Annual Drawing Official Rules

These Official Rules, Terms and Conditions (“Agreement”) describe legal requirements and restrictions for each entrant (“Entrant”) in the Drawing sponsored by the ASRT Foundation.

ASRT is a section 501(c)(6) organization, and ASRT Foundation is a section 501(c)(3) organization, and both are located at 15000 Central Ave, SE, Albuquerque, NM 87123-3909.

By participating in the Drawing, Entrant agrees to be bound by this Agreement, and all applicable federal, state, and local laws, and the decisions of ASRT and ASRT Foundation. This Agreement forms a binding legal agreement between the Parties with respect to the Drawing. ASRT reserves the right to cancel, modify, or suspend the Drawing in any way, at any time and in its sole discretion without liability.


Eligibility

No purchase, payment or financial contribution is necessary to participate in the Drawing and purchase, payment or financial contribution will not increase odds of winning. Drawing is void where prohibited or restricted by law. All federal, state and local laws and regulations apply.

1. Only current ASRT members may participate. Current member is defined as having a current ASRT member status, as determined by ASRT, at the time of entry and on the date of the Drawing. All Entrants are subject to verification by ASRT.

2. The ASRT and ASRT Foundation governing boards, officers, employees, and interns, and ASRT and ASRT Foundation professional advisors, consultants, contractors, fundraising counsel and their immediate family members and members of the households (whether related or not) of all of the foregoing are not eligible to receive entries or to win. (Definition of immediate family: mother, father, mother-in-law, father-in-law, husband, wife, spouse, partner, brothers, sisters, brothers-in-law, sisters-in-law, children and grandchildren.)

3. To be eligible to receive any prize, the winner must be at least 18 years of age. Entrants or Winners who are not the legal age of majority in their state (e.g., under 19 years of age in Alabama and Nebraska, under 21 years of age in Mississippi) must submit a completed Parental Consent Form that is signed by the Entrant’s or Winner’s parent or legal guardian. Entries submitted by minors without a fully completed parental consent form may be disqualified. If a winner is less than eighteen (18) years of age, or is eighteen (18) years of age or older but deemed a minor in his/her state or place of residence, the prize will be awarded in the name of a parent or legal guardian. All entrants must be U.S. citizens and reside within the continental United States, Alaska or Hawaii. Void where prohibited or restricted by law. All federal, state and local laws and regulations apply. No purchase or donation is necessary to enter or win. The Foundation retains the ultimate decision, in its sole discretion, as to which Entrants are eligible. The Foundation’s failure to enforce any term of these Rules shall not constitute a waiver of that term. Any person entering the Drawing covenants and agrees to be bound by this Agreement and may be required to execute and deliver such other documents the Foundation may deem appropriate. The Foundation retains the ultimate decision, in its sole discretion, as to which Entrants are eligible and reserves the right to cancel or reject any Entrants for any reason. The Foundation shall make all determinations as to whether entrants have complied with this Agreement and the decision of the Foundation is final. The Foundation’s failure to enforce any term of this Agreement shall not constitute a waiver of that term.

By participating in the Drawing, Entrant agrees to be bound by this Agreement, which is final and binding in all respects, and further agrees not to sue or assert any claim against the Foundation in connection with the Drawing; provided, that if applicable law prohibits such a covenant, release or waiver of claims, Entrant hereby waives the right to seek or accept damages in any proceeding and to reimburse the Foundation for any and all expenses or costs associated with such claim (including attorneys’ fees, court costs and the amount of any judgment or settlement).


Tickets

4. All contributions must be remitted in U.S. dollars, or with a check or credit card drawn on a U.S. bank. The amount originally contributed for an entry will not be refunded.

5. Any current member of ASRT may obtain a complimentary ticket as specified in Paragraph 8 of these Rules. ASRT Members who are current when making a contribution will receive tickets in the corresponding amounts: single contribution in the amount of $25 - $49.99 will receive 1 ticket; single contribution in the amount of $50.00 - $74.99 will receive 3 tickets; single contribution in the amount of $75.00 - $124.99 will receive 5 tickets; single contribution in the amount of $125.00 - $249.99 will receive 10 tickets; single contribution in the amount of $250.00 - $399.99 will receive 25 tickets; single contribution in the amount of $400.00 or more will receive 50 tickets. Multiple contributions cannot be aggregated.

6. The amount given for the ticket is not considered a charitable deduction (IRC Sec 170) for tax purposes.

7. There is no limit to the number of tickets that will be issued. Odds of winning will depend on the number of eligible entries received.

