Celebrities For Charity Foundation, Inc.

Transcription

1 Celebrities For Charity Foundation, Inc. OFFICIAL RULES The following are the official rules ("Official Rules") of the Celebrities For Charity Foundation, Inc. ("CFC") raffle (the Raffle ), to which these Official Rules are linked, and for which you are ordering tickets. The net proceeds from the Raffle will benefit the charitable entity ( Charity ) referenced on the webpage to which these Official Rules are linked, which is a charity of the Major League Baseball Club ( Club ) referenced on such webpage. A. General Rules: 1. Eligibility: Eligible individuals worldwide who are at least eighteen (18) years of age at the time of entry (each, an Entrant ) may purchase raffle tickets for this Raffle. The following persons are not eligible to order raffle tickets or to win the Raffle regardless of age: (a) employees, officers and directors of CFC, (b) the Entrants Agent (defined below); (c) employees, officers and directors of MLB Advanced Media, L.P. ( MLBAM ), (d) employees, officers and directors of the MLB Entities (defined below), (e) officers, directors and trustees of any charity that is associated with or benefitting from this Raffle, (f) officers and directors of any sponsor, or any other prize provider, for this Raffle, (g) officers and directors of any provider or administrator of software and information technology services used to conduct this Raffle, and any employee of any such provider or administrator who has directly provided services to CFC, (h) officers and directors of each of the respective parent companies, subsidiaries, and affiliates of any entity mentioned in this paragraph (collectively, the individuals and entities described in Rule 1(a) (h) are sometimes referred to in these Official Rules as Released Parties and the individuals and entities described in Rule 1(c), (d) and (e) are sometimes referred to hereafter as the Prize Sponsors ), and (i) the immediate family members (spouse, parents, children, siblings and their respective spouses, regardless of where they are living) of, and anyone else living in the same household (whether or not related) as, any individual mentioned in this paragraph. In addition to the foregoing, anyone deemed by CFC, in its sole discretion, to be in the position to create even a perception of having an undue influence on the results of the Raffle, whether or not any such undue influence actually exists, is not eligible to participate and win. As used in these Official Rules, the term MLB Entities means MLBAM, the Office of the Commissioner of Baseball ( BOC ), its Bureaus, Committees, Subcommittees and Councils, all Major League Baseball Clubs (together with the Club, the Clubs ), Major League Baseball Enterprises, Inc., Major League Baseball Properties, Inc., each of their parent, subsidiary, affiliated and related entities, any entity which, now or in the future, controls, is controlled by, or is under common control with the Clubs or the BOC and the owners, general and limited partners, shareholders, directors, officers, employees and agents of the foregoing entities. This Raffle is subject to all applicable federal, state and local laws, rules and regulations and is void where prohibited or restricted by law, rule or regulation. 2. How to Participate: Follow the instructions provided to fully complete and submit your online order to purchase tickets for the Raffle. There is no restriction on the number of times you may order tickets for the Raffle. Online orders must be received by the entry deadline as specified in section B4c of these Official Rules (the Entry Deadline ). No orders will be accepted after the specified Entry Deadline unless the Entry Deadline has been extended as permitted by section B4c of these Official Rules. No computer generated facsimiles, mechanically reproduced, or mass orders are permitted, and agents, bulk sellers, professional fundraisers, dealers, or distributors of raffle tickets are not permitted to participate, and any and all such orders will be void. All information submitted online by Entrants is subject to Club s Terms of Use and Privacy Policy, both of which are accessible from links at the bottom of the Main Raffle Page. With regard to any information that CFC is required to retain by law, CFC will retain this information in a manner consistent with applicable law. Entrants must fully complete and submit all non-optional data requested on the online order form to purchase tickets. Incomplete orders are void. All order forms and other material and information submitted by the Entrant become the sole property of the MLB Entities and CFC and will not be returned.. When placing an order to purchase tickets for the Raffle, the Entrant will be given the option to receive (a) mobile text messages regarding other raffles and events pertaining to the celebrity, Club, or subject matter associated with the Raffle, and/or (b) commercial s from the celebrity, Club, and/or charity(s) associated with the Raffle, However, eligibility to participate in the Raffle is not dependent upon Entrant's consent to receive any such mobile text messages and/or s, and consenting to receive such mobile text messages and/or s does not impact Page 1 of 8

2 Entrant's chances of winning. Each Entrant gives his/her express permission to be contacted by CFC by postal mail for purposes related to this Raffle. Released Parties are not responsible for lost, incomplete, illegible, late, damaged, inaccurate, misdirected, stolen, garbled, mutilated, undelivered orders or , failures or malfunctions of phones, phone lines or telephone systems; lost orders, transmissions; any error, omission, interruption, defect or delay in transmission, transaction processing, or communication; interrupted or unavailable network, cable, satellite, Internet Service Provider (ISP), server or other connections including those through and/or by any website; miscommunications, failed computer hardware or software or technical failures; non-delivery; misdirected, blocked, or delayed notifications; garbled, misrouted or scrambled transmissions; printing, typographical or other errors appearing within these Official Rules, in any Raffle-related advertisements or other materials; or other errors or problems of any kind whether mechanical, human, telephone, electronic, network, mail or otherwise relating to or in connection with the Raffle, including, without limitation, the cancellation or postponement of any game, event or exhibition, errors or problems which may occur in connection with the administration of the Raffle, the processing of orders, mail or e- mail and/or the announcement of the winner. CFC reserves the right, in its sole discretion, to void any and all orders or tickets of an Entrant who CFC believes has attempted to tamper with or impair the administration, security, fairness or proper play of this Raffle, or who is otherwise not in compliance with these Official Rules. The use of automated entry or similar devices to participate or subvert the order process is prohibited and all orders and tickets purchased through such devices are void. In the event of a dispute as to the identity of any Entrant, such Entrant will be deemed to be the "authorized account holder" of the address submitted at the time of order provided he/she is eligible according to these Official Rules. "Authorized account holder" is defined as the natural person who is assigned to the address by an Internet access provider, online service provider or other organization (e.g., a business, educational institution, etc.) which is responsible for assigning addresses for the domain associated with the submitted address. Proof (to CFC s satisfaction) of being the authorized account holder may be required by CFC. 3. Gift Recipients: Entrants qualified to order and purchase tickets for this Raffle, may use the website s gifting feature to gift their Digital Tickets, as described in section A10 of these Official Rules, to another person who is qualified to order and purchase tickets to this Raffle, or except for being less than 18 years of age or older, would otherwise be qualified to order and purchase tickets for this Raffle (each, a Gift Recipient ), without violating the Official Rules of this Raffle. The Entrant s acceptance of these Official Rules also binds the Gift Recipient and, if Gift Recipient is a minor, the Gift Recipient s parents or legal guardian, to these Official Rules. In addition, by accepting a Digital Ticket, Gift Recipient, or, if Gift Recipient is a minor, Gift Recipient s parents or legal guardian, agree to be bound by these Official Rules as an Entrant and, if selected as a winner, as a winner. For the avoidance of doubt, all references to Entrants (other than in this paragraph) of these Official Rules shall deemed to include Gift Recipients. 4. Traditional Media: The Entrant acknowledges and agrees that this Raffle is not in any way sponsored, endorsed or conducted by, or associated with any local, regional or national broadcaster, including but not limited to ABC, CBS, FOX, NBC, TBS, ESPN, any other cable broadcast company(s) or network(s) or radio stations, or any other media company including, but not limited to, newspapers, magazines, websites, or any other print or electronic media used by CFC, the MLB Entities or the Released Parties to promote the Raffle (collectively Traditional Media ). 5. Social Media: The Entrant acknowledges and agrees that this Raffle is not in any way sponsored, endorsed or conducted by, or associated with Facebook, Instagram, Twitter, or YouTube, or any other social media company that may be used by CFC or the Released Parties to promote the Raffle (collectively Social Media ). The Entrant further acknowledges and agrees that by entering this Raffle, that the Entrant is providing his or her information to CFC and not to the Social Media. 