Official Rules and Terms of Raffle at Phoenix Raceway
Phoenix Speedway, LLC through Arizona Accelerator Charities, a donor advised fund of The NASCAR Foundation will execute a single-prize chance drawing ("Raffle") to be conducted during the 2020 NASCAR® Championship Weekend (the "Event") at Phoenix Raceway (the "Venue"), 7602 S Avondale Blvd, Avondale, AZ 85323. The Event shall consist of multiple days of activity at the Venue, including automobile races and practice sessions (each an "Event Day" and collectively the "Event") to be held beginning Monday, September 28, 2020 and concluding on Sunday, November 8, 2020.
RAFFLE PERIOD: The Raffle begins at approximately 9:00 AM Arizona Time ("AZ") on Monday, September 28, 2020 and concludes on Sunday, November 8, 2020 or whenever NASCAR Champinsip Weekend is held, if delayed or postponed past the scheduled date (the "Raffle Period"). As further outlined below, entrants may obtain Raffle Tickets (defined below) will be offered exclusively on mobile/online sales.
ELIGIBILITY: At time of entry, entrants must be at least 18 years of age and present in the Raffle Area (defined below). Phoenix Raceway or Phoenix Raeway's appointed representatives have the right to request photo identification from any person desiring to enter the Raffle. The Raffle will be offered exclusively on mobile/online sales to anyone within the state of Arizona (the "Raffle Area"). Void outside the Raffle Area and where prohibited by law, rule, or regulation. All federal, state, and local laws and regulations apply. Employees, officers, directors, agents and representatives of Phoenix Raceway, or any other entity or person directly involved in the development or administration of the Raffle, and members of such employees, officers, directors, agents and representatives' immediate family and residents of their household (whether related or not), are not eligible to enter. "Immediate family" includes only an employee's (or officer's, director's, agent's or representative's, as applicable) spouse, parents, grandparents, children, and employee's (or officer's, director's, agent's or representative's, as applicable) siblings living in the same household (at least three months a year).
TO OBTAIN RAFFLE TICKETS: Raffle tickets (each a "Ticket" or a "Raffle Ticket") may be obtained during the Raffle Period as follows:
1. Mobile Device Sales: On September 28, 2020 beginning at approximately 9:00 AM Arizona Time ("AZ”) through the conclusion of Stage 4 of the 2020 NASCAR Cup Series Championship race held on Sunday November 8, 2020 (the "Mobile Device Entry Period") by visiting http://www.PhoenixRaceway5050.com. DATA CHARGES MAY APPLY TO USE OF MOBILE PHONE/DEVICE TO PARTICIPATE IN THE RAFFLE. LOCATION SERVICES MUST BE ENABLED ON THE DEVICE IN ORDER TO PARTICIPATE IN THE RAFFLE. USER MUST BE WITHIN THE DEFINED RAFFLE AREA TO PURCHASE.
The Mobile Device Entry Period, Entry Period and NASCAR Championship Weekend Entry Period are collectively referred to herein as the "Entry Period". If for any reason the Entry Period for the Raffle commences but an Event Day or Events get postponed or cancelled prior to start of the NASCAR Cup Series event, then the Entry Period shall be deemed to have ended at such time as an announcement is made over the Venue's Public Address System and/or online via PIR's website www.PhoenixRaceway5050.com that the Event Day or Events have been postponed or cancelled, and the drawing will be held at such time later that date as Phoenix Raceway shall determine in its sole discretion.
Each Ticket will bear a unique identification number ("Ticket Number") and those numbers shall be used to determine the winner of the Raffle. Tickets are only for this specific Raffle and not for future raffles. There are suggested minimum cash contributions to in connection with the receipt of Tickets (with the total amount of all such contributions made during the Entry Period in connection with the receipt of Tickets, as determined by the Phoenix Raceway in its sole discretion, being hereinafter referred to as the "Raffle Proceeds").
Phoenix Raceway also may elect from time-to-time to designate other location(s) at which Tickets may be obtained, at its discretion. These are the only methods of obtaining Raffle Tickets. Tickets will not be distributed via U.S. mail, e-mail, or any other method. A request for and receipt of a Ticket constitutes the entrant's full and unconditional agreement to and acceptance of these rules, terms and conditions, including all entry requirements. Phoenix Raceway is not responsible for Tickets that are lost, misdirected, garbled, distorted, truncated, incomplete, illegible, damaged, defaced, altered, copied or incorrect for any reason, and all such Raffle Tickets are void. Phoenix Raceway reserves the right in its sole discretion to disqualify any Raffle Ticket at any time that in its opinion does not comply with these Official Rules.
