Grand Opening & Model Home Tour Giveaway Official Rules
THE AURORA HIGHLANDS
GRAND OPENING MODEL HOME TOUR GIVEAWAY
OFFICIAL RULES
No purchase or payment of any kind is necessary to enter or win a prize. A purchase will not increase your chances of winning.
This giveaway is intended for play in the United States and will be governed by Colorado law. Do not enter if you are not eligible or are located outside of the United States at the time of entry.
1. Eligibility.
a. Requirement. The Aurora Highlands Grand Opening & Model Home Tour Giveaway (the “Giveaway”) is open to legal residents of the 50 United States and the District of Columbia who are 18 years of age or older at the time of entry, subject to the exclusion below.
b. Exclusion. The Aurora Highlands Marketing Coordinator, LLC, a Colorado limited liability company (“Sponsor”), and affiliates of Sponsor, and Sponsor’s and its affiliates’ employees, directors, owners, agents, parents, subsidiaries, affiliates, and advertising, fulfillment, judging, and promotional agencies (collectively the “Promotional Parties”) and household members and immediate family (spouse, parent, in-laws, child, sibling, and their respective spouses, wherever they reside) of the Promotional Parties are not eligible to participate in the Giveaway. No group, clubs, or organizations may participate in this Giveaway. This Giveaway is void outside the United States, in New York, Rhode Island, Florida, and the territory of Puerto Rico, and wherever prohibited by applicable federal, state, and local laws or regulations.
c. Agreement with Official Rules. Participation in this Giveaway constitutes your full and unconditional agreement to these Official Rules and to Sponsor’s and any judges’ decisions, which are final and binding on all matters related to the Giveaway.
2. Promotional Period. The Giveaway begins on July 15, 2023 at 11:00 a.m. Mountain Time and ends on July 16, 2023 at 6:30 p.m. Mountain Time (the “Promotional Period”). Sponsor’s clock is the official clock for the Giveaway.
3. How to Enter. There are two ways to enter the Giveaway: the Free Method of Entry and the Stamp Method of Entry. No purchase is necessary to enter or win a prize. A purchase will not increase your chance of winning. By entering, you have not won a prize. Each person is limited to a total of 12 entries into the Giveaway.
a. Free Method of Entry. You may enter the Giveaway by collecting a stamp sheet (the “Entry Form”) at The Aurora Highlands Check-In booth at the Event Lawn in The Aurora Highlands. On the Entry Form, complete your name, email address, and phone number and submit the completed Entry Form in the designated box before the end of the Promotional Period (the “Free Method of Entry”). You are not obligated to sign up for marketing emails. The Entry Form will be stamped with one stamp (on The Aurora Highlands box). Each person is limited to one entry into the Giveaway via the Free Method of Entry.
b. Stamp Method of Entry. You may obtain additional entries into the Giveaway by collecting stamps on the Entry Form. Stamps may only be collected by visiting model homes and other locations in The Aurora Highlands (the “Stamp Method of Entry”). Each person is limited to one entry per correctly stamped box on the Entry Form. Each person is limited to 11 entries via the Stamp Method of Entry.
4. Personal Information. Personal information collected from Giveaway participants is subject to The Aurora Highlands, LLC’s Privacy Policy available at https://theaurorahighlands.com/privacy-policy-general/. By entering the Giveaway, you agree to the terms of the foregoing Privacy Policy. The Privacy Policy discusses how personal information will be used, including without limitation for marketing and promotional correspondence from The Aurora Highlands, LLC. If you are selected as a winner, your information may also be included in a publically available winners list.
5. Prize Drawing and Winner Selection. Within a reasonable time after the end of the Promotional Period, three (3) potential winners will be randomly selected in a drawing conducted by Sponsor from a single pool of entries. The first potential winner to be selected will win the Third Place Prize (defined below), the second potential winner will win the Second Place Prize (defined below), and the third potential winner will receive the Grand Prize (defined below). Odds of winning are one out of the total number of eligible entries received during the Promotional Period.
6. Prize Winner Notification and Requirements. The winners will be notified via email or telephone within a reasonable time after the winners are selected. The winners may also be announced on any of the Sponsor’s social media accounts. Each winner must claim their prize by responding no later than July 31, 2023 at 12:00p.m. Mountain Time. The winner may be required to complete, sign, and return to Sponsor a W-9, an affidavit of eligibility, and a liability and publicity release within three days of the date of notification. The prize may be forfeited if (a) the winner fails to timely claim the prize; (b) the winner fails to sign a W-9, an affidavit, and/or a release within three days of being contacted, if required; (c) the winner is not in compliance with these Official Rules, or (d) a prize or prize notification is returned as undeliverable. Sponsor is not responsible if you change your email address. In the event that a winner is disqualified for any reason, Sponsor reserves the right, but does not have the obligation, to award the prize to an alternate entrant who will also be selected randomly, even if the disqualified winner’s name was publically announced.
