Loving Hands Quarter Auction

Official Rules & Regulations

Loving Hands Ministries, Inc.

2019 Quarter Auction Drawing Official Rules

  • Sponsor: Loving Hands Ministries (“Sponsor”) is a registered 501(c)(3) nonprofit corporation. A copy of the official registration and financial information may be obtained by calling toll-free within the state at 1-800- HELP-FLA or online at www.FloridaConsumerHelp.com. Registration does not imply endorsement, approval, or recommendation by the State.  (Registration Number: CH41720).  Loving Hands Ministries is the sponsor of the quarter auction drawing (“Quarter Auction”) to benefit Loving Hands Ministries, Inc.

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  • Event: The “Quarter Auction” is schedule to be conducted on June 29, 2019 beginning at 6:30 p.m. at 330 11th Avenue West in Palmetto, Florida.

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  • Eligibility: At the time of the event, every “Quarter Auction” potential participant must be a natural person who is 18 years of age or older. “Sponsor” reserves the right to request photo identification from any person requesting to participate in the “Quarter Auction.” All federal, state, and local laws, and regulations apply. Employees of Loving Hands Ministries, Inc. are not eligible to participate.

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  • Participation: To participate, an eligible person requests two or more auction paddles during the event time and at the event location.  The minimum suggested donation per paddle is two paddles for ten dollars ($10) and three dollars ($3) for each additional paddle. There is no limit on the number of paddles per person. Each eligible person receiving paddles in exchange for their donation are “Participants” in the “Quarter Auction.”  Tables for eight persons may be reserved for a minimum suggested donation of seventy-five dollars ($75); a table reservation includes two paddles each for eight persons and one Item Raffle drawing ticket (see official rules for the “Item Raffle” drawing for details) entry for eight persons.  Advanced registration is not required to participate. Advanced registration deadline is June 20, 2019.  Each paddle will have one associated paddle number corresponding to a number entered into each drawing pool.

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  • Drawing Operation:

  • Raffle drawing prizes will be announced during the event.  A list of all prizes for which a drawing will occur will be available at the event.

  • Each participant may separately choose to participate in the drawing for each announced prize.

  • After the prize announcement, each participant chooses how many of their auction paddles to activate for that prize drawing.

  • For each paddle the participant chooses to activate for that prize drawing, the participant donates the required number of quarters for that prize drawing.

  • The number of quarters to activate each paddle for the prize drawing is based upon the retail value of the prize offered in each drawing.

  • A prize with a retail value of forty-nine dollars ($49) or less is one quarter per paddle per prize drawing.

  • A prize with a retail value of fifty dollars up to seventy-four dollars ($50-$74) is two quarters per paddle per prize drawing.

  • A prize with a retail value of seventy-five dollars up to ninety-nine dollars ($75-$99) is three quarters per prize drawing.

  • A prize with a retail value of one-hundred dollars ($100+) or greater is four quarters per prize drawing.

  • The “Participant” holds each activated paddle up to indicate participation in that prize drawing after putting the quarters in a designated container.

  • Once all quarters are submitted by each “Participant” desiring to participate in that prize drawing, one number is randomly selected from the drawing pool.

  • If the randomly selected number is associated with a paddle for which the “Participant” chose not to active with quarters for that prize drawing, no winner is declared.  If no winner is declared because a “Participant” did not activate the paddle associated with the randomly chosen number, another randomly selected number will be chosen until an activated paddle is randomly selected.

  • When the randomly selected number is associated with an activated paddle, the prize is awarded to the “Participant” and that drawing is ended. 

  • The “Participant” must be present to win a prize.

  • No prize drawing is conditioned upon the number of eligible entries for each drawing.

  • Raffle Drawings will continue for each prize until a winner for all announced prizes has been randomly selected.

