GRANDVIEW INN BED & BREAKFAST ESSAY CONTEST OFFICIAL RULES
VOID WHERE PROHIBITED, INCLUDING, BUT NOT LIMITED TO: THE STATES OF ARIZONA (AZ), COLORADO (CO), MARYLAND (MD), NEBRASKA (NE), NORTH DAKOTA (ND), AND TENNESSEE (TN). SPONSOR and ADMINISTRATOR: The sponsor and administrator of this Contest is The Grandview Inn B&B, LLC, an Oklahoma Limited Liability Company with a primary address of 1707 Grandview Ave. Pawhuska, OK 74056 (the “Sponsor”). Winner will be required to execute prize acceptance documents, including but not limited to: Affidavit of Eligibility, Liability Release, W9, and Publicity Release. These documents must be returned as instructed in the prize acceptance documents, as more fully detailed below.
1. CONTEST DESCRIPTION: The Grandview Inn Bed & Breakfast Giveaway is an essay contest (the “Contest”) conducted in the 50 United States and the District of Columbia, except where excluded or prohibited (the “Territory”) that begins July 1, 2019 at 7:00 a.m., U.S. Central Daylight Time (CDT) and ends on (First Deadline Extended: October 31, 2019 at 11:59 p.m., CDT) to February 14th, 2020 at 11:59 p.m, as extended pursuant to these Official Rules (the “Contest Period”). The Contest is governed by these Official Rules and any supplementary rules issued by the Sponsor. The Contest is open to those prospective entrants who meet the eligibility criteria outlined in the section below. There will be only ONE (1) prize, The Grand Prize, which is detailed in Section 8 below, unless the Contest is cancelled as provided by these Official Rule. All valid submissions must be submitted through the Application form located at .Photos and additional information about the Contest are available and are provided in addition to these Official Rules and not as a substitute or replacement.
2. WHO IS ELIGIBLE TO PARTICIPATE. The Contest is only open to legal residents of the U.S. and the District of Columbia who are 18 years of age (or the age of majority in your state, if different) or older as of the date of entry (the “Entrant”). Employees of the Sponsor; Prize provider(s); any promotional companies or advertising agencies participating in the Contest and employees of their respective affiliates and subsidiaries; any persons involved in the creation, development, or implementation of this Contest; and any other persons or entities directly associated with this Contest and any members of their immediate families or households are ineligible to participate. For the purpose of these rules, “immediate family” shall be deemed to mean husband, wife, spouse by common law, children, step-children, adopted children, mother, father, sister, sister-in-law, brother or brother-in-law. Entries for the Contest must be received prior to the expiration of the Contest Entry Period. This Contest is void in Arizona, Colorado, Maryland, Nebraska, North Dakota, and Tennessee, Guam, Puerto Rico, the U.S. Virgin Islands and other U.S. territories and possessions and wherever prohibited or restricted by law, and is subject to all federal, state, and local laws and regulations. By submitting an Application, Entrants agree to abide by and be bound by these Official Rules, any supplementary rules, and all applicable federal, state, and local laws and regulations that govern contests. IT IS UNLAWFUL FOR RESIDENTS OF THESE STATES TO PARTICIPATE IN THIS CONTEST: ARIZONA (AZ), COLORADO (CO), MARYLAND (MD), NEBRASKA (NE), NORTH DAKOTA (ND), AND TENNESSEE (TN). Sponsor reserves the right to conduct a background check on any potential Grand Prize Winner and reserves the right in its sole discretion to disqualify any person based on such background check if Sponsor determines in its sole discretion that awarding the prize to such potential Grand Prize Winner might reflect negatively on Sponsor or be in violation of any laws or regulations. By entering, all Entrants agree to release the Sponsor and Released Parties from and against all claims and damages arising in connection with each Entrant’s participation and/or entry in the Contest and/or his/her receipt or use of any element of the Grand Prize awarded in this Contest, including any injury or harm resulting from the use of the prize or any travel or activity related thereto. This Contest is governed by U.S. law and is subject to all applicable federal, state and local laws and regulations.
3. AGREEMENT TO OFFICIAL RULES. Participation in this Contest constitutes Entrant’s full and unconditional agreement to these Official Rules, any supplementary rules, and Sponsor’s decisions, which are final and binding in all matters related to the Contest. Winning a prize is contingent upon fulfilling all requirements set forth in these Official Rules.
