Terms and Conditions
SCCA Foundation's Terms and ConditionsTerms and Conditions
This raffle is organized and administered by the Sports Car Club of America Foundation, Inc. – Board of Directors, under License Number 2017-12294,issued by the Colorado Department of State.To be eligible to enter the raffle, entrants must be at least 18 years of age by the 18th of August 2017.
There will be three drawing prizes awarded in this raffle. Prize number one is two (2) entries to the Porsche Two Day High Performance Driving Course at the Porsche Sport Driving School at Barber Motorsports Park in Birmingham Alabama, plus $2500 cash for transportation and lodging expenses (school participants must be at least 21 years of age).Prize number two is a trip for four (4) to attend the Bank of America 400 NASCAR race at Charlotte Motorsports Park on 7 October, 2017, plus race day pit passes provided by Hendrick Motorsports, a private behind the scenes tour of the Hedrick Motorsports campus and private car collection, four (4) tickets to the NASCAR Hall of Fame and $4000 cash for transportation and lodging expenses.Prize number three is two (2) entries to the 3-Day Driving Course at the DirtFish Rally School in Snoqualmie, Washington, plus $3500 cash for transportation and lodging expenses.
In the event that ticket sales do not meet or exceed the collective prize value ($10,000), each winner will be awarded one third of the cash value of all ticket sales, minus raffle administrative and marketing costs.All raffle ticket purchases are final, no refunds or exchanges allowed.Void outside of the U.S. and where prohibited, taxed or otherwise restricted by law.All federal, state and local laws and regulations apply.By entering this raffle, entrants accept and agree to be bound by these Terms and Conditions and the decisions of the SCCA Foundation, which shall be final on all matters. Winners must sign an Affidavit of Eligibility and Liability/Publicity Release or the prize will be forfeited.
TICKET SALES:Ticket sales will be conducted exclusively on the internet on a website intended for that express purpose.Ticket sales will commence at 12:01 AM EDT, 15 May 2017 and conclude at 12:01 AM MDT on 18 August, 2017.
PRIZE DRAWING:Three (3) individual prizewinners will be randomly selected and announced from all eligible entries received out of all tickets sold or issued based on a random drawing scheduled to be conducted at 12:00 PM MDT on August 18, 2017.The three (3) prizewinners will be notified on August 19, 2017 if not present at the drawing, via phone and/or email, and the prizewinner's names will be posted on the SCCA and SCCA Foundation websites (www.scca.com and www.sccafoundation.com) and included in press articles on or about the same date.The prizewinners will be required to sign and return, an Affidavit of Eligibility and Liability/Publicity Release within ten (10) days of prize notification. Only the named entrant on a valid winning entry form is eligible to claim the prize, and such person may be required to provide proof of identification acceptable to the SCCA Foundation. Within 30 days of the drawing, all winners who have not claimed their prizes will be notified by U.S. postal service certified mail, return receipt requested. The notification will indicate the prize won, a contact person's telephone number, and the time and location where the winner may claim the prize(s). If a winner fails to claim a prize within 30 days of receiving notification, the licensee may retain the prize or offer it in another raffle.
If a winner rejects his/her prize, or in the event of non-compliance with the raffle terms and conditions, such prize will be forfeited. No compensation will be given upon prize forfeiture.
