MERCER CROSSING CAR GIVEAWAY
(the “SWEEPSTAKES”)

OFFICIAL RULES

YOU HAVE NOT WON ANYTHING YET.
 
SWEEPSTAKES IS OPEN ONLY TO ACTIVE, LICENSED TEXAS REALTORS® AGE 21 OR OLDER WHO ARE U.S. RESIDENTS.  MUST BE PRESENT TO WIN. ODDS OF WINNING DEPEND ON THE NUMBER OF ENTRIES RECEIVED. ALL FEDERAL, STATE, AND LOCAL LAWS APPLY.  VOID WHERE PROHIBITED.

NO PURCHASE NECESSARY TO ENTER OR WIN.  A PURCHASE WILL NOT INCREASE YOUR ODDS OF WINNING.

  1. Eligibility. Subject to verification and the additional restrictions listed in this Official Rules, the Sweepstakes is open only to all active, licensed Texas Realtors® age 21 or older who are U.S. residents. You MUST be present at the Event (as further defined herein) in order to claim if you are drawn as the provisional winner.  Employees, temporary employees, independent contractors and interns of Sponsor, their respective affiliated companies, advertising and promotional agencies (the “Sweepstakes Providers”) and the immediate family members of, and any persons living with, any such person are not eligible to enter or to win.  The term “immediate family members” includes spouses, parents, grandparents, siblings, children, and grandchildren, regardless of where they live.
  2. How To Enter. To enter, you must be present at the Mercer Crossing Grand Opening Event (“Event”) and submit a business card for identification purposes to the Sponsor’s sweepstakes administrator containing your own name (first and last), address, phone number and email address.  If you are randomly selected as the provisional winner, you must be physically present at the time of the drawing in order to claim the prize.  Weather permitting, the Event and Sweepstakes shall take place at the Mercer Crossing community located at 1660 Ashington Trail, Farmers Branch, TX 75234 on or about Tuesday, May 8, 2018 from 5pm-7pm Central Standard Time (the “Sweepstakes Period”).
  3. Winner Selection and Odds. One (1) provisional winner will be chosen in a random drawing on or about Tuesday, May 8, 2018 by the Sponsor or its representative from among all eligible entries received during the Sweepstakes Period.  Odds of winning depend on the number of eligible entries received.
  4. Prize Description. Subject to verification of eligibility and compliance with these Official Rules, one (1) individual will receive a Hyundai Kona. The Approximate Retail Value (ARV’’) of the Prize is:

$20,000.  The ARV is an approximate estimate of the retail value of the prize as of the start date of the sweepstakes. The actual value of the prize will be the then current retail value at the time the prize is fulfilled. Prize does not include any applicable taxes, title, license or an appropriate car insurance policy.

  1. Winner Notification and Acceptance. Sponsor will attempt to notify the provisional winner on Tuesday, May 8, 2018 in person during the drawing.  In order to claim the Prize, provisional winner must be physically present at the Event to respond to Sponsor’s notification and will be required to complete an affidavit of eligibility and liability/publicity release (“Release”) which must be executed and returned to Sponsor within 30 days of notification.

Sponsor’s inability to reach the provisional winner and/or provisional winner’s failure to timely respond to notification at the Event, to timely claim the prize, or to comply with any term or condition of these Official Rules may, in Sponsor’s sole discretion, result in the provisional winner’s disqualification, the forfeiture of his or her interest in the Prize, and the selection of a substitute provisional winner in a random drawing from among all remaining eligible entries.  Sponsor will conduct 1 alternate drawing, after which, if a qualified winner cannot be found the Prize will remain un-awarded.  

AN INDIVDUAL IS NOT A WINNER OF THE PRIZE UNLESS AND UNTIL SPONSOR HAS COMPLETED ITS VERIFICATION OF THE INDIVIDUAL’S ELIGIBILITY. 

Provisional winner will be named the official winner (“Winner”) upon Sponsor’s verification of provisional winner’s eligibility, including submission of a W-9, verification of residency, realtor license, receipt of an executed Release, and proof of insurance.

A Winner may waive the right to receive the Prize.  The Prize is non-assignable and non-transferable and cannot be redeemed for cash.  No substitutions allowed by Winner.  The Prize is subject to availability.  Sponsor reserves the right to substitute a prize of equal or greater value for the Prize. Winner is solely responsible for payment of any taxes on the actual value of Prize and for the payment of any title, registration and insurance costs associated with the Prize vehicle. Winner will be required to provide his/her valid Social Security Number to Sponsor for tax reporting purposes and/or complete an IRS W-9 form in order to claim the Prize.  Winner is solely responsible for all federal, state and local taxes on prize is actual value and, as applicable, will be issued an IRS Form 1099 based on the prize value determined by Sponsor.  If the Prize is not won and claimed by an eligible winner in accordance with these Official Rules, it will not be awarded and will remain the property of Sponsor.

