Rules

OFFICIAL RAFFLE RULES

BY PURCHASING A TICKET AND ENTERING INTO THE WILDLIFE CONSERVATION RAFFLE (THIS “RAFFLE“), YOU AGREE TO BE BOUND BY THESE OFFICIAL RAFFLE RULES (THE “OFFICIAL RULES“), WHICH ARE A BINDING CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THE OFFICIAL RULES INCLUDE CERTAIN RELEASES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES, INCLUDING A WAIVER OF YOUR RIGHT TO A TRIAL BY JURY. THIS RAFFLE IS VOID WHERE PROHIBITED BY LAW OR REGULATIONS.

REGISTRATION WITH THE STATE OF TENNESSEE

The Tennessee Wildlife Resources Foundation, Inc. (“TWRF“) was established as a 501(c)(3) nonprofit organization in 1999 to support the Tennessee Wildlife Resources Agency (“TWRA“) and to promote habitat conservation, responsible land stewardship, and the preservation of Tennessee’s hunting and fishing heritage. TWRF made application to the Tennessee Secretary of State’s office, and was subsequently authorized by the Tennessee General Assembly, to conduct this Raffle.

ELIGIBILITY

This Raffle is only open to individuals who satisfy each of the following requirements (each an “Eligible Individual“): (i) must be an individual who is a legal resident of the United States and who is a legal resident of a state where this Raffle is not void or prohibited; (ii) must be at least the age of majority in his or her State of residence at the time of entering this Raffle; (iii) must not be a TWRF or TWRA (Tennessee Wildlife Resources Agency) or Tennessee Fish and Wildlife Commission (TFWC), employee, officer, director, commissioner, nor an immediate family member of any of the foregoing; (iv) must not be an individual providing a prize or any member of the immediate family thereof, (v) must not be an employee, officer, director, agent, nor an immediate family member of any of the foregoing, of any entity providing a Prize; and (vi) must not be a person restricted from participating in the Raffle pursuant to Tenn. Code Ann. § 3-17-109. For the purposes of this section, “immediate family” means a spouse, child, step-child, brother, sister, son-in-law, daughter-in-law, parent or grandparent.

RAFFLE ENTRY START AND END DATES / HOW TO ENTER:

The entry period (the “Entry Period“) for entering this Raffle starts on May 4, 2023, and continues through 11:59 pm Central Time on August 20, 2023. Tickets will not be sold after 11:59 pm Central, August 20, 2023.

Eligible Individuals may enter this Raffle by purchasing tickets online at raffle.twrf.net during the Entry Period (each an “Entry” and collectively the “Eligible Entries“). Tickets are $20.00 each, 3 for $50, or 10 for $100. Ticket purchases can be made by Visa, MasterCard, Discover or American Express. Mail in orders are not accepted. Eligible Individuals may buy as many tickets as they wish. All sales transactions are final. No payments will be refunded unless this Raffle is canceled. Every Eligible Entry will be assigned a unique identification number, and an electronic raffle ticket representing such Eligible Entry will be emailed to such Eligible Individual confirming the Entry, at the email address submitted with the Entry. You will receive your ticket number(s) at the completion of checkout and in your confirmation email. If you do not receive a confirmation email, please be sure to check your SPAM/JUNK MAIL FOLDERS.

Only one Eligible Individual may be entered into the Raffle for each Entry (i.e., for each ticket) sold. In other words, only one name, one method of payment, and one e-mail address are permitted per Entry. If the name of more than one person is submitted with an Entry, and that ticket is selected as a winning ticket, then the person named first will be deemed the holder of record of that ticket. Division of any Prize by a group purchasing a ticket in common shall be the sole responsibility of the person named as or deemed the holder of record of that ticket, should that ticket be selected as a winner.

