Cubs Charities 50/50 Raffle
2018 Official Rules
OFFICIAL RULES: By participating in any Cubs Charities 50/50 Raffle (each, a "Raffle"), entrants agree to be bound by these Official Rules and by the decisions of Sponsor, which shall be binding and final as to all matters related to such Raffle. Each Raffle is subject to all applicable federal, state and local laws.
SPONSOR: Chicago Cubs Charities, 1060 W. Addison St., Chicago, IL 60613 (d/b/a Cubs Charities)
RAFFLE: Unless otherwise determined by Sponsor in its sole discretion, Sponsor will operate one (1) Raffle per Chicago Cubs home game played at Wrigley Field during the 2018 Major League Baseball season. Sponsor may also operate a Raffle during other major events at Wrigley Field, in which case the times and locations of Raffle ticket sales, Drawing, and announcement of a winning Raffle ticket will be subject to change as announced by Sponsor in connection with such Raffle.
ODDS: The odds of winning depend on the number of tickets purchased in each Raffle.
PRIZE: The more Raffle tickets purchased, the larger the Prize. For each Raffle, one (1) winner will receive a cash prize of half (i.e. 50%) of the Net Proceeds of such Raffle. "Net Proceeds" means, with respect to each Raffle, the gross receipts from the conduct of such Raffle, less the reasonable operating expenses incurred by Sponsor as a result of operating such Raffle.
REMAINING PROCEEDS: The remaining 50% of the Net Proceeds of each Raffle will benefit Sponsor, a 501(c)(3) charity, and the programs Sponsor supports.
HOW TO PURCHASE TICKETS: Raffle tickets may be purchased during each Chicago Cubs game played at Wrigley Field during the 2018 MLB season from the time Wrigley Field gates open (approximately two hours prior to first pitch) through the sixth inning of the game from uniformed Raffle ticket sellers located throughout Wrigley Field and its vicinity. Notwithstanding the foregoing, exact times and locations of Raffle ticket sales will be determined in Sponsor's sole discretion and may change from time to time. Tickets are non-refundable. Sponsor may suspend or stop the sale of Raffle tickets at any time in its sole discretion.
ELIGIBILITY TO ENTER: Raffle tickets may be purchased ONLY BY INDIVIDUAL PERSONS WHO ARE 18 YEARS OF AGE OR OLDER. The following persons are NOT ELIGIBLE to participate in any Raffle or to win any Prize: Employees, officers, directors, members, shareholders, partners, agents of Sponsor, Chicago Cubs Baseball Club, LLC, Levy Premium Food Service LP, or Levy Restaurants, employees of any MLB Entity ("MLB Entity" means each of the Office of the Commissioner of Baseball, its Bureaus, Committees, Subcommittees and Councils, MLB Advanced Media, L.P., Major League Baseball Properties, Inc., BAMTech, LLC, The MLB Network, LLC), any person who works at Wrigley Field or for Chicago Cubs Baseball Club, LLC, and any parent, subsidiary, affiliated entity, partially owned entity, contractor, consultant, advertising agency, and promotion agency of such person or entity (collectively, the "Ineligible Parties") and immediate family members of any Ineligible Party. "Immediate family members" means spouse, parents, grandparents, children, grandchildren, nieces, nephews, cousins, and siblings (and any of their respective spouses) of an Ineligible Party.
DRAWING: One (1) winning ticket number for each Raffle will be randomly selected by Cubs Charities no earlier than the end of the sixth inning of the applicable Chicago Cubs game and will be announced/displayed throughout Wrigley Field during the 9th inning of such game. If a game is suspended, cancelled or otherwise ends prior to the end of the sixth inning, Sponsor will cease selling Raffle tickets at such time and will select and announce a winner after the conclusion of the game. The winning number and prize amount will be posted online at www.cubs.com/raffle within 48 hours of the end of the applicable game and will be available by phone through the Chicago Cubs Fan Services Team at 773-388-8270 or 800-THE-CUBS. Participants need not be present at the drawing to win.
HOW TO CLAIM A PRIZE: To present a winning Raffle ticket and exchange copies of all required documentation, individuals must check in at a Guest Services booth within Wrigley Field or contact the Chicago Cubs Fan Services Team at 773-388-8270 or 800-THE-CUBS. The original winning Raffle ticket must be presented in person to claim the Prize. No photocopies or other reproductions will be accepted. The winning number on the Raffle ticket must be visible, complete, and fully legible. In addition to presenting a valid winning Raffle ticket, a potential winner must present/complete the following items to claim the Prize: (i) a valid government-issued photo identification showing age of 18 years or older as of the date of the Raffle; (ii) a signed Affidavit of Eligibility and Release of Liability and Publicity in a form determined by Sponsor; (ii) tax identification information and completion of all required federal, state and local income tax forms. ALL WINNINGS MUST BE CLAIMED AND ALL REQUIRED DOCUMENTS PRESENTED TO SPONSOR WITHIN TEN (10) DAYS OF THE APPLICABLE RAFFLE DRAWING. Failure to claim the Prize, to submit any required document within the specified time period, or any other noncompliance with these Official Rules may result in disqualification and forfeiture of the Prize. The Prize will be paid to a qualified winner within sixty (60) days of such individual's successfully claiming the Prize, less any required tax withholding amounts. IN THE EVENT OF FORFEITURE OR UNCLAIMED PRIZE, THE PRIZE AMOUNT WILL BE PAID TO SPONSOR.
