THE GRAY POINT HOMES “NEW HOME JACKPOT” PROMOTION

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.

ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT. 

The Gray Point Homes “New Home Jackpot” Promotion (the “Promotion”) includes five (5) Scratch Off Games (each, a “Scratch Off Game”), each in a separate and distinct geographical market, and one (1) Random Draw Sweepstakes (the “Sweepstakes”). The Scratch Off Games and Sweepstakes are collectively referred to herein as the Promotion. The Promotion begins on Monday, June 15, 2020 and ends on Sunday, June 28, 2020 or when game pieces run out for each Scratch off Game, whichever occurs first (the “Promotion Period”). Promotion is subject to all applicable federal, state and local laws and regulations. Sponsor’s computer is the official timekeeping device for this Promotion. Sponsor reserves the right to modify/cancel Promotion at any time. Only the number of prizes stated in these Official Rules is available to be won in the Promotion.  If, by reason of a print or other error, more prizes are claimed than the number set forth in these Official Rules, winners will be determined in a random drawing from among all eligible claimants making purportedly valid claims to award the advertised number of prizes available.

By participating in the Promotion, or any component thereof, you unconditionally accept and agree to comply with and abide by these Official Rules and the decisions of Gehan Homes LTD (the “Sponsor”) and US Sweepstakes & Fulfillment Co. (the “Administrator”) which shall be final and binding in all respects. Employees of the Sponsor, Administrator and their respective subsidiaries, affiliates, advertising and promotion agencies, and the immediate family members of, and/or those living in the same household of each, are not eligible to participate. Promotion is subject to all applicable federal, state and local laws and regulations. All prize claims are subject to verification. Winners are responsible for all taxes.

 

SPONSOR/ADMINISTRATOR: Sponsor: Gehan Homes LTD, 15725 N. Dallas Parkway, Suite 300, Addison, TX 75001. Administrator: US Sweepstakes & Fulfillment Co., 625 Panorama Trail, Suite 2100, Rochester, NY 14625.

 

SCRATCH OFF GAMES TERMS AND CONDITIONS: The Promotion includes the following five (5) Scratch Off Games (each, a “Scratch Off Game” and collectively, the “Scratch Off Games”).   

  1. The New Home Jackpot Scratch & Play—Austin (the “Austin Scratch Off Game”);
  2. The New Home Jackpot Scratch & Play—San Antonio (the “San Antonio Scratch Off Game”);
  3. The New Home Jackpot Scratch & Play—Dallas (the “Dallas Scratch Off Game”);
  4. The New Home Jackpot Scratch & Play—Houston (the “Houston Scratch Off Game”); and 

Each Scratch Off Game will begin on Monday, June 15, 2020 and end on Sunday, June 28, 2020 or when Scratch Off Game Cards run out for each Scratch off Game, whichever occurs first. There is a limit of one (1) Scratch Off Game Card request per person and per household and one (1) Scratch Off Game entry per person and per household. There is a limit of one (1) Scratch Off Game prize (each, a “Game Prize”) per household. You may not participate in more than one (1) Scratch Off Game.

 

The Austin Scratch Off Game Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.

Eligibility: The Austin Scratch Off Game is open to legal residents of the following counties in the state of Texas who are age 18 or older at the time of entry: Bastrop County, Bexar County, Caldwell County, Comal County, Guadalupe County, Hays County, Travis County and Williamson County. Void outside these geographic areas and wherever else prohibited by law. Sponsor reserves the right to verify eligibility of winners.

How to Obtain an Austin Scratch Off Game Card (the “Game Card”): There is a limit of one (1) Game Card request per person and per household. There are two (2) ways to obtain a Game Card:

How to Participate: Upon receiving a Game Card, participant must gently scratch off the designated area to reveal whether he/she has won a Game Prize and follow the instructions on the back of the Game Card and as described below in the “Prize Claim” section of these Official Rules to claim the Game Prize won, if applicable. If your Game Card does not reveal a Game Prize, you will receive one of the following discount offers*: $5,000 Off the price of your home or closing costs; $4,000 off closing costs, $4,000 off price of your home. *Discount offers valid only on new home contracts written between June 15, 2020 and June 28, 2020, or if Game Card was received via AMOE method, discount offers are valid through July 17, 2020. All special savings are available only through the use of the builder’s preferred lender. Discounts may not be redeemed for cash or equivalent and may not be combined with other promotions and discounts. Discounts valid on new contracts only and does not apply to transfers, cancellations or re-writes.

