Sweepstakes Rules & Regulations
The 2023 Fountains at Roseville Hold On To Summer Promotional Contest (the “Contest”) is a no purchase necessary, random drawing Contest sponsored by the Fountains at Roseville in Roseville, CA, Inter-Cal Real Estate Corporation, Roseville Fountains, LP and Creative Marketing Arts. Facebook and Instagram do not endorse, administer or promote the contest. This Contest is subject to federal, state and local regulations and laws and void outside the United States and wherever prohibited or restricted. Submission of any information will constitute your acknowledgment that you are providing information to Fountains at Roseville, Inter-Cal Real Estate Corporation, and Creative Marketing Arts (the “Sponsor”) via https://www.fountainsatroseville.com and your agreement to be bound by these Official Rules. Submission of email will constitute your acknowledgment that you are allowing Sponsor to add you to our email database. Duplicate entries will be disqualified. The Contest will be administered for Sponsor by the Sponsor.
CONTEST DESCRIPTION:
Prizes: Four (4) winners in July 2023 will receive a prize package to include: (1) $50 Fountains at Roseville gift card, (1) $50 Peet’s Coffee gift card, (1) $50 Yard House gift card, and (1) $100 Zocalo or (1) $100 Mikuni gift card. Four (4) winners in August 2023 will receive a prize package to include: (1) $50 Fountains at Roseville gift card, (1) $50 Miabella Gelato gift card, and (1) $150 Dave & Busters gift card. Four (4) winners in September 2023 will receive a prize package to include: (1) $50 Fountains at Roseville gift card, (1) $50 Whole Foods gift card, (1) $50 J. Crew Factory gift card, and (1) $100 DSW gift card.
Prizes are non-assignable and non-transferable. Each winner is responsible for any and all local, state and/or federal taxes, as well as any other costs and expenses.
Contest Schedule: Entries will be accepted and must be received beginning Saturday, July 1st, 2023 at 12:01 a.m. Pacific Standard Time through Saturday, September 30th, 2023 at 11:59 p.m. Pacific Standard Time.
ELIGIBILITY: No purchase necessary to enter or win. This Contest is open to those who, at the time of entry, are: (a) legal residents of the United States (excluding Puerto Rico, U.S. Virgin Islands and Guam) (b) eighteen (18) years of age or older and (c) reside in the local Roseville, CA and surrounding areas. Duplicate entries will be disqualified. Notwithstanding the foregoing, the following are not eligible to participate: Sponsor employees, officers, and directors of Sponsor, or Sponsor Vendors/Contractors and each such person’s immediate family members (as defined by the IRS) and/or people living in the same household with any such person. All eligibility is subject to all federal, state, and local laws and regulations. Participation in this Contest constitutes each Entrant’s full and unconditional representation of their age, as well as acceptance of these Official Contest Rules and consent to be contacted by Fountains at Roseville by Facebook, Instagram or fountainsatrsvl@gmail.com.
CONTEST ENTRIES: During the entry period (07/01/2023-09/30/2023), visit https://marketingguru.wufoo.com/forms/fountains-at-roseville-hold-on-to-summer-giveaway/ to enter your Name, birthdate, email address, city and zip code. Only one (1) entry per month, per household will be eligible. Duplicate entries will be disqualified.
Tampering with the entry process or the operation of the Contest is prohibited and any entries deemed by Sponsor, in its sole discretion, to have been submitted in this manner will be void.
No comment may be obscene, pornographic, violent, offensive in any manner, or in any other way not suitable to be published, in the Sponsor’s sole discretion. If an entry falls into this category their corresponding entry will become void. Entries made on another’s behalf by any other individuals or any other entity, (including but not limited to commercial contest/sweepstakes subscription notification and/or entering services), will be declared invalid and disqualified for this Contest. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible.
All entries are subject to verification by the Sponsor. Incomplete, illegible, mutilated or otherwise inadequate entries, and entries that do not meet the specifications for entries, or otherwise do not comply with these Official Rules, may be disqualified. Any form of entry other than as described herein is void. Sponsor will determine in its sole discretion, what constitutes a valid entry.
Sponsor, and their agents and employees, shall have no responsibility for problems downloading or uploading of any contest-related information to or from the web site or for any other technical malfunctions of electronic equipment, computer on-line systems, servers, or providers, computer hardware or software failures, phone lines, failure of any electronic mail entry to be received by Sponsor on account of technical problems, traffic, congestion on the internet or the web site, or any other technical problems related to web site entries including telecommunication miscommunication or failure, and failed, lost, delayed, incomplete, garbled or misdirected communications or inadequate entries.
Entry in the Contest does not constitute entry into any other promotion, contest or sweepstakes now or hereafter offered by Sponsor or any other person.
