Bourbon & Tequila Pull

The Big Walnut Bourbon Raffle (the “Raffle”) is a fundraiser conducted by and benefitting The Sunbury Big Walnut Kiwanis Foundation, a 501(c)(3) non-profit organization, (the “organization”). The Raffle is conducted exclusively online.

BY PURCHASING A TICKET FOR THE RAFFLE (“RAFFLE TICKET”), EACH PARTICIPANT (A “PARTICIPANT”) REPRESENTS THAT THEY MEET ALL OF THE BELOW-STATED ELIGIBILITY REQUIREMENTS AND AGREES TO (a) BE BOUND BY THESE OFFICIAL RULES AND ALL APPLICABLE LAWS, ORDINANCES AND REGULATIONS; AND (b) THE DECISIONS OF THE ORGANIZATION AND ITS AUTHORIZED REPRESENTATIVE(S). BY PARTICIPATING IN THE RAFFLE, PARTICIPANT CONSENTS TO ORGANIZATION’S PRIVACY PRACTICES AND FURTHER AGREES TO (d) LIMITATIONS ON PARTICIPANT’S REMEDIES AND THE RELEASED PARTIES’ LIABILITIES; AND (e) THE ARBITRATION OF DISPUTES; AND (f) THE CLASS ACTION WAIVER.

1. RAFFLE PERIOD: Raffle Tickets will be sold beginning October 15, 2023 and will end either once the last of 250 raffle tickets is sold or on November 16, 2024 at 11:59pm (each a “Raffle Period”) at the discretion of the Organization.

