“Harvest of Homes” SWEEPSTAKES

OFFICIAL RULES

NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.  PURCHASING OR MAKING A REFERRAL WILL NOT INCREASE THE CHANCES OF WINNING.  THIS SWEEPSTAKES IS INTENDED FOR THE PARTICIPANTS RESIDING IN GREATER HOUSTON, TEXAS.  DO NOT ENTER IF YOU DO NOT RESIDE IN GREATER HOUSTON, TEXAS AT THE TIME OF ENTRY.  INTERNET ACCESS IS REQUIRED TO PARTICIPATE.  VOID WHERE PROHIBITED OR RESTRICTED BY LAW.  SUBJECT TO ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS.

AFFIDAVIT (OR DECLARATION) OF ELIGIBILITY,  RELEASE OF LIABILITY, AND  TAX DOCUMENTS ARE REQUIRED TO ACCEPT PRIZE IF REQUESTED BY SPONSOR.

PLEASE READ THESE OFFICIAL RULES CAREFULLY BEFORE ENTERING. BY ENTERING (OR OTHERWISE PARTICIPATING) IN THE SWEEPSTAKES, YOU AGREE TO THESE OFFICIAL RULES, WHICH CREATE A CONTRACT. WITHOUT LIMITATION, SUCH CONTRACT INCLUDES GRANTS OF RIGHTS AND INDEMNITIES TO SPONSOR FROM YOU, A CLASS ACTION WAIVER, AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.

1. General. The “Harvest of Homes” Sweepstakes (the “Sweepstakes”) is sponsored by Shea Home Houston, LLC with its address at 7906 North Sam Houston Parkway, Suite 250, Houston, Texas 77064  (“Sponsor”). The Sweepstakes is subject to these official terms and conditions (“Official Rules”) and to all applicable federal, state and local laws.  The odds of winning depend on the number of eligible entries received from eligible participants (the “Entrant” or “You”). Entrants who enter into the Sweepstakes agree to be bound by the Official Rules.
2. Agreement to Official Rules. All participation in this Sweepstakes shall be governed by these Official Rules.  By participating in the Sweepstakes, you fully and unconditionally agree to be bound to and accept these Official Rules and any additional terms and conditions specific to the Sweepstakes communicated by Sponsor or any of the Sweepstakes Entities (defined below). By participating, you agree to be bound to the decisions of the Sponsor (and its authorized representatives), which are final and binding in all matters.
3. Eligibility. This Sweepstakes is only open to individuals who are: (i) eighteen years of age or older; (ii) legal residents of the United States; and (iii) physically residing in Greater Houston, Texas.  Verification of individual Entrant’s eligibility may be required at the time you submit your entry or if selected as a Potential Winner.  This Sweepstakes is only open to natural persons and the following are ineligible: corporations, businesses, non-profit organizations, governmental agencies or other entities.  Employees of Sponsor, Chesmar Homes, LLC, Perry Homes, LLC and any of either of their affiliates, parent, subsidiaries, prize providers, contractors, advertising and sweepstakes agencies and all other service agencies involved with the Sweepstakes (collectively, the “Sweepstakes Entities”), together with the immediate families (spouses, parents, children, siblings, and their respective spouses) and those persons living in the same household (whether or not related) as such employees are not eligible to enter.
4. Entry Period. The Sweepstakes begins on October 1, 2024 at 10:00 a.m. Central Standard Time and ends on October 31, 2024 at 6:00 p.m. Central Standard Time (the “Entry Period”).
5. How to Enter. No purchase or payment is necessary to enter or to win.  During the Entry Period, you may enter the Sweepstakes in one of the two methods below (each, an “Entry”):
   1. 1. Evergreen Model Home Tour. During the Entry Period, Participants may visit the Evergreen Community located in Conroe, Texas and tour one of the eight available model homes.  Upon completion of your tour, your guide will provide you with instructions on how to the enter the Sweepstakes.
      2. Alternative Method of Entry. Participants may enter the Sweepstakes by visiting the https://evergreen-texas.com/grandopening and following the on-screen instructions provided by Sponsor to submit their Entry.  To complete this method of entry, you will be required to provide your full legal name, date of birth, email address, phone number, and home address. Once you have entered all of the required information and accepted the terms and conditions, including these Official Rules, you will be prompted to “Submit” your Entry.

Sponsor is not responsible for lost, late, illegible, corrupted, or misdirected Entries.

