Anyone who signs a Construction Agreement (“Contract”) for the construction of a new Design Tech Home from January 1, 2017 through September 30, 2017, may register (one named person from each Construction Agreement) to participate in a Golf Putting Challenge (the “Golf Challenge”) for a chance to win the contracted purchase price of their home (up to a maximum of $500,000). Contract cancellations, Contracts subject to any contingency, or unapproved loan voids participation in the Golf Challenge. The Golf Challenge will take place at a special Homeowner Appreciation event on October 21, 2017, at MainStreet America in Spring, Texas. All eligible, pre-registered Design Tech customers must be present at the event to participate in the Golf Challenge, and may invite guests to attend. At the event, each eligible and pre-registered participant will take one turn each in the 25-foot Golf Challenge. Registrations completed by anyone other than the named person from each Construction Agreement are void. A customer may decline to participate in the Golf Challenge by signing a waiver. Design Tech Homes follows all requirements by law of the Fair Housing Act which prohibits discrimination in the sale and financing of property on the basis of race, color, religion, sex, handicap, familial status, or national origin. Participants must be at least 18 years old to participate. All participants must be present at the scheduled event, no separate putting dates will be allowed.
Design Tech Homes, 18750 Interstate 45, Spring, TX 77373;
Interactive Promotions Group, 136 Coulter Avenue, Ardmore, PA 19003
The cash amount equal to the contracted purchase price of the customer’s Design Tech home (up to a maximum of $500,000). Taxes, insurance, HOA fees, and other costs may not be included in prize.
To Win the 3-Holes-in-3 Grand Prize
Participant must successfully putt, while using a regulation golf putter and maintaining a regulation putting stroke, three (3) golf balls, one ball into each of the three (3) cups and must make their attempts on the putting green provided by the Promotion Sponsors. The participant may only have one (1) attempt at making the three (3) successive putts in a row and must make each of the three (3) successive putts. Success rate is .02%.
In the case of two or more participants who successfully hole three balls in to each of the three cups in one attempt, those participants will participate in a Golf Challenge playoff until one winner remains with one prize awarded. Each playoff participant will putt one golf ball on the putting green until one participant successfully holes the ball into one of the cups. An equal number of attempts must be made by each participant. This will continue until one participant holes a ball and the others do not.
The Promotion Sponsors reserve the right to cancel, suspend and/or modify this promotion at any time, including if any fraud, technical failures or any other factor beyond Promotion Sponsor’s reasonable control impairs the integrity or proper functioning of the Golf Challenge, as determined by Promotion Sponsor in their sole discretion. Promotion Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Golf Challenge may be a violation of criminal and civil law, and, should such an attempt be made, Promotion Sponsor reserves the right to seek damages from any such persons to the fullest extent permitted by law. Promotion Sponsor’s failure to enforce any terms of these Official Rules shall not constitute a waiver of that provision.
At the end of promotion, including any early cancellation or extension date, all eligible participants up to the final promotion end date will be eligible to participate in the golf putting challenge. If promotion is extended past the original end date, neither the promotion nor the golf putting challenge event will extend past December 31, 2017.
If a Grand prize winner is determined, prize recipient will receive the contracted purchase price prize (up to a maximum of $500,000) upon completion of construction of their Design Tech home. Prize recipient is responsible for all taxes and fees associated with the prize receipt and must complete a W9 form for tax purposes prior to receiving their prize.
Promotion Sponsors reserves the right to cancel the Golf Challenge if conditions exist that would make the Golf Challenge unsafe or in the event of force majeure or for any other reason, which prevents the conducting of the Golf Challenge, assuming no attempts to win the prize were initiated.
Any and all disputes with the Promotion Sponsors shall be governed by the laws of the State of Pennsylvania, without regard to its conflict of laws, and submitted to binding arbitration in accordance with the rules of the American Arbitration Association and pursuant to the provisions of the Pennsylvania Uniform Arbitration Act. The venue for such arbitration shall be in Montgomery County, Pennsylvania. Each party agrees to pay their respective expenses associated with any such arbitration. The prevailing party shall be entitled to receive all reasonable and necessary attorney’s fees.
