REALTOR.COM® “DOWNLOAD THE APP” SWEEPSTAKES
OFFICIAL RULES (the “Rules”)
NO PURCHASE NECESSARY. OPEN TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE 18 YEARS OF AGE AND OLDER AND WHO ARE PHYSICALLY LOCATED AND RESIDE IN THE UNITED STATES OR DISTRICT OF COLUMBIA.
VOID IN PUERTO RICO AND WHERE PROHIBITED.
1. NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
2. ELIGIBILITY: The REALTOR.com® “Download the App” Sweepstakes (the “Sweepstakes”) is open to legal residents of the fifty (50) United States and the District of Columbia who are 18 years of age and older, who are physically located and reside in the United States or District of Columbia at the time of entry ("Eligible Participant"). Void in Puerto Rico and where prohibited. Employees, directors and officers, and their immediate families (spouse, parents, children, siblings, and their respective spouses), and their respective household members, of Move Sales, Inc. (“Sponsor”), its affiliates, subsidiaries, and divisions, advertising and promotion agencies, and Tenthwave Digital LLC and all others associated with the design, execution, production, development, and promotion of this Sweepstakes or are connected to this Sweepstakes in any way are not eligible to enter.
3. SWEEPSTAKES TIMING/DESCRIPTION: The Sweepstakes begins at 12:00:01 AM Eastern Time (“ET”) on July 9, 2012 and ends at 11:59:59 PM ET on August 31, 2012 (“Promotion Period”).
4. HOW TO ENTER: There are three (3) ways to enter this Sweepstakes:
(1) By Download & Register. Visit www.REALTOR.com during the Promotion Period and download, and register as a user of, the REALTOR.com® mobile app (the “App,” or the “mobile App”). Once the App is downloaded, using your mobile device, you must register as a user of the App (from the main screen of the REALTOR.com® mobile App). Once registered, you will receive an email including a code number and a link to the Sweepstakes Entry Page (“Entry Page”). Click on that link and provide the code number included in your email; then complete and submit the online entry form including your name, email address, and your agreement to these Rules, during the Promotion Period to receive one (1) entry in the Sweepstakes.
(2) By Rating the App. To receive an additional entry in the Sweepstakes, click the check box that appears on the online entry form on the Entry Page and agree to rate the App. Entries must be received by 11:59:59 PM ET on August 31, 2012 in order to be eligible.
AS TO ENTRY METHODS 1 AND 2, ABOVE (ONLINE ENTRY): Entry via the two online methods listed above requires a compatible mobile device and is not available without a wireless connection (e.g. Wi-Fi or wireless carrier connection) and may not be available on all wireless carriers and in all areas of the U.S. Message and Data rates may apply. Check your wireless plan for details.
(3) By Mail. To enter the Sweepstakes by U. S. Mail, hand-print your name, address, city, state, ZIP code, date of birth, email address and day-time telephone number on a 3” X 5” card, and mail it, in an envelope with postage affixed, to: REALTOR.com® “Download App” Sweepstakes, P. O. Box 832, Plainview, NY 11803-0832. Mail-in entries must be postmarked by August 31, 2012, and received by September 7, 2012, in order to be eligible. By-Mail Limit: no more than one entry (i.e., 3” X 5” card) per outer envelope.
LIMIT ON TOTAL NUMBER OF ENTRIES: There is a limit of two (2) entries per email address during the Promotion Period, regardless of method(s) of entry. If more than two (2) entries are received with respect to a given email address, all but the first two will be void; this applies regardless of the method(s) of entry.
Entries that have been submitted or generated by a script, macro, bot or any other automated means will be deemed void. Entries that are mechanically reproduced, copied, illegible, incomplete, postage due, late or inaccurate are void. Incomplete entries or entries not complying with these Rules are subject to disqualification, at the Sponsor’s sole discretion. Proof of mailing does not constitute proof of delivery. Entries become the property of the Sponsor and will not be acknowledged or returned. Sponsor’s decisions are final on all matters relating to this Sweepstakes. If a dispute results as to the identity of an online entrant, Sponsor will be free to determine that the online entry was submitted by the authorized account holder of the email address associated with the entry. For these purposes, the authorized account holder is the natural person assigned to an e-mail address by an Internet access provider, on-line service provider or other organization responsible for assigning email addresses or the domain associated with the submitted email address. The promotional Website’s database clock will be the official timekeeping device for the Sweepstakes.
