Rules and Regulations
The Hillsboro Community Foundation (HCF), a charitable partner of the Hillsboro Hops Professional Baseball (Hops) and a Section 501(c)(3) tax-exempt organization (“Raffle Licensee”), is operating a single-prize chance drawing (“Raffle”) to be conducted at select Hops home games (each a “Game”) played at the Ron Tonkin Field (Field) in Hillsboro, Oregon between the dates of June 23, 2015, and the end of the Hops season, including any home playoff games (the “Raffle Period”), during the specific time period beginning at the time the gates open to the public for a Game and ending during the bottom of the seventh inning for that particular Game (the “Entry Period”). If for any reason the Entry Period for a Game commences but the Game gets postponed or cancelled prior to the scheduled end of such Entry Period, then the Entry Period shall be deemed to have ended at such time as the announcement is made by the Hops over the Public Address System that the Game has been postponed or cancelled, and the drawing will be held at such later time on that date as the Raffle Licensee shall determine in its sole discretion. A list of Games scheduled to be played at the Field during the Raffle Period and the time gates open to the public for each Game are available www.hillsborohops.com. Such Game dates and times and gate opening times are determined in the sole discretion of the Hops and are subject to change without notice. If a scheduled Game is not played for any reason, there will be no Raffle conducted on the date of that Game.
ELIGIBILITY: At the time of any Ticket purchase, purchasers must be at least 18 years of age (“Purchaser”). Raffle Licensee has the right to request photo identification from any person desiring to purchase a Ticket. Raffle is void where prohibited by law, rule or regulation. All federal, state and local laws and regulations apply. Employees of Raffle Licensee, the Hops, the Arizona Diamondbacks, the Northwest League and Minor League Baseball and its Member Teams, Short Season LLC, and each of their respective affiliated companies, subsidiaries, and advertising or promotional agencies, and the immediate family members of, and any persons domiciled with, such employees are not eligible to participate.
TO ENTER: To enter a Raffle, an eligible person must purchase and receive in person from a designated representative of Raffle Licensee during the applicable Entry Period an official raffle ticket (“Ticket”) which will bear a unique identification number (“Ticket Number”), and such number shall be used to determine the official winner in the respective Raffle for which it was purchased. Tickets may not be purchased for future Games or Raffles. Tickets will be available for purchase during the Entry Period at the 5050 kiosks located inside the Field. Raffle Licensee also may elect from time to time to relocate the 5050 kiosks within the Field at which a Ticket may be purchased during a particular Game. Tickets may also be obtained from designated representatives of Raffle Licensee who will be circulating from time to time throughout the Arena during the Entry Period. The total amount of all Ticket purchases made during the Entry Period at a particular Game, less applicable fees, as determined by the Raffle Licensee in its sole discretion, are hereinafter referred to as the “Raffle Proceeds”.
DRAWING AND NOTIFICATION OF GRAND PRIZE WINNER: One (1) Ticket will be selected by random drawing (“Drawing”) from all official Tickets purchased during the applicable Entry Period for a Game for a potential winner of the Raffle. After the seventh inning of the Game being played at the Field on such date, the Drawing will be held at the 5050 kiosk location and the Ticket number drawn (the “Winning Number”) will be announced over the Public Address System at approximately the beginning of the eighth inning of such respective Game and will also be shown on the Scoreboard (collectively, the “Notifications”). The holder of the Ticket bearing the Winning Number (the “Winning Ticket”) will be directed via the Notifications to bring the Winning Ticket to the main 5050 kiosk location. A holder of a Winning Ticket need not be present to win. The Winning Number for each Raffle shall be posted at www.hillsborohops.com on the business day immediately following the Game at which the particular Raffle was held (“Website Posting”) and shall remain posted throughout the Claims Period (as that term is defined hereinafter) or the Winning Number can be obtained by calling 503-709-8426 (“Raffle Licensee Telephone Number”) during the Raffle Licensee’s business hours and asking to speak to a representative from the Hillsboro Community Foundation (“Raffle Licensee Representative”). In order to be eligible to claim the Grand Prize (as that term is defined hereinafter), the holder of a Winning Ticket must deliver such Winning Ticket to a Raffle Licensee Representative either at the main 5050 kiosk prior to the end of the Game on the date of the Raffle for which the holder has the Winning Ticket or at the Raffle Licensee’s 5050 business location at 4460 NW 229th Avenue, Hillsboro, OR 97124 , during regular business hours Monday through Friday, 9:00 a.m. to 5:00 p.m. PPT within the Claims Period. As used herein “Claims Period” is defined as the period which ends at the close of Raffle Licensee’s business hours on the date that is three hundred and sixty five (365) days after the Raffle in which the Winning Ticket was drawn (provided, however, that if such three hundred and sixty fifth day falls on a Saturday or a Sunday, then the Claims Period shall be extended so that the holder of such Winning Ticket shall have until the end of Raffle Licensee’s business hours on the Monday immediately following such three hundred and sixty fifth day to deliver the Winning Ticket to a Raffle Licensee Representative (as defined above) in order to be eligible to claim the Grand Prize for such Raffle. All expenses, including transportation, required for the holder of a Winning Ticket to make delivery of such Winning Ticket to a Raffle Licensee Representative shall be the sole responsibility of such holder.