6. Conduct of Raffle: The Entrant acknowledges and agrees: (a) that this Raffle is being conducted exclusively by CFC in the Commonwealth of Massachusetts, and (b) that any donation of prizes, or efforts to advertise the Raffle, by any Released Party, Traditional Media, or Social Media, is done so on a voluntary basis and does not in any way, and cannot be construed in any way to, suggest that any Released Party, MLB Entity, Traditional Media, or Social Media is conducting this Raffle. 7. Odds of Winning: The odds of winning one of the Prizes, as defined in section B4a of these Official Rules, depends upon the total number of raffle tickets sold. There is no limit on the total number of tickets that will be sold for this Raffle. Page 2 of 8

3 8. Taxes: The Internal Revenue Service takes the position that no portion of the ticket price will qualify as a charitable contribution for income tax purposes. Moreover, the Internal Revenue Service and the Massachusetts Department of Revenue, the jurisdiction in which this Raffle is being conducted, treats the value of prizes won in a raffle as ordinary income for tax purposes. To mitigate these potential expenses, each Prize includes a cash component, paid directly to the Internal Revenue Service, and to the Commonwealth of Massachusetts, that is sufficient to cover the approximate withholding requirements of the Internal Revenue Service and the Commonwealth of Massachusetts; such that the winner is not required to remit any funds to CFC to claim his/her prize. However, this cash component is only meant to mitigate the winner s potential tax liability and the winner, depending on his/her personal circumstances, may or may not be required to pay additional taxes to the Internal Revenue Service and/or the Commonwealth of Massachusetts and/or any other applicable jurisdiction or authority. Any additional taxes that may be due are the sole responsibility of the winner. Please consult with your tax advisor to determine what your personal tax liability would be should you win the Raffle. 9. United States Postal Regulations: Entrant hereby acknowledges that he/she is aware that depositing the ticket or any other material in connection with the Raffle, in the U.S. federal mail system is a violation of federal law and may lead to criminal penalties. 10. Electronic Signature & Digital Tickets: Entrant acknowledges that he/she has read the Official Rules of this Raffle, and agrees that by submitting the order form to CFC, he/she will be contractually bound by the Official Rules of this Raffle upon acceptance of the Entrant s order by CFC. Furthermore, the Entrant also acknowledges and agrees that by clicking the I Agree box on the order form and by entering his/her electronic signature on the order form and submitting the order form to CFC, that the Entrant will have affixed his/her electronic signature to the order form, certifying that he/she has read the Official Rules of this Raffle, and that he/she agrees to be bound by them. Moreover, in certain circumstances, the Commonwealth of Massachusetts requires that each Raffle ticket purchased be signed by the purchaser and the person selling the ticket. In such circumstances, the Entrant hereby acknowledges and agrees, that upon acceptance of the Entrant s order, and issuance of his/her tickets, that the electronic signature provided with the order form will also be affixed as the Entrant s electronic signature to the tickets purchased by the Entrant. The Entrant also acknowledges and agrees that all Raffle tickets issued pursuant to this Raffle will be digital tickets (the Digital Tickets ), and that no paper tickets will be issued. Moreover, each Digital Ticket issued shall have the electronic signature of the President of CFC affixed to it, at the time such Digital Ticket is issued. 11. Limited Power of Attorney & Entrants Agent: The Entrant hereby authorizes and grants CFC an irrevocable durable limited power of attorney for the sole purpose of retaining the services of an attorney to act as the agent, (the "Entrant's Agent") for the Entrant as an individual, and the Entrants as a whole. The Entrant further authorizes CFC to prepay the Entrant's Agent for his or her services on behalf of the Entrant. Moreover, the Entrant hereby authorizes and grants the Entrant's Agent an irrevocable durable limited power of attorney for the sole purpose of receiving and holding the Entrant's Digital Tickets, which the Entrant hereby acknowledges and agrees will be transferred and stored in electronic format. Furthermore, the Entrant hereby acknowledges and agrees that the Entrant's Agent will hold both the Entrant's tickets, as well as all the tickets of all the Entrants as a whole, and the Entrant agrees that this does not in any way create any conflict of interest with regard to the responsibilities of the