TERMS AND CONDITIONS OF
PRESIDIO PASSPORT 2016 EVENT
AND
PRESIDIO PASSPORT RAFFLE 2016
 
 
The PRESIDIO PASSPORT RAFFLE 2016 (the “Raffle”) will be held in conjunction with PRESIDIO PASSPORT 2016, a fundraising event to take place in downtown Tucson, Arizona from 1:00 pm to 5:00pm on October 22, 2016 (the “Event”). The Event’s sponsor is the Tucson Presidio Rotary Club/Rotary District 5500 (“Sponsor”). All proceeds of the Raffle will benefit the Tucson Presidio Rotary Club and their chosen causes.
 
RAFFLE TICKET OR PASSPORT PURCHASE NECESSARY: To enter the Raffle and be eligible to win, a person must either purchase a raffle ticket in the amount of $10.00 (“Ticket”) or purchase one admission to the Event in the amount of $50 (“Passport”). A person purchasing a Ticket or a Passport is a “Participant” for purposes of these Terms and Conditions.  A Passport entitles the participant to one Ticket for the purchase, valued at $10; if the participant obtains “stamps” in his or her Passport from all restaurants participating in the Event, the stamped Passport entitles the participant to a second Ticket, also valued at $10.  Stamps may be any mark made by the participating restaurant in a Passport to indicate that a Passport-holding participant has visited the restaurant during the Event.
 
ELIGIBILITY: The Raffle is open only to citizens and legal residents of the 50 United States and the District of Columbia, who are 18 years of age or older as of October 22, 2016, and who possess a valid government-issued identification. Members of Sponsor are eligible to enter the Raffle and/or participate in the Event.  There is no per-person limit on the number of Tickets or Passports that may be purchased, however, no more than 2,000 Tickets will be sold and no more than 250 Passports will be sold. All required information and fields on the entry form must be fully and accurately completed or entry may be voided. Refunds will not be issued.
 
RANDOM DRAWING: On October 22nd, 2016, a winner will be selected in a random drawing from all eligible entries received (the “Winner”). Each Ticket sold constitutes an eligible entry. The odds of being the Winner depend on the total number of eligible entries received, which shall be no greater than one in 2,000.
 
PRIZE: Subject to the provisions contained in this Agreement, Winner will receive a one-week stay for up to 4 people at The Mayan Palace, Rocky Point, Mexico, subject to available vacancy, to be used by December 1st, 2017 (the “Prize”).  No other elements or expenses are included in the Prize, and specifically excludes, among other elements and expenses: beverages, entertainment, travel insurance, unspecified ground transportation, rentals, phone calls, gratuities, incidentals, souvenirs, gasoline, all personal expenses of any kind or nature, together with any necessary overnight layover expenses, and all such expenses are the sole responsibility of the Winner.  Any visa, travel, immigration, or vaccination requirements which the Winner is required to meet to use the Prize will be the sole responsibility of the Winner.  Winner is responsible for scheduling reservations for the Prize and may also be responsible for taxes, additional tickets, or other expenses associated with booking the stay.
 
Notwithstanding any contrary provisions contained herein, by becoming a participant in the Event and/or Raffle, you hereby agree and acknowledge that Sponsor and all of Sponsor’s successors, predecessors, related and/or affiliated entities, and all officers, directors, employees, representatives, and agents thereof (together, “Sponsor’s associates”) make no guarantee nor promise whatsoever regarding the Prize, including, but not limited to, Winner’s ability to utilize or use the Prize. If the Sponsor is unable to transfer the Prize to the Winner or the Winner is unable to utilize all or part of the Prize for any reason, the Winner hereby agrees and acknowledges that i) no substitute prize will be given, ii) Sponsor will not compensate the Winner for the fair market value of the Prize, and will not reimburse Winner for the cost of the Raffle Ticket(s) or Passports purchased.   
 
NOTIFICATION: Winner need not be present at the random drawing. Winner shall be notified at, or as soon as practicable after, the random drawing.  Before Winner can claim the Prize, he/she must complete, execute, and return as directed an Affidavit of Eligibility and Release of Liability within 10 days of notice of being the Winner.  Failure to comply with the requirements of this paragraph may result in disqualification and in the forfeiture of any right to the Prize, in which case the Prize may be awarded to an alternate winner by random drawing or revert to the Sponsor for  use at their discretion.
 
