Rules of Play

1. ELIGIBILITY

The WKU Spirit 5050 Raffles (the “Raffles”) are fundraising events conducted primarily to benefit The Western Kentucky University (WKU) Spirit (Cheer & Dance) teams. The Hilltopper Athletic Foundation (HAF), a 501(c)(3) charitable organization is the organizing entity. The Raffles are open to all persons who are legal residents of the United States and are at least eighteen (18) years of age and located in the Commonwealth of Kentucky. Employees of Western Kentucky University Athletics, cheer and dance teams members, are not eligible to participate or win a prize in these Raffles.

2. THE 50/50 CHARITABLE RAFFLE

The Hilltopper Athletic Foundation (HAF), will conduct raffles at various locations at various athletic competitions. One (1) eligible winner of each Raffle who purchased and is in receipt of raffle ticket matching winning numbers for each Raffle will receive 50% of the proceeds in the pool (less applicable taxes and other withholdings) for that raffle period. The remaining proceeds from each Raffle will go to the WKU Cheer and Dance programs. Each Participant acknowledges and agrees that the Raffles are being conducted by the HAF , in the Commonwealth of Kentucky.

3. RAFFLE TICKET SALES PERIODS

In person and electronic raffle ticket sales periods will be posted on the www.WKUSpirit5050.com. At the conclusion of raffle ticket sales, a winning ticket will be chosen. Geo-Fencing: Participant acknowledges and accepts that certain geo-fencing technology is utilized in the administration of the Raffle, that the Raffle is not operational outside of the Commonwealth of Kentucky, and further waives any claims, demands, rights, errors or omissions against HAF and/or Bump caused by said geo-fencing.

4. ELIGIBILITY

The Raffles are open only to individuals who are eighteen (18) years of age or older and who are physically present in the Commonwealth of Kentucky when making a purchase (each, a “Participant”). A Participant does not need to be present to win. The Raffles 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. All information submitted online by a Participant is subject to HAF’s Terms of Use and Privacy Policy located at www.WKUSpirit 5050.com. Participants must fully complete and submit all information requested on the online order form or the point-of-sale devices connected to the Bump 50/50 system, as applicable, to purchase raffle tickets for the Raffles. Incomplete orders are void. All order forms and other materials submitted by a Participant become the sole property of HAF and will not be returned.

5. ENTRY

All aspects of the raffle are managed using a digital platform, or software program, that has been approved by the Commonwealth of Kentucky and the Department of Charitable Gaming. In person ticket sales are also managed through the same digital platform. A Participant may purchase Raffle tickets either: (i) in person at L.T. Smith Stadium in Houchens Industries Athletic District, or Diddle Arena, via point-of-sale devices connected to the Bump 50/50 system; or (ii) online through www.WKUSpirit5050.com which is connected to the Bump 50/50 system. A Participant will be required to comply with the instructions on the website to purchase a ticket. Upon completion of the registration form, but prior to the purchase of a ticket, a Participant will be required to verify the information is complete and accurate. Each Participant acknowledges and agrees that raffle tickets purchased at www.WKUSpirit5050.com and issued for the Raffles will be electronic tickets and received by the Participant via email (the “Electronic Tickets”) and that no paper tickets will be issued to Participants who purchase online at www.WKUSpirit 5050.com. Paper tickets will be issued to Participants who purchase raffle tickets in person. The use of automated entry or similar devices to participate or subvert the order process is prohibited and all orders and tickets purchased through such devices are void. HAF and any related entities are not liable for any lost, late, misdirected, incomplete, illegible, undelivered, or destroyed raffle tickets and orders regardless of cause or person responsible including, but not limited to, any problem or technical malfunction, interrupted or unavailable network, cable, satellite, Internet Service Provider (ISP), server or other connections including those through and/or by any website. Due to postal regulations, raffle tickets cannot be returned by mail for purchases over the Internet. If you meet the eligibility requirements, you may enter the Raffles by purchasing raffle tickets in the following amount: $10 for 1 number - 5 chances, $20 for 1 number - 20 chances, $50 for 1 number 100 Chances, $100 for 1 number - 500 chances. No person is required to purchase more than one (1) raffle ticket or to pay for anything other than a raffle ticket to enter the Raffle. All raffle ticket purchases must be completed by the stated end time of the raffle. By purchasing a raffle ticket, each Participant gives his/her express permission to be contacted by HAF by email, or telephone if necessary for purposes related to the Raffles. Each Participant acknowledges and agrees that: (A) by submitting his/her raffle ticket order at www.WKUSpirit 5050.com, the Participant is making an offer to purchase raffle tickets from the HAF; (B) the HAF’s receipt of the Participant’s order does not constitute the HAF’s acceptance of the Participant’s order; (C) upon the HAF’s receipt of the Participant’s order, the Participant’s credit or debit card payment information will be transmitted to the Participant’s credit or debit card provider and await confirmation that the transaction has been authorized by the Participant’s credit or debit card provider; (D) upon receipt of a credit authorization code, the HAF will accept the Participant’s order, at which time the Participant and the HAF will be contractually bound by the Official Rules and the HAF will have received payment for the Participant’s order; (E) the HAF will then issue Electronic Ticket(s) in the name of the Participant, which will be held by the Participant’s Agent; and (F) the HAF will issue the Participant an electronic receipt in the form of an email to the email address provided by the Participant for Participant’s purchase that will provide the number for each raffle ticket entry purchased. Once the Participant’s order has been accepted by the HAF , it cannot be cancelled by the Participant. The Participant hereby acknowledges and agrees that all raffle ticket sales are final and that no refunds or exchanges will be issued. Each Participant hereby authorizes and grants the HAF an irrevocable durable limited power of attorney for the sole purpose of acting as an agent (the “Participant’s Agent”) for the Participant as an individual and all Participants as a whole. The Participant hereby authorizes and grants the Participant’s Agent an irrevocable durable limited power of attorney for the sole purpose of receiving and holding the Participant’s Electronic Ticket(s), which the Participant hereby acknowledges and agrees will be transferred and stored in electronic format. Furthermore, the Participant hereby acknowledges and agrees that the Participant’s Agent will hold both the Participant’s tickets, as well as all the tickets of all the Participants as a whole, and the Participant agrees that this does not in any way create any conflict of interest with regard to the responsibilities of the Participant’s Agent. Each Participant also hereby acknowledges and agrees that the Participant’s Agent’s responsibilities are limited to the following: (A) receiving the Participant’s Electronic Ticket(s) on behalf of the Participant; (B) holding and safeguarding the Participant’s Electronic Ticket(s), in electronic format, on behalf of the Participant, and all of the Participants as a whole; and (C) claiming the Prize on behalf of each respective winner.