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  • Contributions: NO CONTRIBUTION OR PURCHASE IS NECESSARY TO PARTICPATE. A CONTRIBUTION OR PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. All contributions are minimum suggested donations. Any contribution or donation may or may not be tax deductible.  “Sponsor” makes no representation as to the tax deductibility of any contributions or donations; participants are encouraged to seek independent tax advice from a competent tax advisor. To obtain two free auction paddles without a contribution, donation, or purchase: print by hand your name, street address (no P.O. Boxes), phone number, and email address on a 4”x6” index card; include a handwritten statement that you wish to receive a “no donation” entry to participate in the “Quarter Auction” drawings.  Enclose the completed index card in an envelope that is addressed by hand to “Loving Hands Ministries, P.O. Box 1157, Bradenton, FL, 34206.”  All requests for a “no donation” entry to participate must be mailed and postmarked from within the State of Florida.  Requests for a “no donation” entry to participate must be received by “Sponsor” via U.S. mail no later than 9:00 a.m. on June 26, 2019.  Only one “no donation” entry to participate request will be accepted per name, mailing address, or email address. Only one “no donation” entry to participate request index card will be accepted per mailed request.

  • Prizes: Prizes will be announced during the event. A list of all prizes for which a drawing will occur will be available at the event.  All taxes, fees, insurances, or other charges associated with any prizes are the sole responsibility of the winner of each prize. Tax withholding and reporting may be conducted in compliance with federal and state laws.   Odds of winning a prize depend on the total number of eligible entries for each prize. The number of prizes offered during the “Quarter Auction” is based upon the number of prizes donated to “Sponsor” for the event. Prizes are awarded “as-is.” “Sponsor” EXPRESSLY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELATING TO ANY AND ALL PRIZES RELATING TO THE “QUARTER AUCTION” IN ANY WAY.

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  • Publicity: Every person in attendance at “Quarter Auction” grants full permission to “Sponsor” to use their name, city, state of residence, photograph, voice, any likeness, statements, biographical information, participation, or prize information for advertising, trade, and promotional purposes without compensation, without notice, without review, without permission, and without approval, in all media formats, including but not limited to the internet, world wide web, social media, audio, print, digital, or other formats, in perpetuity.

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  • Disclaimer; Waiver; Release; Indemnification: Each person, regardless of eligibility, by participation in the “Quarter Auction”:

  • represents, warrants, acknowledges, and agrees that he or she did not receive any representation, warranty, guarantee, or assurance, whether written or oral, express or implied, in fact or in law, relative to participating in the “Quarter Auction” or winning any prize;

  • forever waives, releases and discharges, and agrees to indemnify, defend, protect and hold harmless, “Sponsor” and its past or present trustees, directors, officers, employees, volunteers, representatives, agents, and any person or entity associated with the production, administration, operation, promoting, advertising, or conducting the “Quarter Auction” from and against any and all claims, actions, losses, injuries, liabilities and obligations of any kind arising in connection with, including, but not limited to negligence and damages of any kind to persons or property, including but not limited to invasion of privacy, defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright, or other intellectual property rights, property damage, or death or personal injury and any damages associated with any such action, including but not limited to direct, compensatory, consequential, or punitive damages, as a result of, or otherwise relating to his or her attendance at the “Quarter Auction” whether or not participating, request to participate in the “Quarter Auction”, participation in the “Quarter Auction”, or possession of items related to the “Quarter Auction”, failure to win or redeem a prize, or the redemption, acceptance, possession, ownership, receipt, use or misuse of any prize awarded during the “Quarter Auction”;

  • agrees to fully and unconditionally comply with and be bound by these Official Rules and abide by the decisions of “Sponsor”, which are binding and final in all matters relating to the “Quarter Auction”;

  • waives any right to claim ambiguity in the “Quarter Auction” operation or these Official Rules; and

  • agrees that released parties are not responsible if the “Quarter Auction” or its prizes, or any portion of such, are delayed or postponed for any reason, in which that portion of the event or prize(s) is forfeited in its entirety and no substitution will be provided except at the sole discretion of “Sponsor.”

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  • Governing Law & Severability: The “Quarter Auction” and these Official Rules shall be subject to and governed by the laws of the State of Florida.  If there is a conflict between these Official Rules and any applicable law, the applicable law shall govern (and in any case of a conflict between the laws of the State of Florida and any other applicable law, the laws of the State of Florida shall govern without giving effect to Florida’s choice of law rules). “Sponsor” reserves the right to update, supplement, or modify these Official Rules as may be necessary or appropriate for the operation of the “Quarter Auction” or the delivery of any prize in compliance with applicable law. If a court of competent jurisdiction finds any provision of these Official Rules, or their application to a particular person or circumstance, is invalid or unenforceable to any extent, then the remainder of these Official Rules, and the application of all of these Official Rules to other persons or circumstances, shall not be affected by that determination, and shall remain enforceable to the fullest extent permitted under law. Failure of “Sponsor” to enforce at any time any provision of these Official Rules shall not be considered a waiver of such provision or any other provision and shall not deprive “Sponsor” of the right to enforce such provision or any other provision.

