ULIBARRI LEADERSHIP FOUNDATION
SUMMER 2023 PRIZE DRAWINGS – OFFICIAL RULES
You must be 18 years of age or older at the time you donate to enter the Summer 2023 Prize Drawings (collectively, the “Drawings”). The Drawings are being conducted by the Ulibarri Leadership Foundation (“ULF”). By entering these Drawings, you certify that you have read and agree to these Official Rules.
Section 1:
Rules Applicability: Section 1 applies to all donations of any amount made during the Term (the Drawings for prizes for such donations are referred to herein as the “Section 1 Drawings”). Additionally, all of Section 3 (General Rules) apply to any entry.
Eligibility: Eligible individuals who (a) are at least eighteen (18) years of age at the time of donation, (b) are residents of the continental United States, and (c) donate during the Term, are automatically entered into the Section 1 Drawings.
How to Participate: Follow the instructions in these Official Rules to enter the Section 1 Drawings. There is no restriction on the number of times you may donate to the Section 1 Drawings. Each donation constitutes one Entry. Further, individuals may gain additional Entries by following requests on the Ulibarri Leadership Foundation Instagram (@ulifoundation), such as sharing the announcement post to their Instagram stories. These additional Entries are only available to individuals who have donated to the Drawings. No entries will be accepted after the Term has ended. Regarding any information that ULF is required to retain by law, ULF will retain this information in a manner consistent with applicable law. Entrants must fully complete and submit all non-optional data requested on the ULF website to enter the Drawings. Donations that do not meet the criteria set forth in these Official Rules will be retained by ULF but are not eligible for the Drawings. ULF reserves the right, in its sole discretion, to void any and all Drawing entries from an entrant who ULF believes has attempted to tamper with or impair the administration, security, or fairness of the Drawings, or who is otherwise not in compliance with these Official Rules.
Odds of Winning: The odds of winning any Prize depends upon the total number of Entries.
Selection of Winner: Multiple potential winners (one for each Prize) shall be selected on or around the Drawing dates, as specified by these Official Rules, which may be changed or extended as permitted by these Official Rules. A ULF representative will select one random winner per available Prize from all the qualified donations made during the Term. Each Entry has an equal chance of winning. The entrant does not need to be present at any Drawing to win. ULF will notify all potential winners, who will be announced as the winners of the Drawings subject to verification of eligibility and compliance with the terms of these Official Rules.
Qualification of Winners: The potential winners will each be required to execute and return an Affidavit of Eligibility, Liability Release, Internal Revenue Service form W-9 (W-8BEN for non-US residents), and a Publicity Release, within two (2) days of the date of issuance of notification. Non-compliance with any of the foregoing or these Official Rules, the inability to contact any potential winner within a reasonable time period, failure to return such documents within the specified time period, or a prize notification being returned as undeliverable may result in disqualification and, time permitting, awarding of prize items to an alternate potential winner, at ULF’s sole discretion, to be randomly selected from among all remaining eligible entrants.
Claiming Your Prize: Once a winner is qualified, ULF, at no additional charge, will coordinate the process of claiming prize items. Any Winner has 7 days from the winner announcement to contact the ULF regarding the prize details. Any and all prize items forfeited are forever gone and may not be transferred to another party or claimed at a later date. The prize will be forfeited, with no compensation to the winner, if it is not used by the winner.
Prizes: Prizes for this Section include discs, a Power Disc Golf Academy one-year membership, apparel, or any other Prize as advertised by the ULF social media or mailing list during the Term.
Fair Market Value: The Fair Market Value of each Prize varies between $15 and $149.
Section 2:
Rules Applicability: Section 2 applies to all donations made during the Term that are of $50 USD or more (the Drawing for prizes for such donations are referred to herein as the “Section 2 Drawing”). For any donation of $50 or more, the Section 2 Rules supersede the Section 1 Rules wherever they may contradict. Additionally, all of Section 3 (General Rules) apply to any entry.
Eligibility: Eligible individuals who (a) are at least eighteen (18) years of age at the time of donation, (b) are residents of the continental United States, (c) donate during the Term, and (d) donate $50 or more to the ULF are automatically entered into the Section 2 Drawing.
