• Summer Sales Event Sweepstakes – Official Rules & Regulations

  • BY ENTERING THE SWEEPSTAKES, YOU AGREE TO THESE OFFICIAL RULES AND TO OUR ONLINE PRIVACY POLICY, EACH OF WHICH IS A CONTRACT


    1. SWEEPSTAKES PERIOD: Summer Sales Event Sweepstakes (the “Sweepstakes”) begins on 07/11/2024 at 12:00 pm Eastern Time and ends at 11:59 am Eastern Time on 07/31/2024 (the “Sweepstakes Period”). 


    2. ELIGIBILITY: Sweepstakes is only open residents of the 50 U.S. States or D.C., who are licensed real estate agents and who have reached the age of majority. Employees of Sponsor and its affiliates, subsidiaries, divisions, fulfillment and advertising and promotion agencies (“Sweepstakes Entities”), and their immediate family members (spouse, parent, child, sibling, and their respective spouses, regardless of where they reside), and those living in the same household of each such individual, whether or not related, are not eligible to enter or win.


    3. HOW TO ENTER: 


    METHOD OF ENTRY: There is one method of Entry for this Sweepstakes. NO PURCHASE NECESSARY TO ENTER OR WIN. Upon submission and compliance all the sweepstakes’ eligibility and entry requirements, entrants will receive one Entry during the applicable Entry Period.

     

    ENTRY:


    Entrants must enter through Instagram. To enter you must have or create a public Instagram account and, if you wish to enter on your mobile device, you must have one that supports the Instagram app. Membership on Instagram is free, and Entrants are invited to follow @BeazerHomes on Instagram.


    After Entrant has established their Instagram account, Entrant must post an Instagram Reel of a tour of a Beazer home during the Summer Sales Event, July 11th, 2024 to July 31st, 2024 on Entrant’s page and tag @beazerhomes in the video. Upon completing all two requirements, Entrant will automatically receive one entry into the Sweepstakes, subject to the restrictions below.


    By entering via a third-party social network site, you are authorizing Sponsor to access, utilize and/or pre-load applicable portions of your social network site information into the entry form (although clicking on a separate button may be required to access this function, for example clicking on a “Instagram Login” button). Sponsor reserves the right, at any time and for any reason or for no reason, to disassociate any person from its social media network page/following by any means then technically available to it (for example, “blocking” your account from liking or following Sponsor account).


    Entrant acknowledges that Sponsor cannot control certain factors relating to use of the Instagram platform, including, without limitation, errors, cancellation of accounts or technical malfunctions that may affect any Entrant’s ability to enter, win, view, be advised of, be eligible for or be properly considered in the Sweepstakes. Multiple Entrants are not permitted to share the same email address or Instagram account. Any attempt by any Entrant to obtain more than the stated number of entries by using multiple/different Instagram accounts, email addresses, identities, registrations and logins, or any other methods will void that Entrant’s Entry and that Entrant may be disqualified. Each potential winner may be required to show proof of being an authorized account holder. In the event of a dispute regarding the identity of a User, a person who can demonstrate the ability to log into the applicable account with the correct username and password will be deemed the User who submitted the entry. Sponsor will message Entrant via Instagram direct message to obtain email address for verification. Instagram is not a sponsor, does not endorse, and is in no way affiliated with the sweepstakes. Entrants acknowledge that Instagram is not affiliated with the Sweepstakes and shall have no liability for the Sweepstakes and hereby releases Instagram from any lost profits, revenues, information, or data, or consequential, special, direct, indirect, exemplary, punitive, or incidental damages arising out of or related to the Sweepstakes.


    CONTENT RESTRICTIONS


    • The Entry must be an Instagram Reel of a tour of a Beazer home for sale in an active community during the Summer Sales Event, July 11th, 2024, to July 31st, 2024.
    • The Entry must contain the tag @beazerhomes in the video.