4. ENTRY PERIOD. The Contest opens on July 1, 2019 at 7:00 a.m., U.S. Central Daylight Time (CDT) and ends on (First Deadline Extended: October 31, 2019 at 11:59 p.m., CDT) to February 14th, 2020 at 11:59 p.m (the “Contest Period”), unless extended as indicated in these Official Rules. Entries may only occur during the Contest Period. All entries must be RECEIVED by February 14th, 2020 at 11:59 p.m as indicated by Sponsor’s timekeeper. Sponsor reserves the right and has decided to extend the Contest deadline by NINETY (90) days. Sponsor also reserves the right to cancel the Contest at any time and for any reason(s) at its sole discretion. Any extension of the Contest Period will be announced on the Website.
5. HOW TO PARTICIPATE IN THIS ESSAY CONTEST. The only way to participate in this Contest is to access the Application form located at the following website, during the Contest Period and follow the prompts and instructions. Applications submitted by any other means are ineligible and will not be entered into the Contest. Your Entry is not considered submitted until your Application has been completed and received and your Entry Fee has been received and fully cleared. a. Application. To participate in the Contest, an individual who is a resident of the Territory and who is 18 years of age (or the age of majority in your state, if different) or older, as further defined herein, must first complete the Application (the “Application”).
i. To access the Application from a smartphone, tablet, or pad (collectively “Digital Device(s)”) you may need to download software or authorize access to the platform services. For Digital Device use, Message and Data Rates May Apply (consult your wireless service provider for information specific to your use).
ii. Application Information: Complete the required Application fields. To complete the Application, you must provide your physical address and phone number, type your short answer for each question in English, confirm you have read and agree to be bound by these Official Rules, and click ‘Submit’. If your Application is accepted you will see a confirmation window and an email will be sent to you at the email address provided in your Application. NOTE: The email address, physical address, and phone number you provide in the Application will be used for communication related to the Contest. YOUR ENTRY IS NOT COMPLETE UNTIL YOUR ENTRY FEE HAS BEEN RECEIVED BY SPONSOR AND CLEARED. Once you complete the Application you must pay the Entry Fee by clicking the designated button and make payment via an approved credit card.
iv. Application Limit: Each Entrant may enter as many times as they wish so long as the responses to the questions are unique in each Entry and is accompanied by the correct Entry Fee and you agree to comply with these Official Rules. Any attempt by an Entrant to submit an Application by using different names, email addresses, physical addresses, or who uses any device or artifice to circumvent these Official Rules will be disqualified and ALL participation in the Contest will be forfeited, nullified, and disqualified and any such person, without notification, may be prevented from playing the Contest and/or winning prizes. v. Entrant must ensure that each Entry adheres to the Essay Guidelines and Essay Restrictions stated in Section 5(c) below. Failure to comply with the Essay Guidelines and Essay Restrictions, or any other aspect of these Official Rules will result in disqualification. If Entry is disqualified the Entry Fee will not be refunded. b. Internet Access Requirement. Entrants in the Contest will need internet access via an online Broadband or dial-up carrier or their wireless carrier (Message and Data Rates May Apply, consult your wireless service provider for information specific to your use) and their Application information to participate. If Entrant experiences a power-loss or Digital Device related interruption or crash while logged in, the activity may not be recorded. Sponsor is not responsible for any information or activity that may be lost due to power loss or Digital Device related interruptions or crashes. c. Application Guidelines and Restrictions. All Essays that are submitted in this Contest shall be consistent with the Guidelines and Restrictions set forth below.
i. Essay Guidelines:
1. Your Application includes written short answer responses which must be in English and contain a maximum of 2000 characters. Any deviation may result in the disqualification of your Entry. All aspects of the Essay and Application must be in English;
2. Your Application must answer the questions presented;
i. Response Restrictions:
a. Your answer to the questions is your own original work;
b. Your Application must not contain material that violates or infringes another’s rights, including without limitation, intellectual property rights infringement, privacy, or publicity;
c. Your Application must not contain content which may be deemed to defame, misrepresent, or contain disparaging remarks about Sponsor or its services, products, or other people, products or companies or communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate;
d. The Application must not contain content which is or can be construed as sexually explicit or suggestive, violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain any materially dangerous activity; promoting alcohol, illegal drugs, tobacco, 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; obscene or offensive, endorse any form of hate or hate group; advocating or demonstrating any cruelty toward animals or other humans;
e. The Application must not contain any viruses, worms, spy ware, or other components or instructions
that are malicious, deceptive, or designed to limit or harm the functionality of a computer;
f. The Application must not contain material that is inappropriate, indecent, obscene, hateful, defamatory, slanderous, libelous, or tortious; g. Your Application must not contain intellectual property owned by any third-party for which you do not have written authorization;
h. Your application must not contain previously published works which have been entered into a promotion, contest, or sweepstakes;
i. The Application must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any country where content is created.
k. The Application cannot have been submitted previously in any promotion, contest, or public judging or jury of any kind.
