Sweepstakes (“Sweepstakes”) Official Rules
THESE ARE THE OFFICIAL RULES OF THE SWEEPSTAKES DESCRIBED IN THE CORRESPONDING SOCIAL MEDIA POST (THE “POST”).
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. THIS SWEEPSTAKES IS INTENDED FOR PLAY IN THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN AN ELIGIBLE STATE AT THE TIME OF ENTRY. Void where prohibited by law. If the total Approximate Retail Value (“ARV”) of all of the prizes available in connection with a specific Sweepstakes exceeds $5,000, that Sweepstakes shall be void in New York and Florida.
1. Eligibility: Open to legal residents of the 50 United States (excluding New York and Florida residents if prize value cumulatively exceeds $5,000) and the District of Columbia who are 18 years of age or older at the time of entry. Employees, contractors, directors, and officers of Pulte Capital Partners LLC (“Sponsor”), its parent, subsidiaries, affiliates, sales representatives, and advertising, promotion and other agencies, and all other service agencies involved with the Sweepstakes (“Promotion Entities”), and members of each of their immediate families (spouses, parents, grandparents, children, and siblings, and their respective spouses) and those living in the same household of each are not eligible to enter or win. Participation in the Sweepstakes constitutes entrant’s full and unconditional agreement to, and acceptance of, these Official Rules and any terms or conditions contained in the Post, if any. Winning a prize is contingent upon fulfilling all requirements set forth herein. Void where prohibited by law. Sweepstakes is subject to all applicable federal, state, and local laws.
2. Promotion Period: This Sweepstakes starts at the time and date the Post is made on the social media site and ends at the time and date listed in the Post (the “Promotion Period”). All entry times are in Central Time (“CT”), unless otherwise noted.
3. How to Enter: You can enter the Sweepstakes during the Promotion Period by logging into your social media account (or creating a free account if you do not already have one), locating the Post, and following all instructions in the Post. Read the Post for the Sweepstakes’ exact method of entry, which may require you to submit content, information, or otherwise interact with the social media site to receive one (1) entry into the Sweepstakes (“Entry”) (subject to verification with the Entry Requirements in Section #3.1, below). You must follow the follow the @pulte Twitter account or the applicable Sponsor social media page/account in order to be eligible for this Sweepstakes. To be eligible, Entries may not contain any content or concept other than the content or concept described in the Post. Entry content will not be judged. There is a limit of the number of entries per person/social media account/email address as listed in the Post.
Your Entry must comply with all requirements set forth herein, including the entry requirements provided in Section 3.1, to be considered an eligible Sweepstakes Entry.
By submitting an Entry, entrants agree to indemnify and hold Promotion Entities (as defined in Section 1) harmless from and against any and all claims, demands, actions, causes of action, damages, costs, or expenses brought against or suffered or incurred by the Promotion Entities, or any of them, arising out of or in connection with the participation by the entrants in this Sweepstakes, any breach by the entrants of the warranties or agreements contained herein, or the use, in whole or in part, by any Promotion Entity of any Entry (or portion thereof) submitted by the entrants in this Sweepstakes. By participating, entrants agree to these Official Rules, which are final and binding in all respects.
Note: If you do not have Internet access via a personal computer, your local library or Internet café may be able to provide access to the Internet; in addition, a number of Internet service providers and other companies offer free email accounts.
3.1. Sweepstakes Entry Requirements: By submitting an Entry into the Sweepstakes, you warrant and represent that the Entry conforms to the Official Rules, the requirements set forth on the social media website, and the Entry Requirements set forth herein. Entries must be in English . The following guidelines set by the Sponsor should be followed for each Entry:
(i) You must own all rights in the Entry and have the right to grant Sponsor a license to use the Entry (including any material embodied in the Entry);
(ii) The Entry cannot be sexually explicit or suggestive, unnecessarily violent, or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain nudity, any materially dangerous activity, or any inappropriate content;
(iii) The Entry cannot promote alcohol, illegal drugs, depict gambling references or tobacco use, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;
(iv) The Entry cannot be obscene or offensive, defamatory, libelous, threatening, harassing, or endorse any form of hate or hate group;
(v) The Entry cannot defame, misrepresent, or contain disparaging remarks about Sponsor, Promotion Entities, or their products or other people, products, or companies;
(vi) The Entry cannot infringe on any trademarks, logos, copyrighted works, trade dress (such as distinctive packaging or building exteriors/interiors), or any intellectual property owned by others (including but not limited to music, photographs, sculptures, paintings, and other works of art or images, published on or in websites, television, movies, or other media); Sponsor does not permit the infringement of others’ rights and any use of materials not original to the entrant (except copyrighted materials owned by Sponsor) is grounds for disqualification from the Sweepstakes. Do not copy your favorite movie, book, or photo or include materials, images, graphics, music, or trademarks belonging to any third parties or incorporate the names, voices, likenesses, or personas of any party other than yourself unless you have obtained all rights necessary to permit you to use the same in connection with your Entry and grant the rights herein granted to Sponsor; The Entry cannot (in the sole discretion of Sponsor) advertise or promote any brand or product of any kind other than the Sponsor’s, including, but not limited to, any of Sponsor’s competitors, any of Promotion Entities’ competitors, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses, or street addresses without permission;
(vii) The Entry cannot contain materials infringing on any individual’s right of publicity, unless you have express permission from that person to use his/her likeness and performance in connection with the Sweepstakes;
(viii) The Entry cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; and
(ix) The Entry cannot violate any law or otherwise be inappropriate; all as determined by Sponsor in its sole discretion.
