OFFICIAL RULES FOR MERITAGE HOMES “CONSUMER INSIGHTS” SWEEPSTAKES
“2020/2021 CONSUMER INSIGHTS” SWEEPSTAKES
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Agreement to Official Rules. Participation in the Meritage Homes “2020/2021 Consumer Insights” Sweepstakes (the “Sweepstakes”) constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of Meritage Homes Corporation, 8800 East Raintree Drive, Suite 300, Scottsdale, AZ 85260 (the “Sponsor”), which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein. Any personal information you provide will only be used for administering the Sweepstakes and in accordance with Sponsor’s privacy policy as described below.
2. Odds. The odds of winning will depend on the number of eligible entries received and each winner will be selected at random.
3. Eligibility. The Sweepstakes is open only to natural persons who, at the time of entry and through the Sweepstakes Drawing Date: (a) are legal residents of, and physically located within, any of the fifty (50) United States (including the District of Columbia), (b) are the legal age of majority or older within their state of residence at time of entry, and (c) have received a Consumer Insight Survey Invitation (a “Survey Invitation”) from Sponsor during a Periodic Sweepstakes entry period (as described below). The Sweepstakes is void where prohibited or restricted by law. The Sweepstakes is sponsored by Sponsor. All the directors, officers, employees, sales representatives, and agents of Sponsor, and those of its subsidiaries, affiliates, distributors, licensees, agents, website administrators, advertising and Sweepstakes agencies, and any immediate family members (spouses, parents, children, and siblings and their respective spouses, regardless of where they reside) and those living in the same household (whether related or not) of any of the foregoing, are not eligible to participate in the Sweepstakes. Any person who has won a prize in any sweepstakes or contest of Sponsor or any of its affiliates within the one year period prior to the commencement of the Sweepstakes, and any immediate family members (spouses, parents, children, and siblings and their respective spouses, regardless of where they reside) and those living in the same household (whether related or not) of such person, are not eligible to participate in the Sweepstakes. Further, a person shall be eligible only for one of the prizes to be awarded under the overall Sweepstakes and, accordingly, any person that has won a prize under the overall Sweepstakes will not be eligible to participate in the balance of the Sweepstakes.
4. Entry Period. There will be approximately five (5) separate periodic sweepstakes, as described in Section 5 below (each a “Periodic Sweepstakes”). An eligible entry submitted during a Periodic Sweepstakes entry period (as described in Section 5 below) will be eligible for the Sweepstakes drawing for such Periodic Sweepstakes entry period. Sponsor’s computer will be the official Sweepstakes entry period clock. Entries that are submitted before a Periodic Sweepstakes entry period or after a Periodic Sweepstakes entry period will be disqualified.
5. How To Enter. Commencing June 1, 2020, and ending December 31, 2021, a Periodic Sweepstakes period will commence at 12:01 A.M. PDT on the first day of each calendar quarter (the “Start Date”) and will end as of 11:59:59 P.M. PDT on the last day of such calendar quarter (the “End Date”). There are two ways to enter the Sweepstakes during a Periodic Sweepstakes entry period. An eligible entrant will receive one (1) entry into the Periodic Sweepstakes in effect at the time of entry (an “Entry”), if any, by doing the following: (a) Survey Invitation – follow the instructions in the Survey Invitation to access and complete the Consumer Insight Survey (the “Survey”); or (b) Mail - alternatively, an eligible entrant may legibly print on a plain 3” x 5” card the entrant’s name, age, complete mailing address, city, state, zip code, daytime phone number (including area code), and email address, and mail the card and the Survey Invitation received by such eligible entrant in a postage-affixed sealed envelope to: 2020/2021 Consumer Insights Sweepstakes, Meritage Homes Corporation, Attn: Corporate Marketing Administrator, 8800 E Raintree Dr., Suite 300, Scottsdale, AZ 85260. Mail-in entries must be postmarked during a Periodic Sweepstakes entry period and received within five days following a Periodic Sweepstakes entry period to be eligible. Entry void if incomplete or if not legible. No mechanically or programmatically reproduced entries are permitted. Limit one (1) entry per outer envelope. There is no fee to submit an Entry. Any entries attempted through the use of agencies or robotic, repetitive, automatic, programmed, or similar methods will be void. Only Entries submitted in compliance with these Official Rules will be accepted. None of the “Released Parties” (as defined below) is responsible for any entries that are lost, late, misdirected, incorrect, garbled, or incompletely received, for any reason, including by reason of hardware, software, browser, or network failure, malfunction, congestion, or incompatibility at Sponsor’s servers or elsewhere, which entries are void. Regardless of the method of entry, there is a limit of one (1) entry per eligible entrant during each Periodic Sweepstakes.