VALIDITY AND ELIGIBILITY OF RAFFLE TICKETS: Sponsor shall be the sole judge of the validity and eligibility of all Raffle tickets and required documentation. Raffle tickets which have been or appear to have been tampered with are void. Raffle tickets presented by any purchaser who has violated these Official Rules in any manner are void. All Raffle ticket purchases are final, and Sponsor will not issue any refunds or replacements.
TAXES: All federal, state and local income taxes are the sole responsibility of Official Winner. Any required tax withholding amounts with be withheld by Sponsor from the total Prize amount.
GENERAL CONDITIONS: The Released Parties (defined below under "RELEASE OF LIAIBLITY") are not responsible for (1) Raffle tickets that are stolen, lost, damaged, illegible, given away or no longer in the purchaser's possession, (2) Raffle tickets that have been or may have been tampered with in violation of these Official Rules; or (3) any other errors of any kind, whether human, typographical, printing, mechanical, or electronic in nature, which relate to or are connected with the Raffle (collectively, as described in clauses (1) through (3), "Errors"), including without limitation, Errors in Raffle-related materials or in the administration of the Raffle, such as Errors in processing purchases or identifying or announcing a winner. Anyone who tampers with or abuses any aspect of the Raffle, as determined in Sponsor's sole judgment, will be disqualified from participation in the Raffle and, if applicable, will be deemed to have forfeited all claims to any Prize.
RELEASE OF LIABILITY: By participating in the Raffle, each participant agrees the Released Parties, as defined below, will have no liability whatsoever for, and shall be indemnified, released and held harmless by each participant against, any liability for injuries, losses, costs, expenses or damages of any kind, including damages for death, personal injury, property damage or property loss, resulting from, whether in whole or in part or directly or indirectly, participation in this Raffle or the acceptance, possession, misuse or use of any Raffle ticket or Prize. "Released Parties" means Sponsor, Chicago Cubs Baseball Club, LLC, each of their respective parents, affiliates, subsidiaries, owners, partners, contractors, agents, and advertising and promotion agencies, and all officers, directors, employees, representatives, shareholders, members, consultants and agents of the foregoing.
PUBLICITY RELEASE: Each winner, by accepting any Prize, grants Sponsor and Sponsor's designees and affiliates, including without limitation Chicago Cubs Baseball Club, LLC, full permission, except where legally prohibited, to use such winner's name, address (city and state only), photograph, voice and/or other likeness and Prize information for advertising, trade and promotional purposes without further compensation and without notice, review or approval, in all media now known or hereafter discovered, worldwide, and on the Internet and world wide web, in perpetuity.
COPYRIGHT: All Raffle materials are property of Sponsor and may not be copied, reproduced or used for any purpose without Sponsor's express prior written consent.
GOVERNING LAW; SEVERABILITY; WAIVER: The Raffle and these Official Rules shall be subject to and governed by the laws of the State of Illinois. If a court of competent jurisdiction finds any provision of these Official Rules, or their application to a particular persons 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 such 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 purchaser of a Raffle ticket (any such individual, "Purchaser"), including, without limitation, any winner of a Raffle, agrees to arbitrate any and all claims and disputes relating in any way to such purchase or the selection of a winner or delivery or awarding of the 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 of Purchaser or Sponsor will be able to have a court or jury trial or participate in a class action or class arbitration. Other rights that Purchaser and Sponsor would have in court will not be available or will be more limited in arbitration, including the right to appeal. Purchaser WAIVES 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.
Arbitrations shall be administered by the American Arbitration Association ("AAA") pursuant to the applicable AAA rules in effect at the time the arbitration is initiated except to the extent modified by these rules. If AAA is unable or unwilling to arbitrate a dispute, then the dispute may be referred to any other arbitration organization or arbitrator the parties both agree upon in writing or that is appointed pursuant to section 5 of the FAA. The arbitration shall take place in Chicago, Illinois. In any claim by Purchaser, the arbitrator shall be authorized to award only the actual amount of the Prize and no other award. The arbitrator's authority is limited to Purchaser and Sponsor alone, except as 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.
Sponsor will be responsible for paying all arbitration fees other than the amount of filing fees Purchaser would have incurred in state or federal court in Illinois, whichever is less. Sponsor may exercise any lawful rights to seek provisional remedies or self-help, without waiving the right to arbitrate by doing so. 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 arbitration provision, Purchaser shall give Sponsor written notice of the Arbitration Claim (a "Claim Notice") and a reasonable opportunity, not less than 30 days, to resolve the Arbitration Claim. Any Claim Notice to Sponsor shall be sent by mail to Chicago Cubs Charities, Attn: Office of the General Counsel, Re: Arbitration Claim, 1060 West Addison Street, Chicago, IL 60613. Any Claim Notice must (a) identify Purchaser 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 Purchaser, and not on behalf of any other party. Purchaser 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, MANDATORY ARBITRATION AGREEMENT; CLASS ACTION WAIVER shall not apply to claims by Sponsor.