ENTRIES POSTED TO THE WEBSITE WERE NOT EDITED BY SPONSOR AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to entrants. Sponsor reserves the right to waive the Sweepstakes Entry requirements set forth herein in its sole discretion. To the extent it is applicable to the Entry: (i) By submitting an Entry, you agree that your Entry is gratuitous and made without restriction, and will not place Sponsor under any obligation, that Sponsor is free to disclose the Entry and the ideas contained in the Entry on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. (ii) You acknowledge that, by acceptance of your Entry, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than you. By submitting an Entry, you warrant and represent that it: (a) is your original work, (b) has not been previously published, (c) has not won previous awards, (d) does not infringe upon the copyrights, trademarks, rights of privacy, publicity, or other intellectual property or other rights of any person or entity; and (e) and that posting of the Entry via various media, including Web posting, will not infringe on the rights of any third party. Any such entrant will indemnify and hold harmless Sponsor, the applicable social media site(s), and Promotion Entities from any claims to the contrary. Sponsor reserves the right to, and may or may not, monitor/screen Entries. By entering, you acknowledge that Sponsor has no obligation to use or post any Entry you submit.
ALL ENTRANTS ARE SUBJECT TO VERIFICATION BY PROMOTION ENTITIES AT ANY TIME DURING THE PROMOTION PERIOD (IN THE SOLE DISCRETION OF SPONSOR), AND MUST MEET ALL ELIGIBILITY REQUIREMENTS BEFORE AN ENTRANT MAY BE CONFIRMED AS A WINNER OF ANY PRIZE.
4. Winner Selection: On a date after the Promotion Period ends, the number of winners as listed in the Post will be selected in a random drawing from among all eligible Entries received during the Promotion Period. Odds of winning a prize depend on the number of eligible Entries received.
5. Prize(s): Each verified winner shall receive the prize (or a portion of the prize, if applicable) as listed in the Post. ARV of prize(s) is listed in the Post. Limit one (1) prize per person/household/email address/social media account. Unclaimed prizes will not be awarded. If a prize cannot be awarded for any reason, Sponsor reserves the right to substitute prize with another prize of equal or greater value. Prize will be provided to verified winner at the time that the Sponsor states.
Additional prize restrictions, conditions, limitations, and details may be provided to the potential winner. Prizes are not transferable or redeemable for cash and must be accepted as awarded, with no substitutions of any kind, except by the Sponsor, who reserves the right to substitute a prize (or portion thereof) of comparable or greater value, at its sole discretion. All federal, state, and local taxes (including income and withholding taxes), if any, as well as any other costs and expenses associated with prize acceptance and use not specified herein as being provided are each winner’s responsibility, regardless of whether prize is used in whole or in part. The winner may be required to provide Sponsor with a valid social security number or tax identification number before the prize will be awarded for tax reporting purposes. All prize details are at the Sponsor’s sole discretion.
Winner acknowledges that Promotion Entities have not made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize, including but not limited to its quality, mechanical condition, or fitness for a particular purpose. Any and all warranties and/or guarantees on a prize (if any) are subject to the respective manufacturers’ terms therefore, and winners agree to look solely to such manufacturers for any such warranty and/or guarantee. If applicable, all prize details (including without limitation versions, colors, models, etc.) of prizes will be determined by Sponsor in its sole discretion.
There are also unique prize conditions. The conditions that apply in this Sweepstakes are the conditions that match the prize advertised in the applicable Post. If the prize listed in the post is merchandise, then only merchandise will be awarded in connection with this Sweepstakes and the below merchandise conditions apply.