6. Periodic Sweepstakes Drawings. On or about the first business day occurring ten (10) days following each applicable Periodic Sweepstakes (each a “Periodic Sweepstakes Drawing Date”), the Sweepstakes administrator will randomly select two (2) potential Periodic Sweepstakes winners for the applicable Periodic Sweepstakes from among the eligible Entries received between the applicable Periodic Sweepstakes Start Date and End Date. Each of the potential Periodic Sweepstakes winners will be notified by Sponsor contacting such potential winner via the contact information provided on the Survey response or the mail-in entry, as applicable. If a potential winner declines in writing to accept a prize, Sponsor is unable to contact a potential winner within a reasonable time period (not to exceed 72 hours), or any documents (including, without limitation, a IRS W-9 form) are not returned within the specified time period, or a potential winner is not otherwise in compliance with these Official Rules, the prize will be forfeited and, at Sponsor’s sole discretion and time permitting, it may select an alternate winner from all remaining eligible entries. There will be a maximum of three (3) alternate drawings after which the prize will remain unawarded. Limit one (1) prize per person/per authorized account holder/per household during the overall Sweepstakes. The right to receive any prize is non-assignable and non-transferrable, and no prize substitution, exchange, or cash equivalent will be allowed except by Sponsor, who reserves the right to substitute a prize of equal or greater value in case of unavailability of prize or a force majeure event.
7. Periodic Sweepstakes Prizes. The winner of each Periodic Sweepstakes will receive one (1) One Thousand Dollar ($1,000.00) credit at InComm® Incentives. The aggregate approximate retail value (“ARV”) of all of the prizes for each Periodic Sweepstakes is $1,000.00. Each Periodic Sweepstakes prize is subject to the terms and conditions of InComm® with respect to the redemption of the credit and of the underlying provider of any gift card or other incentive obtained from InComm® with respect to such gift card / incentive. No interest will be paid on any prizes. All income and other taxes (including, without limitation, federal, state, local, and/or use taxes) on or connected with any prize, and the reporting consequences thereof, are solely the responsibility of respective winners. If required by law, Sponsor reserves the right to withhold and remit to the appropriate taxing authorities the amount of any taxes due. Expenses not stated for any prize are the sole responsibility of the winner. Prizes will be awarded within 60 days following winner confirmation. Other restrictions may apply.
8. Conditions/Use Rights. By participating in the Sweepstakes, each entrant consents to the use of the entrant’s name, voice, and likeness, and all accompanying personally identifiable information entrant submits, via all forms of media now known or hereafter devised worldwide, in perpetuity, without notice, attribution, or compensation (other than the specific prize described herein) to entrant, his/her successors or assigns, or any other entity, except where prohibited by law. If Sponsor requests the entrant’s cooperation in promoting the Sweepstakes, the entrant agrees to be reasonably available for such promotional activities.
9. Privacy. By participating in the Sweepstakes, each entrant authorizes Sponsor to collect, use, process, transfer, and store all data provided by entrant, including without limitation, personal data, in the United States or any location(s) throughout the world that Sponsor deems necessary, whether within entrant’s country of residence or elsewhere, and with such party/parties as Sponsor deems appropriate, for purposes of administration of the Sweepstakes. All information submitted to Sponsor as part of this Sweepstakes will be treated in accordance with Sponsor’s privacy statement, available at: http://www.meritagehomes.com/about/privacy.shtml. Personal information will be used only to: (a) provide information about the Sweepstakes; (b) contact and publicize potential winners; and/or (c) if an entrant selects to receive additional information from Sponsor on the entry form, to send additional information to that entrant during or after the Sweepstakes Period. Entrants to the Sweepstakes will be given the option to receive commercial e-mails from Sponsor; however, eligibility to participate in the Sweepstakes is not dependent upon entrant’s consent to receive such e-mails. Entrants must fully complete and submit all non-optional data requested on the Survey/entry form to be eligible. Entrants have the right to withdraw and correct their personal data, but entrants are not allowed to re-submit their entries. Directions on procedures for submitting corrections to personal data are provided in the privacy statement of Sponsor.
