HER Realtors and Trinity Homes
“Buckeye Cruise” Giveaway
NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. THIS SWEEPSTAKES IS INTENDED FOR VIEWING IN THE UNITED STATES ONLY AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW.
The “Buckeye Cruise” Giveaway (the “Sweepstakes”) is intended for legal residents of Ohio and shall only be construed and evaluated according to U.S. law. Do not enter this Sweepstakes if you are not a resident of Ohio at the time of entry. By participating, Entrants agree to abide by and be bound by these Official Rules and the decisions of the Sponsors, which are final and binding in all matters relating to the Sweepstakes. Winning the Grand Prize (as described below) is contingent upon fulfilling all requirements set forth herein.
Sponsors/Administrator: The Sweepstakes is sponsored by HER Realtors, 4261 Morse Rd, Gahanna, OH 43230 and Trinity Homes, 2700 East Dublin Granville Rd., Columbus, OH 43231 (the “Sponsors”).
Eligibility: Entrants must be legal residents of Ohio, who are at least 21 years of age or older at the time of entry (“Entrant”). Employees of the Sponsors, their immediate families (parent, child, sibling or spouse) and/or household members and any other persons or entities associated with this Sweepstakes are ineligible to enter or win. Void outside of the state of Ohio or where prohibited/restricted by law.
How to Enter: The Sweepstakes begins at 12:00:01 a.m. Eastern Time (“ET”) on October 25, 2019 and ends at 11:59:59 p.m. ET on December 15, 2019 (“Sweepstakes Period”). The Sponsors’ computer is the official time-keeping device for the Sweepstakes. There is one (1) method of entry for the Sweepstakes as follows:
Online: Eligible Entrants can enter the Sweepstakes by visiting https://trinity-homes.com/bcfcHER/?ref=her (the “Website”) and completing the Sweepstakes registration form. The registration form will require an Entrant to enter the following information: first name, last name, mailing address, city, state, zip code, phone number, and e-mail address. All of the aforementioned information fields are required. Incomplete information may result in disqualification of entry. All entries must be received by the Sponsors by 11:59:59 p.m. ET on December 15, 2019 in order to be eligible. By properly completing the Sweepstakes registration form the Entrant will receive one (1) Sweepstakes entry.
General Conditions: If for any reason the operation or administration of this Sweepstakes is impaired or incapable of running as planned for any reason, including but not limited to (a) infection by computer virus, bugs, (b) tampering, unauthorized intervention, (c) fraud, (d) technical failures, or (e) any other causes beyond the control of the Sponsor or Administrator which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Sweepstakes in whole or in part, at any time, with or without notice and, if Sponsor elects not to terminate the Sweepstakes, award the Prizes (defined below) using all non-suspect eligible entries received as of, or after (if applicable) this cancellation, termination, modification or suspension date, or in any manner that is fair and equitable and best conforms to the spirit of these Official Rules. Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be (a) tampering or attempting to tamper with the entry process or the operation of the Sweepstakes or Sponsor’s Website; or (b) acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision.
Release and Limitations of Liability: By participating in the Sweepstakes, Entrants agree to release and hold harmless the Released Parties from and against any claim, damage, cost, fine, expense, obligation, liability, or cause of action of any kind arising out of participation in the Sweepstakes or receipt or use of any prize, including, but not limited to: (a) any technical errors that may prevent an Entrant from submitting an entry; (b) unauthorized human intervention in the Sweepstakes; (c) printing errors; (d) errors in the administration of the Sweepstakes or the processing of entries; or (e) injury, death, or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Sweepstakes or receipt of any prize, including but not limited to the Prizes. Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Released Parties are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer online systems, servers, or providers, computer equipment, software, failure of any email or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any Website, or any combination thereof, including any injury or damage to Entrant’s or any other person’s computer relating to or resulting from participation in this Sweepstakes or downloading any materials or accessing any website relate to this Sweepstakes. Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Released Parties be liable for attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
Drawing and Notification: One Prize Winner will be selected from among all eligible entries received, in a random drawing by the Administrator, an independent judging organization, whose decisions are final in all matters relating to this Sweepstakes. The drawing will be completed on or about December 20, 2019. Odds of winning will depend on the total number of eligible entries received. The potential Winner will be notified by the Administrator via telephone, and/or email.
