Sponsor (as defined below) and its affiliated entities (collectively, “RMV”) are the master developers of that planned community located in southern Orange County, California commonly known as the “Rancho Mission Viejo” (the “Community”). The Community is comprised of a group of individual planning areas (or “villages”). The Village of Esencia represents one of the Community’s planning areas. RMV has previously sold individual parcels of land located within the bounds of the Village of Esencia to a series of homebuilders (collectively, the “Neighborhood Builders” and each, a “Neighborhood Builder”). In turn, each Neighborhood Builder has subdivided the parcel(s) it acquired from RMV into individual lots and is engaged in the business of constructing new homes thereon and selling the homes to purchasers. Each Neighborhood Builder that has lots available for sale maintains a sales office (“Sales Office”) within the Village of Esencia that is open to individuals who may be interested in purchasing a home within the Neighborhood Builder’s tract. Each Sales Office is staffed by sales professionals – employed or otherwise retained by the relevant Neighborhood Builder – who are responsible for the preparation of contracts (“Sales Contracts”) for the sale of new homes within the Neighborhood Builder’s tract. RMV has no control over (or responsibility for) the actions of the Neighborhood Builders or their sales professionals in relation to Sales Contracts. Moreover, RMV has no control over the decisions of the Neighborhood Builders in relation to the homes, options and amenities that are offered by the Neighborhood Builders or the prices thereof. Any decisions regarding Sales Contracts, product offerings, etc. are the exclusive purview and responsibility of the Neighborhood Builders.
The Rancho Mission Viejo Harvest for Homeshoppers $30K Sweepstakes (“Sweepstakes”) is sponsored by RMV PA2 Development, LLC (“Sponsor”).
NO PURCHASE NECESSARY TO ENTER OR WIN; VOID WHERE PROHIBITED. No purchase or payment of any kind is necessary to enter or win this Sweepstakes. A purchase will not improve your chances of winning. This Sweepstakes is void where prohibited.
The Sweepstakes shall have a total of three (3) prizes (each, a “Prize” and collectively, the “Prizes”). Each Prize shall be a voucher (“Voucher”) with a stated face value of Ten Thousand and No/100 Dollars ($10,000.00). Each Voucher may be redeemed by the winner of a Prize (“Prize Winner”) for cash or cash equivalent (as specified by Sponsor) if the following conditions are satisfied:
The total value of the Prizes is Thirty Thousand and No/100 Dollars ($30,000.00). Each Prize shall be deemed personal to the Prize Winner; the Prize Winner may not substitute, assign or transfer the Prize. Any attempted substitution, assignment or transfer of a Prize shall be deemed null and void and shall result in automatic forfeiture of the Prize.
The odds of winning a Prize will be determined by the total number of entries received for the Drawing (as defined in Section 7, below).
a. Eligible Sweepstakes Participants. Sweepstakes entrants must be (i) eighteen (18) years of age or older and (ii) legal residents of the United States.
b. Ineligible Parties. The following individuals are not eligible to participate in the Sweepstakes:
Moreover, if this Sweepstakes is deemed illegal or is otherwise prohibited by the laws of any state (due to Sponsor’s failure to register this Sweepstakes in said state, to provide a bond, or for any other reason), the residents of said state shall not be eligible to participate in this Sweepstakes.
As discussed in Section 8, below, eligible participants may enter the Sweepstakes at any time during Sponsor’s Harvest Event. The Harvest Event (and, hence, the entry period for participation in this Sweepstakes) begins 11:00 a.m. Pacific Standard Time (“PST”) on October 20, 2019 and ends 3:00 p.m. PST on October 20, 2019 (“Sweepstakes Entry Period”).