6. ENTRY FEE PAYMENT. This Contest requires each Entrant to pay an entry fee of $140.00, which is payable using a valid credit card (the “Entry Fee”). The Entry Fee is non-refundable and becomes the property of the Sponsor and will not be returned to the Entrant, except as provided in these Official Rules. Each Entrant is required to pay the Entry Fee using the online payment system in the Application. Entrant will be responsible for any bank or merchant fees and Sponsor costs related to any disputed payment. Any payment which fails to authorize shall prevent Entrant from completing the Application. Only eligible Applications which are accompanied by a valid Entry Fee will be entered into the Contest. Sponsor reserves the right to seek reimbursement of any costs and/or fees related to any disputed payment for the Entry Fee.
7. DIGITAL DEVICE REQUIREMENTS. To participate in the Contest, Entrant must have a desktop computer or Digital Device capable of displaying the Application Form. Non-Supported browsers and devices may be served a page stating the Entrant’s browser or device is not supported with links to external pages (not associated with the Contest or Sponsor) to update the Entrant’s browser or direct the Entrant to use a supported device. Using a browser or device not supported may prevent participation in the Contest. While all efforts are made to support current browsers and devices, new browsers and devices may not be supported if brought to market after the start of the Contest. Sponsor is not responsible for any browser or device supporting issues.
8. GRAND PRIZE WINNER DETERMINATION. At no time will the winner be selected by a random draw. This is a game of skill and the winner shall be determined based on skill. Sponsor will select a Grand Prize Winner if the total number of valid entries equals or exceeds 10,000. Should the number of valid entries not equal or exceed 10,000, Sponsor reserves the right, in its sole and absolute discretion, to cancel the Contest and convert the Entry Fee into a gift certificate equal to a one-night stay at The Grandview Inn Bed and Breakfast, subject to availability and terms, within eight (8) weeks of the end of the Contest. In the event of cancellation, Entrant will receive an email with further information about how to redeem their gift certificate. All gift certificates are subject to restrictions, black-out dates, and other terms and conditions. In the event of Sponsor’s cancellation of the Contest and distribution of gift certificates as provided herein, such gift certificates must be redeemed no later than December 31, 2020 for the one-night stay which must be completed no later than December 31, 2022.
All Applications will be judged and scored on the following criteria:
• Potential for inn ownership and operation
• Compatibility with tourism industry
• Motivation for inn management opportunity
• Desire to work in the hospitality industry, specifically in Pawhuska, OK
• Compatibility with day to day responsibilities (ex: culinary/food & customer relations)
• Enthusiasm for potentializing The Grandview Inn B&B in the future.
All Applications will be reviewed and scored based on the above criteria and the top one hundred (100) will be submitted to the judges. Judging will be conducted by a panel of independent judges to be selected by the Sponsor at its sole discretion (the “Panel”). Sponsor will oversee the scoring of Applications but will not be included on the Panel. All judging decisions are final. Please do not contact Sponsor about the status of entries or judging. The entrant with the highest score based on judging by the Panel will be the Grand Prize Winner. Should the Grand Prize Winner be unwilling or unable to claim the Grand Prize within fourteen (14) days of notification by Sponsor, or rejects the Grand Prize, or is found to have been ineligible to have participated in the Contest, or is found to be ineligible to claim the Grand Prize, or if any other such situation occurs in which the first Grand Prize Winner cannot or may not take possession of the Grand Prize, the Grand Prize will be awarded to the entrant with the second-highest score in the Contest based on judging by the Panel. If the second-highest scorer cannot or does not claim the Grand Prize within fourteen (14) days of notification by Sponsor, or rejects the Grand Prize, or is found to have been ineligible to have participated in the Contest, or is found to be ineligible to claim the Grand Prize, or if any other such situation occurs in which the second-highest scorer cannot or may not take possession of the Grand Prize, the Grand Prize will be awarded to the entrant with the third-highest score in the Contest based on judging by the Panel. If the third-highest scorer in the Contest cannot or does not claim the Grand Prize within fourteen (14) days of notification by Sponsor, or rejects the Grand Prize, or is found to have been ineligible to have participated in the Contest, or is found to be ineligible to claim the Grand Prize, or if any other such situation occurs in which the third-highest scorer cannot or may not take possession of the Grand Prize, no further attempts will be made by Sponsor to award the Grand Prize. In the event of a tie, the Entry with the highest score in Creativity/Originality and Sincerity combined will be declared the potential winner. At no time will the winner be chosen at random.
