OFFICIAL RULES FOR MERITAGE HOMES “SURPRISE SQUAD” 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 “Surprise Squad” Sweepstakes 2019 (the “Sweepstakes”) constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of Meritage Homes of Florida, Inc., 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 have received an invitation to participate in the Surprise Squad Sweepstakes and are, at the time of entry and through the Sweepstakes Drawing Date (as defined below): (i) legal residents of, and physically located within, the State of Florida, (ii) the legal age of majority or older within the State of Florida, and (iii) a real estate professional holding a valid license as a real estate broker in the State of Florida at time of entry and through the Sweepstakes Drawing Date. 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.
4. Entry Period. The Sweepstakes begins on April 22, 2019 and ends at 5:00 PM Eastern Daylight Time on April 26, 2019 (the “Sweepstakes Period”). An eligible entry (as described in Section 5 below) submitted during the Sweepstakes Period will be eligible for the Sweepstakes drawing. Sponsor’s computer will be the official Sweepstakes Period clock. Entries that are submitted before or after the Sweepstakes Period will be disqualified.
5. How To Enter. To enter the Sweepstakes during the Sweepstakes Period an eligible entrant must click the “Enter the Drawing” link in the email invitation for the Sweepstakes and fully complete and submit the entry form found at such link (collectively, an “Entry”). There is no fee to submit an Entry. Once an eligible entrant has submitted an Entry during the Sweepstakes Period, such entrant will receive one (1) entry into the Sweepstakes. Any entries attempted through the use of agencies or robotic, repetitive, automatic, programmed, or similar methods will be void. There is a limit of one (1) entry per person/authorized account holder during the Sweepstakes Period. “Authorized account holder” is defined as the natural person who is assigned to the e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. In the event of a dispute as to any Entry submitted, entries submitted will be deemed made by the authorized account holder of the email address at the time of entry. Proof of being the authorized account holder may be required. Only entries submitted as provided above and otherwise 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.
6. Sweepstakes Drawing. On or about the first business day following the Sweepstakes Period (the “Sweepstakes Drawing Date”), the Sweepstakes administrator will randomly select five (5) potential Sweepstakes winners for each of the Orlando, Tampa, and South Florida markets from among the eligible Entries received during the Sweepstakes Period from eligible entrants in such market. All market determinations will be made by Sponsor in its sole and absolute discretion. Each potential Sweepstakes winner will be notified by Sponsor via email at the email address provided on the entry form. If such 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 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. 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. Sweepstakes Prize. Each winner of the Sweepstakes will receive a visit from Sponsor’s “surprise squad” at its office location, at which time the winning broker and all license real estate agents licensed under such winning broker and present at the time (must be present to win) may submit a business card for an on-site drawing at which Sponsor’s surprise squad will select up to five (5) prize winners (number of on-site drawing prize winners may not exceed number of on-site drawing entrants). Each prize winner may select from among the available prize selection brought by Sponsor’s surprise squad to the on-site drawing. Prizes brought to each on-site drawing may vary based on availability and other factors, but total Sweepstakes prizes will be not less than the following for each of the Orlando, Tampa, and South Florida markets: five (5) Echo Spots, each with an approximate retail value (“ARV”) of $129.99; five (5) Tile item finders, each with an ARV of $22.26; three (3) Ring Doorbells, each with an ARV of $199.99; five (5) RH Linen Throws, each with an ARV of $69.99; five (5) Williams Sonoma cheese board, each with an ARV of $59.99; and five (5) Anker Wireless Chargers, each with an ARV of $19.99. Aggregate ARV will vary based on the individual prizes selected by the on-site drawing winners. 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. Any expenses not stated for any prize are the sole responsibility of the winner. Other restrictions may apply. If any on-site drawing winner is not present at the time of the on-site drawing, declines in writing to accept a prize, or any documents are not returned within the specified time period, or a potential on-site drawing 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 for the on-site drawing. There will be a maximum of three (3) alternate drawings after which the prize will remain unawarded. 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.
8. Conditions/Use Rights. By participating in the Sweepstakes, each entrant (for the overall Sweepstakes and/or an on-site drawing) 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 (for the overall Sweepstakes and/or an on-site drawing) 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 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 (for the overall Sweepstakes and/or an on-site drawing) agrees to release and hold harmless Sponsor and its parent company, and their respective 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 FLORIDA, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE EXCLUSIVELY IN THE ORANGE COUNTY, FLORIDA. EACH ENTRANT (FOR THE OVERALL SWEEPSTAKES AND/OR AN ON-SITE DRAWING) 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 the Sweepstakes Period, if: (i) any such entrant harms or publicly disparages Sponsor during or after the Sweepstakes 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 https://www.meritagehomes.com/state/fl/orlando/Surprise-Squad-Sweepstakes-2019/ or send a self-addressed, stamped envelope to: Meritage Homes “Surprise Squad” Sweepstakes, Meritage Homes of Florida, Inc., 8800 East Raintree Drive, Suite 300, Scottsdale, AZ 85260. Requests for the winners list will only be accepted after the end of the Sweepstakes Period and must be received by August 1, 2019.
14. Sponsor. The Sponsor of this Sweepstakes is Meritage Homes of Florida, Inc. Entrants shall not use the trademarks of Sponsor or falsely associate themselves with Sponsor during or after the Sweepstakes Period. ©2019 Meritage Homes Corporation. All rights reserved. Meritage Homes® is a registered trademark of Meritage Homes Corporation. All rights reserved. All names and marks associated with the sweepstakes prize 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.