ELIGIBILITY: The Raffle is open to all individuals twenty-one (21) years of age or older, who are located within the Raffle Purchase Area. The “Raffle Purchase Area” defined as the United States of America. Employees of the Organization and each of their immediate families and household members are not eligible to enter or win. The Raffle is subject to all applicable federal, state and local laws.
2. ENTRY: In order to purchase a Raffle Ticket, take any of the following actions during such Event’s Raffle Period: go to https://k19573.site.kiwanis.org/bourbon/ and follow the instructions to purchase the desired quantity of Raffle Tickets. The running total from Raffle Ticket sales will be updated during monthly organization meetings, and may also be displayed or announced during organization events. A Participant may purchase as many Raffle Tickets as they wish, not to exceed the quantity available for sale. All Raffle Ticket purchases must be made during the applicable Raffle Period. Raffle Tickets are not eligible for any past or future Raffle drawing. None of the Released Parties (defined below) are liable for any lost, late, misdirected, incomplete, illegible, undelivered, or destroyed Raffle Tickets regardless of cause or the person responsible, including, but not limited to, any problem or technical malfunction of any computer, online system or server or other technical problem. No refunds will be made except as otherwise determined by the Organization in its sole discretion.
3. PRICING: The purchase cost of a single Raffle Ticket as established by the Organization is $25 USD, or 4 raffle tickets for $80.
4.WINNER SELECTION: The Winning Name will be selected at a time and date to be determined by the Organization, tentatively scheduled for November 17, 2024. All purchases of Raffle Ticket(s) will be converted into physical raffle tickets with the corresponding ticket number matched to the entrants’ name in a spreadsheet. Raffle tickets will then be entered into a randomized drawing to be broadcast live on the Sunbury Big Walnut Kiwanis Facebook page. All drawings will be conducted by the Organization, and all decisions are final and binding.
5.WINNER ANNOUNCEMENT: Shortly after the selection of the Winning Name, the Winning Name will be contacted by phone and email. Winners will be contacted to make their bottle choice after the previous winner has made their choice and the selection of remaining bottles is updated.
6. PRIZES: There are 20 individual prizes that range in value.
7. CLAIMING A PRIZE: To claim the Prize, the Prize Claimant must contact the organization within two (2) days of being notified by calling 614-681-4737 or by emailing [email protected] and following the instructions given. The valid and authentic winning Raffle Name (the “Winning Name”), government-issued photo identification and/or similar documentation may be required to redeem the prize. The Prize Claimant may be required to show proof of purchase. Photo identification is the only valid receipt for claiming a Prize. Each Prize Claimant must provide Organization with all information required to claim the Prize (including tax identification information). The Prize Claimant will receive an Affidavit of Eligibility & Liability/Publicity Release (“Affidavit”) in the form approved by Organization which must be executed and returned to Organization prior to receipt of the Prize. In the event a Prize Claimant: (a) does not notify Organization within two (2) days of being notified; (b) is ruled ineligible; (c) refuses the Prize; (d) or does not return an executed Affidavit, the Prize will be forfeited and will be retained by Organization. Organization has no further obligation to contact Prize Claimant or any potential winners. Unclaimed winnings will be retained by Organization for future use. The individual that purchased the Winning Raffle Ticket (the “Prize Claimant”) need not be present at the time of the drawing to win.
8.ODDS: Odds of winning are based on the total number of Raffle Tickets issued during the Raffle Period, but not to exceed 250 raffle tickets. Organization may, at its own discretion, end raffle sales prior to selling out in which case the odds of winning would be increased.
9. TAXES: Each Participant acknowledges that they have been informed that the IRS has taken the position that amounts paid for chances to participate in raffles, lotteries, or similar programs are not gifts and, therefore, the price of a Raffle does not qualify as a deductible charitable contribution. The Prize winner is responsible for any and all federal, state and local taxes, fees and other government assessments on the awarded Prize. Furthermore, each Prize winner acknowledges that federal law requires that a tax withholding on certain prize values must be collected from winners upon award or distribution. Federal and state withholding laws are subject to change without notice. The withholding laws in effect at the time each Prize is claimed will be followed. Winners of a Prize may receive from Organization a W-2G form or such other form(s) as required by applicable law. Taxes may be withheld in accordance with IRS and State of Ohio guidelines. If the Prize winner resides outside of the United States, the Prize winner will be responsible for payment of any taxes due in their local jurisdiction.
10. TRANSFER OF RAFFLE TICKET: Raffle Tickets may not be resold to any other party or copied or otherwise duplicated. Any Raffle Ticket which has been resold, copied or otherwise duplicated shall be void. All individuals who re-sell, purchase, duplicate, or receive a Raffle Ticket in violation of these Official Rules shall be ineligible to participate in the Raffle or to win a Prize, and may be deemed ineligible to participate in future Raffles.