• If the prize contains merchandise, the following additional prize conditions apply: All prize details, including version/model, will be determined in Sponsor’s sole discretion. Winner(s) acknowledges that Promotion Entities have not made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize, including but not limited to its quality, mechanical condition or fitness for a particular purpose. Any and all warranties and/or guarantees on a prize (if any) are subject to the respective manufacturers’ terms therefore, and winners agree to look solely to such manufacturers for any such warranty and/or guarantee.
• If the prize contains gift cards, the following additional prize conditions apply: Gift card(s) is subject to the terms, conditions, and restrictions as set by issuer.
• Unless specifically stated in the Post announcing the Sweepstakes, a vehicle prize will not consist of a lease, but instead a transfer of title to the vehicle to the winner. From time to time, Sponsor may award a vehicle lease as described in an applicable Post. If the prize contains a vehicle lease, the following additional prize conditions apply: Winner must take delivery of vehicle from dealership designated by Sponsor. Prize will consist of fully subsidized payments for the term of the number of month lease included in the Post. Winner must enter into a lease agreement with the dealership/company and adhere to all terms and conditions of that agreement. Winner is responsible for routine maintenance of the vehicle and is responsible to insure the vehicle as required by the terms of the lease agreement. Winner will also be responsible for mileage in excess of the lease allotted miles per year at the rate stated in the lease agreement, and assumes full responsibility for damage to the vehicle, excess wear and tear charges, and other liabilities at lease end as specified in the lease agreement. Vehicle will be delivered with standard equipment; any upgrades and options may not be available and, if available, are at the sole expense of the winner. Color, package, factory options, and other prize specifics to be determined by Sponsor and are subject to availability, and any upgrades to any of the foregoing will be winner’s sole expense. Prize winner (or such winner’s parent or legal guardian, if applicable) may be required to have proof of a valid U.S. driver’s license from their state or place of residence in the United States to take delivery of vehicle; failure to show same may result in prize forfeiture and selection of an alternate winner. Winner will be responsible for all optional equipment, title, license, insurance and registration fees required in claiming the vehicle, applicable taxes as well as all other expenses relating to the receipt and use of the vehicle, including any travel and transportation costs associated with collecting the vehicle. All other costs not specifically stated herein as being awarded are the responsibility of the winner. Winner will be provided instructions to obtain his/her vehicle. Winner must take delivery of vehicle within the time frame specified by the Sponsor or will forfeit such portion of the prize. Sponsor reserves the right to substitute package, trim level, options or model year for any reason in Sponsor’s sole discretion. Sponsor does not make, nor in any manner is responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Vehicle including but not limited to its quality, fitness for purpose or mechanical condition. All other costs not specifically stated herein as being awarded are the responsibility of the winner.
• If the prize contains a vehicle, the following additional prize conditions apply: Prize excludes freight, handling, tax, title and license charges. Winner must take delivery of vehicle from dealership designated by Sponsor. Vehicle will be delivered with standard equipment; any upgrades and options may not be available and would be at the sole expense of the winner. Color, package, factory options, and other prize specifics to be determined by Sponsor and are subject to availability, and any upgrades to any of the foregoing will be winner’s sole expense. Prize winner (or such winner’s parent or legal guardian, if applicable) may be required to have proof of a valid U.S. driver’s license from their state or place of residence in the United States to take delivery of vehicle; failure to show same would result in prize forfeiture and selection of an alternate winner. Winner will be responsible for all optional equipment, title, license, insurance and registration fees required in claiming the vehicle, applicable taxes as well as all other expenses relating to the receipt and use of the vehicle, including any travel and transportation costs associated with collecting the vehicle. All other costs not specifically stated herein as being awarded are the responsibility of the winner. Winner will be provided instructions to obtain his/her vehicle. Winner must take delivery of vehicle within the time frame specified by the Sponsor or will forfeit such portion of the prize. Sponsor reserves the right to substitute package, trim level, options or model year for any reason in Sponsor’s sole discretion. Sponsor does not make, nor in any manner is responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Vehicle including but not limited to its quality, fitness for purpose or mechanical condition. All other costs not specifically stated herein as being awarded are the responsibility of the winner.
• If the prize contains a meet and greet or other event, the following additional prize conditions apply: Sponsor is not responsible for any delay or cancellation of prize event due to unforeseen circumstances, or those outside of Sponsor’s control. In the event, for whatever reason, the prize event is cancelled, the experience will not be awarded and Sponsor will not provide any compensation or substitution for that portion of the prize. Winner agrees to comply with all applicable venue regulations in connection with the event. Sponsor and the applicable venue representatives reserve the right to remove or to deny entry to winner who engage in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person at the event or in any other objectionable behavior.