  •  

  • Mandatory Arbitration Agreement; Class Action Waiver: If there is a dispute of any kind regarding the “Quarter Auction” that is unresolved informally, each person in attendance regardless of eligibility or participation:

  • agrees to arbitrate such dispute with arbitration to take place in Manatee County, Florida, and to be decided by binding arbitration in accordance with current Arbitration rules of the American Arbitration Association;

  • submits himself or herself to the jurisdiction of the Twelfth Judicial Circuit Court in Manatee County;

  • waives any objection to such jurisdiction and venue;

  • appoints the then Clerk, or acting Clerk, of said court as his or her agent for the service of all process in connection with such proceedings;

  • waives any and all rights to have a court or jury trial, or to participate in a class action or class arbitration;

  • agrees and understands that other rights available in a court will not be available or be more limited in arbitration, including but not limited to the right to appeal;

  • agrees the cost of arbitration shall be shared equally, but each shall bear their own costs and attorney fees associated with their participation in arbitration;

  • agrees to give “Sponsor” prior written notice of a potential Arbitration Claim and a reasonable opportunity, to be not less than forty-five (45) days to resolve any such claim informally and that such written notice shall:

  • be sent by Certified U.S. Mail to Loving Hands Ministries, Inc., 9511 36th Avenue East, Palmetto, FL, 34221;

  • identify the potential claimant by name, address, email address, and telephone number;

  • explain the nature of the potential Arbitration Claim sufficiently for the “Sponsor” to determine how to defend or resolve the potential claim;

  • explain the relief requested sufficiently for the “Sponsor” to determine the appropriate manner to resolve the potential claim; and

  • be submitted only by the person having the potential claim and by no other person, entity, or party.

  • agrees to cooperate in providing any and all information about the potential claim that “Sponsor” reasonably requests;

  • grant reasonable opportunity for the “Sponsor” to informally resolve the potential claim; and

  • agrees these provisions shall not apply to any claim of “Sponsor.”

Copyright 2019 Loving Hands Ministries, Inc. All Rights Reserved.

  • Loving Hands Ministries, Inc.

  • 2019 50/50 Raffle Drawing Official Rules

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  • Sponsor: Loving Hands Ministries (“Sponsor”) is a registered 501(c)(3) nonprofit corporation. A copy of the official registration and financial information may be obtained by calling toll-free within the state at 1-800- HELP-FLA or online at www.FloridaConsumerHelp.com. Registration does not imply endorsement, approval, or recommendation by the State.  (Registration Number: CH41720).  Loving Hands Ministries is the sponsor of the 50/50 raffle drawing (“50/50”) to benefit Loving Hands Ministries, Inc.

  •  

  • Event: The “50/50” is schedule to be conducted on June 29, 2019 at approximately 8:00 p.m. at 330 11th Avenue West in Palmetto, Florida.

  •  

  • Eligibility: At the time of the event, every “50/50” potential participant must be a natural person who is 18 years of age or older. “Sponsor” reserves the right to request photo identification from any person requesting to participate in the “50/50.” All federal, state, and local laws, and regulations apply. Employees of Loving Hands Ministries, Inc. are not eligible to participate.

  •  

  • Participation: To participate, an eligible person requests one or more tickets into the “50/50” on the night of the event prior to the drawing. The minimum suggested donation for each ticket in the “50/50” is one dollar ($1).  All donations per ticket above one dollar ($1) are a donation to “Sponsor” and will not be counted toward the prize total.

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  • Drawing Operation:

  • “50/50” prize shall be 50% of the proceeds received by “Sponsor” in exchange for tickets. 

  • There is no maximum number of tickets per person.

  • There is no maximum number of tickets possible to be distributed for the “50/50.”