Upon presentation by the holder of the Winning Ticket to a Raffle Licensee Representative during the Claims Period, verification that it bears the Winning Number and is the authentic Winning Ticket, and holder meets all eligibility requirements, such holder will be considered the “Raffle Winner” (the date upon which the Winning Ticket is presented to Raffle Licensee will be hereinafter referred to as the “Delivery Date”), with such Winning Ticket being retained by Raffle Licensee. The Raffle Winner will be required to execute and deliver to a Raffle Licensee Representative all documentation required by Raffle Licensee in its reasonable discretion, including the following (“Winner Documentation”): (i) current mailing address (“Winner Mailing Address”); (ii) current telephone number; (iii) Affidavit of Eligibility and Liability/Publicity Release provided by Raffle Licensee; (iv) a W-9 tax form; (v) two forms of identification satisfying the Internal Revenue Service (“IRS”) federal requirements necessary to complete the annual W-2G form and/or 5754 form, if applicable (which forms include his or her photo identification and one other acceptable form of identification), and (vi) any other documentation relating to tax compliance. After receipt of the Winner Documentation, Raffle Licensee shall provide the Raffle Winner with written verification that he or she has officially won such Raffle.
Raffle Licensee will award the Grand Prize only upon verification of the Raffle Winner and the Winning Ticket in Raffle Licensee’s sole discretion. If the holder of the Winning Ticket has not complied with these Official Rules, including the delivery of the Winning Ticket and Winner Documentation within the Claims Period, the Grand Prize will be forfeited and shall be retained by Raffle Licensee. In the event the potential winner does not accept the Grand Prize, is disqualified for any reason or fails to comply with these Official Rules, the Grand Prize will be forfeited and shall be retained by Raffle Licensee. Upon prize forfeiture, no compensation will be given to the potential winner. Failure of any potential winner to sign any requested document or failure of any potential winner to comply with any terms in these Official Rules may disqualify such potential winner and forfeit of the respective Grand Prize. All decisions by Raffle Licensee as to Raffle Winner eligibility and acceptance or disqualification will be final and binding.
If no one presents the Winning Ticket to Raffle Licensee prior to the end of the Claims Period in accordance with the procedures set forth above, the Grand Prize will be forfeited and shall be retained by Raffle Licensee. The Grand Prize will not be awarded to any other person. Raffle Licensee will not be required to attempt to notify or locate the holder of the Winning Ticket in any manner other than by making the Notifications and making the Website Posting. Raffle Licensee will not be responsible if the holder of the Winning Ticket leaves the Game before the Notifications are made, is not in his or her seat when the Notifications are made, does not hear or see the Notifications, does not check the Website Posting or call the Raffle Licensee Telephone Number, is otherwise unaware that he or she has the right to collect the Grand Prize or does not present the Winning Ticket at one of the designated locations within the required Claims Period as set forth in these Official Rules. If the holder of the Winning Ticket attempts to deliver the Winning Ticket to Raffle Licensee and collect the Grand Prize at a later time or date after the respective Claims Period, he or she will be notified that the Grand Prize has been forfeited.
GRAND PRIZE: The holder of the Winning Ticket shall be entitled to receive, upon compliance with these Official Rules: fifty percent (50%) of the net Raffle Proceeds (the “Grand Prize”), less the Withholding Amount (as defined below), if any. If the Grand Prize is less than $2,500, then Raffle Licensee shall issue a check to the winner for the Grand Prize. Any Grand Prize amount exceeding $2,500 will be in the form of a pre-paid, non-cash gift card or pre-paid credit card, less the Withholding Amount, if any. The maximum cash and non-cash total amount of any Grand Prize is limited to $50,000. Delivery of the Grand Prize shall be by mail/mail equivalent to the Winner Mailing Address within thirty (30) days after the Delivery Date.