Odds: Approximately 150 Game Cards are available. Odds of winning Winner’s Choice of a $3,000 Amazon.com Gift Card or $3,000 Off Price of Home or Closing Costs are 5 in 150. Odds of winning a $25 Starbucks Gift Card are 1 in 150.

Game Prizes: The total Approximate Retail Value (“ARV”) of all Game Prizes available to be won is $15,025.  There is a limit of one (1) Scratch Off Game prize per person and per household.

Game Prizes are not redeemable for cash. Game Prizes are not assignable nor transferable. No substitution is permitted except if Game Prize is unavailable, in which case a prize of equal or greater value will be awarded. No cash in lieu of Game Prizes and no exchange or substitution of Game Prizes, except at the sole discretion of the Sponsor. Any other incidental expenses on Game Prize not specified herein are the winner’s sole responsibility. Winners are responsible for all federal, state, local and income taxes associated with winning Game Prize. Winner’s Choice of $3,000 Amazon.com Gift Card or $3,000 Off Price of Home or Closing Costs winner will be required to furnish his/her Social Security Number for the sole purpose of preparation of tax forms as required by law. Except where prohibited by law, entry and acceptance of prize constitute permission to use winner's name, prize won, hometown, likeness, video tape, photographs, and statements for purposes of advertising, promotion and publicity (including online posting) in any and all media now or hereafter known throughout the world in perpetuity, without additional compensation, notification or permission.

Game Prize Claim:

Photocopied, illegible, or mechanically reproduced Game Cards/Prize Claim Forms are not eligible. Sponsor is not responsible for lost, late, damaged, misdirected or postage-due Prize Claims. Game Prize winners must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements in these Official Rules. All winning claims are subject to verification by the Administrator and/or Sponsor, whose decisions are binding. Even if the Game Card shows that you are a winner, you are not a winner until your eligibility is verified. Only the Sponsor’s verification process shall be conclusive and final. Failure to return the Prize Claim or Releases by the deadlines indicated above or in the notification, return of winner notification or any prize as undeliverable, or the determination that a potential winner (as applicable) is not eligible to receive a prize, he/she cannot accept or receive the prize for any reason or he/she is not in compliance with these Official Rules, will result in prize forfeiture. If any prize is forfeited or not duly claimed in accordance with these Official Rules, such prize will not be awarded.

Conditions: See all Scratch Off Game and Promotion conditions in the “Promotion General Conditions” section of these Official Rules.

 

The San Antonio Scratch Off Game Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.

Eligibility: The San Antonio Scratch Off Game is open to legal residents of the following counties in the state of Texas who are age 18 or older at the time of entry: Bandera County, Bexar County, Comal County, Guadalupe County, Kendall County and Medina County. Void outside these geographic areas and wherever else prohibited by law. Sponsor reserves the right to verify eligibility of winners.

How to Obtain a San Antonio Scratch Off Game Card (the “Game Card”): There is a limit of one (1) Game Card request per person and per household. There are two (2) ways to obtain a Game Card:

How to Participate: Upon receiving a Game Card, participant must gently scratch off the designated area to reveal whether he/she has won a Game Prize and follow the instructions on the back of the Game Card and as described below in the “Prize Claim” section of these Official Rules to claim the Game Prize won, if applicable. If your Game Card does not reveal a Game Prize, you will receive one of the following discount offers*: $5,000 Off the price of your home or closing costs; $4,000 off closing costs, $4,000 off price of your home. *Discount offers valid only on new home contracts written between June 15, 2020 and June 28, 2020, or if Game Card was received via AMOE method, discount offers are valid through July 17, 2020. All special savings are available only through the use of the builder’s preferred lender. Discounts may not be redeemed for cash or equivalent and may not be combined with other promotions and discounts. Discounts valid on new contracts only and does not apply to transfers, cancellations or re-writes.

Odds: Approximately 62 Game Cards are available. Odds of winning Winner’s Choice of a $3,000 Amazon.com Gift Card or $3,000 Off Price of Home or Closing Costs are 1 in 62. Odds of winning a $25 Starbucks Gift Card are 1 in 62.