• If the prize contains a tickets to an event or experience, the following additional prize conditions apply: Lost, stolen or damaged tickets will not be replaced or exchanged. Tickets are subject to terms and conditions specified thereon. Location of seats and tickets are in Sponsor’s sole discretion or may be predetermined as supplied by the Sponsor.
IF APPLICABLE, BY ACCEPTING PRIZE, WINNER(S) ACCEPTS THE INHERENTLY DANGEROUS NATURE AND RISK IN THE PRIZE, INCLUDING PERSONAL INJURY AND/OR DEATH, ACKNOWLEDGES THAT HIS/HER PARTICIPATION IN THE PRIZE EVENT/EXPERIENCE IS VOLUNTARY, ACKNOWLEDGES THAT THERE ARE NATURAL FACTORS AND OCCURRENCES WHICH MAY IMPACT ON OR AFFECT THE SAFETY OF THE ACTIVITIES HE/SHE IS PARTICIPATING IN AND HE/SHE ASSUMES THE RISK OF SUCH FACTORS AND OCCURRENCES AND AGREES THAT PROMOTIONAL PARTIES SHALL NOT BE IN ANY WAY RESPONSIBLE FOR ANY RESULTING INJURY AND/OR DEATH.
6. Winner Notification: Winner(s) are subject to verification, including verification of age. Winner(s) will be contacted via direct messenger within varying days from the Sweepstakes’ end date on the social media platform used to enter. You must be following the Sponsor’s social media handle/account/page to be eligible. Each potential winner will be required to respond to such notification within five (5) days of attempted notification. The contact notification will include instructions on how to claim the prize.
Potential winners may be required to provide identification sufficient to show that he/she is the authorized account holder of the applicable social media account, including but not limited to providing the original file of his/her Entry, if applicable, in Sponsor’s sole discretion. Any prize won by an entrant who is eligible but still considered a minor in his/her state of residence will be awarded to a parent or legal guardian of such minor who must sign and return all required documentation outlined herein and otherwise comply with all requirements imposed on winner(s) set forth herein. If winner is found to be ineligible, or not in compliance with these Official Rules and/or the Post, declines to accept a prize, refuses to accept the prize as awarded, if the winner does not respond to Sponsor within five (5) business days of Sponsor attempting contact, if the winner does not otherwise comply with the timeline set forth herein (including return completed documents within the time allotted), or in the event that a prize notification or prize is returned undeliverable, the winner may be disqualified and the prize may be forfeited. Potential prize winner (or parent/legal guardian where applicable) may be required to furnish proof of identification and sign, complete, and return an Affidavit of Eligibility/Liability Release and, where lawful, a Publicity Release, within seven (7) days of attempted notification or prize may be forfeited. Promotion Entities shall not be held responsible for any change of email address or other contact information of entrants, or for any delays in awarding prizes for any reason outside of their control. Prizes will only be delivered to verified winners and to addresses within the 50 U.S./D.C.
By accepting a prize, each winner consents to the use of his/her name, address (city and state of residence), voice, and statements relating to the Sweepstakes or Sponsor, and Entries or other likenesses, without further compensation, notification, or permission in any publicity or advertising carried out by Sponsor, any related entities, or anyone authorized by Sponsor in any and all media now known or hereinafter developed without territorial or time limitation, except where prohibited by law.
7. Binding Arbitration: Any controversy or claim arising out of or relating to this Sweepstakes shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Illinois law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the JAMS Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable, or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty (60) days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN THE SWEEPSTAKES, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY ENTRANT.
8. Ownership/Use of Entry: BY SUBMITTING AN ENTRY, ENTRANT ACKNOWLEDGES THAT HIS/HER ENTRY MAY BE POSTED ON ANY OF SPONSOR’S WEBSITE(S), IN SPONSOR’S DISCRETION. Submission of an Entry grants Sponsor and its agents an unlimited, worldwide, perpetual, license and right to publish, use, publicly perform, adapt, edit, and/or modify the Entry in any way, in any and all media, without limitation, and without consideration to the entrant.
9. By entering, entrants (i) acknowledge compliance with these Official Rules and the Post, including all eligibility requirements and, (ii) agree to be bound by all decisions of the Sponsor, made in their sole discretion, which shall be final and binding in all matters relating to this Sweepstakes. All issues of interpretation to be decided by Sponsor. Decisions of Sponsor are final and binding in all matters. Entrants who have not complied with these Official Rules and the Post are subject to disqualification and all associated Entries will be void.
10. Sponsor is not responsible for late, lost, damaged, stolen, misdirected, mutilated, garbled, illegible, or incomplete submissions of Entries. Proof of transmission (screenshots or captures of Entry, etc.) and/or submission does not constitute proof of delivery. Sponsor’s clock is the official timekeeping device for this Sweepstakes.