TAXES AND WITHHOLDINGS: Any and all taxes, fees, and other costs including but not limited to federal and, if applicable, state and local income and withholding taxes that may arise and be due or asserted on the value of the Grand Prize are the sole responsibility of the Raffle Winner. Any and all issues relating to compliance with applicable tax law shall be resolved in the Raffle Licensee’s sole and absolute discretion, subject to applicable laws and regulations. Without limiting the foregoing, Raffle Licensee is required by law to withhold and remit to the IRS on the Winner’s behalf an amount equal to twenty-five percent (25%) of the Grand Prize (such amount being referred to herein as the “Withholding Amount”) if the Grand Prize is greater than $5,000 and if the Winner is a citizen or resident alien of the United States with a Social Security Number (different rules as promulgated by the IRS apply for nonresident aliens and for resident aliens and citizens of the United States who do not have a Social Security number). If the Grand Prize is more than $600, the Raffle Winner will receive on or before January 31 of the immediately following calendar year a W-2G federal income tax form setting forth the amount of the Grand Prize and the Withholding Amount (if any).
MULTIPLE OWNERS OF WINNING TICKET: Any and all issues arising from multiple persons claiming ownership of a Winning Ticket shall be resolved in the Raffle Licensee’s sole and absolute discretion, subject to applicable laws and regulations. Without limiting the foregoing, issues and compliance relating to federal income taxes shall be resolved in accordance with the IRS Instructions for Forms Wâ€‘2G and 5754 and any other related instructions and/or guidelines as applicable.
PRIZE RESTRICTIONS AND ODDS: The Grand Prize is not transferable or assignable and cannot be substituted for another prize. Odds of winning for each Raffle will depend on the number of Tickets purchased during the respective Entry Period for such Raffle.
PUBLICITY RELEASE: Except where prohibited, participation in any Raffle constitutes each Ticket Purchaser’s consent to the publication, dissemination and use of his or her name, photograph, image, likeness and voice by Raffle Licensee and the Hops in any media at any time for any purpose without any additional compensation to, permission from or inspection by such Purchaser. Each Purchaser agrees to indemnify and hold harmless Raffle Licensee, the Hops, the Arizona Diamondbacks, the Northwest League and Minor League Baseball and its Member Teams, Short Season LLC, and their respective affiliates for any damages suffered on account of such Purchaser’s breach of the representations in this paragraph.
RELEASE/LIMITATION OF LIABILITY: As a condition of entering the Raffle by purchasing and accepting a Ticket, each Purchaser agrees that: (1) under no circumstances will the Purchaser be permitted to obtain awards for, and Purchaser hereby waives all rights to claim, punitive, incidental, consequential or any other damages, other than actual out-of-pocket expenses, if any; (2) all causes of action arising out of or connected with the Raffle or any prizes awarded shall be resolved individually, without resort to any form of class action; and (3) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees and costs. BY ENTERING THE RAFFLE, EACH PURCHASER RELEASES THE HILLSBORO COMMUNITY FOUNDATION (HCF), THE HOPS, THE ARIZONA DIAMONDBACKS, THE NORTHWEST LEAGUE AND MINOR LEAGUE BASEBALL AND ITS MEMBER TEAMS, SHORT SEASON LLC, ADVERTISING OR PROMOTIONAL AGENCIES AND ANY OTHER PROMOTIONAL SPONSORS, AND EACH OF THEIR RESPECTIVE AFFILIATED COMPANIES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, PARTNERS AND AGENTS FROM ANY LIABILITY WHATSOEVER FOR ANY CLAIMS, COSTS, INJURIES, LOSSES OR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE CONTEST OR WITH THE ACCEPTANCE, POSSESSION OR USE OF ANY PRIZE (INCLUDING, WITHOUT LIMITATION, CLAIMS, COSTS, INJURIES, LOSSES OR DAMAGES RELATED TO TAX LIABILITY, PERSONAL INJURIES, DEATH, DAMAGE TO, LOSS OR DESTRUCTION OF PROPERTY, RIGHTS OF PUBLICITY OR PRIVACY, DEFAMATION OR PORTRAYAL IN A FALSE LIGHT).