  • At the time of the drawing, one ticket will be randomly selected from the pool of all the tickets.

  • The participant holding the matching ticket must present the winning ticket for verification and authentication.

  • Prize drawing is not conditioned upon the number of eligible entries.

  • “50/50” winner must be present at the time of drawing to win.

  •  

  • Contributions: NO CONTRIBUTION OR PURCHASE IS NECESSARY TO PARTICPATE. A CONTRIBUTION OR PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. All contributions are minimum suggested donations. Any contribution or donation may or may not be tax deductible.  “Sponsor” makes no representation as to the tax deductibility of any contributions or donations; participants are encouraged to seek independent tax advice from a competent tax advisor. To obtain a free raffle ticket without a contribution, donation, or purchase: print by hand your name, street address (no P.O. Boxes), phone number, and email address on a 4”x6” index card; include a handwritten statement that you wish to receive a “no donation” entry to participate in the “50/50” drawing.  Enclose the completed index card in an envelope that is addressed by hand to “Loving Hands Ministries, P.O. Box 1157, Bradenton, FL, 34206.”  All requests for a “no donation” entry to participate must be mailed and postmarked from within the State of Florida.  Requests for a “no donation” entry to participate must be received by “Sponsor” via U.S. mail no later than 9:00 a.m. on June 26, 2019.  Only one “no donation” entry to participate request will be accepted per name, mailing address, or email address. Only one “no donation” entry to participate request index card will be accepted per mailed request.  The free “no donation” raffle ticket may be picked up at the event between 6:30 p.m. and 7:30 p.m.

  • Prize: The prize will be announced during the event. The “50/50” prize shall be 50% of the proceeds received by “Sponsor” in exchange for tickets. One dollar ($1) per ticket is the maximum donation to be counted toward the prize total. All donations received more than one dollar ($1) per ticket is a donation to “Sponsor.” All taxes, fees, insurances, or other charges associated with the prize are the sole responsibility of the winner. Tax withholding and reporting may be conducted in compliance with federal and state laws.  Odds of winning a prize depend on the total number of eligible entries. Prize is awarded “as-is.” “Sponsor” EXPRESSLY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELATING TO ANY AND THE PRIZE RELATING TO THE “RAFFLE” IN ANY WAY.

  •  

  • Publicity: Every person in attendance at the “50/50” grants full permission to “Sponsor” to use their name, city, state of residence, photograph, voice, any likeness, statements, biographical information, participation, or prize information for advertising, trade, and promotional purposes without compensation, without notice, without review, without permission, and without approval, in all media formats, including but not limited to the internet, world wide web, social media, audio, print, digital, or other formats, in perpetuity.

  •  

  • Disclaimer; Waiver; Release; Indemnification: Each person, regardless of eligibility, by participation in the “50/50”:

  • represents, warrants, acknowledges, and agrees that he or she did not receive any representation, warranty, guarantee, or assurance, whether written or oral, express or implied, in fact or in law, relative to participating in the “50/50” or winning any prize;

  • forever waives, releases and discharges, and agrees to indemnify, defend, protect and hold harmless, “50/50” and its past or present trustees, directors, officers, employees, volunteers, representatives, agents, and any person or entity associated with the production, administration, operation, promoting, advertising, or conducting the “50/50” from and against any and all claims, actions, losses, injuries, liabilities and obligations of any kind arising in connection with, including, but not limited to negligence and damages of any kind to persons or property, including but not limited to invasion of privacy, defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright, or other intellectual property rights, property damage, or death or personal injury and any damages associated with any such action, including but not limited to direct, compensatory, consequential, or punitive damages, as a result of, or otherwise relating to his or her attendance at the “50/50” whether or not participating, request to participate in the “50/50”, participation in the “50/50”, or possession of items related to the “50/50”, failure to win or redeem a prize, or the redemption, acceptance, possession, ownership, receipt, use or misuse of any prize awarded during the “50/50”;

  • agrees to fully and unconditionally comply with and be bound by these Official Rules and abide by the decisions of “Sponsor”, which are binding and final in all matters relating to the “50/50”;

  • waives any right to claim ambiguity in the “50/50” operation or these Official Rules; and

  • agrees that released parties are not responsible if the “50/50” or its prize, or any portion of such, are delayed or postponed for any reason, in which that portion of the event or prize(s) is forfeited in its entirety and no substitution will be provided except at the sole discretion of “Sponsor.”

