Contest OFFICIAL RULES
BY ENTERING THE CONTEST, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT
1. CONTEST PERIOD: Beazer Homes Pumpkin Carving Contest (the “Contest”)begins on 10/01/2015 at 12:00 am Eastern Time (EST) and ends at 11:59 pm EST on 10/31/2015 (the “Contest Period”). Sponsor’s computer is the official clock for the Contest.
2.ELIGIBILITY: Contest only open to residents of the 50 U.S. States or D.C., who have reached the age of majority. Employees of Sponsor and its affiliates, subsidiaries,divisions, fulfillment and advertising and promotion agencies (“ContestEntities”), real estate agents, 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. HOWTO ENTER:
METHOD OF ENTRY: NO PURCHASE NECESSARY TO ENTER OR WIN. Entrants must upload a photo of a carved Halloween pumpkin to the Beazer Homes facebook page (https://www.facebook.com/beazerhomes) with the hashtag #BeazerNashville. Upon upload of a photo with the correct hashtag, Entrants will automatically receive one entry into the Contest. Facebook is not affiliated with and does not sponsor, endorse or administer the sweepstakes
LIMITS: There is a limit of one (1) entry per person for the entire Contest Period. Allentries become the property of Sponsor and will not be acknowledged or returned.
ENTRANT DATA AND PRIVACY: Submission of the photo and any prize notification documents (“EntrantData”) constitutes your consent for Sponsor to obtain, use, and transfer yourname, address and other details for Contest administration purposes. Any Entrant Datashall be used only in a manner consistent with the consent given by entrants atthe time of entry, with these Official Rules, and with Sponsor’s OnlinePrivacy Policy, which can be found at http://www.beazer.com/terms/terms-and-conditions-privacy-policy.It is the general policy of Sponsor not to share personally identifiableinformation with third parties.
By accepting a prize, Winner consents to theuse of his/her name, biographical information, including city and state ofresidence, for promotional purposes by Sponsor, and its designees, includingbut not limited to the posting of winner’s name on the Sponsor website, in aWinners List, without additional compensation, except where prohibited by law(“Promotions”). All copyright, trademarkor other intellectual property rights in such Promotions shall be owned bySponsor or its licensors and winner hereby disclaims and waives any claim ofright to such Promotions. Such Promotions shall be solely under control ofSponsor or its licensors, and winner hereby waives any claim of control overthe Promotions content as well as any possible claims of misuse of winner’sname under contract, tort or any other theory of law.
4.PRIZES, PRIZE DRAWING, AND ODDS OF WINNING:
PRIZE JUDGING: Sponsor will judge and select one winner from all eligible entries received during the Contest Period. The judgingwill be conductedwithin 72 hours of the end of the Contest Period. Judging will beconducted by two individual design professionals based on the followingcriteria: 50% design originality; 50% skillful execution. Non-winning entrieswill not carry forward to or be included in any subsequent Contest or prizedrawings of Sponsor.
PRIZE DETAILS: Total of one (1) prize. Winner will receive one prize: a 3Doodlerv2.o 3D Printing Pen. The approximateretail value (“ARV”) of the prize is U.S. $99.00. The prize will be shipped at no expense tothe winner, to the address provided by the winner. Alternately, the prize maybe picked up at the community sales center. The winner is solely responsiblefor any taxes on the prize. The winner is responsible for confirming thecorrect ship-to address. A signature will be required at the time ofdelivery. Only one prize will be awardedper winner. 3Doodler is not affiliated with, does not sponsor and has notendorsed the Contest.