DRAWING AND NOTIFICATION OF PRIZE WINNER: The potential winner of the Raffle "Grand Prize" (as that term is defined hereinafter) will be selected by random drawing from all eligible entries received during the Entry Period, and the winning Ticket Number ("Winning Number") announced and posted on www.PhoenixRaceway5050.com/winners.
The Winning Number for the Raffle shall be posted ("Website Posting") at www.PhoenixRaceway5050.com/winner following the NASCAR Championship Weekend "Claims Period" (as that term is defined hereinafter), or can be obtained by calling 623-463-5600 ("Phoenix Raceway Telephone Number") during the Phoenix Raceway Business Hours ("Phoenix Raceway Representative").
In order to be eligible to claim the Grand Prize, the Raffle Winner must deliver the Winning Ticket to a Phoenix Raceway Representative at the Phoenix Raceway Administration Office, located at 125 S. Avondale Blvd., #200, Avondale AZ 85323, during normal business hours, within the time period (the "Claims Period") that ends at the close of business hours on Sunday November 8, 2020. Any transportation required for the Raffle Winner to make delivery of the Ticket shall be the Raffle Winner's sole responsibility and will not be furnished or paid for by Phoenix Raceway or Venue. The original Winning Ticket is the only valid receipt for claiming the Grand Prize. The Released Parties (as defined below) are not responsible for lost or stolen Raffle Tickets or Raffle Tickets redeemed in error by their agents.
The potential winner shall be required, at the time the potential winner delivers the Winning Ticket to Phoenix Raceway, to provide his or her mailing address ("Mailing Address") and telephone number, to execute and deliver to Phoenix Raceway an Affidavit of Eligibility and Liability/Publicity Release provided by Phoenix Raceway and in a form acceptable to Phoenix Raceway in its sole discretion, and to complete a W-2G tax form and present two (2) forms of identification satisfying the requirements for completion of the W-2G, including or as well as at least one (1) valid government-issued photo identification during the Claims Period. Upon presentation of the Winning Ticket to Phoenix Raceway during the Claims Period and verification by Phoenix Raceway that it bears the Winning Number and is the authentic Winning Ticket (with the date upon which the Winning Ticket is presented to Phoenix Raceway being hereinafter referred to as the "Delivery Date"), Phoenix Raceway will photograph the Ticket and shall provide the Raffle Winner with written verification that he or she has won the Raffle. Upon compliance with the foregoing provisions, Phoenix Raceway shall mail a check in payment of the Grand Prize, less the "Withholding Amount" (as that term is defined hereinafter), if any, to the Raffle Winner at the Mailing Address within thirty (30) days after the Delivery Date.
Raffle Winner may be issued Internal Revenue Service ("IRS") tax forms or other required documentation and/or reporting forms for the value of the prize awarded if required and is solely and exclusively responsible for any and all state, federal or local income taxes that may result from his or her acceptance of prize. Phoenix Raceway is required by law to withhold and remit to the Internal Revenue Service on any winner's behalf an amount equal to twenty-five percent (25%) of any prize awarded (such amount being referred to herein as the "Withholding Amount") if the value of such prize exceeds $5,000 and 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) or as otherwise required by law.
Phoenix Raceway will award the Grand Prize only upon verification of the Raffle Winner and the Winning Ticket in Phoenix Raceway's sole discretion. Decisions by Phoenix Raceway as to Raffle Winner's eligibility and acceptance or disqualification will be final and binding. If the potential winner has not complied with these Official Rules, including the timely delivery of the Winning Ticket, the provision of his or her photo identification and another acceptable form of identification as noted above, Mailing Address and telephone number, and the execution of the Affidavit of Eligibility and Liability/Publicity Release and W-2G tax form during the Claims Period, the Grand Prize will be forfeited and shall be retained by Phoenix Raceway to be donated to a TBD charity. 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 Phoenix Raceway to be donated to a TBD charity. 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 the winner in Phoenix Raceway's sole discretion and the potential winner may forfeit the Grand Prize.