By submitting an Entry into this Raffle, each Eligible Individual fully and unconditionally agrees to be bound by these Official Rules and the decisions of TWRF and its appointed agents, which will be final and binding in all matters relating to this Raffle. TWRF is not responsible for incorrect or inaccurate capture of Entry information, technical malfunctions, lost or delayed data, any interrupted or unavailable network server or other connections or communications, any failed computer transmissions, software or hardware malfunctions, interruptions, defects, or failures, or any errors, omissions, interruptions or deletions of any kind due to electronic, human, mechanical, printing, production or technical errors or other causes, or for any damage to a person’s computer. Any late, incomplete, invalid, unintelligible, or illegible entries will be disqualified.

Each Entry submitted in violation of these Official Rules will be void. TWRF reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with this Raffle process or to be acting in violation of these Official Rules or in a disruptive manner.

The IRS has taken the position that amounts paid for chances in raffles, lotteries or similar drawings for valuable prizes are not gifts, and consequently, do not qualify as deductible charitable contributions.

RANDOM DRAWING / NOTIFICATION

Ten (10) potential winners (each a “Potential Winner“) from the Eligible Entries received during the Entry Period will be randomly selected in an electronic drawing (the “Drawing“) conducted by TWRF on August 22, 2023 at TWRA’s headquarters in Nashville, TN. TWRF and TWRA executive staff will be present to observe the Drawing. Odds of winning depend on the total number of Eligible Entries received during the Entry Period.

Within five (5) days following the Drawing, TWRF will attempt to contact each of the ten (10) Potential Winners selected in the Drawing (each a “Ten Winner” and collectively the “Ten Winners“) by phone or email using the contact information listed in such Ten Winner’s Entry form (the “Notification“).

Within seven (7) days of the Notification, each Ten Winner will be required to provide TWRF with each of the following (collectively the “Paperwork“):

(i) a copy of a valid driver’s license or other valid identification issued to the Ten Winner, evidencing that the Ten Winner is at least the age of majority as of the date of entry into this Raffle;

(ii) an Affidavit of Eligibility and Liability/Publicity Release, in such form as is provided by TWRF, fully signed by the Ten Winner, attesting to such Potential Winner’s eligibility and compliance with the Official Rules; and

(iii) a fully completed and signed W-9 tax form.

If any Ten Winner: (i) fails to respond to the Notification, or is unable to be contacted by TWRF using the information provided in his or her Entry (or the Notification is returned undeliverable), within seven (7) days after TWRF attempts such Notification; or (ii) declines to accept his or her Prize, or fails to select a Prize; or (iii) fails to return the properly completed Paperwork within the time designated by TWRF; or (iv) is found to be ineligible pursuant to, or fails to meet the requirements of, these Official Rules; or (v) does not comply with these Official Rules; or (vi) is ineligible to receive the Prize he or she selected; or (vii) fails to pick up his or her Prize within the allotted time set forth by TWRF, such Ten Winner and his or her Entry will be disqualified and another Ten Winner will be randomly selected from the remaining Eligible Entries received.

PRIZES

Subject to these Official Rules, only the prizes set forth below will be awarded in connection with this Raffle (each a “Prize” and collectively the “Prizes“).

The list of Prizes which are only eligible for the Ten Winners, such Prizes being allocated in accordance with the Prize Selection Procedures (as defined below), are as follows (each a “Ten Prize” and collectively the Ten Prizes“):

(a) Ford Voucher Prize – One (1) voucher in the amount of Fifty Thousand and No/100 Dollars ($50,000) that can only be applied towards the purchase price of a new Ford vehicle purchased from a Mid-South Ford authorized dealership during the 2023 calendar year. Any costs and fees associated with sales taxes, title, registration, delivery of the vehicle, or transportation to or from the dealership to purchase or pick up the vehicle is not included and shall be at the sole cost and responsibility of the applicable Top Ten Winner. The winner will be responsible for payment for any amount over $50,000, but will NOT be eligible for any cash back if the total purchase price from the dealer is less than $50,000.