9. GRAND PRIZE. ONE (1) Grand Prize will be awarded. All values are stated in United States Dollars (USD). The total approximate retail value (the “ARV”) of the Grand Prize is $650,000.00 USD. Due to market fluctuations, the final reported value may be more or less than that stated herein.
a. The Grand Prize is the Grandview Inn Bed & Breakfast which includes the real property located at 1707 Grandview Avenue, Pawhuska, OK in Osage County, Oklahoma, along with all guestroom and common room furnishings and equipment, select lighting fixtures, plumbing fixtures, stove and oven as designated by Sponsor in the Bill of Sale, consulting and mentoring for up to thirty (30) days by the Sponsor regarding the management and operation of the Bed & Breakfast, existing bookings, and transfer of any advanced deposits for lodging at the Property (the “Grand Prize” or “Property”). Excluded in the transfer of the Property is any personal property. The real estate and business assets will be evaluated prior to transfer to establish a then-current value. No representation is made by the Sponsor regarding the current fair market value of the Property or the likelihood of maintaining the Property as an ongoing concern.
b. All decisions related to the real property described herein shall be at Sponsor’s sole and absolute discretion. Actual value of the Grand Prize depends on market fluctuations. The escrow and title company used to facilitate the closing process of the Property will be chosen at the sole and absolute discretion of the Sponsor. The exact closing date shall be set by the Sponsor in cooperation with the Grand Prize Winner and the escrow and title company. The Grand Prize shall be awarded “AS-IS” and “WITHOUT WARRANTY OF ANY KIND BY SPONSOR OR ANY OTHER PERSON”, expressed or implied, (including, and without limitation, any implied warranty of merchantability or fitness for a particular purpose). The real property designated as the Grand Prize herein shall be conveyed to the Grand Prize Winner without representations or warranties, express or implied. Deed recording charges and closing costs shall be the responsibility of the Sponsor. Sponsor will pay real estate transfer taxes, if required by the county or state at time of closing. Current and future real estate taxes, title insurance, homeowner’s hazard and liability insurance, operation fees, assessments, and dues, and all other taxes, costs, fees, and expenses related to the maintenance and ownership of the property shall be the responsibility of the Grand Prize Winner as of the date of closing.
c. The Grand Prize Winner solely is responsible for all federal, state, local, and other taxes on receipt of any prize. Sponsor shall not be responsible for any taxes, fees, or assessments on any prize winnings.
d. The Grand Prize Winner will be solely responsible for complying with any and all applicable statutes, laws (including, without limitation, common law, if applicable), rules and regulations and for bearing any personal income tax, withholding taxes, or other taxes, fees, insurance, surcharges or other costs relating to receiving, claiming or collecting any prize. The Grand Prize Winner is hereby informed of the liability to pay all taxes on the prize received; such taxes shall be paid by the winner and are not the responsibility of Sponsor. Grand Prize Winner shall be responsible for reporting his or her individual income tax generated from the prize to relevant tax authorities on his or her own.
e. The Grand Prize Winner will be receiving a business which has bookings for future dates and associated obligations associated with running a business and maintaining an ongoing concern.
10. WINNER NOTIFICATION AND REQUIREMENTS. The potential winner will be notified either by phone or email within fifteen (15) days of the end of the Contest. The potential winner will be required to agree, sign, and submit documents confirming eligibility and acceptance of the prize, agreement to release Sponsor and other parties listed in the Release section below and in the additional release and affidavit, provide documentation of certified funds needed for closing, if applicable to the prize, Affidavit, Release, IRS Form W9, other documents required to determine potential winner’s ability to operate an ongoing concern, and to keep confidential their status as potential winner until announced by Sponsor (the “Prize Claim Documents”). Each winner must complete and sign the required Prize Claim Documents and return them to the Sponsor as indicated in the notice sent to claim his/her prize. If a potential winner fails to execute and return the Prize Acceptance Documentation within the required time period, does not comply with these Official Rules, is found to have been in violation of any rules or requirements of the Contest, or forfeits the prize or is disqualified for any reason other than by voluntarily relinquishing any rights to the Prize, the Prize will be awarded as stated in these Official Rules. Execution of documents described herein must be in accordance with the instructions from and satisfactory to Sponsor. Sponsor is not responsible for any change of mailing address, email address and/or telephone number of Entrants.