How to Participate: Follow the instructions in these Official Rules to enter the Drawings. There is no restriction on the number of times you may donate to the Drawings. Each donation of $50 will constitute one Entry, even if multiple $50 donations are made in a single transaction. Further, individuals may gain additional Entries by following requests on the Ulibarri Leadership Foundation Instagram (@ulifoundation), such as sharing the announcement post to their Instagram stories. These additional Entries are only available to individuals who have donated to the Section 2 Drawing. No orders will be accepted after the Term has ended. Regarding any information that ULF is required to retain by law, ULF will retain this information in a manner consistent with applicable law. Entrants must fully complete and submit all non-optional data requested on the ULF website to enter the Drawings. Donations that do not meet the criteria set forth in these Official Rules will be retained by ULF but are not eligible for the Drawings. ULF reserves the right, in its sole discretion, to void any and all Drawing entries from an entrant who ULF believes has attempted to tamper with or impair the administration, security, or fairness of the Drawings, or who is otherwise not in compliance with these Official Rules.
Odds of Winning: The odds of winning the Grand Prize depends upon the total number of Entries.
Selection of Winner: A potential winner shall be selected on the drawing date, as specified by these Official Rules, which may be extended as permitted by these Official Rules. A ULF representative will select a random winner from all the qualified donations made during the Term. Each Entry has an equal chance of winning. The entrant does not need to be present at the Drawing to win. ULF will notify the potential winner, who will be announced as the winner of the Drawings are subject to verification of eligibility and compliance with the terms of these Official Rules.
Qualification of Winner: The potential winner will be required to execute and return an Affidavit of Eligibility, Liability Release, Internal Revenue Service form W-9 (W-8BEN for non-US residents), and a Publicity Release, within two (2) days of the date of issuance of notification. Non-compliance with any of the foregoing or these Official Rules, the inability to contact the potential winner within a reasonable time period, failure to return such documents within the specified time period, or a prize notification being returned as undeliverable may result in disqualification and, time permitting, awarding of prize items to an alternate potential winner, at ULF’s sole discretion, to be randomly selected from among all remaining eligible entrants.
Claiming Your Prize: Once the winner is qualified, ULF, at no additional charge, will coordinate the process of claiming prize items. The Winner has 7 days from the winner announcement to contact the ULF regarding the prize details. Any and all prize items forfeited are forever gone and may not be transferred to another party or claimed at a later date. The prize will be forfeited, with no compensation to the winner, if it is not used by the winner.
Donation Threshold: Donations must be $50 USD or more to qualify for the Section 2 Drawing.
Grand Prize: The Grand Prize for the Section 2 Drawing constitutes the items shared in a ULF Instagram post on June 27, 2023. This includes – at minimum – a compact Zuca disc golf cart, three discs, and a year-long membership to the Power Disc Golf Academy. The ULF reserves the right to add additional prizes to the Grand Prize at any time during the Term.
Fair Market Value: The Fair Market Value has been determined as of June 27, 2023. The Fair Market Value for this Grand Prize will be the sum total of the value of the following: (i) “Competition-Used” Black and White Compact Zuca Cart ($350), (ii) First Run Signed Z Blend Captain’s Raptor ($20), (iii) Team Ledgestone Signed Buzzz SS ($40), (iv) One-Year Membership to the Power Disc Golf Academy ($149).
General Rules:
Conduct of Drawings: The entrant acknowledges and agrees: (a) that these Drawings are being conducted exclusively by ULF in the State of North Carolina, and (b) that any efforts to advertise the Drawings is done so on a voluntary basis and does not in any way, and cannot be construed in any way to, suggest that any group other than ULF is conducting these Drawings.
Taxes: The Internal Revenue Service and the North Carolina Department of Revenue treat the value of prizes won in a Drawing as ordinary income for tax purposes. The Drawing winners may be required to pay taxes to the Internal Revenue Service and/or the State of North Carolina. Any taxes that may be due are the sole responsibility of the winners. Please consult with your tax advisor to determine what your personal tax liability would be should you win a Drawing.
Acknowledgement: Entrant acknowledges that he/she/they has read the Official Rules of these Drawings and agrees that by entering, he/she/they will be contractually bound by the Official Rules of these Drawings upon acceptance of the entrant’s donation to ULF.
Donation Processing: Entrant acknowledges and agrees to the following: (a) that by submitting a qualifying donation, the entrant is entering the Drawings; (b) that ULF’s receipt of the entrant’s donation does not automatically constitute entry into the Drawings because each donation must be reviewed for compliance with these Official Rules; and (c) that once the entrant’s donation has been accepted by ULF, it cannot be canceled by or refunded to the entrant, regardless of whether the donation meets the requirements of these Official Rules. The entrant hereby acknowledges and agrees that all donations are final and that no refunds will be issued.
