OFFICIAL RULES
OPEN ONLY TO LEGAL RESIDENTS OF THE UNITED STATES EIGHTEEN (18) YEARS OF AGE OR OLDER. VOID WHERE PROHIBITED BY LAW. 1. By purchasing a Ticket entering the PIGGEST RAFFLE EVER Raffle (the "Raffle"), entrants agree to be bound by these Official Rules (the "Official Rules"). The Raffle commences at 12:01 AM Eastern Standard Time ("EST") on December 20, 2023 and ends at the Drawing Date (the "Promotion Period").
2. SPONSOR: The Raffle is sponsored by The Cincinnati Marathon, Inc. ("Sponsor"), an Ohio non-profit corporation with an address of 644 Linn St., Ste. 802, Cincinnati OH 45203.
3. HOW TO ENTER: In order to enter the Raffle, entrants must purchase a Raffle ticket ("Ticket") from a source approved by Sponsor ("Vendor") during the Promotion Period. Each Ticket has a separate and equal chance of winning as Prizes are being drawn. Previously drawn winning Tickets are no longer eligible for further Prizes; however, a single entrant may purchase multiple Tickets and each Ticket shall be separately entered and separately eligible for winning. All Tickets are non-transferrable. All Ticket sales are final and non-refundable. Use of any automated system to participate is prohibited and will result in disqualification. Sponsor is not responsible for lost, stolen, late, incomplete, invalid, unintelligible, or misdirected Tickets, which will be disqualified. Potential winners may be required to show proof of identity and/or eligibility to claim a Prize.
4. ELIGIBILITY: The Raffle is open only to legal residents of the United States who are at least eighteen (18) years of age or older unless otherwise prohibited by applicable law. The Raffle is not open to: (1) employees, officers, and/or directors of Sponsor, and Sponsor’s respective parent, related, affiliated and/or subsidiary companies (collectively, "Released Parties") or (2) the immediate family members of, and persons living in the same household as, any of the Released Parties. "Immediate family" is defined as parents, siblings, children, or spouse. All applicable United States federal, state and local laws apply. Void where otherwise prohibited.
5. DRAWING: A random, digital drawing to determine the winners of each Prize will be administered and certified by an objective third-party organization on MAY 04 2024 ("Drawing Date") during THE FLYING PIG MARATHON Weekend ("Event"). Odds of winning depend on the number of Tickets purchased. The potential winners will be notified via email or phone and a list of winners will be viewable at http://piggestraffleever.com and www.flyingpigmarathon.com, and/or any other place designated by Sponsor. Potential winners need not be present at the Event to win a Prize and may pick up Prizes after the Drawing Date where designated by Sponsor. All Prizes must be claimed by MAY 31 2024, before 5:00pm. Any Prizes left unclaimed after JUN 01 2024, will remain un-awarded and retained by Sponsor. Potential winners may be asked to sign and return any required Affidavit of Eligibility and Release before claiming such Prize. WINNERS SHALL BE SOLELY RESPONSIBLE FOR TAXES (INCLUDING INCOME TAX), FEES, AND ALL OTHER CHARGES OR EXPENSES ASSOCIATED WITH THE PRIZE AND SHOULD CONSULT A TAX ADVISOR WITH ANY QUESTIONS REGARDING THE SAME. Sponsor may also require winner to provide Sponsor with a completed IRS Form 1099 or other applicable forms. By purchasing a Ticket, entrant accepts and agrees to these Official Rules and the decisions of the Sponsor, which shall be final in all matters. By entering this Raffle, entrants waive all right to, and agree to defend, indemnify, and hold harmless the Released Parties from, any claim, liability, loss, damage (including punitive, incidental, and consequential damages), or expense (including attorneys' fees) arising out of or in connection with participation in or administration of this Raffle or the acceptance, use, or misuse of the Prize. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. Acceptance of the Prize also constitutes permission to the Released Parties to use winner's name, and likeness, and biographical information for marketing purposes without further compensation or right of approval, unless prohibited by law. Released Parties will not be responsible for: lost, late, misdirected, damaged, illegible, incomplete, incorrect, or otherwise unsatisfactory entries; lost, late, or misdirected prize notices; or any typographical, or other error in the printing of the offer, administration of the Raffle, or announcement of the Prize. In the event of any such error, Sponsor reserves the right to cancel or modify the Raffle in a manner deemed appropriate by the Sponsor, at the Sponsor's sole discretion. All Tickets, including any information contained therein will become the property of Sponsor and will not be returned.