Prizes & Prize Conditions: There will be one Prize awarded. The Prize Winner, upon the Administrator’s confirmation of eligibility, will receive two (2) tickets to the 2020 Buckeye Cruise for Cancer, February 16-21, 2020 including round trip airfare from Columbus, Ohio to Miami, Florida.
The Sponsor reserves the right at its sole discretion to substitute the Prize with another Prize of equal or greater value. By accepting a Prize, the Prize Winner agrees to release and hold harmless the Released Parties, from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of the Prize. The Prize Winner will be notified by phone, and email, and must sign and return to the Sponsor, an Affidavit of Eligibility, Liability & Publicity Release in order to claim his/her Prize within seven (7) days in order to claim his/her Prize. If a Prize or Prize notification is returned as unclaimed or undeliverable to a potential Winner, if potential Winner cannot be reached within three (3) calendar days from the first notification attempt, if a potential Winner fails to return requisite document within the specified time period, or if a potential Winner is not in compliance with these Official Rules, then such person shall be disqualified and an alternate Winner may be selected for the Prize at issue.
By accepting a Prize, where permitted by law, the Winners grant to the Released Parties and those acting pursuant to the authority of Sponsor and the Released Parties (which grant will be confirmed in writing upon Sponsor’s request), the right to print, publish, broadcast and use worldwide IN ALL MEDIA AND IN PERPETUITY without limitation at any time a Winner’s full name, portrait, picture, voice, likeness and/or biographical information for advertising, trade and promotional purposes without further payment or additional consideration, and without review, approval or notification. IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) ARISING OUT OF PARTICIPATION IN THIS SWEEPSTAKES OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE.
By participating in the Sweepstakes, Entrants release and agree to hold harmless the Released Parties from any and all liability for any injuries, death or losses or damages to persons or property AS WELL AS CLAIMS/ACTIONS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY that may arise from participating in this Sweepstakes or its related activities or the acceptance, possession, use or misuse of, or any harm resulting from the acceptance, possession, use or misuse of the Prize. The Winners also acknowledge that Released Parties 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, relative to the Prize.
Disputes: By entering the Sweepstakes, Entrants and neighbor designee agree that 1.) Any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action; 2.) Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes but in no event attorneys’ fees; and 3.) Under no circumstances will any Entrant or neighbor designee be permitted to obtain any award for, and Entrant or neighbor designee hereby waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrants and Sponsors or the Released Parties in connection with the Sweepstakes, shall be governed by, and construed in accordance with United States law the law of Ohio. Any legal proceedings arising out of this Sweepstakes or relating to these Official Rules shall be instituted only in the federal or state courts of serving Ohio and Entrants and neighbor designee, and the parties consent to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to these Official Rules. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. The value of the prizes set forth above represents Sponsors’ good faith determinations of the ARV thereof and such determinations are final and binding and cannot be appealed. If the actual value of any prize turns out to be less than the stated ARV, the difference will not be awarded in cash.
Severability: The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. If any provision of the Official Rules is determined to be invalid or otherwise unenforceable, the other provisions will remain in effect and will be construed as if the invalid or unenforceable provision were not contained herein.
Miscellaneous: These Official Rules contain the full and complete understanding with respect to the Sweepstakes and supersede all prior and contemporaneous agreements, representations and understandings, whether oral or written. The headings herein are for convenience only, do not constitute a part of these Official Rules, and shall not be deemed to limit or affect any of the provisions hereof. No amendment to, or waiver of, any provision of these Official Rules shall be effective unless in writing and signed by both Sponsor and Administrator. The waiver by Sponsor or Administrator of any provision of these Official Rules shall not constitute a waiver of any other provision herein. The rights and obligations hereunder may not be assigned by Entrant, whether by operation of law or otherwise, without the prior written consent of Sponsor, and any attempted assignment in violation of the foregoing shall be null and void. These Official Rules shall be binding upon, and inure to the benefit of, the permitted successors and assigns of Sponsor and Entrant.
Winners List: To request the name, city, and state of the Winners, please send a self-addressed, stamped business size envelope, by December 30, 2019, to: Trinity Homes “Buckeye Cruise” Giveaway Winners List Request, 2700 East Dublin Granville Rd., Columbus, OH 43231.