11. PARTICIPANT’S GRANT OF LICENSE: By participating in the Raffle or accepting a Prize, each Participant hereby irrevocably and perpetually grants to Organization and its designees a worldwide license to use, publish, reproduce, create derivative works of, distribute and publicly display any images or likenesses of the Participant (collectively, the “Images”), in any form, media or content which now or hereafter exists, for advertising, promotional or any other commercial purposes as well as non-commercial purposes. Each Participant waives any compensation for any use of such Images. Each Participant hereby releases and waives any claims, demands, damages, losses, liabilities and causes of action arising from Organization’s, or its designee’s, uses of the Images, including, without limitation, any claims for defamation, libel, invasion of privacy, publicity, personality, or exploitation of the Participant’s name or likeness.
12. RELEASE OF LIABILITY AND INDEMNITY: By participating in the Raffle, the Participant, on Participant’s behalf and on behalf of the Participant’s spouse, assigns, guardians, administrators, executors and legal representatives, hereby releases, waives, discharges, covenants not to sue, and indemnifies Organization, Kiwanis Club of Sunbury Big Walnut, and any other affiliate or related entity thereof, together with each of their respective past, present or future predecessors; successors, assigns, direct or indirect subsidiaries, affiliates, related entities and persons, owners, and each of their respective shareholders, members, partners, trustees, directors, principals, managers, employees, volunteers, agents, consultants, contractors (including the Organization’s service provider for the Raffle, representatives, Organizations, and insurers (all of the above, the “Released Parties”, collectively) from any claim or loss arising out of or related to the Participant’s participation in the Raffle, acceptance of the Prize, or any exercise by Organization of any of its rights set forth herein or the Official Rules of the Raffle, including, but not limited to, any claims related to (i) any injury to the Participant or the Participant’s property that occurs in connection with participation in the Raffle, receiving the Prize, or any related activities, (ii) any failure to report and pay any income taxes arising from acceptance of the Prize, (iii) any lost, stolen or duplicated Raffle Ticket, (iv) the use of any of the systems or technologies in conducting the Raffle, and (v) the Participant’s acts or the acts of any other party with respect to the Participant’s receipt of the Prize or participation in the Raffle, regardless of whether any such claims are caused in whole or in part by the negligence of any entity or person released hereunder.
13. DISPUTES AND GOVERNING LAW: The Raffle and the Official Rules Agreement shall be governed in all respects by the laws of the State of Ohio, United States of America without giving effect to any choice of law or conflict of law rule of any jurisdiction.
ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE RAFFLE OR THE OFFICIAL RULES SHALL BE SETTLED BY BINDING ARBITRATION ADMINISTERED BY AN ARBITRATION VENDOR, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. ANY ARBITRATION SHALL TAKE PLACE IN THE CITY OF SUNBURY, OH. THE PARTIES AGREE THAT ANY CONTROVERSY OR CLAIM SHALL BE HEARD AND RULED UPON BY ONE (1) ARBITRATOR.
Participant and Organization agree that: (1) any and all disputes, claims, and causes of action not waived arising out of or in connection with the Raffle, or any Prizes awarded, shall be resolved individually, without resorting to any form of class action; (2) any and all 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 attorneys’ fees unless otherwise required under law; and (3) under no circumstances will either party be permitted to obtain awards for, and each party hereby waives all rights to claim punitive, incidental, consequential damages and any other damages (other than for actual out-of-pocket expenses) and further waives any and all rights to have damages multiplied or otherwise increased. All disputes shall be handled according to the dispute resolution terms and conditions set forth in the Terms of Use, which shall govern in the event of a conflict with these Official Rules.
IN NO EVENT SHALL ORGANIZATION OR ANY OF THE RELEASED PARTIES BE LIABLE FOR DAMAGES THAT EXCEED THE VALUE OF THE PRIZE AWARDED TO ANY INDIVIDUAL PARTICIPANT IN THE RAFFLE.
The Raffle is void where prohibited by law. These Official Rules are intended to be as broad and inclusive as permitted by the laws of the State of Ohio and that if any portion of the Official Rules is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
14. DISQUALIFICATION; CHANGES: Organization reserves the right in its sole discretion to disqualify any individual that (i) tampers or attempts to tamper or unduly interfere with the operation or integrity of the Raffle, (ii) resells, transfers, copies or otherwise duplicates a Raffle Ticket, (iii) violates the Official Rules, or (iv) acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Organization reserves the right to, in its sole discretion, cancel, suspend and/or modify the Raffle or these Official Rules or disqualify any individual or Raffle Ticket for purposes of protecting the integrity of the Raffle or addressing changes in business operations or other circumstances, to the extent allowed under applicable law.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE, APPLICATION, OR OTHER TECHNOLOGY OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE RAFFLE IS A VIOLATION OF THESE OFFICIAL RULES AND POTENTIALLY OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, ORGANIZATION RESERVES THE RIGHT TO SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW AND PURSUE ANY OTHER REMEDIES THAT MAY BE AVAILABLE.

ORGANIZATION; WINNERS LIST: The Organization of the Raffle is the Sunbury Big Walnut Kiwanis Foundation, a 501(c)(3) organization. To obtain a list of the Winning Name, please send a request to: Sunbury Big Walnut Kiwanis, 15714 Trenton Rd, Sunbury, OH 43074, together with a stamped, self-addressed envelope. The Winning Name also will be posted on https://k19573.site.kiwanis.org/bourbon/, for a minimum of thirty (30) days following the Event.