Winners Release: Entrant agrees that if he/she/they is selected as a potential winner, regardless of whether or not he/she/they is qualified as a winner, that ULF, and each of its designees, (a) shall have the right and permission to use (unless prohibited by law) entrant’s name, voice, address (city and state of residence), photograph, and/or other likeness for advertising, promotional, and/or trade and/or any other purpose in any and all media or format now known or hereafter devised throughout the world, in perpetuity, without limitation and without further compensation, consideration, permission or notification to entrants or any third parties; and (b) shall have no liability and will be held harmless for any liability, loss, injury or damage, including, without limitation, personal injury, death or damage to personal or real property, to entrant or any other person or entity due in whole or in part, directly or indirectly, by reason of the acceptance, possession, use or misuse of any prize (including any travel or activity related thereto) and/or ULF will not be responsible for weather conditions, Acts of God, acts of terrorism, civil disturbances, work stoppage or any other natural or man-made disaster outside their control that may cause the cancellation or postponement of any events, or travel and/or lodging provisions, if applicable, or the inability of ULF to deliver any or all of the prize items.
Additional Documentation and Releases: Each entrant acknowledges and agrees that in addition to any and all documents required by ULF to qualify the entrant as the winner, and for the winner to claim his/her/their prize items, prize sponsors, and/or other prize providers, may also require that additional waivers and releases be executed by the winner, prior to providing prize items. If any additional documentation is required, the winner must complete any and all necessary documents, the necessity of which is at the sole discretion of ULF, the earliest of, in time to utilize any prize items that are scheduled events or within 2 days following notification, as determined by ULF. These documents may include but are not limited to, any and all documents necessary to complete a background check. Failure to comply with any of these requirements may result in disqualification and the selection of an alternate winner if time permits.
Alternate Prizes: ULF reserves the right to substitute prizes for other prizes, of equal or greater value, the relative value of such prizes being determined by ULF in its sole discretion. Moreover, the entrant acknowledges and agrees that the Prize contains certain prize items that cannot be duplicated or replaced. Therefore, the entrant agrees that should, for whatever reason, and either before or after the Entry Deadline or the drawing dates, all or part of the Prize becomes, at the sole discretion of ULF, unavailable or withdrawn, and substitute prizes cannot be found, that ULF may, in its sole discretion, replace the Prize in whole or in part with a cash prize equal to, if in whole, the Fair Market Value, as defined in the Official Rules, of the Prize or, if in part, the Fair Market Value, as determined by ULF, in its sole discretion, of the part of the Prize that ULF, in its sole discretion, has determined to be unavailable.
Alternate Form of Entry: To enter the Drawing without making a donation, clearly hand-print your name, address, mailing address, daytime phone number, date of birth, social security number, and email address on a 4"x6" index card and mail it with first class postage to: ULF Drawing, ATTN: Chris Clark, 9624 Bailey Rd., Suite 290, Cornelius, NC 28031. Be sure to include a stamped, self-addressed return envelope so that ULF can send back your entry verification. Duplicate or oversized entries, copies, and other mechanical reproductions are not permitted for mail-in entries and will be disqualified from the Drawing. ULF is not responsible for illegible, lost, late, misdirected, postage due, damaged, or incomplete entries. Proof of mailing an entry is not proof of receipt.
Disqualified Winner: Anyone who ULF, in its sole discretion, deems to be in the position to create a perception of having an undue influence on the results of the Drawings, whether or not any such undue influence actually exists, is not eligible to participate and win. These Drawings are subject to all applicable federal, state, and local laws, rules, and regulations and are void where prohibited or restricted by law, rule, or regulation. If ULF, in its sole determination, disqualifies a winner, the winner will not be entitled to any refund of any kind. If the winner is disqualified for any reason, an alternate winner will be selected from the remaining entrants until such time as a qualified winner has been selected. Once a qualified winner has been selected, if ULF, in its sole determination, determines that there is not enough time for the winner to claim and receive all, or some, of the prize items, ULF may, in its sole discretion, replace all or a portion of the prize items with other prize items of similar or greater value, or with a cash payment. In no event, will any such cash payment exceed the Fair Market Value of the prize package.