If no one presents the Winning Ticket to Phoenix Raceway 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 Phoenix Raceway and donated to a TBD charity. The Grand Prize will not be awarded to any other person. Phoenix Raceway will not be required to attempt to notify or locate the holder of the Winning Ticket in any manner other than being announced and posted. Phoenix Raceway also will not be responsible if the holder of the Winning Ticket leaves the race before the announcement or postings are made, is not in his or her seat when the announcement and/or postings are made, does not hear or see the announcement and/or posting, does not inquire in-person at the Guest Services Information Desk, does not check the Website Posting or call the Phoenix Raceway 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 time as set forth in these Official Rules. If the holder of the Winning Ticket attempts to deliver the Winning Ticket to Phoenix Raceway and collect the Grand Prize at a later time or date, 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, the greater of: (a) fifty percent (50%) of the Net Raffle Proceeds; or (b) Fifty Dollars ($50.00) (the "Grand Prize"). "Net Raffle Proceeds" shall mean total Raffle Proceeds for the Tournament less (i) any contractually-agreed upon royalty payments (i.e., in connection with the use of third party technology) and (ii) the Withholding Amount, if any. In the event that Raffle Winner, on the date that the Grand Prize is claimed, has an outstanding, past-due balance with Phoenix Raceway, Phoenix Raceway is authorized to withhold up to one hundred percent (100%) of the Grand Prize in settlement of all or a portion of such outstanding debt, as applicable. For purposes of clarification, Phoenix Raceway will withhold only that amount necessary to satisfy the outstanding debt. Any and all remaining Grand Prize amounts shall be issued to Raffle Winner in accordance with the terms and conditions of these Official Rules.
PRIZE RESTRICTIONS AND ODDS: The Grand Prize is not transferable or assignable and cannot be substituted for another prize. 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. Odds of winning the Grand Prize depend on the number of eligible entries received.
PUBLICITY RELEASE: The Raffle Winner agrees that acceptance of the Grand Prize grants to Phoenix Raceway, the Venue, , and each of their respective related entities, the right to print, publish, broadcast, and use world-wide and in perpetuity, in any media now known or later developed, at any time or times, the winner's name, portrait, picture, voice, likeness, and biographical information for any purpose, including, but not limited to, in advertisements, publicity, and other communications without additional compensation, except where prohibited by law.
LIMITATION OF LIABILITY & DISCLAIMER OF WARRANTIES: As a condition of entering the Raffle and by accepting a Ticket, each entrant agrees that: (1) under no circumstances will the entrant be permitted to obtain awards for, and entrant 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, THE RAFFLE WINNER AGREES TO RELEASE, DISCHARGE, INDEMNIFY, AND HOLD HARMLESS, PHOENIX SPEEDWAY, LLC, DBA PHOENIX RACEWAY, INTERNATIONAL SPEEDWAY CORPORATION, NATIONAL ASSOCIATION FOR STOCK CAR AUTO RACING, INC., BUMP WORLDWIDE, INC., AND ANY OTHER COMPANY INVOLVED IN THE DEVELOPMENT OR ADMINISTRATION OF THIS RAFFLE, AND EACH OF THEIR RESPECTIVE MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS (COLLECTIVELY, THE "RELEASED PARTIES"), FROM ANY AND ALL LIABILITY FOR ANY INJURY, LOSS, OR DAMAGE OF ANY KIND TO PERSONS, INCLUDING DEATH AND PROPERTY, WHETHER DIRECT OR INDIRECT, WHICH MAY BE DUE TO OR ARISE OUT OF (I) PARTICIPATION IN THE RAFFLE, (II) THE ACCEPTANCE, DELIVERY, USE, MISUSE, NON/USE, OR POSSESSION OF THE GRAND PRIZE, OR (III) PARTICIPATION IN ANY PRIZE-RELATED ACTIVITY.