PRIZE AWARDING: Prize will be awarded, provided more thanenough entries have been received. Sponsor will not replace any lost or stolenprize. No transfers, cash awards, orprize substitutions are permitted, except by Sponsor. Sponsor reserves theright to substitute a prize with one of comparable or greater value, at itssole discretion. Prize awarded is subject to verification of eligibility andcompliance with these Official Rules. Potential winner will be notified byemail. 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 ofissuance of notification. If a potential winnercannot be contacted after a reasonable number of attempts; is ineligibleaccording to these Official Rules; fails to provide the required informationand/or return the required documents within the specified time period; if aprize or prize notification is returned as undeliverable; a potential winnerdecides to decline his/her prize for any reason whatsoever, or if a potentialwinner otherwise fails to fully comply with these Official Rules, he/she willforfeit his/her prize and the prize may be awarded to an alternate winner fromamong all remaining eligible entries received, in the Sponsor’s solediscretion. Upondisqualification, no compensation will be given. Once the required information and official paperwork are received withinthe specified time period, verified, and receive final approval by ContestEntities, then and only then will a potential Contest winner become an actualWinner. Prize will be awarded in the name of the Winner. Decisions of theSponsor are final in all respects of the Contest.
PRIZES WILL BE ACCEPTED “AS IS” WITHOUTWARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANYIMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE). ContestEntities have neither made nor are in any manner responsible or liable for anywarranty, representation or guarantee, express or implied, in fact or in law,relative to a prize, including express warranties provided exclusively by aprize manufacturer that may be sent along with a prize. The Winner will not be obligated to purchaseany other Sponsor products or services. Entrants indemnify, release and holdharmless Contest Entities from losses or damages of any kind, including withoutlimitation, death and bodily injury, resulting, in whole or in part, directlyor indirectly, from the awarding, delivery, acceptance, use, misuse, possessionof the prize resulting from participating in this Contest. Entrant acknowledgesand agrees that Sponsor has not arranged for nor carries any insurance of anykind for the benefit of Entrant or that of Entrant’s heirs, executors andadministrators relative to Entrant’s use of the prize awarded to Entrant; andthat Entrant is solely responsible for obtaining and paying for any insurancerelative to the prize awarded to Entrant.
5.CONDITIONS OF ENTRY:Contest Entities are not responsible for incorrect or inaccurate transcriptionof entry information, or for any human or printing error in these rules or anypromotional materials, technical malfunctions, lost/delayed data transmission,omission, interruption, deletion, defect, line failures of any telephonenetwork, computer equipment, software, or any other error or malfunction, orany injury or damage to participant’s or any other person’s computer related toor resulting from participation in the Contest, or for late, lost, stolen,illegible or misdirected entries. Entry materials that have been tampered withor altered are void. If, in the Sponsor’s opinion, there is any suspected oractual evidence of electronic or non-electronic tampering with any portion ofthis Contest, or if any difficulties compromise the administration, security,fairness, integrity, or proper conduct of the Contest, the Sponsor reserves theright to void any entries at issue and/or to suspend, modify or cancel, orterminate this Contest, in whole or in part, at any time without notice andaward the prizes in a random drawing from among all non-suspect eligibleentries received as of the termination date. In case of a dispute as to theowner of an entry, entry will be deemed to have been submitted by theauthorized account holder of the email address provided in the entry form. Theauthorized account holder is deemed as the natural person assigned to an emailaddress by an Internet access provider, service provider, or other organizationresponsible for assigning email addresses or the domain associated with thesubmitted 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'sreasonable control, Sponsor has the right, in its sole discretion, to terminatethe Contest. Notice of such action will be posted online at http://blog.beazer.com/. Caution: Anyattempt by a participant or any other individual to deliberately undermine thelegitimate operation of the Contest may be a violation of criminal and civillaws and should such an attempt be made, the Sponsor reserves the right to seekdamages and/or other remedies from any such person to the fullest extentpermitted by law.
6.DISPUTES: This Contest is conducted in English. Except where prohibited, all issues and questions concerning theconstruction, validity, interpretation, and enforceability of these OfficialRules, or the rights and obligations of the participant and Sponsor inconnection with this promotion, shall be governed by, and construed inaccordance with, the laws of Tennessee, without giving effect to any choice oflaw or conflict of law rules (whether of Tennessee, or any other jurisdiction),which would cause the application of the laws of any jurisdiction other than inTennessee.