If (i) a prize notification or prize is unclaimed, rejected, or returned as undeliverable, (ii) a prize notification is not timely received for any reason, including, without limitation because of spam filters or insufficient space in a potential Winner’s email or voicemail inbox to receive messages, (iii) if potential Winner does not respond as instructed or if the Prize Claim Documents or any other prize correspondence is not returned within the required time period, or (iv) a potential Winner is found not to be eligible or otherwise not in compliance with these Official Rules, the potential Winner, whether the Grand Prize Winner or Consolation Prize Winner, will be disqualified, the prize forfeited, and an alternate Winner selected as stated in these Official Rules. Sponsor reserves the right to modify the notification procedures in connection with the selection of any alternate potential Winner, if any. The Prize Claim Documents are subject to verification by Sponsor. The prize, if legitimately claimed, will be awarded.
11. CONSOLATION PRIZE. Should no Grand Prize be awarded, unless the Contest is cancelled by the Sponsor in accordance with these Official Rules, Sponsor reserves the right to award one (1) Consolation Prize. The Consolation Prize, if awarded, will be awarded to the Entrant with the highest scoring Application based on a combination of both the scoring and Panel determination only in the event that no Grand Prize is awarded in the Contest. Under no circumstances will both a Grand Prize and a Consolation Prize be awarded. The Consolation Prize Winner must meet all eligibility requirements to be declared the winner. In the event that no Grand Prize is awarded as specified by these Official Rules, unless the Contest is cancelled, Sponsor reserves the right to award one (1) Consolation Prize. The Consolation Prize is a single payment of $50,000.00 cash which shall be awarded to the Consolation Prize Winner only after full and complete verification by the Sponsor. The Consolation Prize will be paid via wire transfer into a verified United States bank account bearing the name of Winner. Consolation Prize Winner must execute and deliver to Sponsor or its designee a notarized Affidavit of Eligibility, a Liability Release, IRS Form W9, other documents required by Sponsor, and, except where prohibited by law, if required, a Publicity Release in the form(s) provided by Sponsor or its designee by the date indicated for return on the document(s) prior to any award of the Consolation Prize. Consolation Prize Winner is solely is responsible for all federal, state, local, and other taxes on receipt of any prize. Sponsor shall not be responsible for any taxes, fees, or assessments on any prize winnings. The Consolation Prize Winner will be solely responsible for complying with any and all applicable statutes, laws (including, without limitation, common law, if applicable), rules and regulations and for bearing any personal income tax, withholding taxes, or other taxes, fees, insurance, surcharges or other costs relating to receiving, claiming or collecting any prize. The Consolation Prize Winner is hereby informed of the liability to pay all taxes on the prize received; such taxes shall be paid by the winner and is not the responsibility of Sponsor. Consolation Prize Winner shall be responsible for reporting his or her individual income tax generated from the prize to relevant tax authorities on his or her own. In the event that a Consolation Prize is awarded, the Contest shall not be deemed cancelled and any provisions relating to cancellation shall be inapplicable.
12. GRANT OF RIGHTS. Sponsor does NOT claim ownership of the Application that you submit or make available for inclusion in the Contest. By submitting your Application, you grant to Sponsor, a worldwide, exclusive, perpetual, irrevocable, royalty-free, unconditional, fully paid-up transferable right and license to copy, publicly display (including by means of digital transmission), publish, re-publish modify, adapt, broadcast, display, distribute, use, edit, translate, alter, combine with other material, reuse, import, transmit, distribute (directly or indirectly), license, offer to sell, sell, rent, lease, or lend copies, sublicense to third parties, and otherwise exploit and use the Application (in part or in whole) including any or all portions of the submissions in any way and for any purpose whatsoever, at any time, now or in the future, in any media now known or hereafter devised throughout the world in any manner whatsoever and for any purpose. You also grant to Sponsor the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, unconditional, fully paid-up right to publish your name, state of residence, and likeness in connection with the Contest and the Essay for marketing and promotional purposes in any and all forms of media (whether existing now or in the future). You specifically waive all “moral” rights that you may have in and to the Essay. Accordingly, you understand and agree that by submitting your Essay, Sponsor may use your Essay in any manner on or in connection with the Contest or Sponsor’s activities in general, including, but not limited to, using the Essay on Sponsor’s website and on promotional material for Sponsor.