  •  

  • Governing Law & Severability: The “Raffle” and these Official Rules shall be subject to and governed by the laws of the State of Florida.  If there is a conflict between these Official Rules and any applicable law, the applicable law shall govern (and in any case of a conflict between the laws of the State of Florida and any other applicable law, the laws of the State of Florida shall govern without giving effect to Florida’s choice of law rules). “Sponsor” reserves the right to update, supplement, or modify these Official Rules as may be necessary or appropriate for the operation of the “50/50” or the delivery of any prize in compliance with applicable law. If a court of competent jurisdiction finds any provision of these Official Rules, or their application to a particular person or circumstance, is invalid or unenforceable to any extent, then the remainder of these Official Rules, and the application of all of these Official Rules to other persons or circumstances, shall not be affected by that determination, and shall remain enforceable to the fullest extent permitted under law. Failure of “Sponsor” to enforce at any time any provision of these Official Rules shall not be considered a waiver of such provision or any other provision and shall not deprive “Sponsor” of the right to enforce such provision or any other provision.

  •  

  • Mandatory Arbitration Agreement; Class Action Waiver: If there is a dispute of any kind regarding the “50/50” that is unresolved informally, each person in attendance regardless of eligibility or participation:

  • agrees to arbitrate such dispute with arbitration to take place in Manatee County, Florida, and to be decided by binding arbitration in accordance with current Arbitration rules of the American Arbitration Association;

  • submits himself or herself to the jurisdiction of the Twelfth Judicial Circuit Court in Manatee County;

  • waives any objection to such jurisdiction and venue;

  • appoints the then Clerk, or acting Clerk, of said court as his or her agent for the service of all process in connection with such proceedings;

  • waives any and all rights to have a court or jury trial, or to participate in a class action or class arbitration;

  • agrees and understands that other rights available in a court will not be available or be more limited in arbitration, including but not limited to the right to appeal;

  • agrees the cost of arbitration shall be shared equally, but each shall bear their own costs and attorney fees associated with their participation in arbitration;

  • agrees to give “Sponsor” prior written notice of a potential Arbitration Claim and a reasonable opportunity, to be not less than forty-five (45) days to resolve any such claim informally and that such written notice shall:

  • be sent by Certified U.S. Mail to Loving Hands Ministries, Inc., 9511 36th Avenue East, Palmetto, FL, 34221;

  • identify the potential claimant by name, address, email address, and telephone number;

  • explain the nature of the potential Arbitration Claim sufficiently for the “Sponsor” to determine how to defend or resolve the potential claim;

  • explain the relief requested sufficiently for the “Sponsor” to determine the appropriate manner to resolve the potential claim; and

  • be submitted only by the person having the potential claim and by no other person, entity, or party.

  • agrees to cooperate in providing any and all information about the potential claim that “Sponsor” reasonably requests;

  • grant reasonable opportunity for the “Sponsor” to informally resolve the potential claim; and

  • agrees these provisions shall not apply to any claim of “Sponsor.”

  •  

  • Copyright 2019 Loving Hands Ministries, Inc. All Rights Reserved.

  • Loving Hands Ministries, Inc.
  • 2019 Item Raffle Drawing Official Rules

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  •  

  • Sponsor: Loving Hands Ministries (“Sponsor”) is a registered 501(c)(3) nonprofit corporation. A copy of the official registration and financial information may be obtained by calling toll-free within the state at 1-800- HELP-FLA or online at www.FloridaConsumerHelp.com. Registration does not imply endorsement, approval, or recommendation by the State.  (Registration Number: CH41720).  Loving Hands Ministries is the sponsor of the item raffle” drawing (“Item Raffle”) to benefit Loving Hands Ministries, Inc.

  •  

  • Event: The “Item Raffle” is schedule to be conducted on June 29, 2019 after 6:30 pm at 330 11th Avenue West in Palmetto, Florida.

