(“OFFICIAL GIVEAWAY RULES”)
BY ENTERING THE GIVEAWAY YOU AGREE TO THESE OFFICIAL GIVEAWAY RULES, WHICH CONTAIN GRANTS OF RIGHTS AND INDEMNITIES TO CRESCENT BY YOU, LIMITATIONS OF YOUR RIGHTS AND REMEDIES, AND AN ARBITRATION PROVISION THAT WILL REQUIRE YOU TO SUBMIT ANY CLAIMS YOU HAVE AGAINST CRESCENT ON AN INDIVIDUAL BASIS, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, TO BINDING AND FINAL ARBITRATION.
NO PURCHASE, PAYMENT, OR SUBMISSION TO A SALES PROMOTIONAL EFFORT NECESSARY. ODDS OF WINNING DEPEND UPON THE NUMBER OF ELIGIBLE ENTRIES RECEIVED. THERE IS NO REQUIREMENT THAT YOU PURCHASE ANY GOODS OR SERVICES, PAY ANY MONEY, OR SUBMIT TO A SALES PROMOTIONAL EFFORT TO BE ELIGIBILE TO PARTICIPATE IN THE GIVEAWAY, AND NONE OF THE FOREGOING WILL INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
CRESCENT MAY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND ITS SOLE DISCRETION, CHANGE THESE OFFICIAL GIVEAWAY RULES OR MODIFY, TERMINATE, OR SUSPEND THE GIVEAWAY AT ANY TIME.
- ELIGIBILITY: Open only to lawful permanent residents of one of the fifty (50) United States or the District of Columbia (except Alaska, Hawaii, Florida, New York, and Rhode Island) who are eighteen (18) years of age or older at the time of entry. VOID WHERE PROHIBITED. Employees of Crescent, its affiliates, subsidiaries, parent companies, and promotional partners or suppliers (collectively “Related Parties”), as well as the immediate family members of Related Parties (spouse, parent, child, sibling) and/or those living in same household as Related Parties, are not eligible to participate in the drawing. The Giveaway is subject to all applicable federal, state, and local laws and regulations. By entering, you agree to be fully and unconditionally bound by these Official Giveaway Rules, and you represent and warrant that you meet the eligibility requirements. Crescent reserves the right in its sole discretion to disqualify any entrant, including potential winners, who does not comply with these Official Giveaway Rules.
- SPONSOR: Crescent Apex, LLC, 3000 RDU Center Drive, Suite 202, Morrisville, NC 27560 (“Crescent”).
- PRIZES: One (1) winner will receive one (1) Louis Vuitton Graceful PM bag – Damier Azur Canvas with Rose Ballerine coloring (actual retail value One Thousand Three Hundred Seventy-Three Dollars ($1,373.00)) (the “Prize”). The Prize will be awarded following the Prize Period (as described in Section 7 below) by a single random drawing from all eligible entries. The Prize may not be transferred, assigned, or redeemed for cash. The winner will be responsible for paying all costs and expenses related to the Prize that are not specifically mentioned, including, but not limited to, taxes, and any other expenses that might be incurred by the winner in receiving or using the Prize. A lost, stolen, or damaged Prize will not be replaced.
- PUBLICITY RELEASE: By entering the Giveaway you understand and agree that Crescent, its subsidiaries, affiliates, parent companies, advertising and promotional partners, representatives, agents, successors, and assigns shall have the right to print, publish, broadcast, distribute and use, in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, your name, likeness, and any and all identifying characteristics (excluding address, phone number, date of birth, and e-mail address) for purposes of publicity, news, information, trade, advertising, public relations, and promotion, without further compensation, notice, review, or consent unless prohibited by law.
- ODDS OF WINNING: Odds of winning depend upon the number of eligible entries received.
- DRAWING: A potential winner of the Prize will be selected in a single random drawing comprised of all eligible entries received. The drawing for the Prize will be conducted by Crescent or its designee on or about March 19, 2020, following the conclusion of the Prize Period. In the event that Crescent modifies, terminates, or suspends the Giveaway, Crescent may select potential winner(s) from all eligible entries received prior to and/or after (if appropriate) the action taken by Crescent. All decisions of Crescent with respect to the Giveaway are final and binding in all respects, and Crescent has sole and absolute discretion over the interpretation of these Official Giveaway Rules, the administration of the Giveaway, and the selection of a potential winner. The potential winner need not be present at the time of the drawing, and will be notified via the e-mail address provided in their respective entries at the conclusion of the drawing. Failure by any potential winner to respond to such notification within a reasonable time frame, as determined by Crescent in its sole and absolute discretion, will result in disqualification of the potential winner and an alternate potential winner will be selected. The return of a potential winner’s Prize notification or Prize as undeliverable, or rejection of a Prize by a potential winner, will result in disqualification of the potential winner and an alternate potential winner will be selected. Crescent is not responsible for any misdirected notification(s), whether caused by Crescent or resulting from incorrect or otherwise non-functioning e-mail information, or a potential winner’s failure to receive notification(s) due to spam, junk e-mail, or other security settings.
- RELEASE/LIMITATION OF LIABILITY: By entering the Giveaway, you agree to release and hold harmless Crescent and its subsidiaries, affiliates (including, without limitation, Fielding Homes, LLC, and Dan Ryan Builders – North Carolina, LLC), parent companies, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, directors, and attorneys from any liability, loss, injury, damage to property or person, attorney’s fees, and court costs, due in whole or in part, directly or indirectly, by reason of the acceptance, possession, use, or misuse of a Prize or entering in the Giveaway, even if caused by Crescent (including, but not limited to, any purported violation of rights to publicity or privacy, or claims of defamation or portrayal in a false light, or based on aby claim of infringement of intellectual property rights). Without limiting the generality of the foregoing, you further agree that Crescent has neither made nor will be in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, in connection with the Giveaway or any Prize, including, without limitation, to any Prize’s quality of fitness for a particular purpose.