Game Prizes: The total Approximate Retail Value (“ARV”) of all Game Prizes available to be won is $3,025.  There is a limit of one (1) Scratch Off Game prize per person and per household.

Game Prizes are not redeemable for cash. Game Prizes are not assignable nor transferable. No substitution is permitted except if Game Prize is unavailable, in which case a prize of equal or greater value will be awarded. No cash in lieu of Game Prizes and no exchange or substitution of Game Prizes, except at the sole discretion of the Sponsor. Any other incidental expenses on Game Prize not specified herein are the winner’s sole responsibility. Winners are responsible for all federal, state, local and income taxes associated with winning Game Prize. Winner’s Choice of $3,000 Amazon.com Gift Card or $3,000 Off Price of Home or Closing Costs winner will be required to furnish his/her Social Security Number for the sole purpose of preparation of tax forms as required by law. Except where prohibited by law, entry and acceptance of prize constitute permission to use winner's name, prize won, hometown, likeness, video tape, photographs, and statements for purposes of advertising, promotion and publicity (including online posting) in any and all media now or hereafter known throughout the world in perpetuity, without additional compensation, notification or permission.

Game Prize Claim:

Photocopied, illegible, or mechanically reproduced Game Cards/Prize Claim Forms are not eligible. Sponsor is not responsible for lost, late, damaged, misdirected or postage-due Prize Claims. Game Prize winners must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements in these Official Rules. All winning claims are subject to verification by the Administrator and/or Sponsor, whose decisions are binding. Even if the Game Card shows that you are a winner, you are not a winner until your eligibility is verified. Only the Sponsor’s verification process shall be conclusive and final. Failure to return the Prize Claim or Releases by the deadlines indicated above or in the notification, return of winner notification or any prize as undeliverable, or the determination that a potential winner (as applicable) is not eligible to receive a prize, he/she cannot accept or receive the prize for any reason or he/she is not in compliance with these Official Rules, will result in prize forfeiture. If any prize is forfeited or not duly claimed in accordance with these Official Rules, such prize will not be awarded.

Conditions: See all Scratch Off Game and Promotion conditions in the “Promotion General Conditions” section of these Official Rules.

 

The Dallas Scratch Off Game Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.

Eligibility: The Dallas Scratch Off Game is open to legal residents of the following counties in the state of Texas who are age 18 or older at the time of entry: Collin County, Dallas County, Denton County, Ellis County, Hood County, Hunt County, Johnson County, Kaufman County, Navarro County, Parker County, Tarrant County, Van Zandt County and Wise County. Void outside these geographic areas and wherever else prohibited by law. Sponsor reserves the right to verify eligibility of winners.

How to Obtain a Dallas Scratch Off Game Card (the “Game Card”): There is a limit of one (1) Game Card request per person and per household. There are two (2) ways to obtain a Game Card:

How to Participate: Upon receiving a Game Card, participant must gently scratch off the designated area to reveal whether he/she has won a Game Prize and follow the instructions on the back of the Game Card and as described below in the “Prize Claim” section of these Official Rules to claim the Game Prize won, if applicable. If your Game Card does not reveal a Game Prize, you will receive one of the following discount offers*: $5,000 Off the price of your home or closing costs; $4,000 off closing costs, $4,000 off price of your home. *Discount offers valid only on new home contracts written between June 15, 2020 and June 28, 2020, or if Game Card was received via AMOE method, discount offers are valid through July 17, 2020. All special savings are available only through the use of the builder’s preferred lender. Discounts may not be redeemed for cash or equivalent and may not be combined with other promotions and discounts. Discounts valid on new contracts only and does not apply to transfers, cancellations or re-writes.

Odds: Approximately 245 Game Cards are available. Odds of winning Winner’s Choice of a $3,000 Amazon.com Gift Card or $3,000 Off Price of Home or Closing Costs are 1 in 245. Odds of winning a $25 Starbucks Gift Card are 1 in 245.

Game Prizes: The total Approximate Retail Value (“ARV”) of all Game Prizes available to be won is $3,025.  There is a limit of one (1) Scratch Off Game prize per person and per household.