  •  

  • Eligibility: At the time of the event, every “Item Raffle” potential participant must be a natural person who is 18 years of age or older. “Sponsor” reserves the right to request photo identification from any person requesting to participate in the “Item Raffle.” All federal, state, and local laws, and regulations apply. Employees, officers, and directors of Loving Hands Ministries, Inc. including members of their immediate families or residents of their household are not eligible to participate.

  •  

  • Participation: To participate, an eligible person requests one or more tickets into the “Item Raffle” on the night of the event prior to the drawing. The minimum suggested donation for each ticket in the “Item Raffle” is one dollar ($1).  All donations per ticket above one dollar ($1) are a donation to “Sponsor.”

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  • Drawing Operation:

  • “Item Raffle” prizes are as describe in the “Prizes” section of these Official Rules. 

  • There is no maximum number of tickets per person.

  • There is no maximum number of tickets possible to be distributed for the “Item Raffle.”

  • Participants with tickets for the “Item Raffle” will select a prize from the available prizes and place one or more of their tickets into the designated container for that prize.

  • Participants may place more than one ticket into the designated container per prize without limit.

  • Each ticket shall only be valid for a drawing toward one prize.

  • At the time of the drawing, one ticket will be randomly selected from designated container for that prize.

  • The participant holding the matching ticket must present the winning ticket for verification and authentication.

  • Prize drawing is not conditioned upon the number of eligible entries.

  • “Item Raffle” winner must be present at the time of drawing to win.

  •  

  • Contributions: NO CONTRIBUTION OR PURCHASE IS NECESSARY TO PARTICPATE. A CONTRIBUTION OR PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. All contributions are minimum suggested donations. Any contribution or donation may or may not be tax deductible.  “Sponsor” makes no representation as to the tax deductibility of any contributions or donations; participants are encouraged to seek independent tax advice from a competent tax advisor. To obtain a free “Item Raffle” ticket without a contribution, donation, or purchase: print by hand your name, street address (no P.O. Boxes), phone number, and email address on a 4”x6” index card; include a handwritten statement that you wish to receive a “no donation” entry to participate in the “Item Raffle” drawing.  Enclose the completed index card in an envelope that is addressed by hand to “Loving Hands Ministries, P.O. Box 1157, Bradenton, FL, 34206.”  All requests for a “no donation” entry to participate must be mailed and postmarked from within the State of Florida.  Requests for a “no donation” entry to participate must be received by “Sponsor” via U.S. mail no later than 9:00 a.m. on June 26, 2019.  Only one “no donation” entry to participate request will be accepted per name, mailing address, or email address. Only one “no donation” entry to participate request index card will be accepted per mailed request.  The free “no donation” raffle ticket may be picked up at the event between 6:30 p.m. and 7:30 p.m.

  • Prizes: Prizes will be announced at the event.  All taxes, fees, insurances, or other charges associated with any prizes are the sole responsibility of the winner of each prize.  Odds of winning a prize depend on the total number of eligible entries for each prize. The number of prizes offered during the “Item Raffle” is based upon the number of prizes donated to “Sponsor” for the event. Prizes are awarded “as-is.” “Sponsor” EXPRESSLY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELATING TO ANY AND ALL PRIZES RELATING TO THE “QUARTER AUCTION” IN ANY WAY.

  •  

  • Publicity: Every person in attendance at the “Item Raffle” grants full permission to “Sponsor” to use their name, city, state of residence, photograph, voice, any likeness, statements, biographical information, participation, or prize information for advertising, trade, and promotional purposes without compensation, without notice, without review, without permission, and without approval, in all media formats, including but not limited to the internet, world wide web, social media, audio, print, digital, or other formats, in perpetuity.

  •  

  • Disclaimer; Waiver; Release; Indemnification: Each person, regardless of eligibility, by participation in the “Item Raffle”:

  • represents, warrants, acknowledges, and agrees that he or she did not receive any representation, warranty, guarantee, or assurance, whether written or oral, express or implied, in fact or in law, relative to participating in the “Item Raffle” or winning any prize;