  1. Use of Sweepstakes Information; Releases. By entering the Sweepstakes, you agree that the Sweepstakes Providers may use your name, likeness, statements and entry information for any publicity or other purpose in any media without limitation or compensation to you. By entering the Sweepstakes, you also agree to release and hold harmless the Sweepstakes Providers and their respective directors, officers, employees, agents and representatives from any claims, liabilities, losses or damages of any kind arising from or in connection with the Sweepstakes or any prize won.
  2. Conduct. By entering the Sweepstakes, Participants agree to be bound by these Official Rules. Participants further agree to be bound by the decisions of the Sweepstakes Providers, which shall be final and binding in all respects. Sweepstakes Providers reserve the right, at their sole discretion, to disqualify any individual they find to be tampering with the entry process, interfering with the ability of others to participate in the Sweepstakes, or to be acting in violation of the Official Rules.

CAUTION: ANY ATTEMPT BY A PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SWEEPSTAKES PROVIDERS RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PARTICIPANT TO THE FULLEST EXTENT PERMITTED BY LAW.

  1. Limitations of Liability. BY PARTICIPATING IN THE SWEEPSTAKES, PARTICIPANTS ACKNOWLEDGE AND AGREE THAT EVERYTHING REGARDING THIS SWEEPSTAKES, INCLUDING THE PRIZE(S), ARE PROVIDED “AS IS” AND THAT SWEEPSTAKES PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE PRIZE(S) AND HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE RELEASED PARTIES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.)

THE SWEEPSTAKES PROVIDERS ARE NOT RESPONSIBLE FOR: (1) ANY INCORRECT OR INACCURATE INFORMATION, WHETHER CAUSED BY PARTICIPANTS, PRINTING OR PRODUCTION ERRORS, OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR EMPLOYED IN THE SWEEPSTAKES; (2) TECHNICAL FAILURES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO MALFUNCTIONS, INTERRUPTIONS, OR DISCONNECTIONS IN PHONE LINES OR NETWORK HARDWARE OR SOFTWARE; (3) UNAUTHORIZED HUMAN INTERVENTION IN ANY PART OF THE ENTRY PROCESS OR THE SWEEPSTAKES; (4) TECHNICAL OR HUMAN ERROR WHICH MAY OCCUR IN THE ADMINISTRATION OF THE SWEEPSTAKES OR THE PROCESSING OF ENTRIES; OR (5) ANY INJURY OR DAMAGE TO PERSONS OR PROPERTY WHICH MAY BE CAUSED, DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, FROM A PARTICIPANT’S PARTICIPATION IN THE SWEEPSTAKES OR RECEIPT OR USE OR MISUSE OF ANY PRIZE.

Only one (1) Prize is available to be won in the Sweepstakes.  In the event that production, technical, seeding, programming, or any other reasons cause more than one person to claim the Prize offered, Sponsor reserves the right to award only a single prize by a random drawing among all legitimate eligible prize claimants as determined by Sponsor in its sole discretion. 

 

Arbitration/Choice of Law. Except where prohibited, entrants agree that any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes shall be resolved exclusively by arbitration pursuant to the rules of the American Arbitration Association then effective, and any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred by entrant with regard to this Sweepstakes, but in no event attorneys’ fees, punitive, incidental, consequential or other damages.  All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrants and sponsors in connection with the Sweepstakes shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any choice of law or conflict of law rules or provisions (whether of New York or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than New York.  New York County shall be the exclusive forum for any dispute relating to these Official Rules and/or this Sweepstakes.  All participants and winners agree, by their participation in the Sweepstakes, to submit to personal jurisdiction in New York County.  The invalidity or unenforceability of any provision of these Official Rules shall not affect the invalidity or unenforceability of any other provision so long as the general intent of these Official Rules remains in effect.  In the event that any such provision is determined to be invalid or otherwise unenforceable, these Official Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein.

 

  1. Rules/Winners List. Official Rules and the name of the winner may be obtained by sending a self-addressed, stamped #10 envelope to 1800 Valley View Lane, Ste 400, Farmers Branch, 75234. Indicate “Mercer Crossing Car Giveaway Winner’s List" on the outside of the envelope, as applicable. Limit one (1) request per envelope. The request must include the name of the Sweepstakes. Winners list will be available five (5) days after the winners are confirmed. Questions regarding this Sweepstakes may be addressed to:  The Marketing Department, 1800 Valley View Lane, Ste 400, Farmers Branch, 75234.
  2. Intellectual Property. The Sweepstakes and all of the related content are copyright the Megatel Group. The names, logos, and icons identifying the products and services of Sponsor are proprietary marks of the Megatel Group. The Prize and its logos, names, icons identifying the Prize are not affiliated with and does not sponsor or endorse the services of Sponsor. Copying or unauthorized use of any copyrighted material or trademarks without the express written consent of its owner is strictly prohibited.
  3. Construction. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any such provision is determined to be invalid or otherwise unenforceable, these Official Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein.
  4. Sponsor. Megatel-C90-1,LLC, 1800 Valley View Lane, Ste 400, Farmers Branch, TX 75234.