BY ENTERING THE CONTEST, ENTRANT AGREES THATTO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS ANDCAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZEAWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASSACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUALTHIRD-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 OTHERDAMAGES, 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 EQUITABLERELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OFLIABILITY.
8. DISPUTE RESOLUTION: The parties each agree to finally settle all disputes only through arbitration;provided, however, the Sponsor shall be entitled to seek injunctive orequitable relief in the state and federal courts in Georgia and any other courtwith jurisdiction over the parties. In arbitration, there is no judge orjury and review is limited. The arbitrator’s decision and award is finaland binding, with limited exceptions, and judgment on the award may be enteredin any court with jurisdiction. The parties agree that, except as setforth above, any claim, suit, action or proceeding arising out of or relatingto this Contest shall be resolved solely by binding arbitration before a solearbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc.("JAMS") or any successor to JAMS. In the event JAMS isunwilling or unable to set a hearing date within fourteen (14) days of the filingof a "Demand for Arbitration", then either party can elect to havethe arbitration administered by the American Arbitration Association("AAA") or any other mutually agreeable arbitration administrationservice. If an in-person hearing is required, then it will take place inChicago, IL, Washington, DC, New York City, NY, Los Angeles, CA, Atlanta, GA orDallas, TX (whichever is closest to entrant's residence); provided, however, ifnone of these locations are convenient for the hearing, the parties maymutually agree on an alternative location. The federal or state law thatapplies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not beconsolidated with any other proceedings that involve any claims or controversyof another party, including any class actions; provided, however, if for anyreason any court or arbitrator holds that this restriction is unconscionable orunenforceable, then the agreement to arbitrate doesn’t apply and the disputemust be brought in a court of competent jurisdiction in Tennessee. Sponsor agrees to pay the administrative and arbitrator's fees in order toconduct the arbitration (but specifically excluding any travel or other costsof entrant to attend the arbitration hearing). Either party may,notwithstanding this provision, bring qualifying claims in small claims court.
9. WHOWON: For the names of the prize winners, available from 11/3/2015 to 11/15/2015,please access http://blog.beazer.com/ OR FOR NAMES OF WINNERS/AVAILABLE AFTER 11/3/2015,SEND A SELF-ADDRESSED, STAMPED, ENVELOPE, BY 11/15/2015, TO PUMPKING CARVINGCONTEST, CONTEST WINNER’S NAME REQUEST, 6455 SHILOH ROAD, SUITE A, ALPHARETTA,GA 30005.
10. SPONSOR: Beazer Homes,1000 Abernathy Rd. Suite 260, Atlanta, Georgia 30328.
11.MISCELLANEOUS:The invalidity or unenforceability of any provision of these Official Rules orthe Affidavit will not affect the validity or enforceability of any otherprovision. In the event that any provision of the Official Rules or theAffidavit is determined to be invalid or otherwise unenforceable or illegal,the other provisions will remain in effect and will be construed in accordancewith their terms as if the invalid or illegal provision were not containedherein. Sponsor’s failure to enforce any term of these Official Ruleswill not constitute a waiver of that provision. When terms such as"may" are used in these Official Rules, Sponsor has sole and absolutediscretion. Entrants agree to waive any rights to claim ambiguity ofthese Official Rules. Headings are solely for convenience of referenceand will not be deemed to affect in any manner the meaning or intent of thedocuments or any provision hereof. In the event there is a discrepancy orinconsistency between disclosures or other statements contained in any Contest-relatedmaterials, privacy policy or terms of use on the Website and/or the terms andconditions of the Official Rules, the Official Rules shall prevail, govern andcontrol and the discrepancy will be resolved in Sponsor’s sole and absolutediscretion.
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