Sweepstakes Official Rules

HOW IT WORKS:

To enter the Sweepstakes, you’ll first need to become a registered user of www.Twitter.com (“Twitter“), www.Facebook.com (“Facebook”) or www.Instagram.com (“Instagram”) or log into your Twitter, Facebook or Instagram account.  If you do not have an account, go to www.Twitter.com, www.Facebook.com or www.Instagram.com to create one. Twitter, Facebook and Instagram accounts are free. By submitting your information and creating a Twitter, Facebook or Instagram account, you agree to the Twitter, Facebook or Instagram Terms of Use and Privacy Notice. If you do not agree to such Terms of Use and Privacy Notice, you cannot create a Twitter, Facebook or Instagram account, or participate in this Sweepstakes.  Additionally, to enter via Instagram or Twitter, your account must be set to public.

At the start of each Sweepstakes Period, the Sweepstakes Announcement will be posted on Sponsor’s Facebook, Twitter and/or Instagram feed @TeamPulte or @Pulte (as applicable).  To enter a Sweepstakes, follow the instructions for entry in the Sweepstakes Announcement by the end of the Sweepstakes Period to receive one (1) entry into the corresponding Sweepstakes.

Limit one (1) entry per person per Facebook, Twitter and/or Instagram account per Sweepstakes.  

By commenting on, re-tweeting or “Heart-ing” a Sweepstakes Announcement (as applicable), you affirm that you have read, understand and agree to these Official Rules. Entrants understand that they are commenting and/or re-tweeting at their sole risk.  Sponsor is not responsible for any claims arising from a re-tweet or post, specifically including, but not limited to, claims for intellectual property infringement and privacy rights violations, as well as violations of Facebook’s, Twitter’s and/or Instagram’s terms and conditions.

In the event of a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible.  The Sweepstakes Entities shall not be responsible for incorrect or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error, which may occur in the processing/collection of the entries in the Sweepstakes.  The Sweepstakes Entities assume no responsibility or liability for any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration of entries. Incomplete entries will be disqualified. Proof of re-tweeting a Sweepstakes Announcement is not considered proof of such entry. 

Comment/Re-Tweet must be responsive to the call-to-action in the Sweepstakes Announcement and in compliance with the terms and conditions of the applicable social media platform and must not be obscene or offensive; must not depict alcohol, illegal drugs, tobacco, firearms/weapons, or any activities that may appear unsafe or dangerous or illegal; and must not be sexually explicit or suggestive, all as determined by Sponsor in its sole discretion. Comments/Re-Tweets must be suitable for presentation in a public forum, at the sole discretion of Sponsor.  Sponsor reserves the right, in its sole discretion, to disqualify any entry in a Sweepstakes if Sponsor views the entry as potentially infringing or otherwise a violation or potential violation of a third party’s rights or if it deems the entry to be lacking in taste, quality, or to be otherwise objectionable. Any questions, comments or complaints regarding this Sweepstakes should be directed to Sponsor and not to Facebook, Twitter or Instagram. Entries that are incomplete or generated by script, macro or other automated or mechanical means, that have been submitted through fraudulent and/or illicit means or by any means which subvert the entry process or that do not conform with or satisfy any or all of the conditions set out in the Official Rules will be void in Sponsor’s discretion. Multiple entrants are not permitted to share the same Facebook, Twitter or Instagram account for purpose of this Sweepstakes. 

WINNER SELECTION AND NOTIFICATION:  Following the conclusion of a Sweepstakes Period, a random drawing will be held from among all eligible entries received in accordance with these Official Rules AND the Sweepstakes Announcement to select the number of potential winners set forth in the corresponding Sweepstakes Announcement. The potential winner(s) will be notified via a direct message or reply to their post via Facebook, Twitter or Instagram, as applicable. Sponsor shall have no liability for any winner notification that is lost, intercepted or not displayed/received by a potential winner for any reason.  If, despite reasonable efforts, a potential winner does not respond/contact Sponsor within forty-eight (48) hours of the first notification attempt, or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit his or her prize and an alternate winner may be selected in Sponsor’s sole discretion. Unclaimed prizes will be awarded only in Sponsor’s discretion. If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential prize winner will be disqualified and an alternate prize winner may be selected as set forth herein.  The odds of winning depend on the number of eligible entries received for each Sweepstakes.