Prize Winners will be selected in a random drawing (“Drawing”) from all eligible entries received during the Sweepstakes Entry Period. The Drawing will be held not later than three (3) days following the end of the Sweepstakes Entry Period, at a time and location identified by Sponsor. Prize Winners need not be present at the Drawing to win. Each Prize Winner will be notified by an e-mail (sent to the address provided by the Prize Winner on his/her Entry Form [see Section 8.b, below]) within seventy-two (72) hours following the conclusion of the Drawing (each, a “Notice to Prize Winner”). Each Prize Winner must respond to Sponsor’s Notice to Prize Winner within forty-eight (48) hours from the time the notice e-mail is sent, or the Prize will be forfeited. In the event the Prize is forfeited, Sponsor shall have the right (but not the obligation) to award the Prize to an alternate winner selected by a random drawing from all remaining eligible entries received during the Sweepstakes Entry Period.
a. Sponsor’s Harvest Program. Sponsor will be hosting a program (“Harvest Program”) on October 20, 2019 at The Hilltop Club, 65 Esencia Drive, Rancho Mission Viejo, California. The Harvest Program is a marketing and outreach event that is intended to introduce and showcase the Village of Esencia to individuals who may be interested in purchasing a new home. During the Harvest Program, Sponsor shall be providing refreshments, entertainment and activities at the Hilltop Club, with the goal of inviting and encouraging attendees to visit the Sales Offices of the Participating Builders (see below) and to tour their model homes. The Hilltop Club is located in an area that is geographically proximate to the Sales Offices and model homes maintained by the Participating Builders; however, certain of said Sales Offices may be considered beyond walking distance from the Hilltop Club. All individuals attending the Harvest Program are responsible for coordinating and securing transport to the Hilltop Club and, at their discretion, the Sales Offices. During the Harvest Program, Sponsor anticipates that the Sales Offices for the following Neighborhood Builders will be open for business and model home tours (the “Participating Builders”):
NOTE: The list of Participating Builders is subject to change based upon several factors. For example, circumstances may change for one or more of the Participating Builders following the publication date of these Official Rules that could affect its/their decision to keep a Sales Office open during the Harvest Program (e.g., a Participating Builder may sell all of its lots prior to the Harvest Program; hence, the Participating Builder may elect to close its Sales Office and discontinue model home tours). Sponsor has no control over the decisions of any Participating Builder concerning the provision of an open Sales Office during the Harvest Program, the offering of model home tours, etc. Accordingly, Sponsor makes no guarantee, representation or warranty regarding the final number or identity of the Participating Builders during the Harvest Program.
b. Completion / Submission of Entry Form. During the Sweepstakes Entry Period (i.e., during the time of the Harvest Program), each Participating Builder Sales Office will be equipped with an electronic device (e.g., computer or tablet) or other medium that has been identified and purposed to generate and accept entry forms for the Sweepstakes (“Entry Forms”). To enter the Sweepstakes, an eligible participant must visit one of the Participating Builder Sales Offices during the Sweepstakes Entry Period and complete and submit an Entry Form. The Entry Form will request the following information from each eligible Sweepstakes participant: (i) First Name, (ii) Last Name, (iii) E-Mail Address and (iv) Zip Code (relating to the eligible participant’s current full-time residential address). Each participant must provide complete and correct data for each of the requested fields. Incomplete or incorrect responses (e.g., provision of an invalid e-mail address) will result in disqualification. Once the Entry Form is deemed fully completed and successfully submitted, the eligible participant will receive one (1) entry into the Sweepstakes for the Drawing. LIMIT OF ONE (1) ENTRY PER ELIGIBLE PARTICIPANT FOR THE SWEEPSTAKES ENTRY PERIOD. Although subsequent attempts to enter may be received, only the first entry received from an eligible participant will count; subsequent attempts to enter will be disqualified.
