of competent jurisdiction in Dallas County, Texas. Any party to any claim or cause of action hereby explicitly 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) recovery of any and all claims, judgments, and awards shall be limited to actual out-of-pocket damages incurred, but in no event attorney’s fees or related expenses, (iii) no punitive, incidental, special, consequential or other damages, including without limitation, lost profits, may be awarded or recovered (collectively, “Special Damages”), and (iv) Entrant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased.