OFFICIAL RULES: By participating, entrants agree to be bound by these Official Rules and by the decisions of Maryhurst Inc. (“Maryhurst”), which shall be binding and final as to all matters related to the Raffle.
Official Rules are available online at https://www.rafflefortheroses.com/official-rules. For questions or concerns related to the raffle you can contact Maryhurst by [telephone 502-245-1576 or email email@example.com] or by mail at 1015 Dorsey Lane, Louisville, Kentucky, 40223.
This Raffle is conducted pursuant to Kentucky law, and is void outside of the permitted areas of participation and where prohibited.
RAFFLE DATE AND PERIOD; HOW TO ENTER: Entrants may purchase raffle tickets online at: https://rafflefortheroses.com/ beginning March 5, 2018 and ending April 16, 2018 at 11:00 a.m. Eastern Standard Time.
Raffle ticket purchase may require registration through stripe.com. Raffle ticket purchases require a credit card, and residency status within the permitted areas of participation for eligibility purposes will be determined by the address assigned to such credit card. The purchaser of the online Raffle tickets, as determined by credit card purchase records, will be considered the lawful owner of the online Raffle ticket. All Raffle ticket purchase requests are subject to verification by Maryhurst, and no sale is final until the Raffle ticket purchase order is accepted by Maryhurst.
ELIGIBILITY TO ENTER: While available, Raffle tickets may be purchased only by persons of legal gambling age in the jurisdiction in which they reside that are at least 18 years of age as of the purchase date, and in accordance with these Official Rules. Purchased Raffle tickets are only valid for the Drawing defined below. Internet sales of Raffle tickets are open ONLY TO LEGAL RESIDENTS OF THE PERMITTED AREAS OF ELIGIBILITY. This Raffle is VOID OUTSIDE OF THE PERMITTED AREAS OF ELIGIBILITY AND WHEREVER PROHIBITED BY LAW.
PURCHASING RAFFLE TICKETS: Raffle tickets will be sold as described below. There is no limit to the number of Raffle tickets an eligible individual may purchase.
Each Raffle ticket to enter to win the Oaks Package costs $100
Each Raffle ticket to enter to win win the Derby Package costs $200
The Winner of the Oaks Package Prize will be drawn from the pool of the Oaks Package Raffle Tickets The Winner of the Derby Package will be drawn from the pool of the Derby Package Raffle Tickets.
Raffle tickets will be available for purchase online by eligible persons see “ELIGIBILITY TO ENTER” above.
NUMBER OF RAFFLE TICKETS: The maximum number of tickets that will be sold is 500 for each package.
ODDS: The odds of winning the Prize depends on the number of valid Raffle tickets sold.
PRIZE(S) AND VALUE OF PRIZE(S):
One Grand Prize will be awarded to the Winner of the Oaks Package drawn from the pool of Oaks Package Raffle Tickets as follows:
Oaks Package Grand Prize
4 Passes to Kentucky Oaks Millionaires Row (Level 6);
4 Passes to a Paddock Viewing;
4 Passes to View the Winner’s Circle;
4 Passes to the Unbridled Eve Dance;
4 Passes to a Private Tour of Churchill Downs Backside;
2 custom Derby Hats from Dee’s.
The total value of the Oaks Package Grand Prize is estimated at $3,622.00.
One Grand Prize will be awarded to the Winner of the Derby Package drawn from the pool of Derby Package Raffle Tickets as follows:
Derby Package Grand Prize
4 Passes to Kentucky Derby Millionaires Row Level 6);
4 Passes to Unbridled Eve Gala;
4 Passes to a Paddock Viewing;
4 Passes to View the Winner’s Circle;
4 Official Kentucky Derby Winner’s Party Tickets;
4 Passes to Red Carpet / Green Room Access; and
2 custom Derby Hats from Dee’s.
The total value of the Derby Package Grand Prize is estimated at $8,947.00.
If the Potential Winner (defined below) cannot accept the prize(s) at the date and time it is offered, or if the Potential Winner is deemed to be an Ineligible Person, the Potential Winner will be disqualified, and, in the discretion of Maryhurst, a new winner will be selected. All net proceeds of the Raffle will benefit Maryhust. Prize(s) will be awarded subject to the terms and conditions of these Official Rules. Maryhurst will contact the Potential Winner within ten 10 business days after the date of the Drawing defined below. No substitution, assignment, refund or transfer of a prize is permitted, except by Maryhurst. If Maryhurst is unable to contact the Potential Winner within ten 10 business days after the date of the Drawing or if the Potential Winner is deemed by Maryhurst to be an Ineligible Person, such Potential Winner will be disqualified and a new Potential Winner may be selected at the sole discretion of Maryhurst.
TRANSFER OF RAFFLE ENTRIES: Raffle tickets are non-transferable. All Raffle tickets that have been resold or transferred in violation of these Official Rules shall be void. All individuals who re-sell or purchase re-sold Raffle tickets in violation of these Official Rules shall be ineligible to participate in the Raffle or to win a Prize.
DRAWING: The Potential Winner for the Oaks Package and the Derby Package will be selected in a random drawing from eligible Entries received for each package (the “Drawing”). The potential winner need not be present to win. The Drawing will be held on April 18th, at 11:00 am at Churchill Downs, 700 Central Ave, Louisville, KY 40208. If for any reason whatsoever the Drawing cannot be held at that time, it will be held within a reasonable time thereafter. Entries that are not selected in the Drawing will be discarded. The winning ticket number(s) will also be posted on https://www.facebook.com/MaryhurstInc within forty eight 48 hours of the Drawing and will remain posted on the website for thirty 30 calendar days. The purchaser of the winning Raffle ticket a “Potential Winner” will be contacted, using the contact information associated with the Raffle ticket purchase, by Maryhurst within ten 10 business days.
DETERMINATION OF OFFICIAL WINNERS: Maryhurst shall have the sole discretion to determine whether a Potential Winner is an official winner of a Prize (an “Official Winner”). Maryhurst’s decision concerning the determination of an Official Winner shall be final and binding.
To become an Official Winner: (1) a Potential Winner must be eligible to participate in the Raffle under these Official Rules and must not be in violation of these Official Rules as determined by Maryhurst in its sole judgment; (2) the Potential Winner’s identity, residence and winning ticket must be verified by Maryhurst; (3) the Potential Winner must execute and return to Maryhurst an affidavit of eligibility and liability publicity release on a form to be provided by Maryhurst before the Prize is awarded; (4) the Potential Winner must provide Maryhurst with all tax identification information required by federal, state or local law and, provide Maryhurst with payment of required Federal tax withholding of 25% (the value of the prize less raffle ticket cost), due prior to that Potential Winner’s receipt of a Prize; (5) the Potential Winner is responsible for tag, title and taxes of the prize; and (6) Potential Winner is responsible for transportation of prize.
If for any reason whatsoever all of the foregoing requirements are not satisfied with respect to a particular Potential Winner, or if Maryhurst is unable for any reason to identify the holder of the winning Raffle Ticket, then that Potential Winner’s Prize will be deemed forfeited. Any entry that Maryhurst determines, in its sole judgment, was stolen, re-sold, unissued, ineligible, altered counterfeit in whole or in part, defective, printed in duplicate or printed produced in error will be void. Official Winner is solely responsible for any and all costs, fees, taxes, or expenses associated with prize award, and the receipt and use of the prize award, including, without limitation, all federal, state and local taxes on the prize, and any other expenses not expressly provided for herein. If applicable, Official Winner will be issued an IRS Form 109 for the amount of the prize. In the event of any dispute regarding the identity of the owner of the winning Raffle ticket, Maryhurst shall determine the identity of the Potential Winner in its sole discretion. Maryhurst shall conclusively presume that the purchaser of the winning Raffle ticket, as determined by credit-card purchase records, is the lawful owner of that Raffle ticket and such purchaser resides at the billing address of record. In the unlikely event that an error or problem in the administration of the Raffle results in two 2 Raffle ticket purchasers holding winning Raffle tickets that contain identical ticket numbers, then the person who has record of the earliest ticket purchase shall be deemed to hold the winning ticket.
GENERAL CONDITIONS: The Released Parties defined below under “RELEASE OF LIABILITY” are not responsible for: (1) Entries which are stolen, lost, damaged, illegible, given away or no longer in the purchaser's possession, (2) Entries that have been or may have been tampered with or re-sold in violation of these Official Rules; (3) Entries or payments that are delayed, misdirected, undelivered, not fully captured, or garbled; (4) the inability of a purchaser or prospective purchaser of an Entry to connect or stay connected to the Internet, to log on to any website, or to participate in or complete any online communication or activity related to the Raffle; (5) 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 5, “Errors”, including without limitation Errors in Raffle-related materials or in the administration of the Raffle, such as Errors in processing Entries, identifying Potential Winners, determining the Official Winners, or announcing or delivering a Prize.
If any portion of the Raffle is compromised, in sole judgment of Maryhurst, by Errors or unauthorized activity or other causes which, in sole judgment of Maryhurst, corrupt or impair the administration, security or fairness of the Raffle, or the proper submission or capture of Entries each, a “Compromising Event”, then Maryhurst reserves the right, in its sole discretion, to suspend, modify or terminate the Raffle, and to select winners from all eligible, non-suspect Entries received before the known occurrence or discovery of such Comprising Event.
All Entry purchases shall be final, and no refunds or replacements will be issued by Maryhurst. Maryhurst reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the Raffle process or the operation of the Raffle or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of this Raffle is a violation of criminal and civil laws, and, should such an attempt be made, Maryhurst reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Maryhurst’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision or any other provision of these Official Rules. Maryhurst has sole and final decision on admissibility of entries and the determination of the Official Winner.
RELEASE OF LIABILITY: By entering, each entrant agrees to abide and be bound to these Official Rules, and to release, indemnify and hold harmless: Maryhurst, Red7e, Churchill Downs, Inc., and each of their respective directors, board members, officers, owners, shareholders, subsidiaries, members, partners, agents, representatives, employees, successors, parents, heirs, executors, administrators and affiliates individually a “Released Party” and collectively, the “Released Parties” against any and all liability, claims, losses, damages or causes of action of any kind however named or described with respect to or arising out of (i) entrant’s participation in the Raffle or winning any Prize, and (ii) from acceptance, possession, misuse or use of any prize or participation in this Raffle or any Raffle related activity, and the Official Winner agrees to release, indemnify and hold the Released Parties harmless from any and all losses, damages, rights, claims and actions of any kind rising in connection with or as a result of participating in the Raffle or the Winner’s acceptance or use of any Prize.
LIMITATION OF LIABILITY: A Raffle entrant’s sole and exclusive remedy for any Released Party’s breach of duty or conduct related to the Raffle shall be limited to the return of the purchase price paid for his or her Raffle tickets. In no event shall any Released Party be liable to any person for any loss or injuries to earnings, profits or goodwill, or for any incidental, special, punitive or consequential damages of any person or entity whether arising in contract, tort or otherwise, arising out of the Raffle.
PUBLICITY RELEASE: The Official Winner, by accepting his or her Prize, Maryhurst and the designees and affiliates of Maryhurst and Red7e, full permission, except where legally prohibited, to use the Official 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.
TRADEMARKS: All trademarks are the property of their respective owners, and may not be used except with express written consent of the trademark owners.
DISPUTES; SEVERABILITY: Each Raffle participant agrees that: (a) 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, and solely and exclusively in a federal or state court located in Jefferson County, Kentucky; participant submits to sole and exclusive personal jurisdiction to said courts in Jefferson County, Kentucky for any such dispute and irrevocably waives any and all rights to object to such jurisdiction, including any objection of inconvenient forum; (b) any and all claims, judgments, and awards shall be limited to actual out of pocket costs incurred, including costs associated with entering this Raffle, but in no event shall attorneys’ fees be awarded; and (c) under no circumstances will participant be permitted to obtain awards for and participant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of participants or Maryhurst in connection with the Raffle shall be governed by, and construed in accordance with, the laws of the State of Kentucky, without giving effect to any choice of law or conflict of law rules of provisions whether of the State of Kentucky, the United States, or any other jurisdiction, which would cause the application of the laws of any jurisdiction other than the State of Kentucky. If a court of competent jurisdiction finds that 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 that determination, and shall remain enforceable to the fullest extent permitted by law.