(b) Boat Prize – One (1) Tracker Pro Team 175 TF w/Mercury® FourStroke 60 ELPT outboard, and matching trailer. Any costs and fees associated with sales taxes, title, registration, pickup of this Prize, or transportation to or from the location for pickup of this Prize, is not included and shall be at the sole cost and responsibility of the applicable Top Ten Winner.

(i) One (1) 2023 Tennessee Conservation Elk Tag (the “Elk Tag“) for the fall rifle elk hunt in the elk hunting zone (EHZ1) in the North Cumberland Wildlife Management Area October 14-20, 2023. The applicable Ten Winner’s use of this Prize is subject to all rules and restrictions of the TWRA including a one-time limited right to transfer the Elk Tag (cannot be transferred for monetary gain; transfer must be coordinated through TWRA prior to August 30, 2023). Other than the Elk Tag itself, the applicable Ten Winner is solely responsible for all costs and expenses associated with this Prize including, but not limited to, his or her hunting license, travel, lodging, and food costs associated with the elk hunt;

(ii) One (1) Axil Gift Certificate for $500.00;

(iii) One (1) Bergara B-14 Wilderness HMR rifle in 6.5PRC;

(iv) One (1) Hawke Optics Endurance 30 WA SF 4-16×50 rifle scope; and

(v) One (1) gift certificate for a pair of Danner hunting boots.

(vi) One (1) gift card for $500 in Realtree clothing.

(d) Camper Package Prize – One (1) Oliver Travel Trailer Legacy Elite II. Any costs and fees associated with sales taxes, title, registration, pickup of this Prize, or transportation to or from the location for pickup of this Prize, is not included and shall be at the sole cost and responsibility of the applicable Ten Winner.

(e) President’s Island Bow Hunting Package Prize – One (1) President’s Island Bow Hunting Package, which includes only the following:

(i) One (1) whitetail deer tag (the “Deer Tag“) for the TWRA President’s Island bow hunt managed by TWRA, which occurs on the following dates: (A) a single scouting day on October 19, 2023, and the hunt will take place October 20-22, 2023; and (B) a single scouting day on November 30, 2023, and the hunt will take place December 1-3, 2023. The applicable Ten Winner’s use of this Prize is subject to all rules and restrictions of TWRA. Other than the Deer Tag itself, the applicable Ten Winner is solely responsible for all costs and expenses associated with using this Prize including, but not limited to, his or her hunting license, travel, lodging, and food costs associated with the deer hunt;

(ii) One (1) Darton Toxin 100ss Crossbow;

(iii) One (1) Nap DK4 100 Grains Broadhead 3pk;

(iv) One (1) 20″ Hawk Helium Sticks 4-Pack; Helium Hammock Apex Platform; Helium Hammock Saddle;

(v) One (1) gift certificate for a pair of LaCrosse hunting boots; and

(vi) One (1) Muddy® Garage Ground Blind.

(vii) One (1) gift card for $500 in Realtree clothing.

(f) Waterfowl Hunting Package Prize – One (1) Waterfowl Hunting Package, which includes only the following:

(i) One (1) four (4) person two (2) day duck hunt with the team at Parker’s Outfitting. Meals and lodging are included. Hunting dates are Jan 27-28, 2024. The applicable Ten Winner’s use of this Prize is subject to all rules and restrictions. The applicable Ten Winner is solely responsible for all other costs and expenses associated with this Prize including, but not limited to, his or her hunting license and travel costs;

(ii) One (1) Retay Masai Mara Cerakote Timbre 12ga 3 1/2 in Semi Automatic Shotgun;

(iii) One (1) Gunner G1 Intermediate Kennel;

(iv) One (1) Realtree $500 Gift Certificate for clothing;

(v) One (1) gift certificate for a pair of LaCrosse hunting waders.