Entrant's Agent. The Entrant also hereby acknowledges and agrees that the Entrant's Agent's responsibilities are limited to the following: (a) receiving the Entrant's Digital Tickets on behalf of the Entrant, (b) holding and safeguarding the Entrant's Digital Tickets, in electronic format, on behalf of the Entrant, and all of the Entrants as a whole, and, (c) upon the request by CFC, printing a hard copy of the winning ticket for CFC. Additionally, the Entrant hereby acknowledges and agrees that the Entrant's Agent is not responsible to produce a hard copy, or a copy in any other medium, of any Digital Ticket prior to the Winner being drawn, or for any nonwinning Digital Tickets after the Winner has been drawn. The Entrant also acknowledges and agrees that CFC will be reimbursed from the proceeds of the Raffle for CFC's prepayment, on behalf of the Entrant, of the Entrant's Agent's fees. 12. Ticket Order Processing: Entrant acknowledges and agrees to the following: (a) that by submitting his/her order, the Entrant is making an offer to purchase Raffle tickets from CFC; (b) that CFC's receipt of the Entrant's order does not constitute CFC's acceptance of the Entrant's order; (c) that upon CFC's receipt of the Entrant s order, CFC will send the Entrant's credit card information, via a secure router, to the Entrant's credit card provider, or a secure third party that provides verification services for the credit card provider, and await confirmation that the transaction has been authorized by the Entrant s credit card provider; (d) that upon receipt of a credit authorization code, CFC will accept the Entrant's order, at which time the Entrant and CFC will be contractually bound by the Official Rules Page 3 of 8

4 of this Raffle and CFC will have received payment for the Entrant s order; (e) that CFC will then issue Digital Tickets in the name of the Entrant, or, if gifted, the Gift Recipient, which will be forwarded to the Entrant's Agent, who is an attorney that has been prepaid by CFC, on behalf of the Entrant, and is fiducially bound to represent the interests of the Entrant; and, (f) CFC will issue the Entrant an electronic receipt for his or her purchase that will provide reference numbers, which are not the Digital Ticket numbers, but rather a unique number formulated for each unique Digital Ticket number issued to the Entrant. Moreover, once the Entrant's order has been accepted by CFC, it cannot be cancelled by the Entrant. The Entrant hereby acknowledges and agrees that all sales are final and that no refunds or exchanges will be issued. 13. Selection of Winner: A potential winner or winners (if there is more than one Prize) shall be selected on the Drawing Date referenced on the Main Raffle Page, which may be extended as permitted by section B4d of these Official Rules. The winner will be selected by running a computer program that uses an algorithm to select a random winner from all of the Digital Tickets issued for the raffle. Each Digital Ticket has an equal chance of winning, provided, however, that if there is more than one Prize, anyone living in the same household (whether or not related) as a potential winner of a Prize cannot win another Prize. Entrants do not need to be present at the drawing to win. CFC will use all reasonable efforts to notify the potential winner(s), who will be announced as the winner(s) of the Raffle in the manner determined by CFC after verification of eligibility and compliance with the terms of these Official Rules. 14. Qualification of Winner: Each potential winner will be required to execute and return an Affidavit of Eligibility, Liability Release, Internal Revenue Service form W-9 (W-8BEN for non-us residents), a Publicity Release and such other documentation as CFC may reasonably require (if any), within two (2) days of date of issuance of notification. In the event that the Digital Tickets were gifted to a minor, in accordance with the Official Rules, then a parent or legal guardian of the winner must execute and return the Affidavit of Eligibility, Liability Release, Publicity Release and any other applicable documentation (if any) on behalf of the winner. Non-compliance with any of the foregoing or these Official Rules, the inability to contact the potential winner within a reasonable time period, the failure of the potential winner to return such documents within the specified time period, or the return of a Prize or Prize items, or a prize notification as undeliverable may result in disqualification and, time permitting, awarding of Prize items to an alternate potential winner, at CFC s sole discretion, to be randomly selected from among all remaining eligible Digital Tickets. 