“Lifting” A Helping Hand Charity Raffle

How To Enter

Entering the “Lifting” A Helping Hand Charity Raffle (the “Raffle”) requires visiting the LiftPro website at www.lliftproaz.vmgagencysites.com. Click the “WIN A FREE LIFT” tab at the top of our website.  BEFORE completing a purchase of a ticket or tickets to help our designated charity mission and following the checkout procedure therein to complete entry, a potential entrant must READ AND AGREE to the Raffle Terms and Conditions set forth below.  

 

RAFFLE TERMS AND CONDITIONS

BY PURCHASING A TICKET OR TICKETS, “ENTRANT” AGREES TO BE BOUND BY THE TERMS AND CONDITIONS (“TERMS”) STATED HEREIN.  ENTRANT UNDERSTANDS THAT THESE TERMS DO NOT CREATE ANY LEGAL RIGHT IN CONTRACT OR ANY OTHER CAUSE OF ACTION IN FAVOR OF ENTRANT OR ANY THIRD PARTY AGAINST EITHER LIFTPRO, ANY DONATING LIFT SUPPLIERS/MANUFACTURERS, OR THE CHILDREN’S CANCER FOUNDATION.   TICKET PURCHASES ARE NON-TRANSFERRABLE AND NON-REFUNDABLE. PLEASE READ ALL OF THE CORRESPONDING TERMS AND CONDITIONS BEFORE PURCHASING A TICKET OR TICKETS.

 

  1. Eligibility.  www.lliftproaz.vmgagencysites.com “Lifting” A Helping Hand Charity Raffle is open only to legal residents of the Arizona, who are at least eighteen (18) years old prior to the date of entry.  All ticket purchases by non-residents of Arizona shall be considered a direct donation to the Children’s Cancer Foundation and shall be considered void as to entry into the Raffle and shall also be non-refundable.  

 

    1. Valid Entry.  THE ONLY MEANS OF AN OBTAINING A VALID ENTRY REQUIRES THAT ENTRANT(S): 1) BE ARIZONA RESIDENTS AND AT LEAST 18 YEARS OF AGE AT THE DATE OF ENTRY; 2) READ AND AGREE TO THE RAFFLE TERMS AND CONDITIONS; 3) PAY AND FULLY COMPLETE THE CHECKOUT FIELDS AS REQUESTED; AND 3) KEEP A COPY OF THE ENTRY INFORMATION AS PROOF OF A VALID ENTRY.    

 

      1. General Regulation and Agreement.  The Raffle is subject to all applicable federal, state, and local laws and regulations and is void where prohibited. Purchasing a ticket or tickets constitutes Entrant’s full and unconditional agreement to all Terms set forth herein and to LiftPro’s decisions, which are final and binding in all matters related to the Raffle. Winning is contingent upon fulfilling all and every requirement of the Terms set forth herein.

 

  1. Sponsor and Administrator of the Raffle.  The Raffle Sponsor and Administrator is LiftPro. As determined by Sponsor in its sole discretion, Sponsor reserves the right to suspend, modify, or terminate the Raffle, or any part of it, at any time, if any fraudulent activity, technical failure(s) or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Raffle.  Sponsor reserves the right, in its sole discretion, to disqualify or make ineligible any Entrant(s) it finds to be tampering with the operation of the Raffle or to be acting in violation of the Terms provided herein or behaving in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Raffle may be a violation of criminal and/or civil law.  Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law or by alternative award in equity. Sponsor’s failure or ability to enforce any of these Terms shall not constitute a waiver of this or any other provision herein.

 

  1. Promotional Period. THE ENTRY PERIOD FOR THE RAFFLE BEGINS ON FEBRUARY 1ST, 2018 12:00 A.M. ARIZONA TIME (“AZT”) AND ENDS ON DECEMBER 26TH, 2018 AT 3:00 P.M. AZT (“PROMOTIONAL PERIOD”). Administrator’s computer is the official time-keeping device for the Raffle.

 

  1. How to Enter. Entrants shall be entered into the Raffle by: a) visiting our website at https://liftproaz.com/, b) clicking the “WIN A FREE LIFT” tab at the top of our website, c) agreeing to the Terms described herein, d) completing a purchase of a ticket or tickets to help our designated charity mission; and e) paying and fully completing the checkout fields as requested.

