GINGERBREAD HOUSE CONTEST OFFICIAL RULES
NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING.
CONTEST DESCRIPTION: The Progress Residential Gingerbread House Contest (the “Contest”) consists of 1 contest (“Contest”). The Contest will begin on December 4, 2024 at 12:00:00 a.m. Pacific Time (“PT”) and end on December 15, 2024 at 11:59:59 p.m. PT (the “Promotion Period”). After the Promotion Period, eleven (11) winners will be selected from among all eligible entries, as more fully set forth below. Entry in the Contest does not constitute entry into any other promotion, contest or Contests. By participating in the Contest, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Progress Residential, LLC, 7500 N. Dobson Rd., Scottsdale, AZ 85256 (“Sponsor”), which shall be final and binding in all respects.
ELIGIBILITY: Open only to legal U.S. residents of the fifty (50) United States and the District of Columbia who are eighteen (18) years old or older as of time of entry, or any minor entering the children’s contest (defined as persons less than eighteen (18) years of age, must be represented by their parent or guardian who is eighteen (18) years or older as of time of entry, all such persons are hereinafter to be referred to as “Entrants”, all Entrants must be current leaseholders in good standing, with no balance due as of the end of the Promotion Period, of a home managed by Sponsor or its affiliates (“Eligible Person”). Officers, directors, and employees of Sponsor and its parent, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies (all such individuals and entities, together with the Sponsor, referred to collectively, the “Promotion Entities”), are ineligible to enter the Contest or win a prize. Contest is limited to ONE Eligible Person per leasehold address. Only persons less than eighteen (18) years of age are eligible to enter the children’s contest. This Contest is void where prohibited.
GENERAL CONDITIONS OF ENTRY: All Eligible Persons will be entered into the Contest. Only persons less than eighteen (18) years of age with appropriate parental or guardian supervision are eligible to enter the children’s contest. Eleven total winners will be selected. There will be five (5) winners, five (5) honorable mentions, and one (1) winner for best children’s creation. Except as otherwise contemplated in these Official Rules, personal information collected in connection with the Conest will be used in accordance with Sponsor’s online privacy policy, located at https://rentprogress.com/disclosures/privacy-terms-of-use/. Any communication or information transmitted to Sponsor by e-mail or otherwise is and will be treated as non-confidential and non-proprietary.
WINNER SELECTION AND NOTIFICATION: At the conclusion of the Promotion Period, Sponsor (or its designees) will select from all Eligible Persons during the Promotion Period, Sponsor (or its designees) will select from all Eligible Persons during the Promotion Period to select five (5) winners, five (5) honorable mentions and 1 best children’s creation for a total of 11 potential winners for the Contest. Winners will be notified via the email address provided on the entry form. Sponsor shall have no liability in the event Sponsor is unable to notify winner or if such notification is lost, intercepted or not received by a potential winner for any reason. If, despite reasonable efforts, Sponsor is unable to contact a potential winner within 48 hours of the first notification attempt (or such shorter time as exigencies may require), or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit any prize and an alternate winner may be selected. If any potential prize winner is found to be ineligible or if he or she has not complied with these Official Rules or declines the applicable prize for any reason prior to award, such potential prize winner will be disqualified, and an alternate winner may be selected. Sponsor may successively attempt to contact up to two (2) potential prize winners in accordance with such procedure, and if there is still no confirmed prize winner after such attempts have been made, if any, the applicable prize may go unawarded.
PRIZES/ODDS: Up to eleven (11) prizes are available. Actual odds of winning a prize depend on the number of Eligible Persons entering the Contest.
GENERAL PRIZE CONDITIONS: No cash alternative or substitution of prizes will be allowed, except Sponsor reserves the right in its sole discretion to substitute prizes of comparable value if any prize listed is unavailable, in whole or in part, for any reason. Prizes will be awarded only if the potential prize winner fully complies with these Official Rules. All portions of the prize(s) are non-assignable and non-transferable. Any prizes pictured in point-of-sale, online, television and print advertising, promotional packaging, and other Contest materials are for illustrative purposes only. All details and other restrictions of the prize(s) not specified in these Official Rules will be determined by Sponsor in its sole discretion. EACH PRIZE WINNER 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. ALL PRIZED 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.
FURTHER DOCUMENTATION AND PUBLICITY: Potential winners may be required to execute a Liability Release, and (where imposing such condition is legal) a Publicity Release (collectively, “Prize Claim Documents”). If any potential winner fails or refuses to sign and return all Prize Claim Documents within five (5) business days of prize notification (or such shorter time as exigencies may require), the winner may be disqualified and an alternate winner may be selected.
