ACCURACY OF INFORMATION
Company is not responsible if information made available on this Website is not accurate, complete or current. The material provided on this Website is for general information only. You agree that any reliance on the information contained on this Website is at your own risk. The Website and any website links within the Website do not constitute an offer or solicitation to sell real property. Only Neighborhood Builders within the communities may accept offers to sell real property at each corresponding Neighborhood Builder’s sales center.
In connection with your access to, and use of, the Website, you agree not to: (a) upload, post, email, or otherwise transmit any obscene, threatening, defamatory, misleading or unlawful material, or any viruses, worms or Trojan horses; (b) violate any applicable international, federal, state or local law or regulation; (c) sell or otherwise distribute any data obtained from any Company database; (d) use any automated means to download data from any Company database; and (e) interfere with or disrupt the performance of the Website.
EQUAL HOUSING OPPORTUNITY
The Company is the developer of a master planned community in south Orange County, California. Accordingly, the information provided on this Website may be subject to the U.S. Federal Fair Housing Act of 1968, as amended, which makes it illegal to advertise “any preference, limitation or discrimination based on race, color, religion, sex, handicap, family status or national origin or an intention to make any such preference limitation, or discrimination.” The Company encourages all Neighborhood Builders in the master planned community to commit to advertising programs which freely offer residences to all on an equal basis.
NO REPRESENTATIONS AND WARRANTIES
The Company makes no representation or warranty of any kind with respect to the Website, any website links or any content on the Website. Inclusion of any website link on the Website does not imply approval of any linked websites by the Company. Your use of the Website and any website links is at your own risk. The Website and all information contained therein is intended for general reference and informational purposes only. The Company assumes no responsibility for any errors or omissions in the Website content or on any third party sites. The Company shall not be liable for any damages resulting from your use of, or reliance upon, the Website or any content contained therein.
As you access the Website, please note that all information contained on the Website regarding homes, floor plans, materials and features offered by Neighborhood Builders within the communities has been provided to the Company by Neighborhood Builders within the communities. Although every effort has been made to ensure that the information is accurate, each Neighborhood Builder has the right to modify or change its information at any time, and the Website may contain inaccurate, incomplete or outdated information. Updates to the Website are made from time to time based on receipt of information from each Neighborhood Builder, and you should not assume that the information on the Website has been updated with current information.
MAPS AND DEVELOPMENT PLANS FOR THE COMPANY’S COMMUNITIES
All maps on this Website are not to scale and represent an artist’s depiction of the existing and/or planned elements of the current proposed development concepts for the Company’s communities. Artist’s renderings, photos, specifications and planned amenities continue to evolve and are based on current proposed development plans that are subject to change without notice. No guarantee is made that the facilities and features depicted within a certain community will be constructed, or that if constructed, the number, type, size and location will be as depicted. The Company does not guarantee the current or future use of lands outside the boundaries of current communities.
The zoning and land use designations for the communities is subject to change from time to time. You are strongly advised to investigate and determine if the zoning and land use designations for any community of interest and other real properties in the vicinity of such community are compatible with your occupancy, use and enjoyment of a lot and residential dwelling. Neither any Neighborhood Builder (including any of their respective agents, employees, or affiliates) nor the Company, has made any representation concerning the timing, location, configuration or existence of any non-residential use on or about any community. The total number of residential units may increase or decrease from the current plan, depending upon market conditions or other conditions, including the annexation of additional property to the community. Plans for common areas surrounding residential areas may be affected by such changes.
If you purchase a home or lot within the communities, that Neighborhood Homebuilder within any community is independently owned and operated and is not affiliated with the Company (collectively, the “Builders”). References to or approval of such Builders by the Company shall not be construed as an endorsement, warranty or certification of such Builders or such Builder’s performance by the Company.
All materials published on the Website, including, but not limited to, images, photographs, graphics, logos, data, information, text, design, artwork or other copyrightable elements and trademarks, service marks, trade names and any other intellectual property is the exclusive property of the Company and the homebuilders located within the Company’s communities. Materials may not be copied, reproduced, displayed, republished, transmitted, distributed, altered or otherwise used, in whole or in part, in any manner without the prior written consent of the Company. Your use of the Website does not give you any ownership rights in the information contained on the Website.
You agree that the Company, in its sole discretion, may terminate or suspend your use of the Website at any time and for any or no reason in its sole discretion, even if access and use continues to be allowed to others. Upon such suspension or termination, you must immediately discontinue use of the Website. Accessing the Website after such termination, suspension or discontinuation shall constitute an act of trespass. You agree that the Company shall not be liable to you for any termination or suspension of your access to the Website.