7. Consumer Disclosure: Prize. There will be a total of three (3) prizes awarded:
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- one (1) $25,000.00 gift certificate toward a down payment on a new home in The Aurora Highlands (the “Grand Prize”);
- one (1) $2,500.00 gift card to American Furniture Warehouse (the “Second Place Prize”); and
- one (1) $250.00 gift card to Home Depot (the “Third Place Prize”).
The total approximate retail value of all prizes to be awarded in this Giveaway is $27,750.00. The prizes cannot be returned or exchanged. No cash alternative or substitution will be allowed, except Sponsor reserves the right in its sole discretion to substitute the prizes or any portion thereof for another item of comparable or greater value if the prizes listed are unavailable for any reason.
8. Other Prize Terms. All taxes are the sole responsibility of the winner. Limit one prize per person, per household, and per email address. The prize and obligations pursuant to these Official Rules cannot be assigned or transferred without the prior written consent of Sponsor, in its Sponsor’s sole discretion. Sponsor shall arrange delivery of the prize with the winner. If lost or stolen, Sponsor will not replace the prize.
9. General Conditions.
a. Publicity Release. By accepting a prize, a winner grants Sponsor and each of its designees and sublicensees the right to use the winner’s name, biographical information, testimonial, photo and/or likeness, voice, prize information, personal exposition, and/or any other information contained in the winner’s entry or otherwise provided by the winner in connection with this Giveaway (and/or any edited portion thereof) for advertising, publicity, promotional, and other purposes in any and all media, now or hereafter devised, throughout the world in perpetuity, without additional compensation, notification, or permission, except where prohibited by law.
b. Force Majeure. The Promotional Parties’ failure to comply with these Official Rules due to an act of God, weather condition, natural disaster, war, terrorism, communications system or network error or failure, cyber-attack or hacking, actions of governmental control, or other events outside the control of the Promotional Parties shall not be considered a breach of these Official Rules.
c. Disqualification. Persons who tamper with or abuse any aspect of the Giveaway or website, who are in violation of these Official Rules, who submit any obscene or other objectionable material as solely determined by Sponsor, or who act in an unsportsmanlike or disruptive manner as solely determined by Sponsor, will be disqualified and all associated entries will be void. Sponsor reserves the right at its sole discretion to suspend, modify, or terminate the Giveaway for any reason, including, but not limited to, should any portion of the Giveaway 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, proper play, or submission of entries. If so terminated, at Sponsor’s discretion, Sponsor’s may randomly select the winner(s) from among the eligible, non-suspect entries received prior to termination or as otherwise deemed fair and appropriate by Sponsor.
d. Other Terms and Conditions. Automated entries are prohibited, and any use of automated devices will cause disqualification. Sponsor reserve the right at its sole discretion to disqualify any individual who tampers with the entry process. Entrants may not register with multiple email addresses nor may entrants use any other device to register multiple times or as multiple registrants. Any entrant who attempts to enter with multiple email addresses under multiple identities or uses any device or artifice to enter multiple times will be disqualified and forfeits any and all prizes won, in Sponsor’s discretion. Sponsor reserves the right to change, alter, or amend these Official Rules as necessary, in their sole discretion, to ensure the fair administration of the Giveaway or to comply with applicable law.
10. Limitation of Liability.
a. Release. By entering the Giveaway, you agree for yourself and for your heirs, executors, and administrators (i) to release, defend, indemnify, and hold harmless the Promotional Parties from any and all costs, injuries, losses, or damages of any kind, including, without limitation, death and bodily injury, due in whole or in party, directly or indirectly, to participation in the Giveaway or any Giveaway related activity, including submission of content, or from your acceptance, receipt, possession, redemption and/or use or misuse of a prize; (ii) that Sponsor and its affiliates has neither made nor are in any manner responsible or liable for any 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; (iii) to comply with all policies, terms, and conditions relating to the use of The Aurora Highlands, LLC’s websites; and (iv) to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Giveaway itself. Failure to comply with these conditions may result in disqualification from the Giveaway at Sponsor’s sole discretion. This release, defense, indemnification, and hold harmless obligation shall survive any expiration or termination of the Giveaway.