MISCELLANEOUS: By entering, participants agree to be bound by these terms and conditions. In addition, all entrants agree that the SCCA Foundation maintains the right to decide all matters and disputes arising from the raffle, and their determination of the prizewinner will be final and binding.No substitution of the prize is permitted, except by the Foundation due to prize availability.In this case, the SCCA Foundation may substitute the prize with a prize of equal or greater value. By accepting the prize, the prizewinner agrees that the Sports Car Club of America Foundation, and their respective parents, subsidiaries, affiliates, directors, members, officers, attorneys, owners, employees and agents will have no liability and will be held harmless by the prizewinner for any liability, loss, injury, or damage to property or to person, including death, due in whole or in part, directly or indirectly, by reason of the acceptance, participation in, possession, use or misuse of the prizes or participation in the raffle, even if caused or contributed to by the negligence of the Foundation and/or others, including without limitation, for any claims based on publicity rights, defamation or invasion of privacy and merchandise delivery.In consideration for being awarded the prize, the prizewinner hereby agrees and consents, without further authorization, compensation or remuneration of any kind, to the use of his or her name, address (city and state), likeness, photograph, picture, portrait, voice, biographical information and/or any statements made by the prizewinner regarding the raffle or Foundation in any and all advertising, promotions and other publicity conducted.The Foundation is not responsible if the prize cannot be awarded due to delays or interruptions due to acts of God, acts of war, natural disasters, weather or acts of terrorism. Entrants who do not comply with these official terms and conditions, or attempt to interfere with this raffle in any way shall be disqualified.The prizewinner agrees that the Foundation and its affiliates, co-sponsors and agents have neither made nor are they responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any aspect of the Prize.
DRAWING WILL BE HELD ON August 18, 2017, at a special meeting of the Sports Car Club of America Foundation Board of Directors.
RAFFLE READY BUYER TERMS OF SERVICE AGREEMENT
1. ACCEPTANCE OF TERMS.
The following terms of service ("TOS") govern all use by you as a Buyer (as defined below) of (a) the www.raffleready.com website (including all web pages, sub-domains and sub-parts therein contained, the "Site"), (b) any and all services available on or through the Site or otherwise provided by Raffle Ready, LLC ( "Raffle Ready") in connection with the Raffles (as defined below) listed on the Site, and (c) all Software (as defined below) (collectively, the "Services"). (To obtain the Services Agreement that applies to you and your use of the Services as a Raffle Organizer, please see http://www.raffleready.com/terms/.) The Services are owned and operated by Raffle Ready. The Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site by Raffle Ready. BY USING OR ACCESSING ANY PART OF THE SERVICES, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN AND ALL OTHER OPERATING RULES, POLICIES AND PROCEDURES THAT MAY BE PUBLISHED FROM TIME TO TIME ON THE SITE BY RAFFLE READY. IF YOU DO NOT AGREE TO ANY OF SUCH TERMS, CONDITIONS, RULES, POLICIES OR PROCEDURES, DO NOT USE OR ACCESS THE SERVICES.
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3.1 The Services.
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4. PAYMENT AND REFUNDS.
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5. YOUR REGISTRATION OBLIGATIONS.
6. ACCOUNT AND SECURITY.
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7.2 Raffle Ready's License to use Your Content.
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8.1 Certain Restrictions.
You understand that you are liable for your use of the Services, including for all Content, in whatever form, that you provide or otherwise make available to or through the Services, including to Raffle Organizers and Buyers. You agree not to use the Services to:
upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, fraudulent, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
harm minors in any way;
impersonate any person or entity, including, but not limited to, a Raffle Ready or Raffle Organizer representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any person or entity;
upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, except in those areas that are designated for such purpose and within the scope of such designation;
upload, post, email, transmit or otherwise make available any Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to otherwise interact with the Services in a manner not permitted by this TOS or expressly authorized by Raffle Ready;
interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
intentionally or unintentionally violate any applicable law or regulation (foreign or domestic);
stalk or otherwise harass any person or entity.
8.2 Certain Remedial Rights.
9. SPECIAL TERMS REGARDING INTERNATIONAL USE.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. By way of example and not of limitation, you agree to comply with all applicable laws and regulations (foreign and domestic) regarding the transmission of technical data exported from the United States or the country in which you reside.
In addition, the Services are subject to United States export controls. No part of the Services may be exported or re-exported into, or to a national or resident of, any country to which the U.S. has embargoed goods and/or services of the same type as the Services. By using the Services or any part thereof (including by downloading any Software), you represent and warrant that you are not located in, and you are not a national or resident of, any such country. Further, no part of the Services (including any Software) may be exported or re-exported to any person or entity appearing on the Office of Foreign Assets Control's Specially Designated Nationals and Blocked Persons List or the Bureau of Industry and Security's Denied Persons List. By using the Services or any part thereof (including by downloading any Software), you represent and warrant that you are not a person or entity or under the control of or affiliated with a person or entity that appears on any such list.