Administration of Drawings: The entrant acknowledges and agrees that decisions made by ULF will be final and binding on all matters relating to these Drawings. ULF reserves the right, in its sole discretion, to modify, terminate or suspend these Drawings (or any portion thereof) should virus, bugs, unauthorized human intervention, or other causes corrupt or impair the administration, security, fairness or proper play of the Drawings (or any portion thereof) and, in the event of termination, at its sole discretion, select a winner from those eligible, non-suspect donations received prior to the event requiring such termination. ULF reserves the right, in its sole discretion, to disqualify any person and void all associated donations of any person, without any reimbursement of any kind to any such person, who it believes has tampered with the order process, or any other component of these Drawings whose conduct or actions affect the administration, integrity, security, fairness or proper conduct of these Drawings, or who is in violation of these Official Rules. ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THESE DRAWINGS IN ANY WAY, OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THESE DRAWINGS, MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, ULF AND/OR THEIR RESPECTIVE AGENTS WILL DISQUALIFY ANY SUCH ENTRANT AND RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND/OR OTHER REMEDIES FROM ANY SUCH PERSON OR PERSONS RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMISSIBLE BY LAW. In the event a winner is not selected, and ULF cancels the Drawings because of any of the foregoing reasons, ULF shall retain all donations to ULF as tax-deductible, charitable contributions to the fullest extent allowed by law.
Arbitration: As a condition of participating in these Drawings, entrant agrees that (a) any and all disputes and causes of action arising out of or connected with these Drawings, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association before an arbitrator appointed by the Charlotte, North Carolina office of the American Arbitration Association. Such arbitration shall be held and conducted in Charlotte, North Carolina, and the costs of any such arbitration shall be shared equally by both parties. However, notwithstanding the foregoing, each party shall bear its own costs of representation. The arbitrator shall have the authority to interpret these Official Rules in accordance with the laws of the State of North Carolina and to enter his/her/their decision. Moreover, in no event shall the arbitrator have any authority to consider issues or allegations, such claims being deemed waived by the entrant. Furthermore, either party may apply to the Superior Court of North Carolina to confirm the arbitrator’s decision and enter a judgment in favor of the prevailing party. Under no circumstances will the entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, or consequential damages, or any other damages, including attorneys’ fees, other than participant’s actual out-of-pocket expenses (i.e., costs associated with the entrant’s donation), and entrant waives all rights to have damages multiplied or increased. If the entrant prevails in any such arbitration, his/her/their damages shall be limited to the actual amount that he/she/they donated during the Term.
Jurisdiction: The entrant acknowledges and agrees that these Drawings are being conducted exclusively in the State of North Carolina and that all issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of the entrant, ULF, and the Released Parties, in connection with the Drawings, shall be governed by, and construed in accordance with, the substantive laws of the State of North Carolina, USA.
Location: These Drawings are being conducted in accordance with the laws of the State of North Carolina. The entrant and ULF hereby agree and confirm that all the elements of the contract created by and between these parties by these Official Rules and each party’s obligations pursuant to this contract, have been formed and will be fulfilled and discharged solely within the jurisdiction of the State of North Carolina. This Agreement is governed by and shall be construed in accordance with the laws of the State of North Carolina.
Winner Notification: The term of these Drawings (the “Term”) shall begin on June 27, 2023, and end on the date of July 20, 2023. ULF, at its sole discretion, may, without any notice, penalty, or offer of a refund, and as often as ULF, in its sole discretion, determines to be necessary, extend the Term. The winners will be selected within 30 days of the end of the Term, in Cornelius, North Carolina, and the entrant does not need to be present to win. The winners will be notified by ULF. The winners’ names may be posted on ULF’s social media channels. ULF has the right to extend the Drawings in its sole discretion.
Entry Deadline: The Entry Deadline for the Drawings is the final day of the Term. However, ULF, at its sole discretion, may, without any notice, penalty, or offer of a refund, and as often as ULF, in its sole discretion, determines to be necessary, extend the Entry Deadline.
Drawing Dates: The dates for the Drawings will be either (a) the date on which any winner is selected, or (b) a date subsequent to a winner selection date chosen in ULF’s sole discretion, and will in any event be within 30 days of the end of the Term. ULF, at its sole discretion, may, without any notice, penalty, or offer of a refund, and as often as ULF, in its sole discretion, determines it to be necessary, extend any Drawing date.
Net Proceeds: The Net Proceeds of the Drawings are defined as the proceeds from the Drawings after all prize-related expenses have been deducted. The Net Proceeds will benefit ULF.