BY ENTERING IN THE GIVEAWAY, YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (i) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS WILL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (ii) UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN ANY AWARD FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, AND/OR OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; and (iii) YOU HEREBY KNOWINGLY AND IRREVOCABLY WAIVE ANT RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.
- GOVERNING LAW: All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Giveaway Rules, or the rights and obligations of participants and Crescent in connection with the Giveaway, shall be governed by, and construed in accordance with, the laws of the State of Maryland without respect to conflict of law doctrines.
- DISPUTE RESOLUTION/NO CLASS RELIEF: DO NOT ENTER THE GIVEAWAY IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL GIVEAWAY RULES. AS A CONDITION OF ENTERING OR PARTICIPATING IN THE GIVEAWAY, YOU AGREE THAT ANY AND ALL DISPUTES THAT CANNOT BE RESOLVED BETWEEN THE PARTIES, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED IN ANY WAY WITH THE GIVEAWAY OR THE PRIZE, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, EXCLUSIVELY IN BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) INCLUDING THE AAA’S SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES, AS MAY BE MODIFIED BY THESE OFFICIAL GIVEAWAY RULES. THE ARBITRATION SHALL BE CONDUCTED AT A MUTUALLY AGREEABLE LOCATION IN ROCKVILLE, MARYLAND, BY A NEUTRAL ARBITRATOR SELECTED PURSUANT TO THE ARBITRATION RULES OF THE AAA. THE ARBITRATOR SHALL APPLY MARYLAND LAW CONSISTENT WITH THE FEDERAL ARBITRATION ACT AND APPLICABLE STATUTES OF LIMITATION. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. ALL ISSUES ARE FOR THE ARBITRATOR TO DECIDE, INCLUDING, BUT NOT LIMITED TO, ISSUES RELATING TO THE SCOPE, ENFORCEABILITY, AND ARBITRABILITY OF THIS ARBITRATION PROVISION. ALL ASPECTS OF THE ARBITRATION PROCEEDING AND ANY RULING, DECISION, OR AWARD BY THE ARBITRATOR, WILL BE STRICTLY CONFIDENTIAL FOR THE BENEFIT OF ALL PARTIES. UPON FILING A DEMAND FOR ARBITRATION, ALL PARTIES TO SUCH ARBITRATION SHALL HAVE THE RIGHT OF DISCOVERY, WHICH DISCOVERY SHALL BE COMPLETED WITHIN SIXTY (60) DAYS AFTER THE DEMAND FOR ARBITRATION IS MADE, UNLESS FURTHER EXTENDED BY MUTUAL AGREEMENT OF THE PARTIES. WITHOUT LIMITING THE SEVERABILITY PROVISIONS IN SECTION 12 OF THESE OFFICIAL GIVEAWAY RULES, IF THE ARBITRATOR DETERMINES THAT ANY TERM OR PROVISION OF THIS SECTION 10 IS INVALID OR UNENFORCEABLE, THE PARTIES AGREE TO REPLACE SUCH TERM OR PROVISION WITH A TERM OR PROVISION THAT IS VALID AND ENFORCEABLE AND THAT COMES CLOSEST TO EXPRESSING THE INTENTION OF THE INVALID OR UNENFORCEABLE TERM OR PROVISION AND THIS SECTION 10 SHALL BE ENFORCEABLE AS SO MODIFIED. ANY ACTION, CLAIM, OR CAUSE OF ACTION NOT SUBJECT TO ARBITRATION AS SET FORTH IN THIS SECTION 10 SHALL BE FILED AND ADJUDICATED IN A STATE OR FEDERAL COURT IN MONTGOMERY COUNTY, MARYLAND (OR SUCH FEDERAL DISTRICT COURT SERVING MONTGOMERY COUNTY, MARYLAND), AND ALL PARTIES AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF THOSE COURTS.
- WINNER’S NAME/OFFICAL GIVEAWAY RULES REQUEST: To obtain a copy of the winner’s name or a copy of these Official Giveaway Rules, mail your request (specifically indicating whether you are requesting the winner’s name and/or a copy of the Official Giveaway Rules) along with a stamped, self-addressed envelope to: Attn: Sales and Marketing, “Grand Opening Event Giveaway – Linden”, 1400 Linden Grove Lane, Apex, North Carolina 27502. Requests must be received by Crescent no later than April 19, 2020.
- MISCELLANEOUS: The invalidity or unenforceability of any provision of these Official Giveaway Rules will not affect the validity or enforceability of any other provision. In the event that any provision of these Official Giveaway Rules is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Crescent’s failure to enforce any term of the Official Giveaway Rules will not constitute a waiver of that provision. You agree to waive any rights to claim ambiguity of these Official Giveaway Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of any provision hereof.
- ALTERNATIVE METHOD OF ENTRY: To enter the Giveaway without attending Crescent’s grand opening event as described in Section 5 above, you may submit a typed or hand-written entry providing your (i) full name; (ii) home address; (iii) e-mail address; (iv) phone number; and (v) date of birth; to Attn: Sales and Marketing, “Grand Opening Event Giveaway – Linden”, 1632 Pricewood Lane, Apex, North Carolina 27502 (the “Alternative Method of Entry”). All entries submitted through the Alternative Method of Entry must be received by Crescent by 7:00 P.M. (Apex, North Carolina, time) on March 19, 2020.
LOUIS VUITTON®: No event described herein is in any way sponsored or endorsed by Louis Vuitton Malletier. Louis Vuitton® is the registered trademark of Louis Vuitton Malletier. All other marks used herein are the property of their respective owners.