50/50 OFFICIAL RULES

THE TONY STEWART FOUNDATION 50-50  |  OFFICIAL RULES

The Tony Stewart Foundation 50-50 (hereinafter referred to as “Raffle“) is a fundraising event conducted at the Eldora Speedway during racing events (hereinafter referred to as “Event“). By purchasing a ticket for the Raffle (hereinafter referred to as “Raffle Ticket“), each eligible participant (hereinafter referred to as “Participant“) represents that he/she meets all of the below-stated eligibility requirements and agrees to be bound by these Official Rules, all applicable laws, ordinances and regulations, and by the decisions of the Tony Stewart Foundation, Inc. (hereinafter referred to as “TSF“), a 501(c)(3) charitable organization, or its authorized representative.
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1. RAFFLE PERIOD:Raffle Tickets will be sold at varying times before the beginning of an Event and will end at a predetermined time prior to the conclusion of the Event (each hereinafter referred to as “Raffle Period“). The Raffle Period will conclude at a predetermined time at the sole discretion of TSF.
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2. ENTRY:Participants may enter the Raffle by purchasing Raffle Tickets from stationary Raffle purchase locations within Eldora Speedway and/or from Raffle Ticket sales representatives roaming in and around Eldora Speedway in varying price points, subject to change at the sole discretion of TSF.
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   All Raffle Ticket purchases must be made during the applicable Raffle Period. Raffle Tickets are not eligible to be entered into any past or future Raffle drawing. TSF, its representative(s) and/or any related entities are not 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 technical problem. No refunds will be made except as otherwise determined by TSF in its sole discretion.
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3. ELIGIBILITY:The Raffle is open to all individuals present for the applicable Event or individuals purchasing Raffle Tickets via the internet who are eighteen (18) years of age or older as of the date of purchase. The Raffle is subject to all applicable Federal, state and local laws. The Raffle is void outside the United States and where prohibited by law.
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4. RANDOM DRAWING: The running total from Raffle Ticket sales will be periodically displayed and updated on the main videoboard at Eldora Speedway and on the website www.eldora5050.com. The winning Raffle Ticket number will be selected after the conclusion of each Raffle Period by random drawing from among all eligible Raffle Tickets purchased during the Raffle Period. The drawing will be held approximately before any “A Feature” race time, but TSF may, in its sole discretion, may modify the time of drawing. In the event of a weather delay or postponement of an Event, TSF may, in its sole discretion, modify any pre-determined schedule with respect to the Raffle Period and/or the drawing. All drawings will be conducted by TSF whose decision is final and binding.
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5. PRIZE:Prior to the conclusion of the Event, the selected Raffle Ticket number will be announced on the Eldora Speedway main videoboard. The selected Raffle Ticket number will also be posted on the Raffle website located at www.eldora5050.com. In the Event the videoboard and/or website are inoperable, the selected Raffle Ticket number can be found on the Eldora Speedway Facebook page and Twitter account. The Participant that purchased the Raffle Ticket with the corresponding winning Raffle Ticket number (hereinafter referred to as “Prize Claimant“) will receive fifty percent (50%) of the net proceeds (total collected by TSF minus any related expenses from the Raffle Ticket sales) for the applicable Raffle Period (hereinafter referred to as “Prize“). All remaining proceeds from the Raffle shall be retained by TSF.