15. Claiming Your Prize: Once the winner is or winners are qualified, CFC, at no additional charge, will coordinate the process of claiming Prize items and the delivery of Prize items to the winner(s). (Please note that a winner does not need to claim a Prize in person, option (c) below allows a winner to have a Prize claimed on behalf of the winner and to have Prize items delivered to him/her at no additional charge to the winner). Entrant agrees that if selected as the winner that he/she will either: (a) claim the Prize in person at winner's expense, at CFC's offices in Andover, Massachusetts; or (b) provide satisfactory power of attorney to another person to claim the Prize, on behalf of the winner, and at the winner's expense, at CFC's offices in Andover, Massachusetts; or (c) provide the Entrant's Agent with an irrevocable durable limited power of attorney to claim the Prize on behalf of the winner. If the winner chooses to have the Entrant s Agent claim a Prize on behalf of the winner, it will be done at no additional charge to the winner. Once the winner has legally claimed such Prize, or such Prize has been claimed on behalf of the winner by another person, or the Entrant s Agent, the Prize items, subject to restrictions (if any), will be delivered to the winner at no additional cost to the winner. In the event the Prize items include a presentation ceremony and/or attendance at a game, event, or exhibition, where one or more of the Prize items will be presented, the winner may choose to decline attendance at the presentation ceremony, and/or forfeit any tickets to the game, event, or exhibition, in which case, any remaining Prize items that can be delivered to the winner will be delivered to winner at no additional charge to the winner. Any decision by the winner to decline attendance at the presentation ceremony, and/or forfeit of any tickets to any game, event, or exhibition, or any other prize items, must be in writing and in a form acceptable to CFC, and must be received by CFC prior to delivery of the remaining Prize items (if any). Any and all Prize items forfeited are forever gone and may not be transferred to another party or claimed at later date. All tickets and other Prize items are on an if used basis and will be forfeited, with no compensation to the winner, if they are not used by the winner. 16. Prize Transfer Restrictions: Before all of the Prize items have been awarded and delivered to Winner, Winner may not give, sell, transfer, assign, or substitute, or redeem for cash, or make any commercial use whatsoever of any of the Prize items without the prior express written consent of CFC. Page 4 of 8

5 17. Publicity Release: Each Entrant agrees that if he or she is selected as the potential winner, regardless of whether or not he/she is qualified as the winner, that CFC and the Prize Sponsors, and each of their designees, shall have the right and permission to use (unless prohibited by law) Entrant's name, voice, address (city and state of residence), photograph and/or other likeness for advertising, promotional and/or trade and/or any other purpose in any and all media or format now known or hereafter devised throughout the world, in perpetuity, without limitation and without further compensation, consideration, permission or notification to Entrants or any third parties Additional Documentation and Releases: The Entrant acknowledges and agrees that in addition to any and all documents required by CFC to qualify the Entrant as the winner, and for the winner to claim his/her Prize items, Prize Sponsors, and/or other Prize providers may also require that additional waivers and releases be executed by the winner and the his/her guest(s) (if any) (or their parent(s)/legal guardian(s), if any of the foregoing persons are under the age of eighteen (18)), prior to providing Prize items. In the event that any additional documentation is required, the winner and his/her guest(s) (if any) must complete any and all necessary documents (the necessity of which is at the sole discretion of CFC) in time to utilize any Prize items that are scheduled events or within 2 days following notification, whichever is earlier, as determined by CFC. These documents may include, but are not limited to, any and all documents necessary to complete a CORI, or other background check. Failure to comply with any of these requirements may result in disqualification and the selection of an alternate winner if time permits. Moreover, winner and his/her guest(s) (if any) agree to comply with the terms and conditions specified upon any game, event or exhibition ticket, airline or other travel provider s tickets, or any other ticket issued to the winner and his/her guest(s) (if any) in conjunction with this Raffle. The winner and his/her guest(s) (if any) also agree to comply with the rules and regulations of any and all stadiums or other public or private venues, including any lodging facility(s), that they attend as a result of winning the Raffle and to not act in an unsportsmanlike or disruptive manner, or with any intent to annoy, abuse, threaten or harass any other person, including employees, at any such game(s), event(s), exhibition(s), or lodging facility(s). CFC, and the applicable management of any such stadium, venue, or lodging facility, reserve the right to remove or to deny entry to the winner and/or any guest(s) (if any) who act(s) in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person, including employees, at any game(s), event(s) or exhibition(s) or lodging facility(s) (and no additional compensation or substitution will be awarded to the winner). 