RELEASE AND LIMITATION OF LIABILITY
COMPANY SHALL HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF THE WEBSITE OR ANY INFORMATION CONTAINED THEREON. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU HEREBY WAIVE, DISCLAIM, AND RELEASE RMV PA2 DEVELOPMENT, LLC, ITS SUBSIDIARIES AND AFFILIATES, AND THEIR MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS FROM ALL CLAIMS OF ANY KIND, INCLUDING ANY AND ALL CLAIMS FOR ACTUAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, ATTORNEYS’ FEES AND COSTS OR CLAIMS FOR INTEREST THAT ARISE OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, YOUR (A) ACCESS TO AND USE OF THE WEBSITE, OR (B) THE USE OF ANY INFORMATION CONTAINED ON THE WEBSITE. THE WEBSITE AND ANY AND ALL CONTENT CONTAINED THEREON IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY EXPRESSLY AGREE THAT ANY PROCEEDING ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE, OR INFORMATION, SERVICES AND CONTENT CONTAINED THEREON SHALL BE INSTITUTED IN A STATE OR FEDERAL COURT SITTING IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, UNITED STATES OF AMERICA AND YOU EXPRESSLY WAIVE ANY OBJECTION THAT YOU MAY HAVE NOW OR HEREAFTER TO THE LAYING OF THE VENUE OR TO THE JURISDICTION OF ANY SUCH PROCEEDING.
Online Survey Sweepstakes –RMV Future Development
- Sponsor. The Online Survey Sweepstakes – RMV Future Development (“Sweepstakes”) is sponsored by RMV PA3 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.
- Prizes. The prizes (“Prizes”) to be awarded in connection with this Sweepstakes are: twenty (20) Amazon® gift cards with a face value of One Hundred Dollars ($100) each. Total value of the Prizes is Two Thousand Dollars ($2,000). The winner of a Prize (“Prize Winner”) may not substitute, assign or transfer the Prize, or redeem the Prize for cash. Sponsor reserves the right to substitute any Prize with an article, item or service of equal or greater value should the advertised Prize become unavailable for any reason.
- Odds. 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).
- Eligibility. Sweepstakes entrants must be (i) eighteen (18) years of age or older and (ii) legal residents of the United States. Moreover, only individuals who have received an invitation to participate in the Sweepstakes (“Invitation”) are eligible to participate in the Sweepstakes. Invitations will be e-mailed directly to individuals who have been selected by Sponsor and/or its affiliates to respond to the survey (see Section 8, below) and, following completion of the survey, to enter into the Sweepstakes.
- Ineligible Parties. Employees, officers, members and directors of Sponsor (as well as Sponsor’s affiliates, subsidiaries and parent companies), their immediate family members and/or those living in the same household of each are not eligible to participate in this Sweepstakes. “Immediate family member” is defined as husband, wife, children, mother, father, sister, sister-in-law, brother or brother-in-law. Moreover, individuals who have not received an Invitation are not eligible to participate in the Sweepstakes.
- Sweepstakes Entry Period. The entry period for participation in this Sweepstakes begins 12:00:01 a.m. Pacific Standard Time (“PST”) on [June 1] and ends 11:59:59 p.m. PST on [June 20] (“Sweepstakes Entry Period”). Sponsor’s computer shall be the official time-keeping device for this Sweepstakes.
- Drawing. 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 approximately 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. Prize Winners will be notified by an e-mail sent to the address provided upon entry within seventy-two (72) hours following the conclusion of the Drawing. Each Prize Winner must respond to the notification e-mail within forty-eight (48) hours from the time the notification e-mail is sent, or the Prize will be forfeited and will be awarded to an alternate winner selected by a random drawing from all remaining eligible entries received during the Sweepstakes Entry Period.
- How to Enter. To enter the Sweepstakes, you must answer all questions in your response to the survey, including provision of your full name and a valid e-mail address. Incomplete responses or an invalid e-mail address will result in disqualification. Once the survey is deemed fully and successfully completed, you will receive one (1) entry into the Sweepstakes for the Drawing. Entries must be received and recorded by Sponsor’s computer not later than 11:59:59 p.m. PST on the last day of the Sweepstakes Entry Period. LIMIT OF ONE (1) ENTRY PER PERSON AND EMAIL ADDRESS FOR THE SWEEPSTAKES ENTRY PERIOD. Although subsequent attempts to enter may be received, only the first entry received from a particular individual and using a particular email address will count; subsequent attempts to enter will be disqualified. Moreover, any assignment or transfer of (or attempt to assign or transfer) an Invitation to another individual will result in disqualification from the Sweepstakes.
- Expenses. The Prize Winner is solely responsible for all expenses associated with his/her receipt of the Prize including, without limitation, all income, federal, state, and local taxes. Depending upon the value of the Prize and the requirements of applicable law, the Prize Winner may be issued an I.R.S. Form 1099 (or similar form) to report his/her winnings.
- Limitation on Liability; Release. 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 injuries, damages or losses of any kind to persons or property which may be sustained in connection with 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: CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. “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.”
- Conduct of Entrants. 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.
- General Provisions. 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 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 the survey, these Official Rules, website pages or other promotional materials.
- Termination or Changes. 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/terms-of-use or available by mail (see Section 16, 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.
- Choice of Law; Venue; Restrictions. 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 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.
Online Survey Sweepstakes – RMV Future Development
c/o Rancho Mission Viejo, LLC
Attn: Stephanie Walker
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.