NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED BY LAW OR REGULATION. PARTICIPANTS MUST BE AT LEAST THE AGE OF MAJORITY IN THEIR STATE AT THE TIME OF ENTRY.
- SPONSOR: The sponsor of this contest is THOMAS JAMES HOMES, LLC located at 26880 ALISO VIEJO PARKWAY, SUITE 100, ALISO VIEJO CA 92656 (“Sponsor”).
- Calling Sponsor at (877) 381-4092.
- Emailing us at firstname.lastname@example.org.
- Submitting a request through our Site at www.tjh.com/contact-us/
- ELIGIBILITY: Only legal adult residents aged 18 or older of the 50 United States, or the District of Columbia, who are the age of majority in their state of residence at the time of entry are eligible to enter. Employees, officers, and directors of Sponsor, their parent, subsidiary, affiliated or related companies, and all other entities associated with the creation, administration, promotion or fulfillment of the Sweepstakes, and each of their respective parent, subsidiary, affiliated and related companies (collectively, the “Sweepstakes Entities”), and each of their immediate family members and persons residing in the same household of such family members are not eligible to enter or win the Sweepstakes. All eligibility is subject to all federal, state, and local laws and regulations.
- SWEEPSTAKES PERIOD: The Sweepstakes begins on May 13, 2021 at 7:00 PM Pacific Time and ends on June 10, 2021 at 6:59 P.M. Pacific Time (“Sweepstakes Period”). Sponsor’s computer will be the official clock for the Sweepstakes. All Entries must be received during the Sweepstakes Period to be eligible to win a prize.
- IDENTITY OF THE ENTRANT: Any attempt by any Entrant to obtain more than the stated number of Entries by using multiple/different Addresses, identities, registrations and logins, or any other methods will void such entries and that Entrant may be disqualified in Sponsor’s sole discretion. In the event of a dispute over the identity of an Entrant, the authorized account holder of the Address submitted at time of Entry will be deemed to be the Entrant. “Authorized Account Holder” is defined as the natural person who is assigned to an Address by an entity that is responsible for assigning email addresses for the domain associated with the submitted Address. Each potential winner (individually, “Winner,” collectively “Winners”) may be required to show proof of being the Authorized Account Holder of the Address associated with the Entry. It is solely your responsibility to notify Sponsor in writing if you change your Address and/or street address. Multiple Entrants are not permitted to share the same Address.
- SELECTION, NOTIFICATION AND ANNOUNCEMENT OF THE WINNERS:
(A) Drawing. The Winner will be selected in a random drawing from among all eligible entries collected during the Entry Period taking place on or about June 10, 2021 at 7:00 PM, Pacific Time at Sponsor’s principal place of business. The drawing will be conducted by Sponsor, whose decisions and interpretations on all matters relating to the Sweepstakes and these Official Rules are final and binding in all respects. Sponsor reserves the right to disqualify any entrant or winner and may refuse to award a prize to a person who is not eligible or has violated a rule, gained unfair advantage in the Sweepstakes, or obtained winner status using fraudulent means. If there is a dispute about the identity of an Entrant, the Prize will be awarded to the natural person to whom the email address is assigned by the internet service provider responsible for the domain associated with the submitted email address. If Winner is found to be ineligible or not in compliance with Sweepstakes rules, the Winner will be disqualified and an alternate Winner will be awarded the prize in a separate random drawing.
(B) Odds. The odds of winning will depend on the number of eligible entries received, according to the eligibility requirements in the Sweepstakes. Only one winner will be selected from all of the entries received.
(C) Notification of Winner. The potential Winners will be notified on or about June 11, 2021 via email, phone or mail, at Sponsor’s sole discretion. Sponsor will not be liable for any potential prize winning notification that is lost, intercepted or not received by any potential Winner for any reason. Potential Winners may be required to sign an Affidavit of Eligibility/Liability-Publicity Release or other applicable documents.
(D) Acceptance of Prizes. If any potential Winner: (A) does not respond within five (5) business days of the first notification attempt; (B) is found to be ineligible or any reason; (C) fails to execute and return by U.S. Mail or overnight delivery service or other delivery permitted by Sponsor all Sponsor-requested documents, which Sponsor may require to be notarized (collectively, “Affidavits”) within three (3) days after transmission; (D) fails to return a prize notification, or declines a prize for any reason; or (E) fails to comply with these Rules, such potential Winner will forfeit his or her Prize and the Sponsor may, in Sponsor’s sole discretion, select an alternate Winner from all eligible Entries in a separate random drawing. The final results and Winner will be announced on the Website no later than June 18, 2021.
- PRIZES: The Prize will consist of one (1) $100 Whole Foods gift card and a 60 minute private health and wellness consultation with Shina Chen via the Zoom webconfrencing platform (the “Prize”). The Approximate Retail Value (“ARV”) of the Prize is $250.00 United States Dollars (“USD”)). Please allow a minimum of fourteen (14) days after acceptance of a Prize as described in Section 7 of these rules for delivery of prizes.
- PRIZE CONDITIONS: With respect to the Prize, Sponsor is not responsible for lost or stolen prize certificates/redemption letters. Winners are responsible for any and all local, state and federal taxes. The value of the Prize will be treated as income to the Winners and a 1099 will be issued for any Prize valued at $600.00 or more. Prizes are not transferrable. No substitution is allowed except, at Sponsor’s sole discretion, a Prize of equal or greater value may be substituted for any reason. Winner is solely responsible for scheduling their wellness consultation with Shina Chen, and providing such equipment, internet service, and the like to contact Shina Chen for the wellness consultation. In the event that a Prize component is not available for any reason, the remaining elements of the Prize will constitute full satisfaction of Sponsor’s prize obligation to Winner and no additional compensation will be awarded. The Prizes cannot be used in conjunction with any other promotion or offer. Prize elements may not be separated.