Verification of Participant
Participants will sign a release to agree to:
- The rules of the Golf Challenge as stated in full and presented by the Promotion Sponsors
- The rules of the United States Golf Association (USGA) Rules of Golf definition that a “putt” as a “stroke” and a “stroke” as the forward movement of the club made with intention of fairly striking at and moving the ball. A ball is considered “holed” when it is at rest within the circumference of the cup and all of it is below the level of the lip of the cup; For the purposes of the Golf Challenge the USGA Rules of Golf regarding a hole shall apply to a cup;
- The use of a regulation golf putter and maintaining a regulation putting stroke, three (3) golf balls into each of the three (3) cups and must make their attempts on the putting green provided by Promotion Sponsors. The participant(s) may only have one (1) attempt at making the three (3) successive putts in a row and must make each of the three (3) successive putts in order to be reimbursed for the prize;
- The golf balls may not come in contact with anything else before coming to rest in the designated cup once the ball has been putt;
- All putts must be made from behind the black demarcation line;
- The equipment, including the putter and golf balls must adhere to USGA and/or PGA specifications.
- If the person who signed to participate becomes physically impaired and due to the physical impairment cannot fully participate in the Golf Challenge on the day of the event, that person may designate a co-signer of the Construction Agreement as the proxy in writing on a form to be provided by the Promotion Sponsors. If none of the co-signers are able to participate on the day of the event, their participation must be forfeited.
Entry Conditions and Release
Participants and winners will sign a release to agree to:
- Consent to Promotion Sponsors and its agents' use of winner/contestant's name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration;
- Comply with and be bound by these Official Rules and the decisions of the Promotion Sponsors which is binding and final in all matters relating to this Golf Challenge;
- Release and hold harmless the Promotion Sponsors and each of their respective parents, subsidiary, and affiliated companies, the prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Golf Challenge, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant's entry, creation of an entry or submission of an entry, participation in the Golf Challenge, acceptance or use or misuse of prize and/or the broadcast, exploitation or use of entry; and
- Indemnify, defend and hold harmless the Promotion Sponsors from and against any and all claims, expenses, and liabilities (including reasonable attorney fees) arising out of or relating to an entrant’s participation in the Golf Challenge and/or entrant’s acceptance, use or misuse of prize. The promotion and Golf Challenge event are subject to all applicable federal, state and local laws and regulations. Participation constitutes entrant's full and unconditional agreement to these Official Rules and Promotion Sponsors’ decisions, which are final and binding in all matters related to the promotion and Golf Challenge. Winning a prize is contingent upon fulfilling all requirements set forth herein.
Limitations of Liability
The Released Parties are not responsible for:
- Any incorrect or inaccurate information, , printing errors by any of the equipment or programming associated with or utilized in the Golf Challenge;
- Technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software;
- Unauthorized human intervention in any part of the entry process or the Golf Challenge;
- Technical or human error which may occur in the administration of the Golf Challenge or the processing of entries; or
- 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 Golf Challenge or receipt or use or misuse of any prize. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant's sole remedy is another entry in the Golf Challenge, provided that it is not possible to award another entry due to discontinuance of the Golf Challenge, or any part of it, for any reason.. No more than the stated number of prizes will be awarded. In event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed, Promotion Sponsors reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims. No more than the number of stated prizes will be awarded.
Entrant agrees that:
- Any and all disputes, claims and causes of action arising out of or connected with this Golf Challenge, or any prizes awarded, other than those concerning the administration of the Golf Challenge or the determination of winner/contestant, shall be resolved individually, without resort to any form of class action;
- Any and all disputes, claims and causes of action arising out of or connected with this Golf Challenge, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate State Court;
- Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Golf Challenge, but in no event attorneys' fees; and
- Under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
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