10. Release and Limitations on Liability. By participating in the Sweepstakes, each entrant agrees to release and hold harmless Sponsor and each of its subsidiaries, affiliates, sales representatives, distributors, website administrators, licensees, agents, advertising and Sweepstakes agencies, and all directors, officers, and employees of any of the foregoing entities (the “Released Parties”), from and against any claim or cause of action arising out of or relating to participation in the Sweepstakes, or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Sweepstakes; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors; (d) lost, late, misdirected, incorrect, garbled, or incompletely received entries; (e) errors in the administration of the Sweepstakes or the processing of entries; (f) injury or damage to entrant, third persons, or property that may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or acceptance, receipt, use, or misuse of any prize, or travel to any Sweepstakes-related events; and (g) any claims based on publicity rights, copyright/trademark infringement, intellectual property rights, defamation, or invasion of privacy and merchandise delivery. Each entrant further agrees to release the Released Parties and their designees and assigns from any liability whatsoever, and waive any and all causes of action, for any claims, costs, injuries, losses, and/or damages of any kind arising out of, relating to, or in connection with the Sweepstakes or acceptance, possession, or use of any prize (including, without limitation, attorneys’ fees, claims, costs, personal injuries, losses, and/or damages related to personal injuries, death, damage to or destruction or 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. Sponsor is not responsible if any prize cannot be awarded due to travel cancellations, delays, or interruptions due to acts of God, acts of war, natural disasters, weather, acts of terrorism, or other force majeure events.
11. DISPUTES. THE SWEEPSTAKES IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF ARIZONA, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE EXCLUSIVELY IN THE COUNTY OF MARICOPA, ARIZONA. ENTRANT HEREBY AGREES AND IRREVOCABLY CONSENTS TO (1) HAVING ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS DRAWING OR ANY PRIZE AWARDED TO BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND (2) THE EXCLUSIVE PERSONAL JURISDICTION OF SAID COURTS AND ARBITRATION PROCEEDINGS AND WAIVE ANY CLAIM OF FORUM NON CONVENIENS OR LACK OF PERSONAL JURISDICTION THAT ENTRANT MAY HAVE. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN ARIZONA. ANY CLAIM, JUDGMENT, AND/OR AWARD SHALL BE LIMITED IN ALL EVENTS TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING THE COSTS INCURRED WITH ENTERING THE SWEEPSTAKES, BUT IN NO EVENT ATTORNEYS’ FEES. UNDER NO CIRCUMSTANCES WILL ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM, INDIRECT, PUNITIVE, INCIDENTAL AND CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES, AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, AND ALL RIGHTS TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.
12. Miscellaneous. The decisions of Sponsor are final with respect to all aspects of this Sweepstakes. In the event that the operation, security, or administration of the Sweepstakes is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problems, or any condition caused by events beyond the reasonable control of Sponsor that may cause the Sweepstakes to be disrupted or corrupted, Sponsor may, in its sole discretion, either: (a) suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; or (b) award the prize from among the non-suspect, eligible entries received up to the time of the impairment. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process and/or the operation of the Sweepstakes, to be acting in violation of these Official Rules or any applicable laws relating to the Sweepstakes, or in an unsportsmanlike or disruptive manner, and to resolve all disputes in its sole discretion. Any attempt by any person to undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to report such violation and to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Sponsor may disqualify any entrant(s), during or after any Periodic Sweepstakes entry period, if: (i) any such entrant harms or publicly disparages Sponsor during or after any Periodic Sweepstakes entry period; (ii) Sponsor learns of any such entrant’s previous, current, or future immoral, illegal, or inappropriate acts; (iii) any such entrant provides false information about the Sweepstakes to Sponsor or the public; (iv) any such entrant uses Sponsor’s trademarks or otherwise inappropriately associates the entrant with Sponsor; or (v) any such entrant does not obtain Sponsor’s prior written approval before providing interviews or public comment related to the Sweepstakes.
13. Winners List; Official Rules. For a list of winners and/or a copy of these Official Rules, visit www.MeritageHomes.com/ConsumerInsightsSweepstakes or send a self-addressed, stamped envelope to: Meritage Homes “2020/2021 Consumer Insights” Sweepstakes, Meritage Homes Corporation, 8800 East Raintree Drive, Suite 300, Scottsdale, AZ 85260. Requests for the winners list will only be accepted after the end of the last Periodic Sweepstakes entry period and must be received by March 28, 2022.
14. Sponsor. The Sponsor of this Sweepstakes is Meritage Homes Corporation. Entrants shall not use the trademarks of Sponsor or falsely associate themselves with Sponsor during or after any Periodic Sweepstakes entry period.
© 2020 Meritage Homes Corporation. All rights reserved.
Meritage Homes® is a registered trademark of Meritage Homes Corporation. All rights reserved. InComm® and all names and marks associated with any gift cards or other incentives offered by InComm® are owned by their respective owners, none of whom are affiliated with Meritage Homes, nor do they sponsor, endorse, or have any responsibility for this promotion.