(vi) One (1) Axil Gift Certificate for $500 for a GS Digital hearing device

(g) Outdoor Adventure Package Prize – One (1) or more Academy Sports gift cards for a total value of Five Thousand Dollars ($5,000). This Prize is not redeemable for cash or credit. If the gift card(s) is lost, stolen, or altered, it cannot be replaced. This Prize is subject to the gift card terms and conditions set forth by Academy, Ltd.

(h) Turkey Hunting Package Prize – One (1) Turkey Hunting Package, which includes only the following:

(i) The applicable Ten Winner will be added as a participant in TWRF’s 2024 Governor’s One Shot Turkey Hunt in Franklin, Tennessee early April 2024. Participation in this hunting Prize is subject to TWRF’s rules and restrictions, and will include Preston Pittman as your personal hunting guide. This Prize includes an invitation for attendance by the applicable Ten Winner and a guest at the banquet at The Factory at Franklin buffet dinner. The applicable Ten Winner is solely responsible for all other costs and expenses associated with this Prize including, but not limited to, his or her hunting license, travel, lodging, and food costs associated with the turkey hunt;

(ii) One (1) TriStar Viper G2 Turkey .410 shotgun;

(iii) One (1) Axil Gift Certificate for $500.00;

(iv) One (1) $500 gift card for Realtree clothing; and

(v) One (1) gift certificate for a pair of LaCrosse boots.

(vi) One (1) Pack Rabbit Hunter’s Combo.

(vii) One (1) Collection of Preston Pittman Game Calls.

(i) Long Range Shooting Package Prize – One (1) Long Range Shooting Package, which includes only the following:

(i) One (1) Best of the West Altopo 6.5 PRC with Huskemaw Blue Diamond Series 5-20X50 Riflescope;

(ii) One (1) Axil Gift Certificate for $500.00;

(iii) One (1) SME Bullseye Camera Systems Sniper Edition 1 Mile Target Camera System; and

(j) Heritage Package Prize – One (1) Heritage Package, which includes only the following:

(i) One (1) The New Original Henry Deluxe Engraved TWRF Limited Edition .44-40 WCF Lever-Action Rifle;

(ii) One (1) Col. Littleton No. 30 Journal – Tobacco Brown American Buffalo.

(iii) Four (4) TN Lifetime Hunting Sportsmen Licenses.

All costs and expenses of any kind associated with acceptance and use of any Ten Prize that is not expressly specified herein as being provided are the sole responsibility of the applicable Ten Winner. TWRF is not responsible for any lost or stolen Ten Prizes. Ten Prizes may be subject to additional terms and restrictions as set forth by the supplier of such Prize, including, but not limited to, rules and restrictions set forth by TWRA or other entities sponsoring any hunts included with Ten Prizes.

PRIZE SELECTION PROCEDURES

Within seven (7) days of the Notification, each Ten Winner will be required to provide TWRF with a list (each a “Preference List“) ranking each of the Ten Prizes according to his or her preference from most to least desirable. Subject to the requirements and qualifications of Ten Winners set forth in these Official Rules, upon receiving the Preference Lists TWRF will allocate the Ten Prizes in accordance with the following procedures (the “Prize Selection Procedures“):

The first Top Ten Winner selected in the Drawing from the Eligible Entries will be allocated his or her top choice from his or her Preference List. Once the choice has been made, it cannot be changed.

The second Top Ten Winner selected in the Drawing from the remaining Eligible Entries will be allocated the highest ranked Top Ten Prize from his or her Preference List which remains available from the nine (9) remaining Top Ten Prizes. Once the choice has been made, it cannot be changed.

The third Top Ten Winner selected in the Drawing from the remaining Eligible Entries will be allocated the highest ranked Top Ten Prize from his or her Preference List which remains available from the eight (8) remaining Top Ten Prizes. Once the choice has been made, it cannot be changed.

The fourth Top Ten Winner selected in the Drawing from the remaining Eligible Entries will be allocated the highest ranked Top Ten Prize from his or her Preference List which remains available from the seven (7) remaining Top Ten Prizes. Once the choice has been made, it cannot be changed.