DISCLAIMER: Raffle Licensee is not responsible for any errors, which may occur in connection with the administration of the Raffle, the processing of entries, the Notifications or the Website Posting, any other announcements or telephone or in-person conversations relating to the Raffle or in any Raffle-related materials. The Raffle Licensee reserves the right, in its sole discretion, to terminate, modify, or suspend any Raffles should Raffle Licensee determine, in its sole discretion, that any virus, bug, non-authorized human intervention or other causes beyond its control have corrupted or affected the administration, security, fairness or proper conduct of the Raffle. In such case, the Raffle Licensee will select the Winning Number from all eligible Tickets received prior to the aforesaid action taken by the Raffle Licensee. Raffle Licensee is not responsible for, and reserves the right to correct, typographical, clerical or printing errors in any Raffle-related materials, including these Official Rules. Raffle Licensee is not responsible or liable for any events beyond the control of Raffle Licensee which may cause the Raffle to be stopped, including but not limited to any error, omission, interruption, deletion, defect, delay in operation or transmission, theft or destruction or unauthorized access to, or alteration of, entries, nor is Raffle Licensee responsible for any failure of any Ticket to be delivered on account of technical problems or human error, or any combination thereof. Raffle Licensee may exclude, disqualify or terminate participation in the Raffle to any Purchaser who, in Raffle Licensee’s sole discretion: (a) ignores these Official Rules; (b) acts in a manner Raffle Licensee determines to be not fair; (c) acts with an intent to annoy, threaten or harass any other purchaser or the Raffle Licensee; (d) acts in any other disruptive manner; or (e) tampers with the entry process. Raffle Licensee will not replace any lost, mutilated, or stolen Tickets. Raffle Licensee reserves the right to make changes in the rules of the Raffle, which changes will become effective upon publication of the revised Official Rules on the following website: www.hillsborohops.com.
CAUTION: ANY ACT OR ATTEMPT BY A PURCHASER TO UNDERMINE THE LEGITIMATE OPERATION OF ANY RAFFLE MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, RAFFLE LICENSEE RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL(S) TO THE FULLEST EXTENT PERMITTED BY LAW.
CHOICE OF LAW AND JURISDICTION: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of any purchaser and Raffle Licensee, shall be governed by, and construed in accordance with the laws of the State of Oregon, without giving effect to any choice of law or conflict of law rules or provisions (whether of Oregon, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than Oregon. The invalidity or unenforceability of any provision of these Official Rules shall not affect the invalidity or unenforceability of any other provision. In the event that any such provision is determined to be invalid or otherwise unenforceable, these Official Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein.
WINNER’S IDENTITY: For the name of the Grand Prize winner of any Raffle, send a self-addressed stamped envelope to the Hillsboro Hops Fund/Hillsboro Community Foundation, Attn: 5050 Raffle, at 4460 NW 229th Avenue, Hillsboro, OR 97124, during regular business hours Monday through Friday, 9:00 a.m. to 5:00 p.m. PPT RAFFLE LICENSEE: The Raffle Licensee of the Raffle is the Hillsboro Community Foundation, P.O. Box 808, Hillsboro, Oregon 97123. A copy of these Official Rules is available at the main 5050 kiosk during the Entry Period at each Game, at the aforesaid 5050 Raffle address during the Hops regular business hours (which are Monday through Friday, 9:00 a.m. PPT to 5:00 p.m. PPT), and will be sent by mail if requested by sending a self-addressed, stamped envelope to the Hillsboro Community Foundation address.
How to Claim a Prize
The Winning Number for each Raffle shall be posted at www.hillsborohops.com on the first business day immediately following the Game at which the particular Raffle was held ("Website Posting") and shall remain posted throughout the Claims Period (as that term is defined the raffle rules) or can be obtained by calling (503) 709-8426 ("Raffle Licensee Telephone Number") during the Raffle Licensee's business hours and asking to speak to a representative from the Hillsboro Community Foundation ("Raffle Licensee Representative"). In order to be eligible to claim the Grand Prize (as that term is defined hereinafter), the holder of a Winning Ticket must deliver such Winning Ticket to a Raffle Licensee Representative either at the main 5050 kiosk prior to the end of the Game on the date of the Raffle for which the holder has the Winning Ticket or at the Raffle Licensee's 5050 Raffle business location at 4460 NW 229th Avenue, Hillsboro, OR 97124 during regular business hours Monday through Friday, 9:00 a.m. to 5:00 p.m. PPT.