1. These are the official rules for the 2011 Archstone Decorate Your Space Sweepstakes (the “Sweepstakes”) offered by Archstone (the “Sponsor”). By entering the Sweepstakes, entrants agree to be bound by these official rules and all decisions of the Sponsor relating to the Sweepstakes, which shall be final and binding on entrants. Note: this Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook. Any information you submit in connection with this Sweepstakes is being provided to Archstone and not to Facebook.
2. NO PURCHASE, PAYMENT OR SUBMISSION TO SALES PRESENTATION NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. YOU HAVE NOT WON. ALL FEDERAL, STATE, LOCAL AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED. .
3. Eligibility: This Sweepstakes is open only to residents of the fifty (50) United States and the District of Columbia, who are 18 years of age or older, or the age of majority in the state of residence, whichever is older, at the time of entry. Employees of Sponsor and its parent, subsidiary, and affiliate companies, and its advertising agencies, property managers, leasing agents, and/or promotional partners, including, but not limited to, Wildfire (collectively Sponsor and these entities will be referred to herein as the “Sponsor Entities”) or the immediate family members of, or to any persons domiciled with, any such employees, are not eligible to enter or win. For purposes of the Sweepstakes, “immediate family members” are defined as spouses, children, siblings, parents, grandparents and grandchildren.
4. How to enter: You can enter by filling out the Sweepstakes entry form on Sponsor’s Facebook page (through an application developed by Wildfire) between 12:00 p.m. EDT on September 6, 2011 and 9:00 p.m. EDT October 6, 2011 (“Sweepstakes Period”). All entries submitted by this method must be received by 9:00 p.m. on October 6, 2011. Upon completion of the Sweepstakes entry form, you will be given the opportunity to invite your friends to enter the Sweepstakes. You will receive one additional entry into the Sweepstakes for each friend who accepts the electronic invitation and successfully enters a valid entry in the Sweepstakes during the Sweepstakes Period.
You can also enter by mailing a 3” x 5” card with your name, address, email address and phone number to Attention Lindsey Bernhardt, Archstone, 9200 East Panorama Circle, Suite 400, Englewood, CO 80112. All entries submitted by this method must be postmarked by October 6, 2011, and received by October 12, 2011. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted.
Limit one entry per person. Multiple entries submitted by the same person will be disqualified. The time and date of receipt of any entry will be determined solely by the Wildfire server that receives the entries. Entries that are lost, late, misdirected, illegible, incompletely received, or incomplete, for any reason, will not be eligible and are not the responsibility of the Sponsor Entities. Proof of sending will not be deemed to be proof of receipt. All entries become the property of Sponsor.
In case of a dispute over the identity of an entrant, the authorized account holder of the email address used to enter will be deemed to be the entrant. “Authorized account holder” is defined as the person who is assigned to an email address by an Internet access provider, online service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address.
5. Determination of the winner: One winner will be randomly selected at the end of the Sweepstakes Period for the Grand Prize described in Section 6 below from all eligible entries received. The winners will be announced on or about October 18, 2011.
6. Prizes and odds of winning: There will be one (1) Grand Prize awarded consisting of a $5,000 gift card to West Elm. The total approximate retail value of the prize is $5,000. The odds of winning the Grand Prize depends on the number of eligible entries entered. Submitting an entry does not mean you have won. Only one prize per person.
7. Notification of winner: Each provisional winner will be notified by phone or email using contact information provided on the Sweepstakes entry. If the provisional winner does not respond within 14 days of the first notification attempt, or fails to comply with the instructions contained in the prize notification within that time period, Sponsor reserves the right to choose an alternate provisional winner based on the criteria set forth in Section 5. Return of any prize notification as undeliverable will result in disqualification and selection of an alternate provisional winner. The provisional winner may be required to provide evidence of identity in connection with claiming the prize. The provisional winner may also be required to claim his or her prize by completing, signing and notarizing an affidavit of eligibility, a liability release and, except where prohibited by law, publicity release, which must be returned via mail or hand delivery within ten (10) business days of date of sender’s postmark. Failure of any prize winner to timely sign, notarize and return any required affidavit and release, or to claim his or her prize or comply with any term or condition of these official rules, will result in disqualification and the forfeiture of his or her interest in the prize. The provisional winner must also sign any other legal documents which Sponsor may require (including W9 tax forms). Non-compliance may result in disqualification. The award of all prizes is subject to verification of eligibility and compliance with these Official Rules. Only when the provisional winner meets all the requirements of these Official Rules will that person be declared the winner.
