50/50 Raffle

1. General. By participating in the 2023 Ben’s Bells 50/50 Raffle (“Raffle”), entrants agree to be bound by these Official Rules and by the decisions of Ben’s Bells, Inc. (“Ben’s Bells”), which shall be binding and final as to all matters related to the Raffle. The Raffle is subject to all applicable federal, state, and local laws and is void where prohibited.

2. Jackpot. The “Jackpot” shall be the total proceeds from raffle tickets sold for that drawing (“Raffle Tickets”), less reasonable expenses incurred by Ben’s Bells for the operation of the Raffle. The Jackpot will be publicly posted during the Raffle. In the event there is a surplus of expenses deducted, such proceeds shall be retained by Ben’s Bells. In the event an insufficient amount is deducted to cover Ben’s Bells’ expenses, Ben’s Bells shall absorb such expenses.

3. Foundation Proceeds. Fifty percent (50%) of the Jackpot will benefit Ben’s Bells, a 501(c)3 nonprofit charity. Ben’s Bells programs aim to teach individuals and communities of the positive impacts of kindness.

4. Eligibility. The Raffle is open only to all persons who, at the time of entry, are located in the State of Arizona and are eighteen (18) years of age or older. By participating in the Raffle, entrants agree to be subject to these Official Rules.

5. Purchasing Raffle Tickets. ALL PURCHASES MUST BE MADE BY ELIGIBLE ENTRANTS WHO ARE LOCATED WITHIN THE STATE OF ARIZONA AT THE TIME OF PURCHASE. Raffle Tickets may be purchased in increments as follows: one (1) Raffle Ticket for $5; ten (10) Raffle Tickets for $25.00; or twenty-five (25) Raffle Tickets for $50.00. Raffle Tickets may be available for purchase through Ben’s Bells website through World Kindness Day, Monday, November 13, 2003 (“Purchase Period”). Visit BensBells.org/Raffle (“Website”) and follow the directions to purchase Raffle Ticket(s). 

There is no limit to the number of Raffle Tickets an individual may purchase. Each entrant will receive a receipt corresponding to their purchased Raffle Tickets. Entries which are or appear to be tampered with are void. Ben’s Bells shall make the sole determination of the validity and eligibility of all entries. All Raffle Ticket purchases shall be final, and no refunds or replacements will be issued by Ben’s Bells. Raffle Tickets are only valid for the drawing held after the applicable Purchase Period.

6. Raffle Tickets are Not Tax Deductible. 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 the entry does not qualify as a deductible charitable contribution.

7. Prize. One winner will receive a prize equal to fifty percent (50%) of the Jackpot. The Raffle will result in one individual being chosen as the winner at random. There will be no opportunity for a tie.

8. Taxes. Each winner shall be responsible for any and all travel, costs, federal, state, and local income or excise taxes, fees, assessments, and like charges associated with a prize. At the time of this printing, federal law requires that a tax withholding on certain prize values must be collected from winners upon award and 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. A shared prize claim by multiple persons shall not reduce any applicable withholding on the total amount awarded.

9. Selection of Winner. Upon the conclusion of the applicable Purchase Period, one (1) Raffle Ticket will be drawn by Ben’s Bells to determine the winner of the prize. The number of the winning Raffle Ticket will be listed on BensBells.org/Raffle. The winning number may also be publicly announced on social media platforms.

10. Prize Claim. Within thirty (30) days of the applicable drawing, the prize claimant must notify Ben’s Bells and provide verifiable proof (as determined by Ben’s Bells) that the claimant is the rightful owner of the winning Raffle Ticket to claim a prize. A Raffle Ticket may be shared by multiple prize claimants; provided, however, that in the event of a dispute, the direct purchaser of the Raffle Ticket will be presumed to be the sole winner. Each prize claimant must provide Ben’s Bells with all information required to claim a prize (including tax identification information). The prize claimant will receive an Affidavit, Prize Claim, and Release (“Release”) which must be executed and returned to Ben’s Bells no later than five (5) business days after his/her receipt of the Release. In the event a claimant: (a) does not notify Ben’s Bells within thirty (30) days of the drawing; (b) is ruled ineligible for any reason; (c) refuses the prize; or (d) does not return an executed Release, the prize will be forfeited and will be retained by Ben’s Bells for charitable use. Ben’s Bells has no obligation to contact potential winners. All prizes will be sent to the winners via check within thirty (30) days of the winner delivering the winning Raffle Ticket, executed Release, and all other required documents to Ben’s Bells. For security and safety reasons, no cash payments will be made to the winners.

11. Odds. The odds of winning the Raffle depend on the number of Raffle Tickets purchased for the applicable drawing.

12. Transfer of Raffle Tickets or Prize. Persons who purchase Raffle Tickets may opt to give away their Raffle Tickets to other eligible persons, but in doing so the purchaser waives any claim he/she might otherwise have to the prize. Purchasers of Raffle Tickets may not re-sell their Raffle Tickets to other parties, and may not knowingly give Raffle Tickets away to others for the purpose of allowing those other parties to re-sell such Raffle Tickets. All Raffle Tickets which have been resold in violation of these Official Rules shall be void. All individuals who re-sell, purchase, or receive Raffle Tickets in violation of these Official Rules shall be ineligible to participate in the Raffle or to win a prize. A winner may transfer their prize to a third party provided that the following conditions are met: (a) the transferee would have otherwise been eligible to enter the Raffle (age eighteen (18) or older); (b) the transferee shall be responsible for all taxes and costs described in these Official Rules; and (c) the transferee shall be bound by all terms and conditions of these Official Rules that are applicable to the winner.