ODDS OF WINNING: Only the number of prizes listed above will be awarded in this Contest. Odds of winning depend on the number of eligible entries received. The purchase of any good(s) or service(s) will not increase your chances of winning.
SELECTION & NOTIFICATION OF WINNERS: Winner(s) will be selected using the computer generated – random winner picker program from eligible entrants received by the sponsor within 24-48 hours after the sweepstakes period has ended.
Winner(s) will be notified via fountainsatrsvl@gmail.com on or about Tuesday, August 1st, 2023; Friday, September 1st, 2023; and Monday, October 2nd, 2023. Results may be obtained by written request addressed to the Sponsor at: Creative Marketing Arts, 11 Natoma Street, Suite 140, Folsom, CA 95630.
The timekeeper for this Contest is the Sponsor, and is based on the Sponsors IP address and local time zone (Pacific Standard Time).
Sponsor shall have no liability for any potential prizewinner notification that is lost, intercepted, or not received by any potential prizewinner for any reason.
One (1) attempt will be made to contact a winner within a three (3) day period of end of Contest. If a winner fails to respond within a seven (7) day period from initial contact, or if the selected winner cannot accept or receive the prize for any reason, or they are not in compliance with these Official Contest Rules, the prize will be forfeited, and an alternate winner may be selected at Sponsor’s discretion. Each winner has seven (7) days after acceptance to take delivery of their prize.
Alternate winner will be defined by same random winner picker program used to determine first winner. If any potential prizewinner is found to be ineligible, or if they have not complied with these Official Rules or declines a prize for any reason prior to award, such potential prizewinner will be disqualified, and an alternate prize winner may be selected.
AWARDING OF PRIZES: All prizes in the Contest are nontransferable, nonassignable, nonnegotiable, and not redeemable for cash or credit. All prizes must be accepted as awarded. Prizes are awarded “AS IS” with no warranty, representation or guarantee, express or implied, in fact or in law, made by Sponsor or for which Sponsor shall be liable, including, without limitation, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. No cash or other substitution may be made, except by Sponsor, who reserves the right (but has no obligation) to substitute a prize (or a component thereof) with another prize (or component thereof, including cash) of equal or greater value if a prize is not available for any reason as determined by Sponsor in its sole discretion. Prizes will be awarded only upon successful verification that all Contest requirements have been met, including, eligibility, age and other claims of/information provided by a potential Winner. Unused components of a prize shall be forfeited and have no redeemable cash value. Entrant will take delivery of Prize within seven (7) days of notice of availability by picking up the prize/winnings from 1013 Galleria Boulevard, Roseville, CA 95678. Potential winner(s) may be required to provide sponsor with proof that they are the authorized account holder of the account associated with the winning entry. Proof of submitting entries will not be deemed to be proof of receipt by sponsor.
AGREEMENT: By submitting an entry, each contestant unconditionally: (a) Accepts, and agrees to comply with and abide by, these Official Rules and the decisions of the Sponsor, whose decisions shall be final and legally binding in all respects; (b) Except to the extent expressly prohibited by applicable law, grants to Sponsor permission, for purposes of advertising, promotion and publicity worldwide and in all forms of media now known or hereafter devised, in perpetuity, without further compensation or authorization: (i) to use entrant’s name, photograph, likeness, voice, biographical information, prize won, and contest responses; and (ii) to use, edit, exhibit, distribute, perform, merchandise, license, sublicense, adapt and/or modify entrant’s comment in any way; (c) Agrees to irrevocably assign and transfer to Sponsor, in writing, any and all rights, title and interest in the entry, including, without limitation by listing, all copyrights, and releases of use of entrant’s entry form, as reasonably requested by Sponsor. (d) Represents to Sponsor that the submission does not contain any copyrighted material or other intellectual property owned by any third person(s); and (e) Agrees that Sponsor, and their agents and employees, are released from, and shall not be responsible or liable for, any losses, damages or injuries of any kind resulting from entrant’s participation in the Contest or any Contest-related activity, or from entrants’ acceptance, receipt, possession and/or use or misuse of any prize.