No other form of Entry into the Sweepstakes will be permitted.  Unless otherwise provided by Sponsor, all Entries become the property of Sponsor and will not be returned to entrants.    

Limit one (1) Entry; multiple Entries will not be accepted.

Normal internet access or device usage charges imposed by mobile carriers may apply to Entries submitted via mobile device. Messaging & data rates apply to internet access via mobile devices. Other charges may apply; check with the applicable mobile carrier for rates/details. Consent may not be condition of purchase or imposition of messaging, data rates and other charges imposed by mobile carriers.

1. Random Drawing. A grand prize winner will be selected in a random drawing (“Potential Winner”) on or around November 1, 2024 (“Winner Selection Date”), from all eligible entries received during the Entry Period. Odds of winning depend on the number of eligible entries received. By entering the Sweepstakes, Entrants fully and unconditionally agree to be bound by these Official Rules and the decisions of the Sponsor, which will be final and binding in all matters relating to the Sweepstakes.

The potential winner will be notified of their selection in an initial notification e-mail. Potential Winner must follow the Prize claim instructions provided as part of the initial notification and any subsequent claim instructions, otherwise the Prize will be forfeited in its entirety. Winning is subject to verification of eligibility, including verification of age, and compliance with all terms and conditions of these Official Rules. Failure to respond to the initial notification within five (5) days will result in disqualification. To claim the Prize, Potential Winner will be required to sign and return within five (5) days, where legal, the Eligibility Affidavit, General Liability and Publicity Release, and Tax Liability Waiver (collectively the “Winner’s Documents”), which will be provided to Potential Winner in due time. If Potential Winner cannot be contacted in the first two (2) attempts, fails to sign and return the Winner’s Documents within the required time period, or if any Prize notification is returned as undeliverable, or if Potential Winner or Winner rejects its Prize, or in the event of noncompliance with these Official Rules and requirements, such Prize will be forfeited, and an alternate Potential Winner may be selected from all remaining eligible entries. Upon any Prize forfeiture, Sponsor will give no compensation.

Entrants agree to permit any of the Sweepstakes Entities to contact them concerning the Sweepstakes.  Winners agree to permit Sponsor to publicize, unless not permitted by applicable law, Winner’s names.

1. Prize.  The winner will receive a cash prize of in the amount of Five Hundred Dollars and Zero Cents ($500.00 USD).  The cash prize will be awarded in the form of a corporate check from Sponsor or a gift card. Any and all taxes on prize are the sole responsibility of the winner. Prize is non-transferable and no substitution or cash equivalent is allowed except in Sponsor’s sole discretion. Sponsor reserves the right to substitute prize of the same approximate retail value.  Additional terms and conditions may apply. 

1. Claiming the Prize. The potential winner will be subject verification, including verification of age, residency status and physical residence.  If the winner is deemed by Sponsor to be ineligible or not to have complied with these Official Rules then the prize will be forfeited by the potential winner.  The potential winner must provide Sponsor with all information required to claim the prize (including any necessary tax identification information). The potential winner shall sign and return to Sponsor a liability and publicity release, affidavit/declaration of eligibility, and any necessary tax documents (hereinafter collectively referred to as the “Required Documentation”) by a date determined by Sponsor in form and substance satisfactory to Sponsor. If any of the Required Documentation is not timely completed, signed, and returned, then the prize will be forfeited by the potential winner and an alternate winner may be selected from among all eligible entries timely received, if time permits.   Sponsor will endeavor to deliver the prize within thirty (30) days of receipt of the Required Documentation.  Sponsor will deliver the prize to the winner’s address or email address on file with the Sponsor.  Sweepstakes Entities are not responsible for any undelivered emails, messages or any other communications, including but not limited to those that are not received because of the winner’s privacy or spam filter settings that may divert any email, message or other Sweepstakes related email to a spam or junk folder.     

1. Taxes.  The winner is solely responsible for any and all federal, state, municipal and local taxes, fees and other government assessments associated with receipt and use of a prize or participation in this Sweepstakes.  Federal and state withholding laws are subject to change without notice. The withholding laws in effect at the time the prize is claimed will be followed, and the winner may be issued a Form 1099-MISC (if required) showing prize ARV as income to winner, which the winner will be required to sign at a time and in a manner determined by Sponsor in its sole discretion.