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11. SERVICE MODIFICATIONS AND SUSPENSIONS.
Raffle Ready reserves the right at any time to, and from time to time may, modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) for any reason or no reason with or without notice. You agree that Raffle Ready shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
Raffle Ready, in its sole discretion, may terminate your account and/or your right to use the Services, and remove and discard any and all of Your Content within the Services, at any time for any reason or no reason, including, without limitation, if Raffle Ready believes that you have violated or acted inconsistently with the provisions of this TOS. You agree that any termination of your right to use the Services may be effected without prior notice, and acknowledge and agree that Raffle Ready may immediately deactivate or delete your account and all related Content and files related to your account and/or bar any further access to such files or the Services. Further, you agree that Raffle Ready shall not be liable to you or any third-party for any termination of your right to use or otherwise access the Services. All provisions of this TOS that by their nature should survive termination of your right to use the Services shall survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, and intellectual property protections and licenses).
The Services may provide, or third parties, including Raffle Organizers, may provide, links to other Internet websites or resources. Because Raffle Ready has no control over such websites and resources, you acknowledge and agree that Raffle Ready is not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such websites or resources. You further acknowledge and agree that Raffle Ready shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with any use of or reliance on any such Content, advertising, products, services or other materials available on or through any such website or resource.
14. DISCLAIMER OF WARRANTIES.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. RAFFLE READY HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. RAFFLE READY MAKES NO WARRANTY THAT: (I) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (II) ANY CONTENT OBTAINED, OR ANY RAFFLE TICKETS PURCHASED, BY YOU THROUGH THE SERVICES, OR THE SERVICES THEMSELVES (OR ANY PART THEREOF), WILL MEET YOUR EXPECTATIONS, OR (III) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. RAFFLE READY IS NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR THE CONTENT, PRODUCTS, SERVICES, ACTIONS OR OMISSIONS OF ANY BUYER OR RAFFLE ORGANIZER IN CONNECTION WITH ANY RAFFLE; AND RAFFLE READY WILL HAVE NO LIABILITY WITH RESPECT TO ANY WARRANTY DISCLAIMED IN (I) THROUGH (V) ABOVE. YOU ACKNOWLEDGE THAT RAFFLE READY HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY OR LEGALITY OF RAFFLES LISTED ON THE SITE, THE TRUTH OR ACCURACY OF ANY BUYER'S OR RAFFLE ORGANIZER'S CONTENT OR LISTINGS, OR THE ABILITY OF ANY BUYER OR RAFFLE ORGANIZER TO PERFORM, OR ACTUALLY COMPLETE A TRANSACTION. THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. Notwithstanding the foregoing, you may report the misconduct of users, Buyers, Raffle Organizers and/or third parties in connection with the Site or any Services to Raffle Ready. Raffle Ready, in its sole discretion, may, but shall not be obligated to, investigate the claim and take any action that it deems appropriate.