INDEMNIFICATION. By entering the Contest, Entrants and each winner agree to forever release, indemnify and hold harmless Sponsor, Facebook/Instagram, Sponsor’s parent companies, managing agents, subsidiaries and affiliates, and their related parties, and each of the foregoing entities’ respective officers, directors, employees, representatives and agents of each (collectively, the “Released Parties”) FROM AND AGAINST ANY AND ALL LIABILITY WHATSOEVER FOR ANY CLAIMS, COSTS, INJURIES, LOSSES OR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH ENTRANT’S PARTICIPATION IN THE CONTEST, OR DOWNLOADING OR ACCESSING OF ENTRY MATERIALS, OR THE ACCEPTANCE, POSSESSION OR USE/MISUSE OF ANY PRIZE AWARDED HEREIN, ANY SERVICES PROVIDED BY PARTIES OTHER THAN THE SPONSOR IN CONNECTION WITH THE PRIZE AWARDED, OR PARTICIPATION IN ANY PRIZE-RELATED ACTIVITY (INCLUDING, WITHOUT LIMITATION, CLAIMS, COSTS, INJURIES, LOSSES OR DAMAGES RELATED TO PERSONAL INJURIES, DEATH, DAMAGE TO, LOSS OR DESTRUCTION OF PROPERTY, RIGHTS OF PUBLICITY OR PRIVACY, DEFAMATION OR PORTRAYAL IN A FALSE LIGHT). Entrants and each Winner further covenant not to sue Sponsor or any of the other Released Parties and hereby acknowledge that neither Sponsor nor any Released Party has made or is in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Contest or the Prizes.
INTELLECTUAL PROPERTY: All information, ideas, photos, and other materials submitted become the property of the Sponsor and will not be returned or acknowledged. Submissions shall not contain any copyrighted or trademarked elements other than elements owned by the entrant or Sponsor. Use of any copyright or trademark elements owned by a third party will result in disqualification of a submission, in the Sponsor’s sole discretion. If a submission depicts any third party, you must have permission from that third party. All Personal Data will be held, used, and processed by the Sponsor in accordance with its Privacy Policy as posted on Sponsor’s webpage at https://www.fountainsatroseville.com/privacy-policy/. Entrants must provide all required information for their Entry to remain eligible.
PRIZE CONDITIONS: Prize winners will be required to complete IRS Form 1099 Tax Payer’s request for Identification, execute an Affidavit of Eligibility, a Liability Release, and (where permitted by law) a Publicity Release form (collectively, “Prize Claim Documents”) if prize won exceeds value of $500 (five hundred dollar – US).
SPONSOR’S RESERVATIONS OF RIGHTS: Sponsor reserves the right to cancel or modify the Contest if fraud or technical failures destroy the integrity of the Contest as determined by the Sponsor, in its sole discretion, and to award the prizes based on eligible entries received prior to the cancellation. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Contest, to be acting in violation of these Official Rules, or to be acting in an un-sportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted. Sponsor reserves the right to modify, extend, suspend, or terminate the Contest if it determines, in its sole discretion, that the Contest is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Contest as contemplated herein. In the event of termination, a notice will be posted online and all eligible entries/votes received prior to termination will be included in the judging/voting. If technical malfunctions or suspect voting/irregularities corrupt the voting process, Sponsor will determine Finalists/Contest Award recipient based on non-suspect entries/votes.
FORCE MAJEURE: In the event that Sponsor is prevented from awarding prizes or continuing with the Contest as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis (e.g. SARS), order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then Sponsor shall have the right to modify, suspend, or terminate the Contest. If the Contest is terminated before the designated end date, Sponsor will (if possible) select the winner in a random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. Only the type and quantity of prizes described in these Official Rules will be awarded. If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available in the prize category in question may be selected in a random drawing from among all persons making purportedly valid claims for such prize(s). The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
LIMITATION OF LIABILITY: The Released Parties/Sponsors are not responsible for, and entrant hereby releases Sponsor, from any claims arising from: (i) technical failures of any kind, including but not limited to the malfunctioning interruptions, or disconnections of any computer, cable, network, hardware or software; (ii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iii) unauthorized human intervention in any part of the entry process or the Contest; (iv) electronic or human error which may occur in the administration of the Contest or the processing of entries; (v) any incorrect or inaccurate information, whether caused by Entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (vi) any injury or damage to persons or property, including but not limited to entrant’s computer, hardware or software, which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest; (vii) or receipt or use or misuse of any prize; and (viii) undeliverable emails. 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 Contest at the discretion of the Sponsor.
DISPUTES: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate federal or state court of California; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (3) unless otherwise prohibited, under no circumstances will entrant or winner be permitted to obtain awards for, and each entrant and winner hereby waives all rights to claim, indirect, 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant, winner and Sponsor in connection with the Contest shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
COPIES OF RULES AND WINNERS LIST: To obtain a copy of these Official Rules (print this page) and/or any legally-required winners list, send a self-addressed stamped envelope to: Creative Marketing Arts, 11 Natoma Street, Suite 140, Folsom, CA 95630. All such requests must be received within two (2) years of end of the Contest.
2023 Fountains at Roseville, Inter-Cal Real Estate Corporation, Creative Marketing Arts, All Rights Reserved.