19. Travel & Lodging Restrictions: If any Prize includes air transportation, CFC, in its sole discretion, reserves the right to provide ground transportation in lieu of air transportation if the winner and/or his/her guests reside within one-hundred (100) miles of the city in which a game, event, or exhibition included in such Prize will be held (and no additional compensation or substitution will be awarded for any difference in value). Moreover, if such Prize includes travel and/or accommodations, the winner and his/her guest(s) (if any), must depart and return on the dates and times specified by CFC and winner and guest(s) (if any) must arrive and depart from any lodging facility on the dates and times specified by CFC (dates and times of departure and return, and accommodations, are subject to change). Winner and guest(s) (if any) must possess all required travel documents (e.g. valid photo ID, passport, visa, etc.) prior to departure. Airline ticket(s), travel allowances, and/or any other transportation provided for in any Prize (if applicable) are provided to the winner and their guest(s) (if any) on an if-needed, if-used basis, and no additional compensation or substitution will be awarded for difference in value if any such travel related Prize item is not needed or used. The Entrant acknowledges and agrees that flight dates, times and availability are beyond the control of CFC and the Released Parties. The terms and conditions (as determined by the applicable airline) of airline tickets (if any) awarded as part of the Prize will govern in the event a flight does not occur due to weather, an Act of God, an act of terrorism, civil disturbance or for any other reason. The winner and his/her guest(s) (if any) agree to comply with all airline regulations at all times. Released Parties will not be responsible for Acts of God, acts of terrorism, civil disturbances, work stoppage or any other natural disaster outside their control that may cause the delay, cancellation or postponement of any scheduled flight. All travel and accommodations details (if any) will be determined by CFC at its sole discretion. 20. Alternate Prizes: In the event that one or more of the Prize items is unavailable, CFC reserves the right to substitute another prize item of equal or greater value for the unavailable Prize item, the relative value of such prizes being determined by CFC in its sole discretion. Moreover, the Entrant acknowledges and agrees that each Prize may contain certain items that cannot be duplicated or replaced. Therefore, the Entrant agrees that should, for whatever reason, and either before or after the Entry Deadline or the Drawing Date, all or part of any Prize becomes, at the sole discretion of CFC, unavailable or withdrawn, and substitute prizes cannot be found, that CFC may, in its sole discretion, replace such Prize in whole or in part with a cash prize equal to, if in whole, the Fair Market Value, as defined in section B4b of these Official Rules, of such Prize or, if in part, the Fair Market Value, as Page 5 of 8

6 determined by CFC, in its sole discretion, of the part of such Prize that CFC, in its sole discretion, has determined to be unavailable. 21. Disqualified Winner: If CFC, in its sole determination, disqualifies a winner, the winner will not be entitled to any refund of any kind. If the winner is disqualified for any reason, an alternate winner will be selected from the remaining Digital Tickets until such time as a qualified winner has been selected. Once a qualified winner has been selected, if CFC, in its sole determination, determines that that there is not enough time for the winner to claim and receive all, or some, of the Prize items, CFC may, in its sole discretion, replace all or a portion of the Prize items with other prize items of similar or greater value, or with a cash payment. In no event, will any such cash payment exceed the Fair Market Value of the Prize as set forth in section B4b of these Official Rules. 