A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Agreement to Official Rules. Participation in the Meritage Homes “Website Survey” 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 are legal residents of, and physically located within, any of the fifty (50) United States (including the District of Columbia) and who are the legal age of majority or older within their state of residence at time of entry. The Sweepstakes is void where prohibited or restricted by law. The Sweepstakes is sponsored by Sponsor. All the directors, officers, employees, and sales representatives 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 Periods. There will be approximately four (4) 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 October 24, 2017, and ending October 27, 2017, a Periodic Sweepstakes period will commence at 12:01 A.M. PDT on each calendar day (the “Start Date”) and will end as of 11:59:59 P.M. PDT on such calendar day (the “End Date”). To enter the Sweepstakes during a Periodic Sweepstakes entry period, an eligible entrant must complete and submit the website survey via the survey link appearing when such entrant accessed the Meritage Homes website (collectively, an “Entry”). There is no fee to submit an Entry. Once an eligible entrant has submitted an Entry during the applicable Periodic Sweepstakes period, such entrant will receive one (1) entry into the Periodic Sweepstakes in effect at the time of such entry, if any. Only Entries submitted in compliance with these Official Rules will be accepted. Entrant acknowledges that any breach or violation of these Official Rules shall immediately disqualify the entrant during any phase of the Sweepstakes. Any entries attempted through the use of agencies or robotic, repetitive, automatic, programmed, or similar methods will be void. 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. There is a limit of one (1) entry per person/authorized account holder during the overall Sweepstakes.
6. Periodic Sweepstakes Drawings. On or about the first business day following each applicable Periodic Sweepstakes (each a “Periodic Sweepstakes Drawing Date”), the Sweepstakes administrator will randomly select one (1) potential Periodic Sweepstakes winner for the applicable Periodic Sweepstakes from among the eligible Entries received between the applicable Periodic Sweepstakes Start Date and End Date. The potential Periodic Sweepstakes winner will be notified by Sponsor via email at the email address provided on the entry form. If any such potential winner declines in writing to accept a prize, Sponsor is unable to contact such potential winner within a reasonable time period (not to exceed 72 hours), or any documents are not returned within the specified time period, or such 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) fifty dollars ($50) virtual certificate link from Hallmark Business Connections®, which can be redeemed for gift certificates from various national merchants. Aggregate approximate retail value (“ARV”) of all of the Periodic Sweepstakes Prizes is $200.00. Each Periodic Sweepstakes prize is subject to the terms and conditions of Hallmark Business Connections® and the selected merchant(s) – see http://hallmarkbusinessconnections.custhelp.com. 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 entering the Sweepstakes, each entrant consents to the use of such entrant’s name, voice, and likeness, and all accompanying personally identifiable information such entrant submits, via all forms of media now known or hereafter devised worldwide, in perpetuity, without notice, attribution, or compensation to such 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; and/or (b) contact and publicize potential winners. 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 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(s) 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/WebsiteSurvey or send a self-addressed, stamped envelope to: Meritage Homes “WebsiteSurvey” 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 1, 2018.
14. Sponsor. 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.
© 2017 Meritage Homes Corporation. All rights reserved.
Meritage Homes® is a registered trademark of Meritage Homes Corporation. All rights reserved.
Hallmark Business Connections® is a registered trademark of Hallmark Licensing, Inc. All rights reserved. Hallmark Licensing, Inc. is not affiliated with Sponsor and does not sponsor, endorse, approve, or have any responsibility for this Sweepstakes.