1. General

1. Sponsor reserves the right in its sole discretion to disqualify any individual who: (i) tampers or attempts to tamper with the operation of the Sweepstakes, including the Entry process or the Sponsor’s website; (ii) violates the Official Rules; or (iii) acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT BY A PARTICIPANT OR ANY OTHER INDIVIDUAL 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, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.

1. Sweepstakes Entities are not responsible for any incorrect or inaccurate information, whether caused by website users, human error, tampering, hacking or by any of the equipment or programming associated with or utilized in the Sweepstakes and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission (including availability or accessibility of the internet), incompatibility, communications failure, theft, loss or destruction of Entries, nor for the failure to capture Entry or other information.  Sweepstakes Entities are not responsible for injury or damage to participants’ or to any other person’s computer or mobile device related to or resulting from downloading materials from or use of any Website. If, for any reason, the Sweepstakes or any element thereof is not capable of running as planned by reason of, but not limited to, tampering, unauthorized intervention, fraud, force majeure, technical or other failures or errors, or any other causes similar or dissimilar which Sponsor deems, in its sole opinion, could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes or any element thereof, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes or element thereof and select the winner from non-suspect, eligible entries received prior to the action or as otherwise may be deemed fair and equitable by Sponsor. In the event of any discrepancy, ambiguity, inconsistency, printing or any other error or miscommunication in any communications, announcements, advertising or promotional materials relating to this Sweepstakes, these Official Rules shall govern.

1. Prize is awarded “as is” without any express or implied warranty or guarantee from Sponsor, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Only the prize as described herein are available to be awarded; in no event will the Sweepstakes Entities be responsible for awarding more or different prizes than stated herein. Prize cannot be assigned, transferred, or substituted, except by Sponsor who may, at its sole discretion, substitute a prize or any part thereof with a prize of equal or greater value. If applicable, Prize is not redeemable for cash; any difference between the actual value and ARV of the prize will not be awarded as cash, or otherwise unless otherwise stated.

1. Social Media Disclosure. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Facebook, Instagram, Twitter, YouTube, Google or any other social media or similar platform where this Sweepstakes may be promoted, advertised or otherwise used to disseminate information relating to the Sweepstakes. You understand that all information is being provided to Sponsor and not to Facebook, Instagram, Twitter, YouTube, Google or any other social media where this Sweepstakes may be promoted, advertised or otherwise used to disseminate information relating to the Sweepstakes. Sponsor is not responsible for practices, terms or actions taken by any of these or other social media and web services sites. You understand that you are required to comply with terms and conditions of those social media platforms.

1. Publicity Release.  By participating in the Sweepstakes, you grant (and agree to confirm that grant in writing, if necessary) Sponsor or Sponsor’s authorized representatives the right to use your Entry, name, biographical information, likeness, image, voice, and statements for promotion, trade, commercial, and publicity purposes, at any time or times, in all media now known or hereafter discovered, including television, internet and social media, worldwide, without notice, review or approval and without additional notice, compensation or consent except where prohibited by law.  Submission of content to be posted online constitutes permission for same.

1. Privacy. Information submitted in connection with the Sweepstakes will be treated in accordance with these Official Rules and the Sponsor’s Privacy Policy and Terms of Use, which may be amended from time to time and are currently located at [Shea Homes Privacy Policy].  By submitting an Entry, you agree to be contacted by Sponsor with Sweepstakes related communications.  The information you provide will be used as stated herein and the aforementioned policies, and for purposes of this Sweepstakes.

1. Release

By entering, entrant agrees to accept and abide by the rules of this Sweepstakes and agrees that any dispute with regard to the conduct of this Sweepstakes, rule interpretation, or award of prize shall be submitted to Sponsor, whose decision shall be binding and final. By participating, entrant agrees to release and hold harmless Sponsor, participating dealers and retailers, affiliates, sales representatives, distributors, and promotional and other vendor agencies, their respective parent companies, affiliates, subsidiaries, service agencies, independent contractors, and the officers, directors, employees, agents, and representatives of any of the above organizations from any injury, loss, or damage to person, including death, or property due in-whole or in-part, directly or indirectly, to the acceptance or use/misuse of a prize, participation in any Sweepstakes-related activity, or participation in the Sweepstakes.