 

    1. Purchase Requirements and Limitations.  If Entrant(s) purchase one (1) ticket, Entrant(s) will receive one (1) entry into the Raffle, as outlined herein. Each Entrant may purchase as many tickets as they desire during the Promotional Period. Multiple entries are permitted and encouraged as the Raffle was created to benefit a charitable organization.  Each entry may share the same email address; however, use of any automated system to participate is prohibited and will result in an Entrant’s disqualification. In the event of a dispute as to any registration, the authorized account holder of the email address used to enter will be deemed to be the Entrant. The “authorized account holder” is the natural person assigned an email address by the Entrant’s internet service provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each Entrant may be required, as requested by the Sponsor and/or Administrator, to show proof of being the authorized email account holder.

 

  1. Raffle Winner Selection.  One (1) Entrant will be chosen from a random draw (the “Draw”) of entries received in accordance with these Terms and shall be considered the “Potential Winner.”  THE DRAW WILL TAKE PLACE ON DECEMBER 28TH, 2018. Odds of an Entrant being chosen as the Potential Winner depends on the number of eligible entries received by Administrator. The Potential Winner will originate from all eligible entries received during the Promotional Period, unless the Raffle is terminated early according to Section 2 (“Sponsor and Administrator of the Raffle”) above.   The Draw will be performed by a randomized process designed and governed by the Administrator.
    1. Notification Process.  The Potential Winner will be notified of their potential winning status within two (2) days of the Draw, by email and/or private message using the information provided by the Potential Winner at the time of entry.  The Potential Winner shall be required complete a “Verification” process by Sponsor, as detailed in Section 7 below, before being declared the Official Raffle Winner (the “ORW”).  Notification by Sponsor shall be deemed received by the Potential Winner at the time the email and/or private message is sent by Sponsor. The Potential Winner must acknowledge Sponsor’s notification by reply email and/or private message, including the Potential Winner’s return of any and all required information as detailed in Section 7 below, within seven (7) days of receiving such notice. The Potential Winner’s response to Sponsor’s notification shall be deemed validly received by Sponsor ONLY if Sponsor has actual receipt of the Potential Winner’s reply in the fashion requested herein.

 

  1. Raffle Prize. The ORW shall be entitled to ONE (1) PRIZE (the “Prize”), as described in this Section 6 herein. THE PRIZE SHALL CONSIST OF ONE (1) DANNMAR AUTOMOTIVE LIFT OF THE ORW’S CHOICE; HOWEVER, THE ORW SHALL BE LIMITED TO CHOOSE FROM ONLY ONE (1) OF THREE (3) AVAILABLE TYPES OF DANNMAR AUTOMOTIVE LIFTS DONATED TO THE SPONSOR.  Specifics as to the three (3) available lifts for the ORW to choose from can be found at https://liftproaz.com/product/free-car-lift-raffle/.  The Prize does not include shipping to or installation at ORW’s address or desired location.  The Prize chosen by the ORW is also subject to DANNMAR’s supply and/or availability. The risk of loss, including, but not limited to, theft, destruction, etc. of the Prize shall shift to the ORW upon being named the ORW.

 

    1. Non-Transferable, Non-Redeemable, and Substitution.  The Prize is non-transferable, is not redeemable for cash, and no substitutions will be made except as provided herein or at Sponsor’s sole discretion. Sponsor reserves the right to substitute the Prize for another of equal or greater value if the designated Prize should become unavailable for any reason. The Prize is taxable income to the ORW and the ORW will be responsible for all taxes and fees associated with Prize receipt and/or use.

 

    1. Disclaimer Warranties.  SPONSOR MAKES NO AND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, WITH RESPECT TO THE PRIZE.  SPONSOR MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY, SUITABILITY OR ADEQUACY OF THE PRIZE FOR ANY PURPOSE OR USE.

 

  1. Verification. The Potential Winner is subject to a verification process (“Verification”) by Sponsor before the Prize is awarded and shall be considered the “Potential Winner” until such Verification has been completed by Sponsor. Verification shall require the Potential Winner to: a) provide proof of entry into the Raffle as described above; and b) fully complete, sign, and return an unaltered Affidavit of Eligibility/Liability Release, unaltered, and where lawful and required by Sponsor, an unaltered Publicity Release (“Forms”) within seven (7) days after Sponsor confirms the Potential Winner’s response to notification as detailed in Section 5.1 (“Notification Process”) above.

 

    1. Failure to Pass Verification.  The Potential Winner will be deemed to have failed Verification and ineligible to receive the Prize if the Potential Winner: a) is not in compliance with the Terms described herein; b) fails to return Sponsor’s notification or if Sponsor’s notification email/private message is returned as undeliverable; c) fails to return request Forms, as detailed above, within the required number of days listed herein; d) is unable or unwilling to accept and claim the Prize as stated.