a. Delivery / Receipt of Voucher. Following Sponsor’s delivery of its Notice to Prize Winner and the Prize Winner’s timely response thereto (see Section 7, above), Sponsor shall send a supplemental e-mail notice to the Prize Winner concerning the delivery and collection protocol for the Voucher (the “Sponsor’s Supplemental Notice”). Specifically, Sponsor shall advise the Prize Winner that he/she may claim the Voucher, in person, by visiting the Rancho Mission Viejo Visitor Center located at 1 Salubre in Rancho Mission Viejo, California (the “Visitor Center”) during normal business hours and providing proof of the Prize Winner’s identity (e.g., valid driver license or passport bearing the name of the Prize Winner). Alternatively, if the Prize Winner, in response to Sponsor’s Supplemental Notice, advises that he/she is not able to personally collect the Voucher by visiting the Visitor Center, Sponsor shall mail the Voucher to the Prize Winner at his/her preferred mailing address (which address shall be provided by the Prize Winner). Notwithstanding any provision herein to the contrary, if (i) the Prize Winner fails to collect the Voucher from the Visitor Center within thirty (30) days following Sponsor’s delivery of Sponsor’s Supplemental Notice or, in the alternative, (ii) the Prize Winner does not provide to Sponsor an address for mail delivery of the Voucher within thirty (30) days following Sponsor’s dispatch of Sponsor’s Supplemental Notice, then the Voucher (and the Prize represented thereby) shall be deemed forfeit.
b. Right to Redeem Prize – Conditions Precedent. Provided that:
then the Prize Winner shall be entitled to redeem the Prize.
c. Redemption of the Prize – Process.
i. Notice of Completed Purchase. Upon timely satisfaction of the conditions set forth in Section 9.b, above, the Prize Winner may redeem the Prize by notifying Sponsor that the Prize Winner has successfully closed escrow on the Sales Contract and acquired the new home described therein (“Notice of Completed Purchase”). The Prize Winner’s Notice of Completed Purchase shall be delivered, in writing, to Sponsor at the following address:
RMV PA2 Development, LLC
c/o Rancho Mission Viejo, LLC
Attn: Stephanie Walker / Marketing Director
P.O. Box 9
San Juan Capistrano, CA 92693
The Prize Winner’s Notice of Completed Purchase shall be accompanied by individual copies of (i) the fully-executed and dated Sales Contract between the Prize Winner and the Neighborhood Builder, (ii) the closing statement prepared and issued by the company retained to perform escrow services in relation to the Sales Contract (reflecting the date when the close of escrow occurred) and (iii) the deed recorded at the close of escrow (which identifies the Prize Winner as the legal owner of the property that is the subject of the Sales Contract). Upon receipt of the Prize Winner’s Notice of Completed Purchase and accompanying documents, Sponsor shall have the right to verify the completeness of same and the accuracy of the information provided therein. The Prize Winner shall facilitate Sponsor’s verification activities by providing any and all supplemental documentation requested by Sponsor.
ii. Delivery of Voucher; Collection of Prize. Following Sponsor’s acceptance of the Prize Winner’s Notice of Completed Purchase as accurate and final, Sponsor shall so notify the Prize Winner via e-mail. Whereupon, the Prize Winner shall have the right to visit the Visitor Center and collect the Prize. To collect the Prize, the Prize Winner shall:
Upon the Prize Winner’s satisfaction of the foregoing requirements, Sponsor shall issue a check to the Prize Winner in the amount of the Voucher (the “Prize Payment”). Notwithstanding the foregoing, Sponsor may withhold from the Prize Payment any and all amounts required by state, federal and/or local law. For example, prizes with a value in excess of a threshold amount (e.g., $5,000) may necessitate Sponsor’s withholding and transmission of a portion of the Prize Payment (e.g., twenty-five percent [25%]) to the Internal Revenue Service in order to comply with applicable provisions of the Internal Revenue Code and associated Treasury Regulations). Sponsor shall not be deemed in breach or violation of these Official Rules by withholding portions of the Prize Payment and remitting same to the relevant taxing authorit(y/ies) in order to comply with applicable laws, rules and regulations.
The Prize Winner is solely responsible for all expenses associated with his/her receipt of the Prize Payment including, without limitation, all income, federal, state and local taxes. The Prize Winner will be issued an I.R.S. Form 1099, Form W-2G or similar form to report his/her winnings.