6. DRAWING

One (1) winner shall be drawn at random during the game from all eligible raffle tickets purchased during the Raffle Period for each Raffle. The one (1) selected raffle ticket number for each Raffle will be displayed online at www.WKUSpirit 5050.com and will be announced via each facility’s Public Address System. The selected winning raffle ticket number for each Raffle will also be displayed on the facility’s video board if available, and any other display monitors and boards available throughout the facility.

7. ODDS/PRIZE

The odds of winning this Raffle prize depend on the number of valid raffle tickets purchased by participants. There is no limit to the number of tickets that can be sold.

8. CLAIMING A PRIZE

The potential winner of each Raffle is responsible for checking the www.WKUSpirit5050.com website to check the winning number. The potential winner must claim the Prize within thirty (30) days of the drawing. If the winner does not wish to claim the Raffle Prize but wishes to donate it to HAF , the winner shall provide HAF a written statement within the thirty (30) day period following the drawing stating that the winner wishes to donate the Raffle Prize to HAF . If a winner does not claim the Raffle Prize or donate it to HAF within thirty (30) days of the drawing, HAF shall notify the Department of Charitable Gaming and HAF shall retain the funds. A winner may not split the Raffle Prize. To be eligible to claim the Raffle Prize, the potential winner must deliver the Winning Ticket to an HAF representative at the HAF office, located at 1605 Avenue of Champions, Diddle Arena, Suite 1120, Bowling Green, KY 42101, during normal business hours, within thirty (30) days of the drawing (the "Claims Period"). Any transportation required for the potential winner to make delivery of the Winning Ticket shall be the potential winner's sole responsibility and will not be furnished or paid for by HAF . The potential winner shall be required, at the time the potential winner delivers the Winning Ticket to HAF , to provide his or her driver’s license or government issued identification showing mailing address and telephone number, to execute and deliver to HAF an affidavit of eligibility and liability/publicity release provided by HAF and in a form acceptable to HAF in its sole discretion, and to complete a W-2G tax form and present two (2) forms of identification satisfying the requirements for completion of the W-2G, including or as well as at least one (1) valid government-issued photo identification during the Claims Period. Upon presentation of the Winning Ticket to HAF during the Claims Period and verification by HAF that it bears the winner number and is the authentic Winning Ticket (with the date upon which the Winning Ticket is presented to HAF being hereinafter referred to as the "Delivery Date"), HAF will photograph the Winning Ticket and shall provide the potential winner with written verification that he or she has won the Raffle. Upon compliance with the foregoing provisions, HAF shall mail a check in payment of the Raffle Prize, less applicable fees & taxes, and other withholdings, if any, to the winner at the Mailing Address within thirty (30) days after the Delivery Date. For all the times set forth in these Official Rules, the time available online at www.WKUSpirit 5050.com shall serve as the timekeeping device of the Raffle.