 

    1. Alternate Winner.  In the event that a Potential Winner is ineligible to receive the Prize for any reason stated in these Terms, Sponsor reserves the right, in its sole and absolute discretion, to award the Prize to an “Alternate Winner.” An Alternate Winner will be chosen, notified, and required to pass Verification in the same fashion as described in this Section 7.  

 

  1. Release. By taking receipt and/or  possession of the Prize, the ORW agrees to release and hold harmless Sponsor, and its direct and indirect subsidiaries, suppliers, distributors, advertising/promotion agencies, and the Prize suppliers/manufacturers and each of their respective parent companies and each such company’s officers, directors, employees and agents; and each of their parent, affiliated, and subsidiary companies and each of their respective officers, directors, employees, partners, agents, distributors, attorneys, dealers, representatives, shareholders, members, managers, successors and assigns (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Raffle or receipt or use or misuse of the Prize.

 

  1. Limitations of Liability. The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by Entrants, printing errors or by any of the equipment or programming associated with or utilized in the Raffle; (b) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the Raffle; (d) technical or human error which may occur in the administration of the Raffle or the processing of entries; (e) late, lost, undeliverable, damaged or stolen mail; or (f) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Raffle or receipt or use or misuse of any Prize. If for any reason an Entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Entrant’s sole remedy is another entry in the Raffle, if it is possible. If the Raffle, or any part of it, is discontinued for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the Prizes offered herein. No more than the stated number of Prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of Prizes as set forth in these Terms to be available and/or claimed, Sponsor reserves the right to award only the stated number of Prizes by a random drawing among all legitimate, un-awarded, eligible Prize claims.

 

  1. Publicity. Except where prohibited, participation in the Raffle constitutes Entrant’s consent to Sponsor’s and its agents’ use of Entrant’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media (“Content”), now known or hereinafter developed, worldwide, without further payment or consideration if Entrant becomes the ORW.  In all other cases, Sponsor shall not use Entrant’s Content for any purpose other than for the Draw to determine the ORW.

 

  1. Binding Arbitration.  ENTRANT UNDERSTANDS THAT THESE TERMS DO NOT CREATE ANY LEGAL RIGHT IN CONTRACT OR ANY OTHER CAUSE OF ACTION IN FAVOR OF ENTRANT OR ANY THIRD PARTY AGAINST EITHER SPONSOR, ANY DONATING LIFT SUPPLIERS/MANUFACTURERS, OR THE CHILDREN’S CANCER FOUNDATION.  IF AN ARIZONA COURT OF COMPETENT JURISDICTION DECIDES THAT A LEGAL CAUSE OF ACTION EXISTS IN FAVOR OF ENTRANT, ENTRANT AGREES TO SETTLE ANY SUCH DISPUTE BY BINDING ARBITRATION.

 

    1. THESE TERMS, THE RAFFLE AND ANY CAUSE OF ACTION ARISING FROM THE RAFFLE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF ARIZONA (EXCLUSIVE OF ITS CHOICE OF LAW PROVISIONS). ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE RAFFLE SHALL BE SETTLED BY FINAL AND BINDING ARBITRATION IN ACCORDANCE WITH THE RULES OF AND SHALL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION BEFORE A SINGLE ARBITRATOR, WITH THE PROCEEDINGS TO BE HELD IN PHOENIX, ARIZONA, AND, IN THE CASE OF ANY APPEAL PERMITTED UNDER THOSE RULES, EXCLUSIVE JURISDICTION AND VENUE WILL REST WITH THE FEDERAL AND STATE COURTS IN THE STATE OF ARIZONA, COUNTY OF MARICOPA.  EACH PARTY SHALL BEAR HIS/HER OWN LEGAL EXPENSES IN SUCH ARBITRATION.    

 

    1. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED.  DO NOT ENTER THIS RAFFLE IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE TERMS.

 

    1. BY PARTICIPATING IN THIS RAFFLE, EACH ENTRANT UNDERSTANDS AND AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (a) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE RAFFLE, OR THE PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (b) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (c) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (d) ENTRANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (NOT TO EXCEED TOTAL ENTRY AMOUNT GIVEN BY ENTRANT) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.

 

  1. Entrant’s Personal Information. Information collected from Entrants is subject to Sponsor’s Privacy Policy found at https://liftproaz.com/privacy-policy

Winner List. For ORW announcement, visit www.lliftproaz.vmgagencysites.com. The ORW will be posted after Winner confirmation is complete.

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