The fifth Top Ten Winner selected in the Drawing from the remaining Eligible Entries will be allocated the highest ranked Top Ten Prize from his or her Preference List which remains available from the six (6) remaining Top Ten Prizes. Once the choice has been made, it cannot be changed.

The sixth Top Ten Winner selected in the Drawing from the remaining Eligible Entries will be allocated the highest ranked Top Ten Prize from his or her Preference List which remains available from the five (5) remaining Top Ten Prizes. Once the choice has been made, it cannot be changed.

The seventh Top Ten Winner selected in the Drawing from the remaining Eligible Entries will be allocated the highest ranked Top Ten Prize from his or her Preference List which remains available from the four (4) remaining Top Ten Prizes. Once the choice has been made, it cannot be changed.

The eighth Top Ten Winner selected in the Drawing from the remaining Eligible Entries will be allocated the highest ranked Top Ten Prize from his or her Preference List which remains available from the three (3) remaining Top Ten Prizes. Once the choice has been made, it cannot be changed.

The ninth Top Ten Winner selected in the Drawing from the remaining Eligible Entries will be allocated the highest ranked Top Ten Prize from his or her Preference List which remains available from the two (2) remaining Top Ten Prizes. Once the choice has been made, it cannot be changed.

The tenth Top Ten Winner selected in the Drawing from the remaining Eligible Entries will receive the last remaining Top Ten Prize. Once the choice has been made, it cannot be changed.

CLAIMING PRIZES

Upon TWRF’s verification of: (i) the Top Ten Winner’s eligibility and compliance with these Official Rules; and (ii) verification of receipt of the properly completed Paperwork by the Top Ten Winner within the allocated time frame, TWRF will coordinate to make available the applicable Top Ten Prize; provided, however, that TWRF, in its sole discretion, shall make the final determination of the pickup date and location of each Prize.

TAXES

TWRF will issue a 1099-Misc for Prizes, to the extent required by applicable law. Each Potential Winner is responsible for any payment of all local, state and federal taxes resulting from the income attributable to the receipt of any Prize, and should consult his or her professional legal and accounting advisors regarding the tax effects of his or her respective Prize(s). It is the responsibility of each Potential Winner to determine, to his or her satisfaction, the value of his or her respective Prize(s), and the tax effect and liabilities associated with each of them, in light of his or her personal financial circumstances.

DISPUTES

These Official Rules shall be governed by and construed in accordance with the laws of the State of Tennessee, without regard to conflicts of law principles. Any legal suit, action or proceeding arising out of or related to the Raffle, any Prize awarded or used in connection with this Raffle, or these Official Rules, shall be brought in and each participant in this Raffle, including each Potential Winner, irrevocably submits himself or herself to the exclusive jurisdiction of the state and federal courts of the State of Tennessee sitting in Williamson County, Tennessee, and irrevocably agrees that all claims in respect of such action or proceeding shall be heard and determined only in and by either of the state or federal courts sitting within Williamson County, Tennessee. Furthermore, by participating in this Raffle, each such individual participating in this Raffle, including each Potential Winner, hereby irrevocably waives and agrees not to assert by way of motion, as a defense or otherwise in any such action or proceeding, any claim that such party is not personally subject to the jurisdiction of the state or federal court sitting in Williamson County, Tennessee, that such action or proceeding is brought in an inconvenient forum, that the venue of such action or proceeding is improper or that these Official Rules may not be enforced in or by such state or federal court sitting in Williamson County, Tennessee. EACH INDIVIDUAL PARTICIPATING IN THIS RAFFLE, INCLUDING EACH POTENTIAL WINNER, HEREBY WAIVES ANY RIGHT HE OR SHE MAY HAVE TO A JURY TRIAL ARISING FROM ANY DISPUTES RELATED IN ANY WAY TO THESE OFFICIAL RULES, THIS RAFFLE, OR ANY PRIZE.