Sponsor has the right but not the obligation to post any submission for worldwide viewing on the Internet. Submission cannot defame or invade the rights or privacy of any person, living or deceased, or otherwise infringe upon any third party’s personal, proprietary, or intellectual rights. Submission cannot contain illegal or unlawful material, and must not promote bigotry, racism, harm, or discrimination. Submission must be consistent with Sponsor’s reputation in the marketplace and must be suitable for audiences of all ages. Submissions which, in Sponsor’s sole discretion, contain any type of vulgarity or objectionable content will not be posted. Submissions that do not meet these stated criteria, or entries that, in Sponsor’s sole discretion, may technically meet the stated criteria but do not reflect the intent and the spirit of the Sweepstakes, will not be posted.

Sponsor is not responsible for any typographical or other error in the printing of this offer, administration of the Sweepstakes, or in the announcement of the prize, including erroneous appearance of qualification for a prize, and under no circumstances will more than the stated number of prizes be awarded. Sponsor reserves the right, in its sole and absolute discretion, to modify, cancel, or suspend this Sweepstakes, or to amend the Official Rules at any time, without prior individual notice, should any factor interfere with the administration, security, or proper play of this Sweepstakes as contemplated by these Official Rules. If for any reason Sponsor is prevented from continuing with this Sweepstakes, or the integrity and/or feasibility of the Sweepstakes is severely undermined by any event including but not limited to fire, flood, pandemic, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state, or local government law, order or regulation, order of any court or jurisdiction, Sponsor shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel, or terminate the Sweepstakes without further obligation. If Sponsor in its discretion elects to so abbreviate the Sweepstakes, Sponsor reserves the right, but not the obligation, to award the prize from among all eligible entries received to date. All entries are the property of Sponsor and are not returnable.

This Sweepstakes is intended for viewing in the United States only and shall be construed and evaluated only according to United States law. Do not enter this Sweepstakes if you are not located in the United States and, more specifically, comply with eligibility requirements in Section 3. The use of any automated devices in connection with this Sweepstakes is prohibited. Sponsor assumes no responsibility for computer system, hardware, software, or program malfunctions or other errors, failures, delayed computer transactions, or network connections, whether human, technical, or otherwise in nature. Sponsor reserves the right, in its sole discretion, to cancel or suspend this Sweepstakes should virus, bugs, or other causes beyond its control corrupt the administration, security, or proper play of this Sweepstakes. Sponsor is not responsible for any injury or damage to any person’s computer or related equipment resulting from or relating to participation in this Sweepstakes or downloading/uploading any material related to this Sweepstakes. Entries will be deemed made by the authorized account holder of the e-mail address submitted at the time of Entry. In the event of a dispute, the potential winner may be required to provide proof that he or she is the authorized holder of the identified e-mail account.

1. Force Majeure. Sweepstakes Entities shall not be liable to participants, the winner or any other person or entity for failure to execute the Sweepstakes, or supply a prize or any part thereof, by reason of any act of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulation, order or request proves to be invalid), equipment failure, terrorist act, cyber-attack, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, epidemics, pandemics, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, cancellation or delay of any event, or any similar or dissimilar event beyond their reasonable control.

1. Disputes/Choice of Law. EXCEPT WHERE PROHIBITED, EACH ENTRANT AGREES THAT: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SWEEPSTAKES OR ANY PRIZE AWARDED SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND EXCLUSIVELY BY STATE OR FEDERAL COURTS SITUATED IN TEXAS, (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, BUT IN NO EVENT ATTORNEYS’ FEES, (3) NO PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, MAY BE AWARDED (COLLECTIVELY, “SPECIAL DAMAGES”), AND (4) ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM SPECIAL DAMAGES AND ALL RIGHTS TO SUCH DAMAGES MULTIPLIED OR INCREASED. TEXAS LAW, WITHOUT REFERENCE TO CHOICE OF LAW RULES, GOVERNS THE SWEEPSTAKES AND ALL ASPECTS RELATED THERETO.

1. Severability. The invalidity, illegality, or unenforceability of any provision of these Official Rules shall in no way affect the validity, legality, or enforceability of any other provision hereof. Any invalid, illegal, or unenforceable provision shall be deemed severed from these Official Rules and the balance of these Official Rules shall be construed and enforced as if these Official Rules did not contain such invalid, illegal, or unenforceable provision.

1. Winner’s List. To obtain name of the winner, send an email to info@evergreen-texas.com within thirty (30) days of the end of the Entry Period.  The email should contain the following phrase in the “subject” field: “Harvest of Homes” Sweepstakes.

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