TAXES: Winner acknowledges and understands that any and all federal, state, and/or local tax liabilities arising out of the receipt and acceptance of the Prize are Winner’s responsibility and are not the responsibility of Sponsor. Winner further acknowledges that he/she will be required to sign and deliver to Sponsor an IRS Form W-9 in connection with the receipt and acceptance of the Prize. The Prize may constitute taxable income to the Winner, and Sponsor may file appropriate reports of income to relevant revenue authorities. Sponsor shall deliver a copy to Winner at the mailing address Winner provides in the Affidavit of Eligibility and Release of Liability.
 
TRAVEL/ACCIDENT INSURANCE: Winner acknowledges and understands that Sponsor has neither arranged for nor carries insurance of any kind for the benefit of Winner or any person travelling with Winner, or for his/her heirs, executors, and/or administrators concerning the use of the Prize. Winner is solely responsible for obtaining and paying premiums for any life, travel, accident, property or other insurance concerning his/her use of the Prize.
 
WAIVER AND RELEASE: By attending the Event and/or entering the Raffle, participants and their heirs, personal representatives, and assigns, completely and forever release and discharge Sponsor, its members, officers, directors, agents, servants, employees, promotional partners, successors, assigns, consultants, advisors, contractors, and representatives from any and all claims, actions, suits, costs, issues, expenses, demands, damages, injuries and/or other liabilities, known or unknown, absolute or contingent, and whether or not fixed, including, but not limited to, personal injury, illness, or death to participant or others, damage to or loss of property of participant or others , which the participant has now or may have in the future against Sponsor resulting in any manner from and/or by reason of attending the Event and/or entering the Raffle, including use of the Prize.
 
INDEMNIFICATION: By attending the Event and/or entering the Raffle, participants agree to protect, indemnify, hold harmless and defend Sponsor from and against any and all claims, suits, demands and/or civil actions arising out of or related to: (1) participation in the Event, (2) patronage of any restaurant participating in the Event, whether during the Event or at any other time, (3) Winner’s acceptance, possession or use of the Prize, including, but not limited to loss or damage arising from any cancellations, delays, inclement weather, act of God, or any act or omission of any third party, including but not limited to The Mayan Palace.
 
SPONSOR’S RESERVATION OF RIGHTS: Sponsor reserves the right to modify these Terms and Conditions at its sole discretion. If for any reason, the Event or Raffle are not capable of being held as planned as a result of, but not limited to, an error, omission, defect, delay, misdirection, tampering, or any other reason, the Sponsor reserves the right to withdraw, cancel, terminate, modify or suspend the Event or Raffle without obligation or prior notice, and in such event to determine the winner via random drawing from among all valid entries received up to the time of such cancellation, termination, modification or suspension.  Sponsor may disqualify from the Raffle any participant engaging in any attempt to influence the results of the random drawing by threat, bribe, forgery, intentional loss, destruction, or limitation of eligible entries, or any other improper means. Sponsor shall have no obligation or liability to any participant who is disqualified due for using or attempting to use improper means of influencing the random drawing. The purchase of additional Tickets or Passports in order to increase the statistical likelihood of becoming Winner shall not be considered an improper means of influencing the random drawing.
 
Any failure by Sponsor or Sponsor’s Associates to enforce any provision of the Terms and Conditions contained herein does not constitute a waiver of that or any other provision.
 
PUBLICITY AND USE OF LIKENESS: In consideration of participant’s entry in the Raffle and/or the Event, he/she hereby grants to Sponsor, Sponsor’s Associates, and the designees of both, an irrevocable, world-wide, non-exclusive, royalty-free license to use, reproduce, and/or make reference to his/her picture and likeness (e.g. photographs from the Event) in any manner and in, by and through any media, for any marketing, advertising, or promotional purposes, including but not limited to the Internet, and to maintain such picture or likeness in a database for future use, all without additional remuneration to the participant, to the full extent permitted by law.
 
LAWS: These Terms and Conditions are governed by and construed in accordance with the laws of the State of Arizona.
 
 
Sponsors