5. PRIZES: A total of ten (10) prizes will be available to be won and awarded in this Sweepstakes, each consisting of a $100 Gas Card (the “Prizes”). The approximate retail value of each Prize (the “ARV”) is: $100/each. The total ARV of all prizes, combined, is: $1,000. Terms and conditions related to Gas Card apply. Limit one prize per person.
All taxes and any other costs not specifically stated within these Rules are the sole responsibility of the winners. Prizes may not be transferred, substituted or redeemed for cash, except at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize of equal or greater value if advertised Prize is unavailable at the time a prize is awarded. All Prizes will be awarded, providing there are a sufficient number of eligible entries received. If a winner is 18 years of age or older but deemed a minor in his/her state or place of residence, the Prize will be awarded in the name of a parent or legal guardian.
6. DETERMINATION OF WINNERS: Ten (10) potential winners will be selected in a random drawing on or about September 10, 2012, from among all eligible (online and mail-in) entries received. The random drawing will be conducted by Tenthwave Digital LLC, an independent judging organization. Sponsor’s decisions are final on matters relating to this Sweepstakes. Potential winners will be notified by electronic mail and/or overnight or U.S. mail on or about September 10, 2012. Potential winners may be required to sign an affidavit of eligibility/liability release and where legal, a publicity release, and Federal and State tax release, or to verify their mailing address, and return any documents, properly executed, within 7 days of issuance of notification. Non-compliance within this time frame or with these Rules, or if the Prize or the Prize notification is returned as undeliverable, may result in the entrant being disqualified, and the Prize being awarded to a potential alternate winner. Allow 6-8 weeks for delivery of a Prize. Odds of winning a Prize depend upon the number of eligible entries received.
8. LIMITATION OF LIABILITY, INDEMNITY AND DISCLAIMERS:
UNDER NO CIRCUMSTANCES WILL SPONSOR OR ANY OTHER RELEASED PARTY BE LIABLE FOR ANY DAMAGES THAT IN THE AGGREGATE (REGARDLESS OF THE NUMBER OF CLAIMS OR CLAIMANTS, AND REGARDLESS OF THE TIMING OF CLAIMS) EXCEED THE VALUE OF THE PRIZES DESCRIBED IN THESE RULES, NOR FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR PUNITIVE DAMAGES, THE FOREGOING EXCLUSIONS AND LIMITATIONS BEING INTENDED TO APPLY REGARDLESS OF THE BASIS OF, OR THEORY OF RELIEF REGARDING, ANY CLAIM OR ACTION (INCLUDING, WITHOUT LIMITATION, ANY FORM OF NEGLIGENCE OR STATUTORY OR REGULATORY VIOLATION) AND REGARDLESS OF WHETHER SPONSOR OR ANY OTHER RELEASED PARTY WAS AWARE OR NOTIFIED OF THE HARM, DAMAGE OR LOSS SUFFERED OR ALLEGED.
As used in these Rules, “Released Party(ies)” means and includes, Sponsor, its advertising and/or promotion agencies, TENTHWAVE DIGITAL LLC, any person or entity in whole or in part designing, manufacturing, assembling, distributing, processing, providing, supplying, fulfilling, delivering or honoring any prize, any of the contractors, licensors or suppliers of any of the foregoing, any of the parents, subsidiaries or affiliates of any of the foregoing and any of the directors, officers, employees, agents or representatives of any of the foregoing. Any recourse you have regarding any such liability, claims, injuries, losses, harm or damages is limited solely and exclusively to the Sponsor and not to any maker or provider of any prize, not to any other Released Party nor to any other person or entity. In addition to Sponsor, any Released Party may enforce any provision of these Rules that specifically addresses a Released Party and, according to its express terms, represents an actual or potential protection or benefit for the Released Party.
YOU HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS SPONSOR AND THE OTHER RELEASED PARTIES FROM ANY CLAIMS, ACTIONS, INJURY, LOSS, LIABILITY OR DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY OR DEATH, RESULTING FROM YOUR BREACH OF THESE RULES, OTHER WRONGFUL CONDUCT, THE ACCEPTANCE, POSSESSION, OR USE OR MISUSE OF ANY PRIZE OR PARTICIPATION IN THIS SWEEPSTAKES OR IN ANY PRIZE-RELATED ACTIVITY.
YOU AGREE THAT THE RELEASED PARTIES HAVE NOT MADE NOR ARE IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION, OR GUARANTEE, WHETHER STATUTORY, EXPRESS, IMPLIED OR OTHERWISE (INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE), IN FACT OR IN LAW, RELATIVE TO THE SWEEPSTAKES OR ANY PRIZE AWARDED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, RELEASED PARTIES DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO ANY PROMOTIONAL WEB SITE AND THE RELEASED PARTIES SHALL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS RELATED THERETO.