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6. CLAIMING A PRIZE:To claim the Prize, the Prize Claimant must contact TSF and present the winning Raffle ticket in-person at the base of the tower at Eldora Speedway within fifteen (15) minutes from the time of the drawing. If the Prize Claimant is not present at Eldora Speedway, the Prize Claimant has thirty (30) days from the conclusion of the applicable Raffle Period to present the winning ticket, in person, to Eldora Speedway or may contact Eldora Speedway via phone at (937) 338-3815 and present the winning Raffle Ticket’s reference number. The winning Raffle Ticket is the only valid receipt for claiming a Prize. Each Prize Claimant must provide TSF with all information required to claim the Prize (including tax identification information and a copy of Prize Claimant’s driver’s license or State identification card). The Prize Claimant will receive applicable tax forms which must be executed and returned to TSF prior to receipt of the Prize, along with a copy of Prize Claimant’s driver’s license or State identification card. In the event a Prize Claimant: (a) does not notify TSF within thirty (30) days of the conclusion of the applicable Raffle Period; (b) is ruled ineligible for any reason; (c) refuses the Prize; or (d) does not return an executed tax forms and copies of Prize Claimant’s driver’s license or State identification card within thirty (30) days of notifying Eldora Speedway of Prize Claimant possessing the winning Raffle Ticket, the Prize will be forfeited and will be retained by TSF. TSF has no obligation to contact potential winners. All prizes will be delivered via check within sixty (60) days of the Prize Claimant delivering the winning Raffle Ticket’s reference number, executed tax forms, a copy of Prize Claimant’s driver’s license or State identification card, and all other required documents to TSF. For security and safety reasons, no cash payments will be made to the Prize winners. Unclaimed winnings will be retained by TSF.
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7. ODDS:Odds of winning are based on the total number of Raffle Tickets purchased in each Raffle Period.
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8. 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 Ticket 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.
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9. TRANSFER OF RAFFLE TICKET:Raffle Tickets shall not be resold to any other party. Any Raffle Ticket which has been resold shall be void. All individuals who re-sell, purchase, or receive a Raffle Ticket in violation of these Official Rules shall be ineligible to participate in the Raffle or to win a Prize.
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10. PARTICIPANT’S GRANT OF LICENSE:By participating in the Raffle or accepting a Prize, each Participant hereby irrevocably and perpetually grants to TSF, and its designees a worldwide license to use, publish, reproduce, create derivative works of, distribute and publicly display any images or likenesses taken or captured of the Participant in connection with any participation in the Raffle or receiving a Prize (hereinafter collectively referred to as “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 TSF’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.
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11. 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 TSF, any groups of volunteers working during the Raffle Period, including but not limited to Racing for Relief, Inc., and Eldora Speedway together with all of their past, present or future predecessors, successors, assigns, parent companies, subsidiaries, affiliates, related entities and persons, owners, shareholders, members, partners, trustees, elected officials, directors, principals, managers, employees, volunteers, agents, consultants, contractors, representatives, sponsors, and insurers 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 TSF 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 (including death) 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 or stolen Raffle Ticket, and (iii) 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.
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12. DISPUTES AND GOVERNING LAW:The Raffle and the Official Rules Agreement shall be governed in all respects by the laws of the United States of America and by the laws of the State of Ohio 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 MEDIATION VIA A MEDIATOR AT TSF’S SOLE DISCRETION, AND JUDGMENT ON THE AWARD RENDERED BY THE MEDIATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.
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    PARTICIPANTS EXPRESSLY WAIVE ALL RIGHTS TO COURT AND JURY TRIAL. Each Participant agrees that: (1) any and all disputes, claims, and causes of action not waived arising out of or in connection with the Raffle, or any Prize(s) 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; and (3) under no circumstances will Participant be permitted to obtain awards for, and Participant 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.
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13. DISQUALIFICATION; CHANGES:TSF reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the operation of the raffle, re-sells a Raffle Ticket, violates the Official Rules, or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. TSF reserves the right to, at 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 BY A PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE RAFFLE IS A VIOLATION OF THESE OFFICIAL RULES AND OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, TSF RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
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14. SPONSOR; WINNERS LIST: The sponsor of the Raffle is the Tony Stewart Foundation, Inc., a 501(c)(3) charitable organization existing under the laws of the State of Indiana, such being a distinct legal entity from Eldora Speedway, Inc., the legal entity which owns and operates Eldora Speedway. To obtain a list of the winning Raffle Ticket numbers, please send a request to: Eldora Speedway, Inc., 13929 State Route 118, New Weston, OH 45348, together with a stamped, self-addressed envelope. The winning raffle ticket numbers also will be posted at www.eldora5050.com.
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