    Entrants are able to post videos, so long as each Entry is suitable for publication. Entries may not contain, as determined by the Sponsor, in its sole discretion, any content that:


    • is sexually explicit or suggestive, violent, or derogatory of any ethnicity, race, gender, religion, profession, or age group, or is profane or pornographic;
    • promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), promotes any activities that may appear unsafe or dangerous, or promotes any particular political agenda or message;
    • is obscene or offensive, or endorses any form of hate or hate group;
    • does not represent the accurate experience and opinion of the Entrant:
    • defames, misrepresents, or contains disparaging remarks about other people or companies;
    • contains any personal identification, such as personal names or e-mail addresses;
    • contains copyrighted materials owned by others and used without permission;
    • contains materials identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without permission; and/or violates any law.


    Entrants hereby grant Sponsor an irrevocable, nonexclusive, perpetual, worldwide, royalty-free license to use, display, publicly perform, modify, reproduce, publish, distribute, make derivative works of, sublicense, and otherwise exploit your Entry and all copyright or other intellectual property rights therein, in any medium now existing or hereafter developed, without separate compensation or permission. You represent and warrant that (a) you have all necessary rights to grant the above license to your Entry; (b) your Entry does not violate, misappropriate, or infringe upon any intellectual property or proprietary right of any person or entity; and (c) you have express permission from any persons (or from the parent or legal guardian, if a minor) appearing in the Entry. You will take, at Sponsor expense, any action, including execution of documents, requested by Sponsor to confirm the above license. You represent and warrant that the content is accurate; and that use of the content you supply does not violate Sponsor’s Terms and Conditions


    Entries may be reviewed by Sponsor after submission and before being posted; however, such review does not relieve Entrants from responsibility for compliance with these Rules. Sponsor may, in its sole discretion, remove, delete, and/or refuse to post Entries deemed to be inappropriate or otherwise non-compliant. Entries become the sole property of Sponsor and will not be returned. Entrants understand and agree that there will be no payment for “services provided” in connection with any materials in connection with the Sweepstakes.

    Sponsor is under no obligation whatsoever to use or publish any Entry in any manner.


    LIMITS: There is a limit of one (1) entry per person for the entire Sweepstakes Period. All Entries become the property of Sponsor and will not be acknowledged or returned.

     

    ENTRANT DATA AND PRIVACY: Submission of the Sweepstakes form and any prize notification documents (“Entrant Data”) constitutes your consent for Sponsor to obtain, use, and transfer your name, address, submitted images and videos from the Sweepstakes, and other details for Sweepstakes administration purposes and for such other purposes as set forth in Sponsor’s Online Privacy Policy, which can found on Beazer’s Privacy Policy page, and to which you agree to be bound. Any Entrant Data shall be used only in a manner consistent with the consent given by Entrants at the time of entry, with these Official Rules, and with Sponsor’s Online Privacy Policy. It is the general policy of Sponsor not to share personally identifiable information with third parties.


    By accepting a prize, Winner consents to the use of his/her name, biographical information, including city and state of residence, for promotional purposes by Sponsor, and its designees, including but not limited to the posting of winner’s name on the Sponsor website, in a Winners List, without additional compensation, except where prohibited by law (“Promotions”). All copyright, trademark or other intellectual property rights in such Promotions shall be owned by Sponsor or its licensors and winner hereby disclaims and waives any claim of right to such Promotions. Such Promotions shall be solely under control of Sponsor or its licensors, and winner hereby waives any claim of control over the Promotions content as well as any possible claims of misuse of winner’s name under contract, tort or any other theory of law.


    Note About Internet: Normal Internet access, data, and usage charges imposed by your Internet service provider may apply.