22. Administration of Raffle: The Entrant acknowledges and agrees that decisions made by CFC will be final and binding on all matters relating to this Raffle. CFC reserves the right, in its sole discretion, to modify, terminate or suspend this Raffle (or any portion thereof) should fraud, misconduct, technical failure, virus, bugs, unauthorized human intervention or other causes corrupt or impair the administration, security, fairness or proper play of the Raffle (or any portion thereof) or for any other reason as determined by CFC in its sole discretion. In the event of termination because of any of the foregoing reasons, CFC, at its sole discretion, may select a winner from those eligible, non-suspect Digital Tickets issued prior to event requiring such termination. CFC reserves the right, in its sole discretion, to disqualify any person and void all associated orders and Digital Tickets of any person, without any reimbursement of any kind to any such person, who it believes has tampered with the order process, or any other component of this Raffle whose conduct or actions affect the administration, integrity, security, fairness or proper conduct of this Raffle, or who is in violation of these Official Rules. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS RAFFLE IN ANY WAY, OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS RAFFLE, MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, CFC AND/OR THEIR RESPECTIVE AGENTS WILL DISQUALIFY ANY SUCH ENTRANT AND RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS' FEES) AND/OR OTHER REMEDIES FROM ANY SUCH PERSON OR PERSONS RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMISSIBLE BY LAW. In the event a winner is not selected and CFC cancels the Raffle because of any of the foregoing reasons, CFC, in its sole discretion, may refund the Entrants their money for their raffle ticket purchases, or if CFC, in its sole discretion, determines such refunds to be impossible, or too expensive to process, CFC may then announce, such announcement being fulfilled by posting any such announcement on the CFC website, that the Raffle is null and void and that any and all ticket purchases for this Raffle have been reclassified as donations to CFC, which will, in accordance to the agreement(s) between CFC and the charity(s), be donated to the charity(s) named as beneficiary(s) of the Raffle. If CFC declares that any such raffle ticket purchases are now donations, they will then become tax deductible, as charitable contributions, to the fullest extent allowed by law. 23. Release: As a condition of participating in this Raffle, each Entrant and each gift recipient agrees that: (a) Released Parties, Traditional Media, and their officers, and directors, and Social Media, and officers and directors, and each of their respective designees and assigns, shall have no liability and will be held harmless for any liability, loss, injury or damage, including, without limitation, personal injury, death or damage to personal or real property, to Entrant or any other person or entity due in whole or in part, directly or indirectly, by reason of the acceptance, possession, use or misuse of any Prize (including any travel or activity related thereto) and/or participation in this Raffle; and (b) the Released Parties will not be responsible for weather conditions, Acts of God, acts of terrorism, civil disturbances, work stoppage or any other natural or man-made disaster outside their control that may cause the cancellation or postponement of the Raffle or any game(s), event(s), or exhibition(s), or travel and/or lodging provisions included in a Prize, if applicable, or the inability of CFC to deliver any or all of the Prize items. 24. Arbitration: As a condition of participating in this Raffle, each Entrant and each winner agrees that: (a) any and all disputes and causes of action arising out of or connected with this Raffle, or any Prize, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association before an arbitrator appointed by the Boston, Massachusetts office of the American Arbitration Association. Such arbitration shall be held and conducted in Boston, Massachusetts, in as streamlined and expedited a manner as is possible under such rules, and the costs of any such arbitration shall be shared equally by both parties. However, notwithstanding the foregoing, each party shall bear its own costs of representation. The arbitrator shall have the authority to interpret these Official Rules in accordance with the laws of the Commonwealth of Massachusetts and to enter his decision. Moreover, in no event shall the arbitrator have any authority to consider issues or allegations under M.G.L. c.93a, such claims being deemed waived by Entrant. Page 6 of 8

