Shoot For the Stars REALTOR® Contest by
Horizon/ Deer Creek Development Corp.

OFFICIAL RULES 

 

  1. Eligibility: An eligible sale must be an original contract written and executed between January 1, 2020, and September 7, 2020 (the "Eligibility Period") for a home in Sandbrock Ranch built by either Highland Homes, Perry Homes or David Weekly Homes (an "Eligible Sale").  A licensed real estate professional ("Realtor") will receive one (1) entry in the cash rewards drawing to be held at a celebration event on Wednesday, September 16, 2020, at the Renaissance Dallas at Plano Legacy West, 6007 Legacy West, Plano, Texas 75024, for each Eligible Sale completed during the Eligibility Period. Participation is non-transferable. Horizon/Deer Creek Development Corp. ("Developer") has sole discretion in determining whether a sale has met the eligibility requirements as an Eligible Sale and the odds of winning depend on the total number of eligible entries received. Only one Realtor name listed on a sales contract for an Eligible Sale will be recognized. Offer valid on Eligible Sales at Sandbrock Ranch by Highland Homes, Perry Homes and David Weekly Homes. Please see a Sales Counselor for more information. A Realtor must complete: (a) an Eligible Sale in Sandbrock Ranch for each entry in the cash rewards drawing; and (b) be present to win any prize drawn at the final event.

  2. Sponsor: The Contest is sponsored by Horizon/Deer Creek Development Corp., whose address is 5760 Legacy Drive, Suite B3-388, Plano, Texas 75024 ("Sponsor").

  3. Agreement to Official Rules: Participation in the Contest constitutes Entrant's full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon fulfilling all requirements of these Official Rules.

  4. How to Enter: Entrants will receive one entry in the Contest for each fully executed written contract for purchase of a Eligible Home (herein defined) that Entrant causes to be signed by an Eligible Buyer (herein defined) during the period between 12:01 A.M. CST on January 1, 2020 and 11:59 P.M. Central on September 7, 2020 (the "Contest Deadline"). Each contract for an Eligible Home must be executed or closed. Canceled contracts are not eligible.

  5. Eligible Homes: At this time all inventory homes (meaning any home that has a been issued a permit by the appropriate governmental authority for the area in which the home is being built) of Highland Homes, Perry Homes or David Weekley Homes (each referred to as a "Eligible Builder"), and new build homes by any Eligible Builder located solely within the community known as Sandbrock Ranch, in Denton County, Texas (each an "Eligible Home"), are eligible for the Program.
  6. Prize: Up to $100,000 in cash prizes ("Prize") will be given away at the Sponsor's Event. Except as indicated in these Official Rules, any local, state or federal taxes associated with any Prize awarded in connection with the Contest are the sole responsibility of the Entrant. The Entrant will also be required to disclose his/her social security number for the purpose of issuance of a Form 1099 for tax purposes. Except as indicated in these Official Rules neither Sponsor, Highland Homes, Perry Homes nor Weekley Homes are liable for the payment of any taxes associated with any Prize. Sponsor shall also file the appropriate disclosures with all relevant federal, state and local taxing authorities related to the Prizes and will issue each winner with a 1099 Tax Form. Entrant should consult with a tax advisor concerning the tax consequences of winning a Price from the Contest.

  7. Sponsor Event: Sponsor will host a winner's celebration event after the Contest Deadline ("Sponsor Event"). Entrant must be physically present at the time of the drawing at the Sponsor Event in order to claim the Prize. Weather permitting, the Event and Sweepstakes shall take place at the Renaissance Dallas at Plano Legacy West, 6007 Legacy West, Plano, Texas 75024 on September 16, 2020.

  8. General Conditions: In the event that the operation, security, or administration of the Contest is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem, the Sponsor may, in its sole discretion, suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules. The 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 in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. The Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. The Contest is subject to all applicable federal, state, and local laws and regulations and is void where prohibited by law. Sponsor reserves the right to discontinue the Contest for any reason and no reason at any time.

  9. Release and Limitations of Liability: By entering the Contest, each Entrant agrees, and by accepting a Prize, the Entrant agrees to release, indemnify and hold harmless Sponsor, Highland Homes, Perry Homes and Weekley Homes and their respective parents, subsidiaries, affiliates, officers, directors, employees and representatives (the "Released Parties") from and against any liability, loss, damage, cost, and expense that the Released Parties may suffer as a result of any claims, suits, demands, actions, causes of action ("Claims"), penalties, expenses, or costs, including reasonable attorneys' fees ("Losses"), whether foreseen or unforeseen, that may be made or had against the Released Parties arising from or in connection with the Contest, including, but not limited to, all such Claims and Losses arising from: (a) any Prize won; (b) the negligence, reckless acts, and/or intentional or willful misconduct by Entrants, any potential Entrant or the Entrant; (c) any injuries, death, damage to persons or property, losses, or other damage of any kind that the Entrants, any potential Entrant or the Entrant may sustain which may be caused, directly or indirectly, in whole or in part, from or in connection with their participation in the Contest or receipt of any Prize, unless prohibited by law; and (d) any claims based on publicity rights, defamation, misappropriation, false association, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property related cause of action and/or breach of contract. IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF (i) ENTRANTS' ACCESS TO AND USE OF THE CONTEST, DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THE CONTEST; OR (ii) ENTRANT'S USE OF ANY PRIZE. IN NO EVENT SHALL THE RELEASED PARTIES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED $100. WITHOUT LIMITING THE FOREGOING, THIS CONTEST AND ALL PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THESE LIMITATIONS OR EXCLUSIONS OF LIABILITY ARE SUBJECT TO APPLICABLE LAW. As a condition of entering the Contest, Entrant gives consent for Sponsor to obtain and deliver his/her name, address, and other information to third parties for the purpose of administering this Contest and complying with applicable laws, regulations, and rules. Any information Entrants provide to Sponsor may be used to communicate with Entrant in relation to this Contest or on a Contest winner's list. Sponsor is not responsible for any typographical or other error in the printing of this offer, administration of the Contest, or in the announcement of Prizes. In the event Sponsor is prevented from continuing with this Contest, or the integrity and/or feasibility of the Contest is undermined by any event including, but not limited to: fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state or local government law, order or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor's control (each a "Force Majeure" event or occurrence), Sponsor shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel, or terminate the Contest.

  10. Publicity: Entrants hereby grant to the Sponsor of the Contest, and/or the Eligible Builders, unrestricted perpetual permission to use his or her name, voice, photograph or other likeness in any and all media now known or hereafter developed, without compensation or notice, for any purpose, including, without limitation, the award of Prizes or publicizing the Contest, the Sponsor, and/or Sponsor's and/or the Eligible Builders' publications.

  11. Disputes: Except where prohibited, Entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any Prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of Texas. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, Entrant's rights and obligations, or the rights and obligations of the Sponsor or Eligible Builders in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Texas, without giving effect to any choice of law or conflict of law rules (whether of the State of Texas or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Texas.