2016 Quakes 50/50 Raffle Official Rules & Regulations

The San Jose Earthquakes Community Fund will conduct “50/50” raffles (“Raffle(s)”) at select San Jose Earthquakes home games (“Games”). The San Jose Earthquakes Community Fund is an organization registered to conduct such Raffles under California’s Major League Sports Raffle Program. These are the Official Rules, effective June 13, 2016 and until further notice, that, along with applicable law and regulations will govern all Raffles.
 
A “50/50” Raffle is a raffle in which the gross receipts from the Raffle are split 50 percent each between the winning ticketholder (minus any applicable withholdings) and the San Jose Earthquakes Community Fund, which uses its share of the proceeds for charitable purposes.
 
Each Raffle, and all tickets, transactions, participants, purchasers, winners and other aspects of the Raffle, are subject to these Official Rules, California Penal Code Section 320.6, all regulations adopted pursuant thereto, and any and all other applicable laws and regulations.
 
WHEN TO ENTER:  At select Games, Raffle tickets will be sold throughout the Stadium from the time Stadium gates open to the public through the 50th minute of the match (the “Entry Period”). Major League Soccer Game dates, times, and gate opening times are determined in the sole discretion of the Office of the Commissioner of Soccer and/or the San Jose Earthquakes, as applicable, and are subject to change. If a scheduled Game is not played for any reason, there will be no Raffle conducted on the date of that Game. If for any reason the Entry Period for a particular Game commences but the Game gets postponed or cancelled prior to the completion of the 50th minute, the Entry Period shall be deemed to have ended at such time as an announcement is made by the San Jose Earthquakes over the Stadium public address system that the Game has been postponed or cancelled, and the drawing will be held at such time later that date as the San Jose Earthquakes Community Fund shall determine in its sole discretion.
 
Tickets may be purchased with cash only, as follows: (a) three tickets for five dollars; (b) ten tickets for ten dollars; or (c) forty tickets for twenty dollars. All Raffle ticket sales are final and no refunds shall be made under any circumstances. Each ticket number purchased will provide one entry in the drawing for the winner of that Game’s Raffle. Tickets may be obtained only inside of the Stadium during the Entry Period. 50/50 Team Members will be selling Raffle tickets at the 50/50 kiosk located under Section 122 along the main concourse and those in the red 50/50 jackets throughout Avaya Stadium., from the time gates open until the 50th minute.
 
Each purchaser of a Raffle ticket agrees to abide by all terms of these Official Rules, subject to all applicable laws and regulations.
 
ELIGIBILITY: Each Raffle is open to all of that Game’s ticketholders who: (i) are eighteen (18) years of age or older as of the Game date; (ii) are physically present at the Stadium to purchase the ticket; and (iii) provide valid government-issued identification upon request.
 
Employees and affiliates (including owners, officers, directors, commissioners, shareholders, and agents) of any Prohibited Entrant (defined below), and the immediate family members (spouse, parents, children and siblings, and their respective spouses, regardless of where they live) of any such individual, are not eligible to participate in a Raffle or to receive a Prize. “Prohibited Entrants” are the following entities and each of their affiliates: The San Jose Earthquakes Community Fund, San Jose Earthquakes any sponsor of a Raffle, Spectra/ComcastSpectator, Staff Pro, ACE Parking, any other business licensed to operate within the Stadium and/or complex grounds; any eligible recipient organization designated by the San Jose Earthquakes Community Fund; 5050 Central-Delaware Inc., any other registered manufacturer or distributor of raffle-related products or services; and the MLS and SUM Entities.
 
Raffle ticket number are only valid for the date on the ticket. A Raffle ticket is void and its holder is ineligible to win the Prize if there is sufficient evidence, in the sole discretion of the San Jose Earthquakes Community Fund, that the ticket was improperly issued, printed in duplicate error, counterfeited, stolen, illegible, altered or subject to other similar or dissimilar material deficiencies. The San Jose Earthquakes Community Fund will have no liability with respect to such a ticket. Unauthorized persons copying, selling or altering Raffle tickets or otherwise undermining the legitimate operation of a Raffle are subject to prosecution.
 
DRAWING AND NOTIFICATION OF PRIZE WINNER: Following the conclusion of the 50th minute, the gross receipts from that Game’s raffle will be tallied, and the prize amount of the Raffle will be determined and publicly announced. At the 75th minute, the winning ticket number will be drawn through a random drawing of all Raffle ticket numbers sold at the Stadium that day. Ticket holders need not be present at the time of the drawing in order to win.
 
The winning Raffle ticket number will be announced at the 75th minute. The winning ticket number will be (a) posted on the Stadium videoboards, (b) announced via the Stadium’s public address system (match permitting), and (c) posted online at the San Jose Earthquakes Community Fund 50/50 Raffle page.
 