  • forever waives, releases and discharges, and agrees to indemnify, defend, protect and hold harmless, “Sponsor” and its past or present trustees, directors, officers, employees, volunteers, representatives, agents, and any person or entity associated with the production, administration, operation, promoting, advertising, or conducting the “Item Raffle” from and against any and all claims, actions, losses, injuries, liabilities and obligations of any kind arising in connection with, including, but not limited to negligence and damages of any kind to persons or property, including but not limited to invasion of privacy, defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright, or other intellectual property rights, property damage, or death or personal injury and any damages associated with any such action, including but not limited to direct, compensatory, consequential, or punitive damages, as a result of, or otherwise relating to his or her attendance at the “Item Raffle” whether or not participating, request to participate in the “Item Raffle”, participation in the “Item Raffle”, or possession of items related to the “Item Raffle”, failure to win or redeem a prize, or the redemption, acceptance, possession, ownership, receipt, use or misuse of any prize awarded during the “Item Raffle”;

  • agrees to fully and unconditionally comply with and be bound by these Official Rules and abide by the decisions of “Sponsor”, which are binding and final in all matters relating to the “Item Raffle”;

  • waives any right to claim ambiguity in the “Item Raffle” operation or these Official Rules; and

  • agrees that released parties are not responsible if the “Item Raffle” or its prize, or any portion of such, are delayed or postponed for any reason, in which that portion of the event or prize(s) is forfeited in its entirety and no substitution will be provided except at the sole discretion of “Sponsor.”

  •  

  • Governing Law & Severability: The “Item Raffle” and these Official Rules shall be subject to and governed by the laws of the State of Florida.  If there is a conflict between these Official Rules and any applicable law, the applicable law shall govern (and in any case of a conflict between the laws of the State of Florida and any other applicable law, the laws of the State of Florida shall govern without giving effect to Florida’s choice of law rules). “Sponsor” reserves the right to update, supplement, or modify these Official Rules as may be necessary or appropriate for the operation of the “Item Raffle” or the delivery of any prize in compliance with applicable law. If a court of competent jurisdiction finds any provision of these Official Rules, or their application to a particular person or circumstance, is invalid or unenforceable to any extent, then the remainder of these Official Rules, and the application of all of these Official Rules to other persons or circumstances, shall not be affected by that determination, and shall remain enforceable to the fullest extent permitted under law. Failure of “Sponsor” to enforce at any time any provision of these Official Rules shall not be considered a waiver of such provision or any other provision and shall not deprive “Sponsor” of the right to enforce such provision or any other provision.

  •  

  • Mandatory Arbitration Agreement; Class Action Waiver: If there is a dispute of any kind regarding the “Item Raffle” that is unresolved informally, each person in attendance regardless of eligibility or participation:

  • agrees to arbitrate such dispute with arbitration to take place in Manatee County, Florida, and to be decided by binding arbitration in accordance with current Arbitration rules of the American Arbitration Association;

  • submits himself or herself to the jurisdiction of the Twelfth Judicial Circuit Court in Manatee County;

  • waives any objection to such jurisdiction and venue;

  • appoints the then Clerk, or acting Clerk, of said court as his or her agent for the service of all process in connection with such proceedings;

  • waives any and all rights to have a court or jury trial, or to participate in a class action or class arbitration;

  • agrees and understands that other rights available in a court will not be available or be more limited in arbitration, including but not limited to the right to appeal;

  • agrees the cost of arbitration shall be shared equally, but each shall bear their own costs and attorney fees associated with their participation in arbitration;

  • agrees to give “Sponsor” prior written notice of a potential Arbitration Claim and a reasonable opportunity, to be not less than forty-five (45) days to resolve any such claim informally and that such written notice shall:

  • be sent by Certified U.S. Mail to Loving Hands Ministries, Inc., 9511 36th Avenue East, Palmetto, FL, 34221;

  • identify the potential claimant by name, address, email address, and telephone number;

  • explain the nature of the potential Arbitration Claim sufficiently for the “Sponsor” to determine how to defend or resolve the potential claim;

  • explain the relief requested sufficiently for the “Sponsor” to determine the appropriate manner to resolve the potential claim; and

  • be submitted only by the person having the potential claim and by no other person, entity, or party.

  • agrees to cooperate in providing any and all information about the potential claim that “Sponsor” reasonably requests;

  • grant reasonable opportunity for the “Sponsor” to informally resolve the potential claim; and

  • agrees these provisions shall not apply to any claim of “Sponsor.”

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