13. CANCELLATION. In the event of a cancellation by Sponsor, Sponsor will post such information on the Contest Website, as well as send an email notification to the Entrant’s email provided in the Application. In the event of cancellation, the Entry Fee will be converted into a gift certificate for a one-night stay at the Grandview Inn Bed & Breakfast located in Pawhuska, OK. Gift certificate is subject to the terms and conditions provided at the time of cancellation and must be redeemed no later than December 31, 2020 for a stay which is completed by December 31, 2022.
14. RELEASE. Nothing in these Official Rules shall be deemed to exclude or restrict any of the winner’s or the entrant’s statutory rights as a consumer. To the extent permitted by mandatory provision of the applicable law, by receipt of any prize, winner agrees to release and hold harmless Sponsor and any other third-party providers or their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of any prize. You understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. You acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims. Sponsor and Released Parties are not responsible for any incorrect or inaccurate entry information; human error; inability to access the Application platform; theft, tampering, destruction, or unauthorized access to, or alteration of entries; entries that are processed late or incorrectly or are incomplete or lost due to mail delivery issues, failures or malfunctions; printing, typographical, human or other errors; and any entries which are late, lost, incomplete, delayed, misdirected, stolen, garbled, mutilated, inaccurate, illegible or arrive postage due, or any combination thereof. Those Entrants who do not follow all of the instructions, provide the required information in their Entry, or abide by these Official Rules and the instructions of Sponsor will be disqualified. Entries submitted on your behalf by any other individual, by you on behalf of another, or by any entity or group will be declared invalid and disqualified for this Contest.
15. GENERAL CONDITIONS: THIS CONTEST IS VOID WHERE EXCLUDED OR PROHIBITED BY LAW.
a. To the extent permitted under applicable law, Sponsor reserves the right to cancel, suspend, and/or modify the Contest, or any part of it, should the minimum number of Applications not be received or if any fraud, technical failures, human error, or any other factor impairs the integrity or proper functioning of the Contest. Sponsor reserves the right to disqualify any individual it finds to be tampering with the entry process or in the operation of the Contest or to be acting in violation of the Official Rules of this or any other promotion in an unsportsmanlike or disruptive manner and void all associated Entries. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such attempt be made, Sponsor reserves the right to seek damages and remedies (including attorneys’ fees) from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not be considered a waiver of that provision.
b. Entrant shall only participate in the Contest on his or her own behalf and can not participate or enter on behalf of any other person. Any attempt by Entrant to use multiple/different/fictitious/false identities shall void Entrant’s Entry and Entrant will be disqualified from participation in the Contest.
c. Entrant agrees that the Contest and any prizes awarded are provided “AS IS” and the Sponsor makes no warranty, representation, or guarantee regarding the Contest or the prize(s), including, but not limited to, their quality, condition, merchantability, or fitness for a particular purpose. Sponsor makes no warranty that (i) any content, features, or functionality offered on the Website will meet any requirement or will be uninterrupted, timely, secure, or error-free; or (ii) there will be no errors in the Website or any social media interface or any content, feature, or functionality offered thereon. Sponsor shall not be responsible for any damage caused to your computer, mobile device, or data, or for any bugs, viruses, Trojan horses, or other destructive code resulting from use of any online interfaces or any content obtained from the Application platform.
d. All costs, taxes, fees, and expenses associated with the Grand Prize or the acceptance and use of any element of the Grand Prize not specifically addressed in these Official Rules are the sole and absolute responsibility of the Winner. All federal, state, and local taxes on the prize are Winner’s sole and absolute responsibility. The Grand Prize Winner may be responsible for the full and complete payment of the Oklahoma real property transfer tax at the time of closing. The actual amount due is calculated at closing based on then-current tax regulations and must be paid by the Grand Prize Winner in certified funds at the time of closing. The Grand Prize Winner will be issued an IRS Form 1099 tax form for the approximate retail value of the prize. The specifics of all aforementioned elements of any prizes in the Contest shall be solely determined by Sponsor. Some restrictions may apply. The Grand Prize cannot be transferred, substituted or redeemed for cash except at Sponsor’s sole discretion. The Grand Prize may not be awarded.
e. Grand Prize Winner will be required to execute a purchase agreement by providing consideration in the amount of $1, which $1 will be provided to Grand Prize Winner by Sponsor. Grand Prize Winner must accept the Property as-is, where-is, and with all faults per any purchase agreement. Purchase agreement will not be executed and deed will not be available to Grand Prize Winner and Property will not be available for occupancy until the required affidavits and release documents and any other required documents as determined by Sponsor have been executed by the Grand Prize Winner.