8. Minimum contribution for ticket is not necessary to enter or win. ASRT members may obtain information about receiving one complimentary entry ticket to win by dialing 800-444-2778. Complimentary tickets will only be processed by mail and can be transacted only during the period referenced in #10.

9. The Foundation is not responsible for lost, late or misdirected entries or for any computer-related, online, telephonic or technical malfunctions that may occur. Proof of mailing does not constitute proof of entry. Entries are void if they are in whole or in part illegible, incomplete, damaged, irregular, altered, counterfeit, produced in error or obtained through fraud or theft, as determined in the sole discretion of the Foundation. No entries other than those submitted in compliance with these Rules will be accepted. Sponsor is not responsible for any change of address, whether email or mailing, and/or telephone number of entrant.

10. Entries transacted by fax, mail, telephone, online or in person will only be accepted Monday, February 15, 2021, 8 a.m. Mountain time through Friday, May 28, 2021, 11:59 p.m. Mountain time. All entrants and entries are subject to verification by the Sponsor. The Drawing will take place in Albuquerque, New Mexico on June 11, 2021.

11. All proceeds from the Drawing, less expenses, will be applied to assist the Foundation in carrying out its mission.


Prize/Drawing Information

12. The grand prize is $3,000 cash and will be delivered to the winner via direct deposit or check.

13. Two second-place prizes of $500 cash will be awarded and delivered to the winner via direct deposit or check.

14. Eight third-place prizes of a $100 cash will be awarded and delivered to each winner via direct deposit or check.

15. Approximate Retail Value (ARV) of all the cash prizes is $4,800 Except as specifically provided herein, the prizes do not include taxes, duties, fees or any other item not specifically described in this Agreement or in the prize notification messages provided to potential winners, and all expenses for any of the foregoing are the sole responsibility of the entrant who is the prize winner. Reporting and payment of all applicable taxes, fees, and/or surcharges, if any, arising out of, or resulting from, acceptance or use of prizes, are the sole responsibility of the winners. Sponsor expressly disclaims any responsibility or liability for injury or loss to any person or property relating to the delivery and/or subsequent use of the prizes awarded. Sponsor will not be liable for or replace any lost, misdirected, misdelivered, or stolen prize items. Restrictions, conditions, and limitations apply. The inclusion and award of prizes is at the sole discretion of the Foundation and may be amended, changed or canceled at any time, without notice or communication. Prizes will be awarded to entrants solely at the discretion of the Foundation without restriction.

16. Prize substitutions will not be allowed, except at sole discretion of the Foundation. The prizes are non-transferable and non-assignable and may not be redeemed or exchanged for alternative goods or services. Any difference in prize value as a result of such substitution will not be awarded. No transfer or substitution of prizes is allowed, except in the Foundation’s sole discretion. Prizes cannot be used in conjunction with any other promotion or offer and may not be separated. The prizes may not be transferred or assigned except by Sponsor.

17. Prizes will be provided upon the receipt of all required acceptance forms by ASRT Foundation. If a winner does not accept the prize, does not return the necessary documents and/or does not agree to be bound by these terms upon being contacted by the Foundation, the prize shall be forfeited and the Foundation may award the prize to an alternate or may not award the prize to any entrant.

18. The prizes being awarded may constitute income under applicable federal, state, and local tax laws. All taxes on or in connection with prizes, and the reporting consequences thereof, are the sole and exclusive responsibility of the winner. Tax liability is based on the value of the prizes. To the extent permitted by law, each winner will be responsible for paying all local, state and federal taxes, including income tax and any such expenses relating to the prize. Each winner is responsible for providing a Social Security number and other necessary information to the Foundation for the purpose of filing a Form W-9 and Form 1099G with the Internal Revenue Service, as well as any other necessary tax documents. The fair market value of the prize is includable in the winner's gross income. All prizes will be net of any taxes Sponsor is required by law to withhold.

19. Award of the prizes will be made upon written acknowledgment of, and full compliance with, the requirements listed herein, including but not limited to, execution of any required affidavit of eligibility, release of liability, and tax-related documents, as well as any other legal, tax or regulatory documents required by the Foundation in its sole discretion. Winners must satisfy all eligibility requirements before the prizes are awarded.

RESERVATION OF RIGHTS/LIMITATION OF LIABILITY/DISCLAIMERS

20. The Foundation reserves the right to disqualify and/or deem ineligible any entrant for any violation or noncompliance with any requirement or restriction within this Agreement or any other agreement, terms associated with participation in the Drawing or for breach of this Agreement, or for tampering with the entry process.