13. Administration. The Raffle will be conducted and supervised by Ben’s Bells, whose decisions are final. Ben’s Bells reserves the right to modify these Official Rules at any time.

14. Release of Liability. By entering into the Raffle, all entrants agree to: (a) be bound by these Official Rules; and (b) release Ben’s Bells together with their owners, partners, employees, officers, directors, sponsors, and agents, including advertising and promotion agencies (collectively, “Released Parties”) from and against any and all claims, demands, injuries, losses, and liabilities arising out of the Raffle, including any and all liability (including negligence) for property damages or personal injuries (including the consequences of such injuries, such as death) with respect to acceptance, possession, or use of the prize. 

15. Publicity Release**.** Each winner, by accepting a prize, grants Ben’s Bells and its designees and affiliates, full permission, except where legally prohibited, to use such winner’s name, address (city and state only), photograph, voice, other likeness, and prize information for advertising, trade, and promotional purposes without further compensation and without notice, review, or approval, in all media now known or hereafter discovered, worldwide, and in perpetuity. Each winner shall execute all documents that Ben’s Bells may require to be signed in connection with this release.

16. General Conditions. Released Parties are not responsible for stolen, late, incomplete, illegible, inaccurate, misdirected, lost, misrouted, scrambled, damaged, delayed, undelivered, mutilated, postage-due, or garbled entries, transmissions, or e-mail; or for lost, interrupted or unavailable network, cable, satellite, server, Internet Service Provider (ISP), wireless network, website, app, or other connections including those through and/or by any website or app, availability or accessibility or miscommunications or failed computer, satellite, telephone, cable or wireless transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; any error, omission, interruption, defect, or delay in transmission, processing, or communication; non-delivery; misdirected, blocked, or delayed e-mail notifications; printing, typographical, or other errors appearing within these Official Rules, in any Raffle-related advertisements or other materials; or any other errors, problems, or difficulties of any kind whether human, mechanical, electronic, network, computer, telephone, mail, typographical, printing, or otherwise relating to or in connection with the Raffle, including, without limitation, errors or difficulties which may occur in connection with the administration of the Raffle, the processing of entries, or the announcement of the prize or in any Raffle-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Raffle. Released Parties are not responsible for injury or damage to entrants’ or to any other person’s computer related to or resulting from participating in the Raffle or downloading materials from or use of the Website or App. Persons who tamper with or abuse any aspect of the Raffle, Website, or App, or attempt to undermine the legitimate operation of the Raffle by cheating, deception, or other unfair playing practices, or intend to annoy, abuse, threaten, or harass any other entrant or any representative of Ben’s Bells or who are in violation of these Official Rules, as solely determined by Ben’s Bells, will be disqualified and all associated entries will be void. Any attempt to deliberately damage the content or operation of the Raffle is unlawful and subject to legal action by Ben’s Bells or their respective agents. Ben’s Bells shall have the sole right to disqualify any entrant for violation of these Official Rules or any applicable laws relating to the Raffle, and to resolve all disputes in its sole discretion. Released Parties (i) make no warranty, guaranty, or representation of any kind concerning any prize (or any portion thereof); and (ii) disclaim any implied warranty. Ben’s Bells’ failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

Ben’s Bells reserves the right, in their sole discretion, to cancel or suspend the Raffle (or any portion thereof) for any reason, including in the event virus, bugs, unauthorized human intervention, or other causes corrupt administration, security, fairness, integrity or proper operation of the Raffle (or any portion thereof). In the event of cancellation, Ben’s Bells reserves the right, in its sole and absolute discretion, to elect to identify a winner and award the prize by way of random drawing from among all non-suspect, eligible entries received up to the time of such cancellation.

CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE ANY WEBSITE OR APP ASSOCIATED WITH THE RAFFLE OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THE RAFFLE MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, BEN’S BELLS WILL DISQUALIFY ANY SUCH ENTRANT, AND BEN’S BELLS AND THEIR RESPECTIVE AGENTS RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY PERSON OR PERSONS RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.

Entries generated by a script, macro, or other mechanical or automated means will be disqualified. In the event of dispute as to the identity or eligibility of any potential winner based on an e-mail address, the winning entry will be declared made by the Authorized Account Holder (defined below) of the e-mail address submitted at the time of entry provided their is eligible according to these Official Rules. The “Authorized Account Holder” is defined as the natural person to whom the applicable Internet service provider or other organization (such as a business or educational institution) has assigned the e-mail address for the domain associated with the submitted e-mail address.

17. Governing Law. The Raffle and these Official Rules shall be subject to and governed by the laws of the State of Arizona. If a court of competent jurisdiction finds that any provision of these Official Rules, or their application to a particular persons or circumstances, is invalid or unenforceable to any extent, then the remainder of these Official Rules shall remain enforceable to the fullest extent permitted by law. The venue for any cause of action arising out of the Raffle or these Official Rules shall be located in Maricopa County, Arizona.

18. Results. The Raffle will be