11. Sponsor reserves the right to disqualify any entrant’s Entry in the Sweepstakes or entitlement to a prize, if, in the sole discretion of the Sponsor, it determines or suspects that the entrant has attempted to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other fraudulent, deceptive, or unfair playing practices (including any Entries generated by script, macro, robotic, programmed, or any other automated means or any other means which subvert the entry process).
12. If a dispute arises regarding who submitted an Entry, the Entry will be deemed to be submitted by the authorized account holder of the social media account/email address provided at time of entry and he/she must comply with these Official Rules and the Post. “Authorized account holder” is defined as the natural person who is assigned to an email address or social media account by an Internet access provider, social media company, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted email address.
13. As a condition of entering, entrants (or their parent or legal guardian if an eligible minor) agree to release Sponsor, Promotion Entities, Instagram, LLC, Twitter Inc., Facebook, Inc., and each of their officers, directors, employees, and agents, from any and all liability, loss, or damage incurred with respect to participating in the Sweepstakes or the awarding, receipt, possession, and/or use or misuse of any prize or any item redeemed therewith or travel related thereto.
14. All issues and questions concerning the construction, validity, interpretation, and enforceability of the Sweepstakes Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Illinois without regard to any other conflicts of law principles. All entrants consent to the jurisdiction and venue of the courts located in the State of Illinois, in the City of Chicago.
15. Sweepstakes Operation:
16. Sponsor reserves the right in its sole discretion to cancel, modify, or suspend this Sweepstakes at any time, if fraud, technical failures, including any network server or hardware failure, viruses, bugs, errors in programming, or any other errors or other causes corrupt the administration, security, integrity, or proper play of the Sweepstakes. In the event of cancellation, Sponsor reserves the right to select the winners from among all eligible, non-suspect Entries received up to time of such cancellation. In no event will the Sponsor be liable for more than the stated number of prizes.
17. Promotion Entities do not warrant that access to the Sweepstakes will be uninterrupted. Promotion Entities are not responsible for any problems that may arise, including but not limited to; (a) lost, interrupted, inaccessible, or unavailable networks, servers, satellites, Internet Service Providers, Web sites, or other connection, availability or accessibility problems arising in connection with or over the course of the Sweepstakes; or (b) communications failed, jumbled, scrambled, delayed, or misdirected computer, telephone, or cable transmissions or hardware or software malfunctions, failures, or difficulties; or (c) failure of personal computers and/or software and hardware configurations, any technical malfunctions, failures, or difficulties, printing errors, clerical, typographical, or other errors in connection with the administration of the Sweepstakes, the processing of Entries, the offering or announcement of any prize or in any Post or prize notification documents; or (d) for any other errors of any kind relating to or in connection with the Sweepstakes, whether human, mechanical, clerical, electronic, or technical in nature; or (e) the incorrect or inaccurate capture of information, or the failure to capture any information in connection with the Sweepstakes; or (f) damage to a user’s computer system occasioned by participation in this Sweepstakes or downloading any information necessary to participate in this Sweepstakes.
18. Disclosures: Any attempt by an entrant or other individual to deliberately damage any website or undermine the legitimate operation of this Sweepstakes, including but not limited to any fraudulent claims, is a violation of criminal and civil laws. Should such an attempt be made, Sponsor reserves the right to seek remedies and damages from any such individual to the fullest extent permitted by law, including criminal prosecution. Any entrant engaging in any of the foregoing activities may be disqualified (and all associated Entries will be void) and will forfeit any prize won.
19. Disputes: In the event of any conflict with any Sweepstakes details contained in these Official Rules/the Post and Sweepstakes details contained in any other Sweepstakes materials (including but not limited to other social media content, Post, and print advertising, promotional packaging, and other promotion media) (“Sweepstakes Materials”), the details of these Official Rules shall prevail. The Official Rules govern over all other communications. Images of prize(s) or items redeemed with prize as shown in Sweepstakes Materials are for illustrative purposes only. Actual prize may vary from the prize pictured. The ARVs of prizes as stated by Sponsor in the Sweepstakes Materials, the Post, and/or in these Official Rules are subject to price fluctuations in the consumer marketplace.
20. The invalidity or unenforceability of any provision of these Official Rules or the Post shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules and the Post shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
21. Sponsor and for winner list requests within 30 days of the end date of the Sweepstakes (listing the Sweepstakes in the title of the email): Pulte Capital Partners, LLC, 321 N. Clark St., Suite 500, Chicago, IL 60654.