- DISQUALIFICATION/FORCE MAJEURE: Sponsor reserves the right in its sole discretion to disqualify any individual who Sponsor determines to be: (A) tampering with the entry process or the operation of the Sweepstakes, acting in violation of these Rules; (B) acting in an unsportsman-like or disruptive manner; (C) disrupting or undermining the legitimate operation of the Sweepstakes; or (D) annoying, abusing, threatening or harassing any other person. Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Sponsor reserves the right to modify, extend, suspend, or terminate the Sweepstakes if it determines, in its sole discretion, that the Sweepstakes is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Sweepstakes as contemplated in these Rules. In the event an insufficient number of eligible entries are received and/or Sponsor is prevented from awarding prizes or continuing the Sweepstakes as contemplated in these Rules by any event beyond its control (“Force Majeure Event”), including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, then Sponsor will have the right to modify, suspend, or terminate the Sweepstakes. If the Sweepstakes is terminated before the designated end date, Sponsor will (if possible) select the Winners from all eligible, non-suspect entries received as of the date of the Force Majeure Event giving rise to the termination. Inclusion in such selection process will be each entrant’s sole and exclusive remedy under such circumstances.
- PUBLICITY RELEASE: Except where prohibited by law, acceptance of any prize constitutes the Winner’s permission for the Sponsor to use Winner’s name, photograph, image, likeness, name, hometown, voice, biographical information, statements and prize information (collectively, the “Attributes”), for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter devised, in perpetuity, without further compensation or authorization and releases the Sponsor from all claims arising out of the use of such Attributes.
- DISCLAIMERS: The Sponsor will not be responsible for: (A) any late, lost, misrouted, garbled or distorted or damaged transmissions or entries; (B) telephone, electronic, hardware, software, network, Internet, or other computer- or communications-related malfunctions or failures; (C) any Sweepstakes disruptions, injuries, losses or damages caused by events beyond the control of Sponsor or by non-authorized human intervention; or (D) any printing or typographical errors in any materials associated with the Sweepstakes. ALL PRIZES ARE AWARDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY).
- GENERAL RELEASE: By entering the Sweepstakes, each Entrant, for Entrant and for Entrant’s heirs, executors, administrators, successors and assigns: (A) releases and holds harmless the Sponsor from any liability whatsoever, and waives any and all causes of action, for any claims, costs, injuries, losses, or damages of any kind arising, directly or indirectly, out of or in connection with the Sweepstakes or delivery, mis-delivery, acceptance, possession, or use of or inability to use any Prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory; (B) agrees that 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, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose; and (C) agrees to be bound by these Rules and to waive any right to claim any ambiguity or error in these Rules or in the Sweepstakes itself, and to be bound by all decisions of the Sponsor, which are binding and final.
- SOCIAL MEDIA DISCLAIMER: Entrant understands and acknowledges that though the Sweepstakes is tied to an event on Instagram Live, Facebook, Inc., and its Instagram Service (the “Instagram Parties”) are not sponsors of the Sweepstakes, are not endorsing the Sweepstakes, nor administering the Sweepstakes on behalf of Sponsor. Further, Entrants understand that the Instagram Parties are not affiliates of Sponsor. Entrant agrees, for Entrant and for Entrant’s heirs, executors, administrators, successors and assigns: to release and hold harmless the Instagram Parties from any liability whatsoever, and waives any and all causes of action, for any claims, costs, injuries, losses, or damages of any kind arising, directly or indirectly, out of or in connection with the Sweepstakes.
- DISPUTE RESOLUTION: Entrant agrees that if any dispute arises that is in any way related to the Sweepstakes or the Rules the parties will meet in person and attempt to resolve the dispute. If the dispute cannot be settled through negotiation, the parties agree to attempt to settle the dispute by non-binding mediation administered by a neutral mediator agreed to by the parties prior to resorting to litigation. The parties will cooperate to select a mediator, but if unable to do so will use JAMS for the mediation process and selection from JAMS’ panel of neutrals. The parties will participate in the mediation in good faith, and will share its mutual costs equally, and the parties’ respective out-of-pocket costs individually.
- LIMITATION OF LIABILITY:
(A) All disputes, actual or alleged claims and causes of action at law or in equity (“Claim(s)”) will be resolved individually, without resort to any form of class action.
(B) Notwithstanding anything to the contrary in these Rules, in connection with any Claims, judgments and awards, Entrant waives all rights to attorneys’ fees, punitive, incidental, special, consequential damages, and to any multiplied damages.
(C) In no event will Entrant be entitled to recover any expenses other than reasonable and actual out-of-pocket expenses.
- MISCELLANEOUS PROVISIONS:
(A) In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Rules will otherwise remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained in the Rules.
(B) All Claims arising out of or relating to this Sweepstakes, including, without limitation, the interpretation of the Rules or any prize awarded will be resolved by applying the laws of California without regard to conflict of laws, and will be solely and exclusively brought in the state or federal courts situated within Orange County, California.
- REQUESTS FOR INFORMATION. The name of the winner is available only after June 18, 2021 and before August 31, 2021. To receive the name of the winner, where permitted by law, please contact Sponsor by email with subject line: “TJH Sweepstakes Winner List Request” at email@example.com. To request a printed copy of the TJH Sweepstakes Official Rules, please contact Sponsor by email with the subject line “TJH Sweepstakes Rules Request” at firstname.lastname@example.org prior June 18, 2021. You may also request the total number of Entrants in the Sweepstakes by contacting Sponsor by email with the subject line “TJH Sweepstakes Entrant Count” any time prior to June 10, 2021 at 7:00 PM