By participating in the Raffle, you agree that the Released Parties: (a) are not responsible for technical failures of any kind, including but not limited to lost, disconnected, interrupted, or unavailable network, server, or other connections, late, lost, undeliverable, damaged or stolen mail, or for any failed telephone or computer hardware or software, or for any failed, delayed, misdirected, corrupted, or garbled transmissions or errors of any kind, whether human, mechanical, or electronic, or for Tickets that for any reason are not properly distributed or presented by any deadline stated above; (b) are not responsible for any incorrect or inaccurate information, whether caused by entrants or other participants, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Raffle or in the printing of this offer, administration of this Raffle, or in the selection or announcement of the Winning Ticket or the Grand Prize; (c) are not responsible for any injury or damage to any computer, modem or other electrical device as a result of participation in this Raffle or downloading of any software or materials; (d) are not responsible for unauthorized human intervention in any part of the Raffle; (e) are not responsible for any unauthorized third party use of any Raffle-related materials; (f) are not responsible for the inability to select winner because of postal failure, equipment failure, or data storage failure; and (g) are not responsible for any printing, typographical, technical, computer, network or human error that may occur in the administration of the Raffle, the distribution of Raffle Tickets, the selection of Winning Ticket, the prize or otherwise in any Raffle-related materials.
RELEASED PARTIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND (WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE), INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. RELEASED PARTIES SHALL NOT BE LIABLE OR RESPONSIBLE FOR THOSE GUARANTEES OR WARRANTIES MADE OR OFFERED BY ADVERTISERS, PARTNERS, MANUFACTURERS OR SUPPLIERS, INCLUDING THOSE RELATED TO GRAND PRIZE. UNDER NO CIRCUMSTANCES SHALL RELEASED PARTIES BE HELD RESPONSIBLE OR LIABLE FOR YOUR USE OF THE INFORMATION AND/OR PRODUCTS PROVIDED AND/OR MADE AVAILABLE THROUGH THE RAFFLE OR FOR ERRORS OR ANOMALIES RESULTING IN THE UNINTENDED OR ERRONEOUS PARTICIPATION, AWARD OF PRIZE OR OTHER BENEFITS UNDER THESE OFFICIAL RULES. RELEASED PARTIES OFFER NO ASSURANCES, GUARANTEES OR WARRANTIES THAT THE RAFFLE OR RELATED WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE AND DO NOT GUARANTEE THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE RAFFLE.
Phoenix Raceway reserves the right, in its sole discretion, to terminate, modify, or suspend the Raffle should Phoenix Raceway determine, in its sole discretion, that any virus, bug, unauthorized 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, Phoenix Raceway will select the Winning Number from all eligible entries received prior to the aforesaid action taken by Phoenix Raceway. Phoenix Raceway is not responsible for, and reserves the right to correct, typographical, clerical, or printing errors in any Raffle-related materials, including these Official Rules. Phoenix Raceway may exclude, disqualify, or terminate participation in the Raffle to any entrant who, in Phoenix Raceway's sole discretion: (a) ignores these Official Rules; (b) acts in a manner Phoenix Raceway determines to not be fair; (c) acts with an intent to annoy, threaten, or harass any other entrant or the Phoenix Raceway; (d) acts in any other disruptive manner; or (e) tampers with the entry process. Phoenix Raceway will not replace any lost, mutilated, or stolen Tickets. Phoenix Raceway reserves the right to make changes in the rules of the Raffle, which changes will become effective upon publication of revised Official Rules at www.PhoenixRaceway5050.com/rules.
CAUTION: ANY ACT OR ATTEMPT BY AN ENTRANT TO UNDERMINE THE LEGITIMATE OPERATION OF THE RAFFLE MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, PHOENIX RACEWAY RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL(S) TO THE FULLEST EXTENT PERMITTED BY LAW.
CHOICE OF LAW AND JURISDICTION: Except where prohibited by law, all issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of entrants, the potential winner, and Phoenix Raceway in connection with any Raffle, shall be governed by, and construed in accordance with, the law of the State of Arizona without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Arizona or any other jurisdiction) that might otherwise cause the application of the laws of any jurisdiction other than the State of Arizona. Any action seeking legal or equitable relief arising out of or relating to any Raffle or these Official Rules shall be brought only in the courts of the State of Arizona located in Maricopa County.
WINNER'S IDENTITY: For the name of the Grand Prize winner of the Raffle, send a self-addressed, stamped envelope to, Attn: Phoenix Raceway 50/50 Raffle, 1255 W. Rio Salado Parkway, Suite 209, Tempe, Arizona 85281 by Sunday, November 8, 2020.