9. TAXES

Each Participant acknowledges that he/she has been informed that the IRS has taken the position that amounts paid to participate in raffles are not gifts and, therefore, the price of a raffle ticket does not qualify as a deductible charitable contribution. The winner is responsible for any and all federal, state and local taxes, fees and other government assessments on the awarded prize. Furthermore, each winner acknowledges that federal law requires, and state law may require, 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 the Raffle Prize is claimed will be followed.

10. TRANSFER OF RAFFLE TICKET

Participants who purchase a raffle ticket may opt to give away their raffle ticket to other eligible persons, but in doing so the Participant waives any claim he/she might otherwise have to the prize. A Participant may not re-sell his/her raffle ticket to other parties and may not give his/her raffle ticket away to others for the purpose of allowing those other parties to re-sell such raffle ticket. Any raffle ticket that has been resold in violation of these Official Rules shall be void. All Participants 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.

11. PARTICIPANT’S GRANT OF LICENSE

By participating in a Raffle and/or receiving the Raffle Prize, each Participant hereby irrevocably and perpetually grants to HAF , its affiliates and their respective 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 his/her participating in the Raffle and/or receiving the Prize (collectively, the “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 HAF , its affiliates or its respective 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.

12. RELEASE OF LIABILITY AND INDEMNITY

By participating in the Raffles, the Participant on his/her behalf and on behalf of the Participant’s spouse, domestic partner, assigns, guardians, executors and legal representatives hereby releases, waives, discharges, covenants not to sue and indemnifies HAF , together with all of their past, present or future predecessors, successors, assigns, parent companies, subsidiaries, affiliates, related entities and persons, owners, shareholders, members, partners, directors, managers, employees, agents, consultants, contractors, representatives, sponsors and insurers from any claim or loss arising out of or related to the Participant’s participation in the Raffles, receipt of a Raffle Prize, or any exercise by HAF of any of its rights set forth herein, in KRS Chapter 238, or the regulations promulgated thereunder, or in these Official Rules, including, but not limited to, any claims related to (A) any injury to the Participant (including death) or the Participant’s property that occurs in connection with participation in the Raffles, receiving a Raffles Prize or any related activities, (B) any failure to report and pay any income taxes arising from acceptance of a Raffles Prize and (C) the Participant’s acts or the acts of any other party with respect to the Participant’s receipt of a Raffles 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.

13. GOVERNING LAW

The Raffles are governed by, and being conducted in accordance with, the laws of the Commonwealth of Kentucky without giving effect to any choice of law or conflict of law rule of any jurisdiction. Each Participant, HAF and the Participant’s Agent 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 Commonwealth of Kentucky. Each Participant agrees that: (A) any and all disputes, claims and causes of action not waived arising out of or in connection with the Raffles, or any prizes awarded, shall be resolved individually, without resorting to any form of class action; (B) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering HAF Raffles, but in no event attorneys’ fees; and (C) under no circumstances will Participant be permitted to obtain awards for, and Participant hereby waives all rights to claim, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. IN NO EVENT SHALL HAF OR ANY RELATED ENTITY BE LIABLE FOR DAMAGES THAT EXCEED THE VALUE OF THE PRIZE AWARDED TO ANY INDIVIDUAL PARTICIPANT IN THE RAFFLES.

14. DISQUALIFICATION; CHANGES

HAF reserves the right at its sole discretion to disqualify any Participant that tampers or attempts to tamper with the ticketing process or the operation of the raffles, re-sells their raffle ticket or violates these Official Rules. HAF reserves the right to, at its sole discretion, cancel, suspend and/or modify any of the Raffles or disqualify any Participant or raffle ticket for purposes of protecting the integrity of the Raffles or addressing changes in business operations or other circumstances, to the extent allowed under applicable law.

15. HAF INFORMATION; CHARITABLE GAMING LICENSE NUMBER

WKU Spirit 5050 Charitable Raffles are being conducted by the Hilltopper Athletic Foundation, a 501(c)(3) charitable organization, and the address of its offices is 1605 Avenue of Champions, Diddle Arena, Suite 1120, Bowling Green, KY 42101. The charitable gaming license number in the Commonwealth of Kentucky is ORG0000550.