Game Prizes are not redeemable for cash. Game Prizes are not assignable nor transferable. No substitution is permitted except if Game Prize is unavailable, in which case a prize of equal or greater value will be awarded. No cash in lieu of Game Prizes and no exchange or substitution of Game Prizes, except at the sole discretion of the Sponsor. Any other incidental expenses on Game Prize not specified herein are the winner’s sole responsibility. Winners are responsible for all federal, state, local and income taxes associated with winning Game Prize. Winner’s Choice of $3,000 Amazon.com Gift Card or $3,000 Off Price of Home or Closing Costs winner will be required to furnish his/her Social Security Number for the sole purpose of preparation of tax forms as required by law. Except where prohibited by law, entry and acceptance of prize constitute permission to use winner's name, prize won, hometown, likeness, video tape, photographs, and statements for purposes of advertising, promotion and publicity (including online posting) in any and all media now or hereafter known throughout the world in perpetuity, without additional compensation, notification or permission.

Game Prize Claim:

Photocopied, illegible, or mechanically reproduced Game Cards/Prize Claim Forms are not eligible. Sponsor is not responsible for lost, late, damaged, misdirected or postage-due Prize Claims. Game Prize winners must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements in these Official Rules. All winning claims are subject to verification by the Administrator and/or Sponsor, whose decisions are binding. Even if the Game Card shows that you are a winner, you are not a winner until your eligibility is verified. Only the Sponsor’s verification process shall be conclusive and final. Failure to return the Prize Claim or Releases by the deadlines indicated above or in the notification, return of winner notification or any prize as undeliverable, or the determination that a potential winner (as applicable) is not eligible to receive a prize, he/she cannot accept or receive the prize for any reason or he/she is not in compliance with these Official Rules, will result in prize forfeiture. If any prize is forfeited or not duly claimed in accordance with these Official Rules, such prize will not be awarded.

Conditions: See all Scratch Off Game and Promotion conditions in the “Promotion General Conditions” section of these Official Rules.

 

The Houston Scratch Off Game Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.

Eligibility: The Houston Scratch Off Game is open to legal residents of the following counties in the state of Texas who are age 18 or older at the time of entry: Brazoria County, Chambers County, Fort Bend County, Galveston County, Harris County, Montgomery County and Waller County. Void outside these geographic areas and wherever else prohibited by law. Sponsor reserves the right to verify eligibility of winners.

How to Obtain a Houston Scratch Off Game Card (the “Game Card”): There is a limit of one (1) Game Card request per person and per household. There are two (2) ways to obtain a Game Card:

How to Participate: Upon receiving a Game Card, participant must gently scratch off the designated area to reveal whether he/she has won a Game Prize and follow the instructions on the back of the Game Card and as described below in the “Prize Claim” section of these Official Rules to claim the Game Prize won, if applicable. If your Game Card does not reveal a Game Prize, you will receive one of the following discount offers*: $5,000 Off the price of your home or closing costs; $4,000 off closing costs, $4,000 off price of your home. *Discount offers valid only on new home contracts written between June 15, 2020 and June 28, 2020, or if Game Card was received via AMOE method, discount offers are valid through July 17, 2020. All special savings are available only through the use of the builder’s preferred lender. Discounts may not be redeemed for cash or equivalent and may not be combined with other promotions and discounts. Discounts valid on new contracts only and does not apply to transfers, cancellations or re-writes.

Odds: Approximately 235 Game Cards are available. Odds of winning Winner’s Choice of a $3,000 Amazon.com Gift Card or $3,000 Off Price of Home or Closing Costs are 1 in 235. Odds of winning a $25 Starbucks Gift Card are 1 in 235.

Game Prizes: The total Approximate Retail Value (“ARV”) of all Game Prizes available to be won is $3,025.  There is a limit of one (1) Scratch Off Game prize per person and per household.