    Note About Mobile: If Entrant opts to participate in this Sweepstakes via their mobile device, standard data charges may apply for data sent or received from Entrant’s device according to the terms and conditions of Entrant’s service agreement with Entrant’s wireless carrier. Other charges may apply (such as normal airtime, data charges, and carrier charges) and may appear on Entrant’s mobile phone bill or be deducted from Entrant’s prepaid account balance. Wireless carriers’ rate plans or data plans may vary, and Entrant should contact Entrant’s wireless carrier for more information on charges relating to Entrant’s participation in this Sweepstakes. Participation in this Sweepstakes by mobile phone means that Entrant understands that Entrant may receive additional data from Sponsor relating to this Sweepstakes, including notifications to Entrant if Entrant is a potential winner in this Sweepstakes, which will be subject to the charges pursuant to Entrant’s carrier's rate plan. Cell phone/internet service may not be available in all areas. Entrant should check Entrant’s phone's capabilities for specific instructions.


    4. PRIZES, PRIZE JUDGING, AND ODDS OF WINNING: 


    PRIZE JUDGING: Five winners will be selected on the sweepstakes’ eligibility and entry requirements, and each winner shall be eligible to receive the $1,000 electronic Amazon gift card. Judging will be conducted by the Marketing Services Team within Beazer Homes based on the following criteria: Quality (40%) and Creativity (60%). In the event of a tie score, the entrant with the higher score in the Creativity category will be deemed the winner of the tie. Odds of winning depend on number of eligible entries received. Winners who entered through Instagram will be notified by a Congratulations Direct Message on their Instagram account, followed by an email. The judging will be conducted at the end of the Sweepstakes Period from all eligible entries received during the Sweepstakes Period. Non-winning entries at the end of the Sweepstakes Period will not carry forward to or be included in any subsequent sweepstakes or prize drawings of Sponsor.


    PRIZE DETAILS: Total of five (5) prizes. Winners will receive one prize: a $1,000 electronic Amazon gift card, the approximate retail value (“ARV”) of all prizes is U.S. $5,000. The prizes will be emailed at no expense to the Winners to the email address provided by the potential Winner in the response provide to the Congratulations direct message. The Winners are solely responsible for any taxes on the prize. Only one prize will be awarded per homeowner/household during the Sweepstakes Period. Amazon is not affiliated with, do not Sponsor, and have not endorsed this Sweepstakes. Please consult Amazon website http://www.amazon.com/gc-legal for Amazon Gift Card terms and conditions. 


    PRIZE AWARDING: All Prizes will be awarded, provided more than enough entries have been. Sponsor will not replace any lost or stolen prize. No transfers, cash awards, or prize substitutions are permitted, except by Sponsor. Sponsor reserves the right to substitute a prize with one of comparable or greater value, at its sole discretion. Prize awarded is subject to verification of eligibility and compliance with these Official Rules. Potential winner will be notified by email. Potential winner will be required to provide proof of their Real Estate License in order to be eligible to receive the prize. Prize winner may be required to sign an affidavit of eligibility, liability release and where legal, a publicity release (collectively, the “Affidavit”), and return same, properly executed, within seven (7) days of issuance of notification. If a potential winner cannot be contacted after a reasonable number of attempts; is ineligible according to these Official Rules; fails to provide the required information and/or return the required documents within the specified time period; if a prize or prize notification is returned as undeliverable; a potential winner decides to decline his/her prize for any reason whatsoever, or if a potential winner otherwise fails to fully comply with these Official Rules, he/she will forfeit his/her prize and the prize may be awarded to an alternate winner from among all remaining eligible entries received, in the Sponsor’s sole discretion. Upon disqualification, no compensation will be given. Once the required information and official paperwork are received within the specified time period, verified, and receive final approval by Sweepstakes Entities, then and only then will a potential Sweepstakes winner become an actual Winner. Prize will be awarded in the name of the Winner. Decisions of the Sponsor are final in all respects of the Sweepstakes. 


    PRIZES WILL BE ACCEPTED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE). Sweepstakes Entities have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to a prize, including express warranties provided exclusively by a prize manufacturer that may be sent along with a prize. The Winner will not be obligated to purchase any other Sponsor products or services. Entrants indemnify, release and hold harmless Sweepstakes Entities from losses or damages of any kind, including without limitation, death and bodily injury, resulting, in whole or in part, directly or indirectly, from the awarding, delivery, acceptance, use, misuse, possession of the prize resulting from participating in this Sweepstakes. Entrant acknowledges and agrees that Sponsor has not arranged for nor carries any insurance of any kind for the benefit of Entrant or that of Entrant’s heirs, executors and administrators relative to Entrant’s use of the prize awarded to Entrant; and that Entrant is solely responsible for obtaining and paying for any insurance relative to the prize awarded to Entrant.


    5. CONDITIONS OF ENTRY: Sweepstakes Entities are not responsible for incorrect or inaccurate transcription of entry information, or for any human or printing error in these rules or any promotional materials, technical malfunctions, lost/delayed data transmission, omission, interruption, deletion, defect, line failures of any telephone network, computer equipment, software, or any other error or malfunction, or any injury or damage to participant’s or any other person’s computer related to or resulting from participation in the Sweepstakes, or for late, lost, stolen, illegible or misdirected entries. Entry materials that have been tampered with or altered are void. If, in the Sponsor’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of this Sweepstakes, or if any difficulties compromise the administration, security, fairness, integrity, or proper conduct of the Sweepstakes, the Sponsor reserves the right to void any entries at issue and/or to suspend, modify or cancel, or terminate this Sweepstakes, in whole or in part, at any time without notice and award the prizes in a random drawing from among all non-suspect eligible entries received as of the termination date. In case of a dispute as to the owner of an entry, entry will be deemed to have been submitted by the authorized account holder of the email address provided in the entry form. The authorized account holder is deemed as the natural person assigned to an email address by an Internet access provider, service provider, or other organization responsible for assigning email addresses or the domain associated with the submitted email address. In the event of time of war, national emergency, accident, dangerous weather conditions, fire, riot, strikes, lock-outs, industrial disputes, acts of terrorism or other matters beyond the Sponsor's reasonable control, Sponsor has the right, in its sole discretion, to terminate the Sweepstakes. Notice of such action will be posted online on Beazer’s Instagram page. Caution: Any attempt by a participant or any other individual to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek damages and/or other remedies from any such person to the fullest extent permitted by law. 


    6. DISPUTES: This Sweepstakes is conducted in English. Except where prohibited, all issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of the participant and Sponsor in connection with this promotion, shall be governed by, and construed in accordance with, the laws of Georgia without giving effect to any choice of law or conflict of law rules (whether of Georgia, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than in Georgia.


    BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED FIFTY DOLLARS ($50.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) 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 NOT TO EXCEED FIFTY DOLLARS ($50.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY. 


    7. DISPUTE RESOLUTION: The parties each agree to finally settle all disputes only through arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in Georgia and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Contest shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. ("JAMS") or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a "Demand for Arbitration", then either party can elect to have the arbitration administered by the American Arbitration Association ("AAA") or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Chicago, IL, Washington, DC, New York City, NY, Los Angeles, CA, Atlanta, GA or Dallas, TX (whichever is closest to entrant's residence); provided, however, if none of these locations are convenient for the hearing, the parties may mutually agree on an alternative location. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Georgia. Sponsor agrees to pay the administrative and arbitrator's fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.


    8. WHO WON: For the names of the prize winners, available from August 12th, 2024 to August 13th, 2024, please access: https://www.instagram.com/beazerhomes/ OR FOR NAMES OF WINNERS/AVAILABLE AFTER August 14th, 2024, SEND A SELF-ADDRESSED, STAMPED, ENVELOPE, BY 10/31/2024, TO SUMMER SALES EVENT SWEEPSTAKES NAME REQUEST, 2002 Summit Blvd.,15th Floor, Brookhaven, GA 30319.


    9. SPONSOR: Beazer Homes, 2002 Summit Blvd.,15th Floor, Brookhaven, GA 30319

     

    10. MISCELLANEOUS: The invalidity or unenforceability of any provision of these Official Rules or the Affidavit will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules or the Affidavit is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. When terms such as "may" are used in these Official Rules, Sponsor has sole and absolute discretion. Entrants agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials, privacy policy or terms of use on the Website and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.