15. LIMITATION OF LIABILITY.
RAFFLE READY SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WITH RESPECT TO THE SERVICES, OR ANY OTHER SUBJECT MATTER OF THIS TOS, FOR: (I) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RAFFLE READY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (II) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, (III) AMOUNTS IN EXCESS OF US$100.00 IN THE AGGREGATE FOR ALL CLAIMS WITH RESPECT TO THE SERVICES, OR (IV) ANY MATTERS BEYOND RAFFLE READY'S REASONABLE CONTROL. RAFFLE READY SHALL HAVE NO LIABILITY WITH RESPECT TO ANY OF YOUR CONTENT OR ANY CONTENT OF ANY OTHER USER OF THE SERVICES. IN ADDITION, RAFFLE READY IS NOT AFFILIATED WITH, AND HAS NO AGENCY OR EMPLOYMENT RELATIONSHIP WITH, ANY THIRD PARTY SERVICE PROVIDER USED IN CONJUNCTION WITH THE SERVICES (INCLUDING, WITHOUT LIMITATION, THE GATEWAY), AND RAFFLE READY HAS NO RESPONSIBILITY FOR, AND HEREBY DISCLAIMS ALL LIABILITY ARISING FROM, THE ACTS OR OMISSIONS OF ANY SUCH THIRD PARTY SERVICE PROVIDER. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
IN CONSIDERATION OF BEING PERMITTED TO ACCESS AND USE THE SERVICES, YOU HEREBY AGREE TO RELEASE RAFFLE READY AND ITS AFFILIATES, LICENSORS, SUPPLIERS, SUBCONTRACTORS, PARTNERS AND AGENTS, ALL RAFFLE ORGANIZERS, AND EACH OF ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES FROM ALL DAMAGES (WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE), LOSSES, LIABILITIES, COSTS AND EXPENSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH DISPUTES BETWEEN YOU AND THIRD PARTIES (INCLUDING OTHER ORGANIZERS, BUYERS, AND OTHER NON-ORGANIZERS) IN CONNECTION WITH THE SERVICES, YOUR ACCESS AND USE OF THE SERVICES, OR ANY EVENTS LISTED THEREON.
All information provided by you or collected by Raffle Ready in connection with the Services will only be used to send you correspondence about your ticket purchase. Raffle Ready will never share or sell your information to any third party without your permission. The only parties with access to your information will be Raffle Ready and the organization running the raffle. You should take care to protect private information or information that is important to you. Raffle Ready is not liable for the protection of privacy of electronic mail or other information transferred through the Internet or any other network that you may use. Raffle Ready does not control and shall not be responsible for the acts of you or any other users (whether Raffle Organizers, Buyers or otherwise) of the Services.
Notices to you may be made via either e-mail or United States mail to the address in Raffle Ready's records. If you provide an e-mail address, you hereby consent to receiving notice via e-mail. The Services may also provide notices of changes to this TOS or other matters by displaying notices or links to notices to you generally on the Services. Any notice from you to us shall be sent in writing to our mailing address at Raffle Ready, LLC, 6517 Wickfield Road, Baltimore, MD 21209.
19. TRADEMARK INFORMATION.
The trademarks, service marks, and logos of Raffle Ready (the "Raffle Ready Trademarks") used and displayed in connection with the Services are registered and/or unregistered trademarks or service marks of Raffle Ready. Other company, product, and service names used in connection with the Services may be trademarks or service marks owned by third parties (the "Third Party Trademarks", and, collectively with Raffle Ready Trademarks, the "Trademarks"). The offering of the Services shall not be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed in connection with the Services without the prior written consent of Raffle Ready specific for each such use. The Trademarks may not be used to disparage Raffle Ready, any third party or Raffle Ready's or third party's products or services, or in any manner (in Raffle Ready's sole judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any site is prohibited unless Raffle Ready approves the establishment of such a link by prior written consent specific for each such link. All goodwill generated from the use of any Raffle Ready Trademark shall inure to Raffle Ready's benefit.
20.1 Entire Agreement.
20.2 Governing Law.
This TOS and the provision of the Services to you are governed by the laws of the State of Maryland, without regard to its principles concerning conflicts of law.
20.3 Jurisdiction and Venue.
The exclusive jurisdiction and venue for actions related to or arising out of the subject matter hereof shall be the state and federal courts located in Baltimore County, Maryland, and both parties hereby submit to the exclusive personal jurisdiction of and venue in such courts.
The failure or delay of Raffle Ready to exercise or enforce any right or provision of this TOS shall not constitute a waiver of such right or provision. No oral waiver, amendment or modification shall be effective under any circumstance whatsoever.
20.5Severability. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this TOS shall remain in full force and effect.
20.6Time to File Claim.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or this TOS must be filed within two (2) years after such claim or cause of action arose or be forever barred.
The section captions in this TOS are for convenience only and have no legal or contractual effect.