f. The real property offered as the Grand Prize, is awarded “as is” and Grand Prize Winner is not entitled to any additional upgrades. Grand Prize Winner must sign official acknowledgement that there may be some variances in Property size, lot size and/or other features and/or community differences. Conveyance of the Grand Prize will be subject to all covenants, easements, rights-of-way, and restrictions of record pertaining to the real property.
g. All costs and expenses associated with prize acceptance, ownership and use, except as noted herein, are the sole responsibility of the Grand Prize Winner. Grand Prize Winner is responsible for all costs of furnishing, upkeep, repair, and maintenance, utilities, landscape costs and all other necessary and incidental fees associated with the Prize as of the date that title and deed are transferred to the Grand Prize Winner. The Grand Prize Winner is responsible for all travel and other expenses relating to transfer, closing, and possession, not otherwise covered by Sponsor as provided in these Official Rules. The estimated market value for the Prize as specified above is as of the date these rules were finalized and may fluctuate. Any difference between the stated value and actual value at the time the prize is awarded will not be awarded. Grand Prize Winner may not be represented by a realtor or broker in connection with this transaction, unless otherwise required by law.
h. No more than the stated prize will be awarded. Entrants waive the right to assert as a cost of winning any prize, any and all costs of verification and redemption or travel to claim the Prize and any liability and publicity which might arise from claiming or seeking to claim said Prize.
i. Sponsor makes no guarantee that the Grand Prize Winner will be able to operate the Grandview Inn Bed & Breakfast for a particular profit, nor is there any guarantee that the Internal Revenue Service (IRS) will accept that value of the Prize for the purpose of determining any income tax that may be due from the Grand Prize Winner. Sponsor makes no guarantee that the Grand Prize Winner will be able to use the property in any manner that creates economic value. Sponsor takes no responsibility for any tax liabilities. Tax liabilities are the sole and absolute responsibility of the Grand Prize Winner. Grand Prize Winner should consult a legal and/or tax advisor for any questions regarding such matters.
j. Sponsor will transfer all real property free and clear of any mortgage, lien, or taxes due.
k. The Grand Prize includes an ongoing business and Entrant should consult with legal and tax counsel regarding the legal and tax implications associated with the acquisition of such prize. l. Failure of the Grand Prize Winner to take ownership of the Prize within sixty (60) days of being declared the Grand Prize Winner, unless such delay is authorized by the Sponsor, shall cause the Grand Prize Winner to forfeit the Grand Prize. m. Photographs and video depictions are for information purposes and may not be an accurate depiction of the Prize. n. The Grandview Inn Bed and Breakfast is an operational business. Entrants are welcome to visit The Grandview Inn Bed and Breakfast Monday through Friday between the hours of 10:00 a.m. and 3:00 p.m., unless otherwise designated on the Website. Entrants shall identify themselves to the staff upon arrival and agree not to interfere with business or guests in any manner.
16. LIMITATIONS OF LIABILITY. To the extent permitted by mandatory provision of the applicable law, Sponsor and Released Parties are not responsible for: (i) any incorrect or inaccurate information, whether caused by Entrant, printing, typographical, or other errors or by any of the equipment or programming associated with or utilized in the Contest; (ii) technical failures of any kind, including without limitation, malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (iii) unauthorized human intervention in any part of the entry process or the Contest; (iv) printing, typographical, technical, computer, network or human error which may occur in the administration of the Contest, the processing or judging of Entry, the announcement of the prize, or in any Contest-related materials; (v) late, lost, undeliverable, damaged or stolen mail; (vi) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use or misuse of any prize (including any travel/activity related thereto); (vii) any claims that the Entrant’s Entry violates or infringes the intellectual property rights of a third party; (viii) any claims by an Entrant that its Entry is similar to or competitive with any other Entry received by Sponsor, including from other entrants; (ix) any claim by an Entrant for reimbursement or remuneration of funds used in creating the Entry; and (x) any claim by an Entrant or Winner for reimbursement or remuneration of funds used in collecting a prize. Sponsor and Released Parties are not responsible for misdirected or undeliverable Entries or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination hereof whether related to Entries or communication by Sponsor to an Entrant. Sponsor and Released Parties are not responsible for any unauthorized third party use of any Entry. Sponsor reserves the right to edit, modify, update, or change these Official Rules for any reason to ensure the integrity as well as the proper functioning and administration of this Contest.