Released Parties are not responsible for lost, late, incomplete, illegible, inaccurate, delayed, garbled, damaged, stolen or misdirected submissions, or problems of any kind, whether mechanical, human or electronic. Released Parties are not responsible for technical, hardware or software malfunctions, telephone failures of any kind, lost or unavailable network connections, inability to access a website, inability to submit an entry, or fraud, incomplete, garbled, or delayed computer transmissions or inaccurate transcription of entry information, whether caused by Sponsor, users or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error which may occur in the processing of submissions which may damage a user’s system or limit an Eligible Participant’s ability to participate in the Sweepstakes. Released Parties are not responsible for late, lost, incomplete, illegible, damaged, postage-due or misdirected entries or mail. Entry materials that have been tampered with or altered are void. Should any portion of the Sweepstakes be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness, integrity or proper play, or submission of entries, or should the Sweepstakes be unable to run as planned for any other reason, Sponsor reserves the right at its sole discretion to terminate the Sweepstakes and, if terminated, at its discretion, select the potential winner[s] in a random drawing from among all eligible, non-suspect entries received prior to action taken. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE WEBSITE OR ANY ONLINE SERVICE RELATED TO THE SWEEPSTAKES OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION. Sponsor’s failure to enforce any term of these Rules shall not constitute a waiver of such term or any other provision. Sponsor reserves the right to disqualify any entrant who violates these Rules or interferes with the Sweepstakes in any manner. If an entrant is disqualified, Sponsor reserves the right to terminate such entrant’s eligibility to participate in the Sweepstakes. Any attempt by an individual to access any website associated with the Sweepstakes via a bot script or other brute force attack or any other unauthorized means will result in that individual’s IP address becoming ineligible. Use of automated entry devices or programs is prohibited.
9. DISPUTES; GOVERNING LAW; CHOICE OF VENUE: All issues and questions concerning these Rules, including, without limitation, the construction, validity, interpretation and enforceability of these Rules, or concerning the rights and obligations of any Eligible Participant and/or of Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any conflicts of laws rules (whether of the State of California, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California. Any and all disputes, claims or actions arising out of or in connection with the Sweepstakes, or any prizes, shall be resolved individually, without resorting to any form of class action, and any judicial proceedings shall take place exclusively in a federal or state court located within Los Angeles County, California. Any right to a jury with respect to any such proceeding is hereby waived. Any and all claims, judgments, and awards shall, in addition to any limits and exclusions provided for elsewhere in these Rules, be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees or litigation, arbitration or mediation costs or expenses of any kind.
10. WINNERS’ LIST: For the names of the winners, available after September 30, 2012, mail a self-addressed, stamped envelope by September 30, 2012 to: Move Sales, Inc. - REALTOR.com® “Download the App” Sweepstakes Winners, P. O. Box 997, Plainview, NY 11803-0997.
11. SPONSOR & ADMINISTRATOR: The Sponsor of this Sweepstakes is the REALTOR.com® division of Move Sales, Inc., 910 E. Hamilton Ave., 6th Floor, Campbell, CA 95008. Administrator: Tenthwave Digital LLC, 35 Pinelawn Road, Suite 207W, Melville, NY 11747.
12. GENERAL: By participating in this Sweepstakes, each entrant agrees to release Sponsor and the other Released Parties from any and all liability, claims, injuries, losses, harm or damages of any kind caused by, resulting from or otherwise arising in connection with this Sweepstakes, participation in this Sweepstakes, the operation, administration, change or cancellation of the Sweepstakes or any acceptance, use, misuse or consequence of any prize. Sponsor reserves the right at its sole discretion (i) to modify, postpone, defer or cancel the Sweepstakes at any time and with or without notice and (ii) to disqualify any individual that tampers or attempts to tamper with the entry or winner-selection process, violates these Rules, or acts in an inappropriate or disruptive manner, or with intent to (or in effect does) annoy, abuse, disrupt, threaten or harass any person or this Sweepstakes. These Rules constitute the full and exclusive agreement relating to the Sweepstakes. In the event of any conflict between these Rules and any statement, document or communication relating to the Sweepstakes, these Rules shall prevail. Entrants may copy these Rules for the sole purpose of personal use and not for any commercial purpose whatsoever. Notwithstanding any other terms of these Rules, this Sweepstakes is VOID WHERE PROHIBITED.