Game Prizes are not redeemable for cash. Game Prizes are not assignable nor transferable. No substitution is permitted except if Game Prize is unavailable, in which case a prize of equal or greater value will be awarded. No cash in lieu of Game Prizes and no exchange or substitution of Game Prizes, except at the sole discretion of the Sponsor. Any other incidental expenses on Game Prize not specified herein are the winner’s sole responsibility. Winners are responsible for all federal, state, local and income taxes associated with winning Game Prize. Winner’s Choice of $3,000 Amazon.com Gift Card or $3,000 Off Price of Home or Closing Costs winner will be required to furnish his/her Social Security Number for the sole purpose of preparation of tax forms as required by law. Except where prohibited by law, entry and acceptance of prize constitute permission to use winner's name, prize won, hometown, likeness, video tape, photographs, and statements for purposes of advertising, promotion and publicity (including online posting) in any and all media now or hereafter known throughout the world in perpetuity, without additional compensation, notification or permission.

Game Prize Claim:

Photocopied, illegible, or mechanically reproduced Game Cards/Prize Claim Forms are not eligible. Sponsor is not responsible for lost, late, damaged, misdirected or postage-due Prize Claims. Game Prize winners must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements in these Official Rules. All winning claims are subject to verification by the Administrator and/or Sponsor, whose decisions are binding. Even if the Game Card shows that you are a winner, you are not a winner until your eligibility is verified. Only the Sponsor’s verification process shall be conclusive and final. Failure to return the Prize Claim or Releases by the deadlines indicated above or in the notification, return of winner notification or any prize as undeliverable, or the determination that a potential winner (as applicable) is not eligible to receive a prize, he/she cannot accept or receive the prize for any reason or he/she is not in compliance with these Official Rules, will result in prize forfeiture. If any prize is forfeited or not duly claimed in accordance with these Official Rules, such prize will not be awarded.

Conditions: See all Scratch Off Game and Promotion conditions in the “Promotion General Conditions” section of these Official Rules.

 

 

 

SWEEPSTAKES TERMS AND CONDITIONS: The Promotion includes one (1) Random Draw Sweepstakes (the “Sweepstakes”). NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.

 

Sweepstakes Entry Period: The Sweepstakes will begin on Monday, June 15, 2020 and end on Sunday, June 28, 2020 or when Scratch Off Game Cards run out, whichever occurs first (the “Sweepstakes Period”).

 

Eligibility: The Sweepstakes is open to legal residents of the following counties in states of Arizona and Texas who are age 18 and older:

Texas Counties: Bandera County, Bastrop County, Bexar County, Brazoria County, Caldwell County, Chambers County, Collin County, Comal County, Dallas County, Denton County, Ellis County, Fort Bend County, Galveston County, Guadalupe County, Harris County, Hays County, Hood County, Hunt County, Johnson County, Kaufman County, Kendall County, Medina County, Montgomery County, Navarro County, Parker County, Tarrant County, Travis County, Van Zandt County, Waller County, Williamson County and Wise County.

Arizona Counties: Maricopa County and Pinal County.  

Void outside these geographic areas and wherever else prohibited by law. Sponsor reserves the right to verify eligibility of winners.

 

How to Enter:

There is a limit of one (1) Sweepstakes Entry per person and per household. All methods of entry have an equal chance of winning. All Sweepstakes Entries become the property of the Sponsor and will not be acknowledged or returned.

 

Prize/Approximate Retail Value (“ARV”): There is one (1) Sweepstakes Prize (the “Sweepstakes Prize”) available to be won. One (1) Sweepstakes Prize winner will receive $50,000, to be awarded in the form of a check. The ARV of the Sweepstakes Prize is $50,000. The total ARV of all Sweepstakes Prizes available to be won: $50,000. Sweepstakes Prize is not assignable nor transferable. No substitution is permitted except if prize is unavailable, in which case a prize of equal or greater value will be awarded. No exchange or substitution of prize, except at the sole discretion of the Sponsor. Any other incidental expenses on prize not specified herein are the winner’s sole responsibility. Sweepstakes Prize winner is responsible for all federal, state, local and income taxes associated with winning prize. Sweepstakes Prize winner will be required to furnish his/her Social Security Number for the sole purpose of preparation of tax forms as required by law.

 

Odds: There are approximately 857 Game Cards available. Odds of winning the Sweepstakes Prize are 1 in 857.