PRIZES:  The Prize(s) available (and approximate retail value thereof) for each Sweepstakes will be set forth in the corresponding Sweepstakes Announcement.  Cash and virtual currency prizes shall be awarded as designated by Sponsor. Gift card prizes may be subject to separate terms and conditions as set forth by issuer, to which a winner is bound by accepting the gift card as a prize. In the event a prize consists of an automobile or other vehicle (a “Vehicle”), if and as required by applicable state law, winner must have a valid U.S. driver’s license and provide evidence of insurance at time of Vehicle delivery; and must take Vehicle delivery as specified by Sponsor or prize will be forfeited. Any other unspecified expenses are the sole responsibility of the winner. Sponsor does not make, nor in any manner is responsible or liable for any Vehicle 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. Vehicle shown in any promotional materials is for illustration purposes only; Vehicle awarded to winner may vary. From time to time, Sponsor may elect to award a prize that is subject to additional restrictions.  In such case, those additional restrictions will be set forth in additional terms and conditions linked from the Sweepstakes Announcement and by entering each entrant agrees to be bound thereto.

GENERAL PRIZE CONDITIONS: Prize winners shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize, if any.  Any potential prize winner may be required by Sponsor to execute an Affidavit of Eligibility, a Liability Release, and (where imposing such condition is legal) a Publicity Release (collectively, “Prize Claim Documents”).  Any winner of a prize valued at $600 or more or any winner who collectively wins $600 or more from Sponsor in any single calendar year, must also complete an IRS W9 form for tax reporting purposes prior to awarding of the prize and will receive an IRS form 1099 following receipt of the prize.  If winner fails or refuses to sign and return all Prize Claim Documents within five (5) days of prize notification (or a shorter time if required by exigencies), winner may be disqualified in Sponsor’s discretion.  

Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished by third parties in connection with the Sweepstakes.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.  SOME STATES DO NOT ALLOW A DISCLAIMER OF IMPLIED WARRANTIES SO THIS LIMITATION MAY NOT BE APPLICABLE TO YOU.

GENERAL:  Acceptance of a prize constitutes prize winner’s permission for Sponsor and its designees to use prize winner’s name, Facebook/Twitter/Instagram handle, photograph, likeness, voice, biographical information, statements and address (city and state) for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation, except where prohibited by law.  Entrants agree that the Sweepstakes Entities (A) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Sweepstakes or any Sweepstakes-related activity, or from entrants’ acceptance, receipt, possession and/or use or misuse of any prize, and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose.  Sponsor assumes no responsibility for any damage to an entrant’s or any other person’s computer system or wireless phone which is occasioned by participating in the Sweepstakes, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, or stolen entries or prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information.  Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Sweepstakes, to be acting in violation of these Official Rules, or to be acting in a fraudulent, unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten or harass any other person, including Sponsor, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted. Sponsor reserves the right to modify, extend, suspend, or terminate a Sweepstakes if it determines, in its sole discretion, that a Sweepstakes is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of a Sweepstakes as contemplated herein. If a Sweepstakes is terminated before the designated end date, Sponsor will (if possible) select winner(s) in a random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination.  Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. These Official Rules cannot be modified or amended in any way except in a written document issued by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these Official Rules 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 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.

BINDING ARBITRATION: Any controversy or claim arising out of or relating to the 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.

GOVERNING LAW: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE PROMOTION SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF ILLINOIS WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS. If any provision of these Official Rules shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Official Rules and shall not affect the validity and enforceability of any remaining provisions.