The Foundation reserves the right, at any time, to verify the eligibility of entrants and to disqualify any entrant deemed not in compliance with this Agreement and the Foundation is not required to provide a reason for its determination. The Foundation also reserves the right to request further documentation, in its sole and absolute discretion, to verify eligibility and compliance with this Agreement.

In the event the Drawing is compromised by unauthorized human intervention, tampering or other causes beyond the control of the Foundation, that corrupts or impairs the administration, security, fairness or proper operation of the Drawing or associated prizes, or otherwise impairs the Foundation’s ability to conduct the Drawing in the manner anticipated by the Foundation, the Foundation reserves reserve the right in its sole discretion to suspend, modify, cancel or terminate an entrant and/or the Drawing.

The decision of the Foundation is final and binding on all matters relating to the Drawing and entrant waives the right to Drawing any decision by the Foundation.

The Foundation reserves the right to modify, suspend, terminate, or cancel the Drawing at any time for any reason without liability at the sole discretion of the Foundation.

The Foundation reserves the right to change or substitute prizes to be awarded to an entrant at any time prior to the conveyance of such prize at the sole discretion of the Foundation.

The Foundation is not responsible for loss, harm, damage, injury, property damage, violations of rights of publicity or privacy, personal injury and/or death, costs, or expense whatsoever (including without limitation actual attorneys’ fees and related costs) including, but not limited to, claims against the Foundation in connection with the Drawing or delivery, misdelivery, acceptance, possession, use of or inability to enter or fully compete in the Drawing, use the prize; income tax; property damage, personal injury and/or death, which may occur directly or indirectly in connection with, participation in the Drawing, or possession, acceptance and/or use or misuse of prize or participation in any Drawing-related activity, the Drawing itself , the negligence, intentional misconduct or illegal actions of entrant, as well as any actions or omissions of entrant resulting in or giving rise to, in whole or in part, any injuries or damages to person (including death or property), or exercise of any other rights granted to the Foundation by such entrant, including such rights granted pursuant to this Agreement, the actual or alleged breach of any representation or warranty made by entrant. If applicable law prohibits such a covenant, release or waiver of claims, entrant hereby waives the right to seek or accept damages in any proceeding and to reimburse the Foundation for any and all expenses or costs associated with such claim (including attorneys’ fees, court costs and the amount of any judgment or settlement).

In consideration of the ability to participate in the Drawing, the entrant agrees to indemnify and hold ASRT and the Foundation harmless from any and all liabilities, including, but not limited to, claims against ASRT and the Foundation in connection with the Drawing; income tax; illness; injury or death; and/or personal injury with respect to participation in the promotion and possession, or use of the prize(s) awarded. If applicable law prohibits such a covenant, release or waiver of claims, entrant hereby waives the right to seek or accept damages in any proceeding and to reimburse ASRT and the Foundation for any and all expenses or costs associated with such claim (including attorneys' fees, court costs and the amount of any judgment or settlement). The entrant acknowledges that he or she did not receive any representations, warranty or guarantee, express or implied, in fact or in law, relative to any prize, including but not limited to its quality, merchantability, mechanical condition or fitness for a particular purpose. The entrant knowingly releases and forever discharge ASRT and the Foundation, their officers, directors, agents and employees, acting officially or otherwise, from all liability, claims, demands, damages, expenses, actions or causes of action, resulting from his or her injury or death that may occur as a result of any benefits received as the winner or growing out of the negligence or misconduct of others; and he or she must indemnify and hold ASRT and the Foundation harmless with respect to any and all damages, claims and other expenses incurred by ASRT and the Foundation in connection with any lawsuit related to his or her actions. Any liability of ASRT and/or the Foundation shall be limited to the amount of the prize awarded and, in the case of any dispute, the Foundation's decision shall be final.

The Foundation and its designees assume no liability or responsibility for and are not responsible for damages arising out of computer hardware or software, Internet Service Provider (ISP), server, website, satellite, telephone, cable, or network malfunctions occurring in connection with Entry submissions or communications, including, without limitation, errors or difficulties which may occur in connection with the administration of the Drawing, the processing of entries, the announcement of the prizes, or in any Drawing- related materials. The Foundation and its designees are also not responsible for any incorrect or inaccurate information, whether caused by others, tampering, hacking, or by any equipment or programming associated with or utilized in the Drawing. The Foundation and its designees are not responsible or liable for injury or damage to any person or property, arising out of participation in the Drawing. The Foundation is not responsible for any actions taken by third parties in response to entrant’s participation in the Drawing.