 

Random Drawing & Winner Notification/Verification: The Sweepstakes Prize winner will be selected in a random drawing on or about Wednesday, January 6, 2021 from among all eligible entries received during the Sweepstakes Period by the Administrator, an independent representative of the Sponsor whose decisions are final. The Potential Sweepstakes Prize winner will be notified via email and/or phone, and will be required to sign and return, within seven (7) days of notification, an Affidavit of Eligibility, a Liability Waiver, an IRS W-9 Form and where allowable, a Publicity Release (collectively, "the Releases"). These Releases will require the Sweepstakes Prize winner to furnish his/her Social Security Number for the sole purpose of tax reporting, as required by law. Noncompliance will result in disqualification and an alternate winner may be selected. The Sweepstakes Prize will be awarded within approximately 45 days after the winner is verified. If a prize notification or prize is returned as undeliverable, or if winner is found to be ineligible or not in compliance with these rules that winner will be disqualified, and the prize may be awarded to an alternate winner in a separate random drawing. If Sponsor is unable to determine and verify a potential winner after repeated alternate drawings or if Sponsor fails to receive a sufficient number of entries to correspond to the number of prizes available to be awarded, Sponsor reserves the right to not award such prize(s). Except where prohibited by law, entry and acceptance of prize constitute permission to use winner's name, prize won, hometown, likeness, video tape, photographs, and statements for purposes of advertising, promotion and publicity (including online posting) in any and all media now or hereafter known throughout the world in perpetuity, without additional compensation, notification or permission.

 

PROMOTION GENERAL CONDITIONS: Winning Game Cards are subject to verification by the Sponsor or Administrator. Game Cards are null and void and will be rejected if not obtained through legitimate channels. If any part of any Game Card is counterfeited, illegible, mutilated, or tampered with in any way, if it contains or reflects printing, typographical, mechanical or other errors or discrepancies, or if it comes from other games or promotions, the Game Card or any prize contained on any of same, as applicable, will be deemed void. The Sponsor’s sole responsibility and liability for any void Game Card is replacement with another randomly selected Game Card while supplies last. Such replacement shall be the sole and exclusive remedy under such circumstances. Each participant acknowledges and agrees that the decisions of Sponsor shall be final, binding and conclusive in all matters relating to the Promotion, including, without limitation, determinations regarding the validity of Game Cards, Prize Claims and Release documents submitted for verification. Only original Game Cards with “New Home Jackpot Scratch & Play” artwork distributed during the Promotion Period will be accepted for verification. Any person attempting to forge Game Cards or Prize Claim documents or defraud the Sponsor in any way in connection with this Promotion may be prosecuted to the fullest extent permitted under the law.

 

Participants agree to these Official Rules and the decisions of the Sponsor and the Administrator, and release the Sponsor, the Administrator and their affiliated companies, and all other businesses involved in this Promotion, as well as the employees, officers, directors and agents of each (the “Released Parties”), from all claims and liability relating to their participation in the promotion, and the acceptance and use/misuse of any prize offered. Participants assume all liability for and Released Parties shall be held harmless against any liability for any injury, losses or damages of any kind to persons, including personal injury or death, or injury to property caused or claimed to be caused in whole or in part,  directly or indirectly, by participation in this Promotion, acceptance, possession, or use/misuse of any prize, or any claims based on publicity rights, defamation or invasion of privacy, or merchandise delivery. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Promotion or in the announcement of the prize(s).

 

In the event of a dispute over the identity of a participant, the Prize Claim or Sweepstakes Entry will be deemed submitted by the "Authorized Account Holder" of the e-mail account for the e-mail address provided at the time of participating. Authorized Account Holder means the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Sponsor may ask any participant or potential winner to provide Sponsor with proof, to Sponsor’s satisfaction, that such party is the authorized account holder of the email address associated with the Prize Claim and/or Sweepstakes Entry.

 

Entry materials/data/Game Cards that have been tampered with or altered are void. The Released Parties are not responsible for: (i) lost, late, misdirected, damaged, illegible, postage-due or stolen Game Card requests, Sweepstakes Entries, Prize Claims or Releases; or (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; or (iii) any injury or damage to entrant's or any other person's computer related to or resulting from participating in the Promotion. By participating in the Promotion, you (i) agree to be bound by these official rules, including all eligibility requirements, and (ii) agree to be bound by the decisions of Sponsor and the Administrator, which are final and binding in all matters relating to the Promotion. Failure to comply with these official rules may result in disqualification from the Promotion. Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures or any factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Promotion, as determined by Sponsor. If, for any reason, the Promotion cannot be run as planned, Sponsor may disqualify any suspect Game Cards or Sweepstakes Entries or individuals from the Promotion and any promotion it sponsors and (a) suspend the Promotion and modify the Promotion to address the impairment, then resume the Promotion in a manner that best conforms to the spirit of these Official Rules; and/or (b) award the prizes at random from among the eligible, non-suspect entries received up to the time of the impairment.