Acceptance of a Prize constitutes permission for Sponsor to use the Prize Winner’s name, city of residence, photograph, video tape, film or any other likeness, including his/her voice, recorded or live, for purposes of Sponsor’s advertising and promotion in any and all forms of media without further compensation, except where prohibited by law. The Prize Winner further agrees to hold Sponsor blameless and without liability for such publication, broadcast or use.
All Sweepstakes participants and each Prize Winner, on behalf of himself/herself, his/her executors, heirs and assigns, by acceptance of any offer or prize received under or in connection with this Sweepstakes, agree to release, indemnify, hold harmless and defend Sponsor and its parents, subsidiaries, affiliates, directors, officers, members, managers, employees, agents and representatives (collectively, “Sponsor Parties”) from and against any and all liability, claims or actions of any kind whatsoever for damages or losses of any kind which may arise from (or be sustained as a result of) the conduct, promotion or outcome of the Sweepstakes. Under no circumstances will the Sponsor Parties, or any of them, be liable for any indirect, incidental, consequential, special, punitive, or any other damages. EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
An entrant’s failure to comply with these Official Rules or other instructions of Sponsor may result in the entrant’s disqualification from the Sweepstakes in Sponsor’s sole discretion. Entrants further agree to comply with and be bound by the decisions of Sponsor, which will be final and binding in all respects. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be tampering or attempting to tamper with the entry process or the operation, security, fairness or proper play of the Sweepstakes.
Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, failures or technical malfunction of any telephone network or lines, computer online systems, servers, providers, computer equipment, software, email, players or browsers, whether on account of technical problems, traffic congestion on the Internet or at any website, or on account of any combination of the foregoing. Sponsor is not responsible for any injury or damage to participants or to any computer related to or resulting from participating or downloading materials in this Sweepstakes. If, for any reason, the Sweepstakes is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud , technical failures, or any other cause beyond the control of Sponsor, which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes and select winners from among all eligible entries received prior to the cancellation. Sponsor’s failure to or decision not to enforce any provision in these Official Rules will not constitute a waiver of that or any other provision. In the event of a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials and/or these Official Rules (including any alleged discrepancy or inconsistency in these Official Rules), the discrepancy will be resolved in Sponsor’s sole discretion. Sponsor is not responsible or liable to any entrant or to any Prize Winners or any person claiming through a Prize Winner for failure to supply the Prize / Prize Payment by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, terrorist acts, threatened terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, 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 or any other cause beyond Sponsor’s sole control. Sponsor is not responsible for any typographical or printing errors in these Official Rules, the Entry Forms, website pages or other promotional materials.
Sponsor reserves the right to terminate the Sweepstakes at any time without notice to the extent permissible by law. Sponsor may modify the Official Rules from time to time, to the extent permissible by law, with or without notice, and continued participation in the Sweepstakes after such modification shall be deemed to be acceptance of any such modification. It is your responsibility to check the Official Rules that can be found at the Official Rules website (https://www.ranchomissionviejo.com/harvest-sweepstakes) or available by mail (see Section 18, below) regularly to determine whether the Official Rules have been modified. If you do not agree to any modification of the Official Rules, you must immediately cease participation in the Sweepstakes.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Sweepstakes participants and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California, without regard for its conflicts of law doctrine, and all proceedings shall take place in Orange County, California. By participating in this Sweepstakes, entrant agrees that (i) any and all disputes, claims, and causes of action arising out of or in connection with this Sweepstakes, or the awarding of the Prizes, shall be resolved individually, without resort to any form of class action and (ii) any and all claims, judgment and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Sweepstakes, but in no event attorneys’ fees.
For the names of winners or a copy of these Official Rules, send a self-addressed stamped envelope in a separate, first class stamped envelope within thirty (30) days following the Sweepstakes Entry Period to:
Rancho Mission Viejo Harvest for Homeshoppers Sweepstakes
c/o Rancho Mission Viejo, LLC
Attn: Stephanie Walker / Marketing Director
P.O. Box 9
San Juan Capistrano, CA 92693
Please identify in your mailing whether you are requesting a copy of the winners list, a copy of the Official Rules, or both.