8. Income and other taxes, if any, on the value of the prize are the sole responsibility of the winner. Sponsor may issue a Form 1099 to the winner for the approximate retail value of the prize for any prizes of $600 or more.
9. By accepting the prize, winner agrees that Sponsor may use winner’s name and likeness for editorial, advertising and publicity purposes, including without limitation, posting on Sponsor’s website, without further compensation, except where prohibited by law. By entering the Sweepstakes, to the maximum extent permitted by law, each entrant agrees to release Sponsor Entities, their affiliates, and any of their directors, officers, employees and agents from any and all liability arising out of his/her participation in this Sweepstakes with respect to the awarding, receipt, use and/or misuse of any prize, or participation in any prize-related travel or other activity, including without limitation, personal injury, death, and property damage, and claims based on publicity rights, defamation, or invasion of privacy. Sponsor assumes no responsibility for any damage to a participant’s or any other person’s computer system or wireless phone which is occasioned by accessing the Facebook page or otherwise participating in the Sweepstakes, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due entries or prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. EACH WINNER ACKNOWLEDGES THAT SPONSOR DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE PRIZE AND THAT SPONSOR EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE.
10. No substitution of prizes, including cash substitutions, will be permitted, except that Sponsor has the right in its sole discretion to substitute a prize of greater or equal value if the stated prize is not available. Prizes are not transferable.
11. Sponsor reserves the right, in its sole discretion, to disqualify any entrant found tampering with the entry process or with the operation of the Sweepstakes or who violates these Official Rules , or to be acting in an unsportsmanlike or disruptive manner. Caution: any attempt by an entrant to deliberately damage or undermine the legitimate operation of the Sweepstakes may be in violation of criminal and civil laws and will result in disqualification of such entrant. Should such an attempt be made, Sponsor reserves the right to seek remedies and damages (including attorney’s fees) from any such entrant to the fullest extent of the law, including criminal prosecution. Sponsor reserves the right to terminate, suspend or modify the Sweepstakes if, at its sole discretion, it determines that for any reason the Sweepstakes is not capable of running as originally planned, or fraud, technical failures, printing, mailing or distribution errors, or any other unanticipated causes or occurrences have compromised the fairness or integrity of the Sweepstakes. In the event the Sweepstakes is terminated prior to the stated end date, Sponsor reserves the right to award the Grand Prize in a random drawing from among all eligible entries received as of the date of termination.
12. This Sweepstakes is subject to all federal, state and local laws and regulations. Except where prohibited, entrants agree that: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of any entrant(s) or the Sponsor Entities shall be governed by and construed exclusively in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law of any jurisdiction. Entrants agree that any action at law or in equity arising out of or relating to this Sweepstakes, or awarding of the prizes, shall be resolved individually, without resort to any form of class action, and shall be filed only in the state or federal courts located in the State of California, and entrants hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
13. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes but in no event attorneys’ fees; 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. Some jurisdictions do not allow the limitations or exclusion of liability for incidental or consequential damages, so the above may not apply to you.
14. Names of products or manufacturers are used for purposes of prize description only and such use is not intended to suggest or imply the manufacturer’s sponsorship, endorsement, or the approval of this Sweepstakes. All trademarks referenced herein are owned by their respective companies and do not imply or suggest that such companies endorse or support this Sweepstakes.
15. All information collected from entries will be subject to the Archstone privacy policy which can be found at www.ArchstoneApartments.com.
16. For a winner’s list, send a stamped, self-addressed envelope after October 18, 2011, to Attention Lindsey Bernhardt, Archstone, 9200 East Panorama Circle, Suite 400, Englewood, CO 80112.
17. The Sponsor: Archstone, 9200 East Panorama Circle, #400, Englewood, CO 80112.