 

THE RELEASED PARTIES ARE NOT RESPONSIBLE IF THIS PROMOTION CANNOT BE ADMINISTERED OR CONDUCTED OR ANY PRIZE CANNOT BE AWARDED DUE TO CANCELLATIONS, DELAYS, OR INTERRUPTIONS RESULTING OR ARISING FROM ACTS OF GOD, WAR, OR TERROROISM, CIVIL UNREST, STRIKES, SUPPLY SHORTAGES, NATURAL DISASTERS, WEATHER, EPIDEMICS, COMPLIANCE WITH ANY LAW OR ORDER OF A GOVERNMENTAL AUTHORITY, OR ANY OTHER SIMILAR ACT, EVENT, OR OCCURENCE BEYOND THE REASONABLE CONTROL OF THE SPONSOR. BY PARTICIPATING IN THIS SWEEPSTAKES, PARTICIPANT AGREES THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF ANY WEBSITE ASSOCIATED WITH THIS PROMOTION OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SUCH SITE, AS APPLICABLE. FURTHER, SPONSOR SHALL NOT BE RESPONSIBLE FOR ANY CANCELLATIONS, DELAYS, DIVERSIONS, CHANGES IN SERVICE OR ACCOMODATIONS OR SUBSTITUTIONS, OR FOR ANY ACTS OR OMISSIONS BY ANY THIRD PARTIES BEYOND ITS REASONABLE CONTROL, INCLUDING AIR CARRIER(S) AND OTHER TRANSPORTATION COMPANIES; LODGING, RESTAURANT OR OTHER HOSPITALITY PROVIDERS; ENTERTAINMENT PROVIDERS, VENUES OR ARTISTS; OR OTHER THIRD PARTY PROVIDERS SUPPLYING ANY SERVICES OR COMPONENTS OF THE PRIZE(S) TO WINNERS AND/OR THEIR GUESTS, OR FOR ANY RESULTING INJURIES, INCLUDING MONEY DAMAGES, COSTS AND EXPENSES, PROPERTY DAMAGES, PERSONAL INJURIES OR DEATH RESULTING THEREFROM.

 

ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DAMAGE, DESTROY, TAMPER OR VANDALIZE ANY PROMOTION MATERIALS OR INTERFERE WITH THE OPERATION OF THE PROMOTION, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.

 

PROMOTION GOVERNING LAW AND LIMITATION OF LIABILITY:  All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor or the Released Parties in connection with the Promotion will be governed by and construed in accordance with the internal laws of the State of Texas, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.

 

BY ENTERING THE PROMOTION , ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) 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 TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) 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, SO THE ABOVE MAY NOT APPLY TO YOU.

 

PROMOTION DISPUTES: The parties hereto each agree to finally settle all disputes only through arbitration; provided, however, the Released Parties shall be entitled to seek injunctive or equitable relief in the state and federal courts in Dallas County, Texas 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 Promotion 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 Dallas County, Texas. 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 Dallas County, Texas. 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.

 

PRIVACY: Personal information collected from participants are subject to the Sponsor’s Privacy Policy, which can be found at https://www.graypointhomes.com/privacy-policy/.

 

OFFICIAL RULES REQUEST: To request a copy of the Official Rules, see www.graypointhomes.com/rules or send a self-addressed, stamped envelope by January 6, 2021, to: The Gehan Homes New Home Jackpot Promotion Official Rules Request, PO Box 25466, Rochester, NY 14625-0466.

 

WINNER CONFIRMATION REQUEST: For a written confirmation of the winners (available after January 6, 2021), send a stamped, self-addressed envelope (no later than February 6, 2021), to: The Gehan Homes New Home Jackpot Promotion Winner Confirmation Request, PO Box 25466, Rochester, NY 14625-0466.

 

All trademarks used herein are the property of their respective owners in the United States and abroad. All rights reserved.