The Foundation is not responsible for, and hereby disclaims, any injury or damage to any entrant related to or resulting from participating in the Drawing except arising from the Foundation’s and/or ASRT’s gross negligence or willful misconduct

The entrant assumes sole responsibility for participation in the Drawing.

IN NO EVENT WILL THE FOUNDATION BE RESPONSIBLE OR LIABLE FOR ANY LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF ANY ACCESS TO OR USE OF THE WEBSITE OR THE DOWLOADING FROM, UPLOADING TO, AND/OR PRINTING MATERIAL DOWNLOADED FROM THE WEBSITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITE IS PROVIDED “AS-IS, WHERE-IS, WITH ALL FAULTS”; WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND WITH NO GUARANTEE THAT THE WEBSITE WILL BE ERROR FREE OR THAT ANY ERRORS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW OR MAY LIMIT THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

Entrant has read, understands and consents to this release and waiver of their legal rights.

21. Foundation assumes no responsibility for incomplete entries, which will be deemed void. All decisions regarding the validity of any entry, for any reason, are in the sole, final discretion of the Foundation. If for any reason, the Drawing cannot be conducted as planned by reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, epidemics, pandemics, quarantine, acts of God, or any other causes beyond the control of the Foundation, or any other causes which the Foundation, in its sole opinion, corrupt or affect the administration, security, fairness, integrity or proper conduct of the Drawing, the Foundation reserves the right in its sole discretion to cancel, terminate, modify or suspend the Drawing and, if terminated, award prize from among all eligible entries received as of the date of termination or as otherwise may be deemed fair and equitable by the Foundation. The Foundation is not responsible for any technical, computer, telephone, cable, network, satellite, electronic or internet hardware or software malfunctions, failures, connections, or availability, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, corrupted, garbled, jumbled, lost, stolen, misdirected, undelivered or delayed electronic communications, whether caused by the sender or by any of the equipment or programming associated with, or used in entering or conducting the Drawing, or by any human error which may occur in the transmission or processing of the entries in this Drawing. The Foundation assumes no responsibility for service provider/internet/website/usenet accessibility or availability, traffic congestion, or unauthorized human intervention, or the failed, incorrect or inaccurate capture of entry information. The Foundation assumes no responsibility for damage caused by computer virus or otherwise to any computer resulting from Entrant's access of the Foundation's website or participation in the Drawing. The Foundation is not responsible for any incorrect or inaccurate information, whether caused by website users, tampering, hacking, or by any of the equipment or programming associated with or used in the Drawing and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the website. The Foundation is not liable for unauthorized human intervention in any part of the entry process or the Drawing; printing, typographical, technical, computer, network or human error which may occur in the administration of the Drawing; the uploading, processing or drawing of entries, the announcement of the prizes or in any related materials; late, lost, misdirected, undeliverable, damaged or stolen mail; entrant’s participation in or attempt to participate in the Drawing or ability or inability to upload, download or otherwise access or transmit any information in connection with participating in the Drawing; or receipt or use or misuse of prizes awarded; or any typographical or other error in the printing of these Rules or any materials associated with the administration of the Drawing or the announcement of the prizes. All internet access and usage charges are the responsibility of the Entrant. The Foundation is not responsible for, and hereby disclaims, any injury or damage to any Entrant's or any other person's computer or phone related to or resulting from participating in this Drawing or downloading materials from or use of the website.

ANY ATTEMPT BY AN ENTRANT OR OTHER PERSON TO UNDERMINE THE LEGITIMATE OPERATION OF THE DRAWING IS A VIOLATION OF CRIMINAL AND CIVIL LAW, AND THE FOUNDATION AND ITS AGENTS RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Persons who tamper with or abuse any aspect of this Drawing or who are in violation of this Agreement, as solely determined by the Foundation, will be terminated from the Drawing.

If any provision of the Agreement, or any portion thereof, is held to be invalid and unenforceable, then the remainder of the Agreement shall nevertheless remain in full force and effect.

The Foundation’s failure or delay in exercising rights under this Agreement shall not operate as a waiver of those rights or constitute a waiver of any prior, concurrent, or subsequent breach.24. The decision of the Foundation shall be final and binding on any and all matters concerning the Drawing, the Drawing, and eligibility. The Foundation reserves the right to cancel, modify or suspend the Drawing in its sole discretion. The Foundation's failure to enforce any term of these Rules shall not constitute a waiver of that term.