17. GOVERNING LAW, ARBITRATION AND DISPUTE RESOLUTION. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS THE WAY IN WHICH ANY CLAIM OR DISPUTE BETWEEN YOU AND THE SPONSOR IS RESOLVED. a. Governing Law. Unless the laws of your jurisdiction require that the laws of that jurisdiction govern, in which case the laws of such jurisdiction shall govern, all claims arising out of the Contest and all issues and matters concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights of Entrant(s), shall be governed by and construed in accordance with the laws of the State of Oklahoma and the United States of America, without regard to conflict of laws principles. Any and all disputes, claims, and causes of action arising out of, or connected with, the Contest shall be resolved individually, without resort to any form of class action. b. Process. Entrant, Sponsor, and the Released Parties (each, a “Party” and collectively the “Parties”) each agree to finally settle all disputes only through arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in Tulsa, Oklahoma and any other court with jurisdiction over the Parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award are final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The Parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Contest shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either Party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Tulsa, Oklahoma. The federal or state law that applies to these Official Rules will also apply during the arbitration. To the extent permitted by law, Entrant agrees that under no circumstances will the Entrant be permitted to obtain an award for, and Entrant hereby waives all rights to, consequential, incidental, punitive damages, or any other damages, and any and all rights to have damages multiplied or otherwise increased. If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Tulsa, Oklahoma. c. No Class Action or Consolidated Proceedings. ANY ARBITRATION THAT OCCURS SHALL TAKE PLACE ON AN INDIVIDUAL BASIS ONLY. CLASS ARBITRATIONS, CLASS ACTION SUITS OR CONSOLIDATED PROCEEDINGS ARE NOT PERMITTED AS A WAY TO RESOLVE ANY CLAIM OR DISPUTE. d. Limitation of Liability. BY ENTERING THE CONTEST, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED THE AMOUNT PAID FOR THE ENTRY FEE ($140.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) 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 NOT TO EXCEED THE AMOUNT PAID FOR THE ENTRY FEE ($140.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ 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 YOU. e. Scope. This agreement to arbitrate claims and disputes is intended to be broad and includes, without limitation, (i) claims or disputes relating to any aspect of the Contest, whether based in contract, tort, statute, or any other legal theory, (ii) claims or disputes directly or indirectly arising from conduct or events that occurred prior to the effective date of these Rules (including, without limitation, claims relating to advertising), or after its termination, (iii) claims or disputes subject to class action litigation in which you are not currently a member of a certified class, and (iv) claims or disputes with any agent, employee, successor or assign of you, the Sponsor, or the Administrator (all such claims and disputes are referred to collectively as “Claims”). This agreement to arbitrate does not, however, include Claims pertaining to intellectual property rights. f. No Preclusive Effect. No award or finding or stipulation of fact by the arbitrator will have any preclusive or collateral estoppel effect in any other arbitration or court, unless it involves the exact same parties. g. Severability. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, 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 or illegal provision were not contained herein.
18. SEVERABILITY. In the event any provision of these Official Rules is held to be unenforceable, these Official Rules will continue in full force and effect without such provision. If any provision contained in these Official Rules shall for any reason be held to be excessively broad as to duration, geographical scope, activity, or subject, it shall be construed by limiting and reducing it, so as to be enforceable to the extent compatible with applicable law. These Official Rules are intended to be the complete, final, and exclusive statement of the terms of the agreement between each Entrant and the Sponsor relating to the subject matter.
19. PUBLICITY. Except where prohibited, participation in the Contest constitutes the winner’s consent to Sponsor’s use of winner’s name, likeness, photograph, voice, biographical information, winning entry, statements, opinions and/or hometown and state for promotional purposes in any media, now known or developed in the future, worldwide, without further payment or consideration. Nothing contained in these Official Rules obligates any Sponsor to make use of any of the rights granted herein. Winner waives any right to inspect or approve any such use and hereby releases Sponsor and its agents and licensees from any use of the rights granted hereunder. If you are selected as a winner, your information may also be included in a publicly-available winner’s list.
21. WINNER’S LIST. Winner information will be posted on the Website within thirty (30) days of when the winner is verified and the transaction is final. DISCLAIMER: This Contest is in no way sponsored, endorsed, or administered by, or associated with Google, Facebook, YouTube, Instagram, Twitter, or any third-party. Use of their trademarks or intellectual property is incidental to this promotion. All trademarks, service marks, logos, products, or service names are the property of their respective owners. All Rights Reserved. Information is being provided to Sponsor in accordance to these Official Rules.