GENERAL LIABILITYRELEASE/FORCE MAJEURE: Acceptance of a prize constitutes Eligible Person’s permission for the Promotion Entities to use entrant’s name, photograph, likeness, voice, biographical information, statements, and address (City and State) for advertising and/or publicity purposes worldwide and in all form of media now known or hereafter developed, in perpetuity, without further compensation. The Promotion 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 Contest or any Contest-related activity, or from entrants’ acceptance, receipt, possession and/or use or misuse of any prize and (B). have not made any warranty, representation 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. Promotions Entities assume no responsibility for any damage to an entrant’s or any other person’s computer system which is occasioned by participating in the Contest, 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, Promotion Entities are not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due 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 of 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 found to be tampering with the operation of the Contest, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Sponsor reserves the right to modify, extend, suspend, or terminate the Contest if it determines, in its sole discretion, that the Contest 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 the Contest as contemplated herein. In the event an insufficient number of eligible entries are received and/or Sponsor is prevented from awarding prizes or continuing with the Contest as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health or other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, extend or terminate the Contest. If the Contest is terminated before the designated end date, Sponsor will (if possible) select the winner(s) in a random drawing from all Eligible Persons, as of the date of the event giving rise of the termination. Inclusion in such drawing shall be each Eligible Person’s sole and exclusive remedy under such circumstances. Only the type and quantity of prizes described in these Official Rules will be awarded. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. Unless otherwise stated in these Official Rules, the invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. Unless otherwise stated in these Official Rules, in the event that any provision is determined to by 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.
GOVERNING LAW/JURISDICTION: 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 CONTEST SHALL BE GOVERENED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERAL LAWS OF THE STATE OF ARIZONA 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. FOR THE PURPOSES OF ANY DISPUTES HEREUNDER, BY ENTERING THIS CONTEST, EACH ENTRANT AGREES THAT ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR IN ANY WAY RELATED TO THIS CONTEST SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OR CLASS ACTION AND CONSENTS TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE APPROPRIATE STATE OR FEDERAL COURT SITUATED IN MARICOPA COUNTY, ARIZONA.
ARBITRATION PROVISION: By participating in this Contest, Entrant agrees any and all controversies, claims, counterclaims, or other disputes entrant may have with, or claims entrant may have against the Promotion Entities relating to, arising out of or connected in any way with (a) the Contest, (B) the awarding or redemption of any prize, and/or (C) the determination of the scope or applicability of this agreement to arbitrate (a “Claim”), will be resolved exclusively by final and binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”). The arbitration will be heard and determined by a single arbitrator. The arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration proceedings will be kept confidential and that the existence of the proceeding and any element of it will be not be disclosed beyond the arbitration proceedings, except as may be lawfully be required in judicial proceedings relating to the arbitration, by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by state law. The Federal Arbitration Act or federal arbitration law apply to this agreement. However, the Arbitrator, and not any federal, state or local court or agency, shall be the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of these Official Rules including, but not limited to, a claim that all or any part of these Official Rules is void or voidable.
If Entrant demonstrates that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
This arbitration agreement does not preclude Entrant from seeking action by federal, state or local government agencies. Entrant and Sponsor also have the right to bring qualifying claims in small claims court. In addition, Entrant and Sponsor retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such requires shall not be deemed incompatible with these Official Rules, nor a waiver of the right to have disputes submitted to arbitration as provided in these Official Rules.
Neither Entrant nor Sponsor may act as a class representative, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only Entrant and/or Sponsor’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. Notwithstanding anything to the contrary herein, the arbitrator may award in the arbitration the same damages or other relief available under applicable law, including injunctive and declaratory relief (Which may include public injunctive relief), as if the action were brought in court on an individual basis.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF, OTHER RIGHTS THAT ENTRANT OR SPONSOR WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of his Section will continue in full force and effect. No waiver of any provision of this Section of these Official Rules will be effective or enforceable unless recoded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of these Official Rules. This Section of these Official Rules will survived the termination of your relationship with Sponsor.
WINNER’S LIST/OFFICIAL RULES: To obtain any legally required winner’s list (after the conclusion of the Contest) or a copy of these Official Rules, send a self-addressed envelope with the property postage to: Progress Residential, 7500 N. Dobson Rd., Scottsdale, AZ 85256. Please specify “winner’s list” or “Official Rules” and the name of the Contest in your request.