LIMITATION OF LIABILITY; INDEMNIFICATION AND WAIVER; CLASS-ACTION WAIVER

By participating in this Raffle, to the maximum extent permitted by applicable law, each individual participating in this Raffle, including each Potential Winner, hereby releases, discharges, and agrees to indemnify and hold harmless TWRF, TWRA, each Prize provider, and each of their respective officers, directors, members, managers, employees, representatives, and agents from and against any and all actions, claims, losses, damages, expenses, injuries, and loss of life to any persons or property that are caused by, arise from, or are related to, directly or indirectly, the operation of or participation in this Raffle or the receipt, acceptance, possession, misuse, or use of any Prize.

By participating in this Raffle, to the maximum extent permitted by applicable law, each individual participating in this Raffle, including each Potential Winner, agrees that any and all claims, actions, demands, and causes of action (collectively “Claims“) arising out of or in any way relating to this Raffle, these Official Rules, or any Prize shall be made individually, and not as a member of a class or otherwise in any form of class action.

By participating in this Raffle, to the maximum extent permitted by applicable law, each individual participating in this Raffle, including each Potential Winner, on behalf of himself or herself, and his or her heirs, executors, administrators, successors and assigns, hereby agrees that any and all Claims, judgments, and awards arising out of or in any way relating to this Raffle, these Official Rules, or the use or misuse of any Prize shall be limited to only the actual out-of-pocket costs incurred with entering this Raffle, and in no event may any attorneys’ fees be claimed, included, or awarded.

TWRF SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THIS RAFFLE OR ANY PRIZE. TWRF’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS RAFFLE SHALL NOT EXCEED THE FUNDS RECEIVED FROM TICKET SALES IN CONNECTION WITH THIS RAFFLE.

EACH PRIZE PROVIDED IN CONNECTION WITH THIS RAFFLE IS PROVIDED “AS IS WHERE IS” AND TWRF MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, EACH OF WHICH ARE EXPRESSLY DISCLAIMED.

PUBLICITY WAIVER

By entering this Raffle, each Eligible Individual, including each Potential Winner, agrees that their names, resident city, and/or their likenesses may be disclosed to and used by the news media, in lists of Prize winners (name and city only) to be published on the TWRF or TWRA website, and may otherwise be used by TWRF or TWRA for publicity purposes, without further compensation, unless prohibited by applicable law.

CANCELLATION

TWRF reserves the right to cancel this Raffle at any time, at its discretion, as provided by Tenn. Code Ann. § 3-17-106. If for any reason the Raffle is cancelled, TWRF must reimburse the purchaser of each Raffle ticket, in the amount of the Raffle ticket purchased, within ninety (90) days of the Raffle cancellation date.

EMAIL & SMS MARKETING

By purchasing a raffle ticket, you are opting in to receive email and SMS marketing from us. You can opt out anytime by clicking the Opt Out link in the email footer or via SMS with the word STOP. You can also email us directly at info@twrf.net to request removal from our marketing campaigns.

MISCELLANEOUS

If any provision or part of these Official Rules is found by a court of competent jurisdiction to be totally or partially invalid, illegal or unenforceable, then the provision will: (i) be deemed to be modified or restricted to the extent and in the manner necessary to make it valid, legal or enforceable, or; (ii) if unable to be so modified or restricted, it will be excised from these Official Rules without affecting any other provision of these Official Rules, which will be enforced to the maximum extent provided by law as if the modified or restricted provision was originally included or as if the excised provision was originally excluded.

These Official Rules and the Paperwork constitutes the entire agreement, and supersedes all prior agreements and understandings, oral and written, between each individual participating in this Raffle, including each Potential Winner, and TWRF with respect to this Raffle.

TWRF’s interpretation and application of these Official Rules shall be final. Please contact TWRF if you have questions. You can contact us via email raffle@twrf.net or call our Raffle hotline at 615-471-6086.