To prove entitlement to any Prize, the valid holder of a winning Raffle ticket must do the following, in person, either at the 50/50 Raffle Kiosk (before the end of that Game), or, thereafter, by appointment at the Executive Offices of the San Jose Earthquakes at Avaya Stadium: (a) present the purported winning Raffle ticket for validation as containing the prize winning draw number; (b) complete and sign the Prize Claim Forms; and (c) complete and sign all applicable tax forms.
 
Once those steps have been completed to the reasonable satisfaction of the San Jose Earthquakes Community Fund, the San Jose Earthquakes Community Fund will within 6 to 8 weeks thereafter mail the winner his/her check, in the amount of the Prize net of any applicable tax withholding, to the person and at the address specified in the Prize Claim Form.
 
Any Prize that is not properly and timely claimed, and any Prize check mailed that is returned undeliverable, shall be deemed forfeited and the Prize amount shall instead be retained by the San Jose Earthquakes Community Fund. Any Prize remaining unclaimed within five (5) business days after the end of the San Jose Earthquakes season (including any Postseason, if applicable) in which the Raffle was held will be retained by the San Jose Earthquakes Community Fund.
 
PRIZE: Half of the amount of the gross proceeds from the sale of tickets to each Raffle shall constitute the Raffle’s prize (the “Prize”). The other half shall be retained by the San Jose Earthquakes Community Fund. Prize winners will be subject to all withholding tax and other federal, state and local tax requirements. Pursuant to IRS regulations, the San Jose Earthquakes Community Fund will be required to withhold taxes on Prizes with net proceeds (Prize minus ticket cost) over $5,000 and report this amount to IRS. The organization will issue IRS-required documentation to Prize recipients as necessary by January 31 of the year after the year of the raffle.
 
PUBLICITY RELEASE: By purchasing a Raffle ticket, each ticket holder agrees to have his or her name, photograph, image and likeness, and voice published, broadcast and otherwise reproduced by the San Jose Earthquakes Community Fund, Earthquakes Holdings, LLC, and the other MLS and SUM Entities in any media or format, worldwide, for publicity and promotional purposes, without notice, review or approval and without further payment or consideration, for an unlimited duration.
 
RELEASE: Each person who purchases a Raffle ticket, together with his or her personal representatives, heirs, successors and assigns, agrees to defend, indemnify, release and forever discharge the San Jose Earthquakes Community Fund, Earthquakes Holdings, LLC, MLS and SUM the respective present and future affiliated entities, owners (direct and indirect), officers, directors, employees, agents and committees of the foregoing persons or entities (together, the “Released Parties”) from and against any claims, injuries, losses, damages or liabilities of any nature whatsoever to persons or property, which such Participant may now or hereafter assert, including but not limited to claims for injury, death, illness or damages, resulting in whole or in part, directly or indirectly, from participation in any Raffle and from acceptance, receipt, ownership, possession, misuse or use of any Prize.
 
GOVERNING LAW AND DISPUTE RESOLUTION: Any disputes in any way concerning these Official Rules or any Raffle shall be resolved in the State of California and governed under California law, without reference to its conflicts of law principles. As a condition of entering a Raffle, each entrant agrees that any and all disputes, claims, controversies, or causes of action arising out of or relating to a Raffle or any Prize awarded (“Claims”) shall be (a) arbitrated on an individual basis only, and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party, and (b) settled by binding arbitration in Santa Clara County, California before a single arbitrator appointed by the American Arbitration Association in accordance with its then governing rules and procedures, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof; and under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, consequential or any other damages, other than for actual out-of-pocket expenses.
 
DISCLAIMER: The Released Parties have made no representation, warranty or guarantee, expressed or implied, in law or in fact, relative to the operation of the Raffles or to any Prize, and are not responsible for any errors in Raffle operations, Prizes or materials. The San Jose Earthquakes Community Fund may modify, suspend or postpone any Raffle to the extent in its judgment necessitated by, infection, tampering, fraud, unauthorized intervention or technical failure or by force majeure or any other reason beyond its reasonable control. Any failure to enforce any provision of these Rules shall not constitute a waiver of that or any other provision.
 
ELIGIBLE ORGANIZATION: The San Jose Earthquakes Community Fund is a California non-profit organization, which enjoys IRC Section 501(c)3 tax exempt status and which raises money to benefit programs in the local community. Earthquakes Holdings, LLC owns and operations a Major League Soccer team known as the San Jose Earthquakes. While the two entities are affiliated, each is a separate legal entity, distinct from the other. The San Jose Earthquakes Community Fund is conducting the Raffles at Avaya Stadium with the permission of the San Jose Earthquakes, but the San Jose Earthquakes Community Fund is solely responsible for the operation and conduct of the Raffles.
 
If you or someone you know needs help with a gambling problem please contact the Office of Problem Gambling at their toll-free number 1-800-GAMBLER.
 
For additional inquiries about the San Jose Earthquakes 50/50 Raffle program please contact Marissa Silver, Community Relations Manager, at msilver@sjearthquakes.com or by phone at (408) 556-7702.