22. Winning tickets will be drawn on June 11, 2021, (draw date) at the ASRT Foundation. Announcement of winning ticket numbers will include winner's name, city, and state as listed in the winner's ASRT membership record. You do not have to be present to win. Limit one prize per ASRT member, immediate family and household. Winners must satisfy all eligibility requirements before they are awarded any prize.

23. Failure to accept the prize awarded will cause the prize to be forfeited to a newly drawn ticket holder.

24. The grand prize winner does not have the option to select the second or third place prize. The second place prize winner does not have the option to select the third place prize. The third place winner will not be offered the grand or second place prize if they are forfeited.

25. All winners will be notified in writing or by phone of the prize won and the requisite procedure to claim the prize. The winners will have ten (10) business days from the draw date to inform the Foundation of their choice to take the prize; otherwise, the Foundation will draw a new ticket. If the Foundation is unable to contact or locate a selected winner within ten (10) business days of the draw date, the prize will be deemed to have been forfeited. All contact attempts shall be made to the email address and phone number provided in the entrant's ASRT membership record. If the winner does not return release and acknowledgement forms required by the Foundation within thirty (30) days of the draw date, the prize will also be deemed to have been forfeited. A forfeited prize may be awarded to an alternate winner.

26. Arrangements for delivery of the three prizes will be made between the respective winners and the Foundation after the winners are notified. Winners must satisfy all eligibility requirements before the prize is awarded.

27. This Drawing is governed by the laws of the State of New Mexico, with venue in Bernalillo County, New Mexico, and all claims must be resolved in the federal or state courts located in Bernalillo County, New Mexico. By entering and/or participating in this Drawing, Entrant signifies his or her knowledge of and agreement to be bound by the most current version of these Rules. All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, or the rights and obligations of Entrant, shall be governed by and construed exclusively in accordance with the laws of the State of New Mexico without giving effect to any principles of conflicts of law in any jurisdiction. Entrant agrees that any action at law or in equity arising out of or relating to this Drawing shall be filed only in the state or federal courts located in Bernalillo County in the State of New Mexico, and Entrant hereby consents and submits to the personal jurisdiction of such courts for the purposes of litigating any such action.

28. In accepting the prize, the winner consents to having his or her name, address (city and state), likeness, biographical data and/or photograph published and used in a variety of media, including, but not limited to, exhibits, advertising publications, the World Wide Web, marketing materials, publicity, promotion, editorial or illustration or for any other purpose that the Foundation deems appropriate, without compensation and without further notice or approval. The winner further grants to the Foundation the unconditional, unlimited, irrevocable, perpetual, royalty-free, nonexclusive, transferable right to publish, display, broadcast, reproduce, use, sublicense (through multiple tiers), adapt, edit and/or modify, and create derivative works from, winner's name, biographical information, likeness, and photograph, in any and all media whether now or hereafter known, without limitation and for any purpose (including commercial purposes, advertising, publicity, fundraising, promotion and sales), and without consideration to the winner and without further consent, compensation or approval. Each winner permanently waives in favor of the Foundation their Moral Rights in the entry and publication of winning under the U.S. Copyright laws. Winners are not guaranteed to appear in any Foundation communication, and Foundation shall not incur any liability to the extent it chooses to refrain from using such information. Winner agrees to sign a liability/publicity release. Winners are not guaranteed to appear in any communication of the Foundation and the Foundation shall not incur any liability to the extent that the Foundation chooses to refrain from using or publicizing a winner’s name. To the extent permissible under state and federal law, neither the Foundation nor its agents, representatives, affiliates, successors and assigns shall be responsible for any damage or injury to winner, his or her agents, affiliates or representatives incurred by reason of the Foundation’s or its agent’s use of winner’s name, voice, signature, photograph, likeness, image, persona or personality, and winner hereby expressly releases and holds the Foundation, ASRT and its agents, representatives, affiliates, successors and assigns harmless from such liability, including but not limited to, any and all claims based on libel, slander, invasion of the right of privacy, misappropriation of name or likeness, or violation of the right of publicity.

29. Except where prohibited by law, the Foundation reserves the right to share Entrant information in accordance with the Privacy Policy, if any, applicable to the Drawing, and if there is no applicable policy, then in accordance with ASRT's Privacy Policy.

30. Winning ticket numbers will be posted on foundation.asrt.org by June 25, 2021. Winners' names will be published by July 31, 2021.


Sponsor and Administrator

ASRT Foundation
15000 Central Ave. SE
Albuquerque, NM 87123-3909