Each entrant agrees, to the extent such laws give the entrant rights, that all rights under Section 1542 of the California Civil Code and similar law of any state or territory of the United States are hereby expressly waived. Said section reads as follows:
42. CERTAIN CLAIMS NOT AFFECTED BY GENERAL RELEASES. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
Home Depot U.S.A., Inc. and American Home Furniture, each, are not a sponsor of this Giveaway and are not affiliated with Sponsor. You hereby release the Home Depot U.S.A., Inc. and American Home Furniture from any liability arising out of or related to this Giveaway.
b. Limitation of Liability. THE PROMOTIONAL PARTIES’ AGGREGATE LIABILITY ARISING IN CONNECTION WITH THIS GIVEAWAY WHETHER IN CONTRACT, IN TORT, UNDER ANY WARRANTY, IN NEGLIGENCE, OR OTHERWISE SHALL NOT EXCEED THE AMOUNT OF (I) $5.00 WITH RESPECT TO NON-WINNERS AND (II) $500.00 WITH RESPECT TO THE WINNER, AND SHALL BE FURTHER LIMITED TO ACTUAL DAMAGES EQUAL TO OR LESS THAN SUCH AMOUNTS, RESPECTIVELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PROMOTIONAL PARTIES SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR FOR DAMAGES FOR LOST PROFITS, OR FOR ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM. ENTRANT IS NOT ENTITLED TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF.
11. Adjudication of Claims.
Do not enter this Giveaway if you do not agree to have any claim or controversy finally decided in accordance with these Official Rules.
a. Binding Arbitration. Any claim, dispute, or controversy arising under or related to this Giveaway or these Official Rules shall be resolved first by means of direct discussions with Sponsor. If not resolved pursuant to such discussions, any claim, dispute, or controversy shall then be resolved by final and binding arbitration administered by Judicial Arbiter Group, Inc. (“JAG”), in accordance with the AAA Commercial Arbitration Rules or other rules agreed to by the parties. All proceedings brought pursuant to this agreement will be conducted in the Denver, Colorado. Any claim, dispute, or controversy arising out of or related to this Giveaway must be submitted to JAG within three months from the last day of the Promotional Period; otherwise, such claim is permanently barred.
b. Litigation in Certain Circumstances.
i. WAIVER OF JURY TRIAL. IF THE BINDING ARBITRATION PROVISION ABOVE IS DETERMINED TO BE NULL AND VOID OR IF ANY CLAIM OR CONTROVERSY MUST BE LITIGATED FOR ANY REASON, ENTRANT HEREBY WAIVES ANY RIGHT IT MAY HAVE TO A JURY TRIAL IN ANY ACTION, SUIT, OR PROCEEDING ARISING OUT OF OR IN CONNECTION WITH THIS GIVEAWAY.
ii. Venue. If you or any Promotional Party is entitled to bring any claim, dispute, or controversy in court, any such action shall only be brought in a state or federal court located in Denver, Colorado. You hereby submit to the jurisdiction and venue of such courts and waives any objection to which the entrant otherwise might be entitled regarding such jurisdiction or venue.
c. CLASS ACTION WAIVER. ANY ARBITRATION, ACTION, SUIT, OR PROCEEDING ARISING OUT OF OR IN CONNECTION WITH THIS GIVEAWAY SHALL BE IN EACH ENTRANT’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. NO ENTRANT SHALL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, OR IN ANY PROCEEDING IN WHICH AN ENTRANT OR SPONSOR ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. THE ARBITER OR JUDGE MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED WITHOUT THE WRITTEN CONSENT OF EACH ENTRANT, SPONSOR, AND ALL PARTIES TO ANY SUCH PROCEEDING.
12. Governing Law. These Official Rules and the Giveaway are governed by U.S. laws and are subject to all applicable federal, state, and local laws and regulations. All issues and questions concerning the construction, validity, interpretation, and enforceability of the Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Giveaway, shall be governed by, and construed in accordance with, the laws of the State of Colorado, without giving effect to the conflict of laws rules thereof.
13. Severability. If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. Sponsor may, in its discretion, replace the invalidated or unenforceable provisions with valid and enforceable provisions that, in Sponsor’s discretion, fulfill the intent of the Giveaway and these Official Rules.
14. Copy of Winner List and Official Rules. For the name of the winner or copy of these Official Rules, send your request to Sponsor, Attn: Aurora Highlands Grand Opening Model Home Tour Giveaway Winner List, 3900 E-470, Aurora, CO 80019. All such requests must be received by August 31, 2023.
15. Abbreviated Rules. No purchase or payment of any kind is necessary to enter or win the Giveaway. A purchase will not increase your chances of winning. Giveaway begins on 07/15/23 and ends on 07/16/23. Void where prohibited. Official Rules available here: aurorahighlands.com/GO-rules.