7 Furthermore, pursuant to the provisions of M.G.L. c , either party may apply to the Superior Court of Massachusetts to confirm the arbitrator s decision and enter a judgment in favor of the prevailing party. Under no circumstances will the Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than participant's actual out-of-pocket expenses (i.e., costs associated with ordering and purchasing the Entrant s Raffle tickets), and Entrant waives all rights to have damages multiplied or increased. In the event that the Entrant prevails in any such arbitration, his/her damages shall be limited to the actual amount that he/she paid for the tickets he/she purchased for the Raffle. 25. Jurisdiction: The Entrant acknowledges and agrees that this Raffle is being conducted exclusively in the Commonwealth of Massachusetts and that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant, CFC, and the Released Parties, in connection with the Raffle, shall be governed by, and construed in accordance with, the substantive laws of the Commonwealth of Massachusetts, USA. 26. Severability: If a court of competent jurisdiction finds that any term or provision of these Official Rules, or the application thereof, to any person or circumstance, to be to any extent invalid or unenforceable, then these Official Rules shall be amended to the extent necessary to make any such term or provision valid and enforceable. Furthermore, the finding by any court of competent jurisdiction that any term or provision of these Official Rules or the application thereof to any person or circumstance as invalid or unenforceable shall not make that term or provision or application thereof to any other person or any other circumstance invalid or unenforceable. 27. Titles and Section Headings: Titles, numbers, and section headings contained in these Official Rules are for reference purposes only and are not a part of these Official Rules. 28. Interpretation: In the event of a conflict between these Official Rules and the Club s Terms of Use, Privacy Policy, or any other information provided to the Entrant regarding the Raffle, these Official Rules shall prevail. B. Raffle Specific Rules: 1. Location: This Raffle is being held pursuant to a raffle permit issued by either the town of Andover, Massachusetts, or the town of North Andover, Massachusetts, depending on the circumstances of the Raffle. Moreover, the Raffle is being conducted in accordance with the laws of the Commonwealth of Massachusetts. The Entrant, CFC, and the Entrant's Agent, hereby agree and confirm that all the elements of the contract created by and between these parties by these Official Rules and each party's obligations pursuant to this contract, have been formed and will be fulfilled and discharged solely within the jurisdiction of the Commonwealth of Massachusetts. This Agreement is governed by, and shall be construed in accordance with, the laws of the Commonwealth of Massachusetts. 2. Ticket Prices: Tickets are $2.00 each with a minimum purchase of 5 tickets required. Prices are discounted for purchases of 10 or more tickets. 3. Winner Notification: The winner will be selected at in Andover, Massachusetts, or in North Andover, Massachusetts, as determined by CFC, and Entrants do not need to be present to win. The winner will be notified by CFC. The winner's name, and the winning ticket reference number, will be posted on CFC's website on or about the Drawing Date, unless otherwise specified on the Main Raffle Page, as defined in section B4 of these Official Rules. In addition to this, the winner may be announced live at a game or other event, in which case the winner s name may be posted shortly after the winner is announced at any such game or event. 4. Main Raffle Page: The Main Raffle Page is defined as the page from which you begin the ordering process for Raffle tickets on the CFC or the Club website. The Main Raffle Page is incorporated into these Official Rules as follows: a. Prizes: The prize package or (if more than one) packages ( Prize or Prizes ) for the Raffle are described on the Main Raffle Page, subject to any restrictions referenced there or in these Rules. b. Fair Market Value: The estimated Fair Market Value of the Prizes is as follows, Grand Prize Package $43,500, 2 nd Place Prize Package $31,500, 3 rd Place Prize Package $19,500. c. Entry Deadline: The Entry Deadline for the Raffle is as referenced on the Main Raffle Page. However, CFC, at its sole discretion, may, without any notice, penalty, or offer of a refund, and as often as CFC, in its sole Page 7 of 8

8 discretion, determines to be necessary, extend the Entry Deadline by up to thirty days from the original or extended time and date of the original Entry Deadline by changing the Entry Deadline on the Main Raffle Page to reflect the new Entry Deadline. d. Drawing Date: The Drawing Date for the Raffle is as referenced on the Main Raffle Page and the time shall be determined by CFC. However, CFC, at its sole discretion, may, without any notice, penalty, or offer of a refund, and as often as CFC, in its sole discretion, determines it to be necessary, extend the Drawing Date by up to thirty days from the original or extended Drawing Date by changing the Drawing Date on the Main Raffle Page to reflect the new Drawing Date. e. Net proceeds: A portion of the Raffle proceeds will benefit the Charity(s) identified on the Main Raffle Page, which is associated with the Club, and a portion of the Raffle proceeds will benefit CFC. Page 8 of 8