Official Rules
Free Rent Sweepstakes
NO PURCHASE REQUIRED TO ENTER OR WIN
1. ELIGIBILITY: The Free Rent Sweepstakes (the “Sweepstakes”) is open only to legal residents of the United States and Canada (excluding Quebec) who are at least fifty-five (55) years of age or older. Notwithstanding the foregoing, the following individuals are not eligible to enter: (a) individuals who currently reside in, or have previously resided in, a Holiday Retirement Community as of, or prior to, March 31, 2010; (b) employees of Holiday Retirement; (c) the immediate family members (defined as a parent, grandparent, child, sibling, or spouse) of any of the such employees; and/or (d) those residing in the same household of such employees.
2. SPONSOR: The Sweepstakes is sponsored by Harvest Facility Holdings GP LLC, 2250 McGilchrist Street SE, Salem, OR 97302 (“Sponsor”).
3. AGREEMENT TO OFFICIAL RULES: By entering the Sweepstakes, you indicate your full and unconditional agreement to, and acceptance of, these Official Rules and the decisions of Sponsor, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein.
4. HOW TO ENTER: Visit any participating Holiday Retirement Community in the United States or Canada (excluding Quebec) between April 1, 2010 and June 30, 2010, take a tour of the Community, and fill out an entry form for the Sweepstakes. There is a limit of one (1) entry per person/household. Any additional entries will be disqualified.
5. DRAWING: On or about October 15, 2010, Sponsor will select three (3) potential winners in a random drawing of all entries received across all Holiday Retirement Communities. Sponsor will attempt to contact potential winners within five (5) business days of the drawing.
6. REQUIREMENTS OF POTENTIAL WINNERS: A potential winner will be required to complete the following documents in order to receive a prize: (a) Residency and Service Agreement and other necessary Addendum documents; (b) an affidavit of eligibility; (c) a liability release; and, except where prohibited, (d) a publicity release. If a potential winner fails to return the documents within the required time period, he/she will forfeit the prize and an alternate entrant will be selected in his/her place in a random drawing of the remaining entries. If a potential winner is a resident of Canada, he/she will also be required to correctly answer a mathematical skill testing question without any assistance in order to receive a prize.
7. PRIZES: Three (3) winners will each receive free rent and fees at any participating Holiday Retirement Community until one of the following occurs: (a) the amount of free rent and fees reaches US $300,000.00; or (b) the winner and his/her spouse (if applicable) no longer live in a Holiday Retirement Community. A winner is responsible for any rent and expenses above US $300,000. If a winner does not use the entire US $300,000, he/she will forfeit the remainder. The remainder may not be transferred or assigned, and is not transferable upon death, as part of a domestic relations matter, or otherwise by
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operation of law. A winner must move in to a participating Holiday Retirement Community by December 31, 2010 in order to receive the prize. Accommodations are subject to availability. If a winner does not move in by this date, he/she will forfeit the prize and no additional compensation will be provided. If a winner moved in to a Holiday Retirement Community after entering the Sweepstakes, but before winners were selected, part of the US $300,000 will be applied to previously-paid rent and fees. Any prize details not specified above will be determined by Sponsor in its sole discretion. No cash or other substitution may be made, except by Sponsor, who reserves the right to substitute a prize with another prize of equal or greater value if the prize is not available for any reason, as determined by Sponsor in its sole discretion. The winner is responsible for any and all other costs and expenses not listed above. THE VALUE OF THE PRIZE WILL TREATED AS INCOME TO A WINNER AND THE WINNER WILL BE RESPONSIBLE FOR PAYMENT AND REPORTING OF ALL APPLICABLE TAXES. WE ENCOURAGE YOU TO CONSULT YOUR TAX ADVISOR TO DETERMINE HOW WINNING THIS PRIZE MAY AFFECT YOUR TAX OBLIGATIONS.
8. GENERAL CONDITIONS: In the event that the operation, security, or administration of the Sweepstakes is impaired in any way for any reason, Sponsor may, in its sole discretion, either: (a) suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; or (b) award the prizes in a random drawing from among all entries received up to the time of the impairment. 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 Sweepstakes or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Failure by Sponsor to enforce any term of these Official Rules shall not constitute a waiver of that provision. The Sweepstakes is subject to all applicable laws and regulations and is void in Quebec and where prohibited.
9. RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Sweepstakes, you agree to release and hold harmless Sponsor, Harvest Facility Holdings LP, their respective affiliates, and each of their respective officers, directors, employees, and agents (collectively, the “Released Parties”) from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Sweepstakes; (b) printing errors; (c) lost, late, postage-due, misdirected, or undeliverable mail; (d) errors in the administration of the Sweepstakes or the processing of entries; or (e) 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 Sweepstakes or receipt or use of any prize. You further agree that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Released Parties be liable for attorneys’ fees. You waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
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10. DISPUTES: Except where prohibited, you agree that any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Oregon. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of Oregon, without giving effect to any choice of law or conflict of law rules (whether of Oregon or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than Oregon.
11. RESULTS: If you would like a list of winners, please send a self-addressed stamped envelope to 2250 McGilchrist Street SE Salem, Oregon 97302. Requests must be received by November 1, 2010.
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