Contractual Discretion-Appellate Forfeiture-Raffle Statutes

Listen to this article

WI Court of Appeals – District I

Case Name: Annette M. Flynn v. Brewers Community Foundation, Inc.

Case No.: 2026AP000233

Officials: Petrashek, J.

Focus: Contractual Discretion-Appellate Forfeiture-Raffle Statutes

Annette Flynn purchased raffle tickets at a July 7, 2023, game and undisputedly held the initially selected winning ticket. However, the raffle rules required winners to claim the prize at a designated table before the end of the top of the seventh inning. The Foundation determined that Flynn arrived too late and drew a new winner, who received the approximately $13,000 prize. Flynn and her husband sued in small claims court, seeking $10,000.

The Court of Appeals found that the raffle’s official rules constituted a binding contract between participants and the Foundation. Those rules gave the Foundation sole discretion to determine the official winner and whether a ticket was timely claimed. Because the Foundation concluded Flynn failed to claim the prize on time, the court found no genuine issue of material fact, even though Flynn challenged the Foundation’s video timeline and sought additional discovery regarding the video evidence.

The court also rejected the Flynns’ argument that the raffle rules violated Wisconsin raffle statutes, concluding the issue had been forfeited because it was not properly raised in the circuit court. The court noted that contractual discretion must still be exercised in good faith but found no evidence of bad faith here.

Affirmed.

Decided 05/19/26

Full Text