6. NUMBER OF WINNERS, PRIZES, & APPROXIMATE RETAIL VALUE: There will be three (3) winners of the Raffle. Sponsor will award only one (1) of each of the following prizes (the "Prize(s)"): (a) Grand Prize: $10,000 USD cash, $5,000 of which will be distributed to the holder of the winning Ticket and $5,000 of which will be distributed to the Vendor that sold the ticket to the winner. (b) Second Prize: $5,000 USD cash, $2,500 of which will be distributed to the holder of the winning Ticket and $2,500 of which will be distributed to the Vendor that sold the ticket to the winner. (c) Third Prize: A Cincinnati Get-Away Experience ($1500 in Downtown Cincinnati, Inc. vouchers which can be used at various Downtown Cincinnati restaurants, hotels, and attractions). The Approximate Retail Value of the Grand Prize is $10,000 USD, Second Prize is $5,000 USD, and Third Prize is $1,500 USD and total Approximate Retail Value of all Prizes is $16,500 USD. Except to the Vendor, each Prize is non-assignable and non-transferable, and is not redeemable for cash, exchangeable or substitutable by a winner. Sponsor reserves the right to substitute a prize of equal or greater value. If a potential winner is disqualified for any reason or does not claim any Prize before the date set forth above, Sponsor may award any Prize to an alternate winner by random drawing from among all remaining eligible entries but is not obligated to do so. If Sponsor does not award any Prize to an alternate winner, such Prize shall be forfeited and retained by Sponsor.
7. GENERAL CONDITIONS: Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Raffle should any technical difficulty or other causes beyond the control of the Sponsor or Released Parties corrupt the administration, security, or proper play of the Raffle. Sponsor also reserves the right, in its sole discretion, to cancel, modify or suspend the Raffle at any time and for any reason, or for no reason. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Raffle or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Raffle may be a violation of criminal and civil law, and should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law.
8. LIMITATIONS OF LIABILITY: By entering the Raffle, you agree that: (1) any and all disputes, claims, and causes of action arising out of or in connection with the Raffle, or the Prize awarded, shall be resolved individually without resort to any form of class action; (2) any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Raffle, but in no event attorney's fees; and (3) under no circumstances will you be permitted to obtain any award for, and you hereby waive all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out- of-pocket expenses.
9. BY PARTICIPATING IN THIS RAFFLE, ENTRANTS AGREE THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE, ENTRY, OR PARTICIPATION IN THIS RAFFLE OR IN ANY RAFFLE-RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF THE PRIZE CANNOT BE AWARDED DUE TO ACTS OF GOD, ACTS OF WAR OR TERRORISM, NATURAL DISASTERS, PUBLIC HEALTH CRISIS (INCLUDING, WITHOUT LIMITATION, EPIDEMICS OR PANDEMNICS), OR WEATHER EVENTS.
10. WARRANTY DISCLAIMER: The Prize is awarded "AS IS." Except as otherwise provided in these Official Rules, Sponsor makes no warranties, representations or guarantees, express or implied, in fact or in law, respecting the performance or use of the Prize, including, without limitation, quality, merchantability, and fitness for a particular purpose. Further, no responsibilities are accepted for any additional expenses, omissions, delays, re-routing, or acts of any government or authority.
11. CONSTRUCTION: Sponsor shall be the sole interpreter of these Official Rules. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of any entrant vis-a-vis Sponsor, shall be governed by, and construed in accordance with the laws of the State of Ohio, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Ohio, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Ohio. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision was not contained herein.
12. GENERAL RELEASE: By entering the Raffle, you release and discharge Sponsor and the Released Parties from any liability whatsoever in connection with the Event, Raffle, your participation in the Raffle, or with the acceptance, possession, use or misuse of the Prize including, without limitation, legal claims, costs, injuries, losses or damages, demands or actions of any kind (including, without limitation: personal injuries; death; damage to, loss or destruction of property; rights of publicity or privacy; and defamation or portrayal in a false light). Sponsor and the Released Parties will not be responsible for typographical, printing, or other inadvertent errors in these Official Rules or in other materials relating to the Raffle. Sponsor and the Released Parties will not be responsible for any inaccurate Prize details supplied to an entrant by any third party related to this Raffle. Additionally, you hereby agree to indemnify, defend, and hold harmless the Sponsor and the Released Parties from any and all losses, damages, costs, expenses, rights, claims, demands and actions (including attorney's fees and expenses for litigation and settlement), which may be brought against any one or more of them by anyone claiming to have suffered loss or damage as a result of your participation in the Raffle and/or with your acceptance, possession, use or misuse of the Prize.
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