OFFICIAL RULES

 

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER, WIN OR CLAIM A PRIZE. 

 

The Pulte® Thanksgiving Tablescape Giveaway (“Promotion”) is sponsored by PulteGroup, Inc., 3350 Peachtree Road, NE, Atlanta, GA 30326 (“Sponsor”).

 

1.         PROMOTION PERIOD:  The Promotion starts on October 21, 2024 at or about 12:00 PM Eastern Time (“ET”) and ends on October 25, 2024 at 11:59:59 PM ET (“Promotion Period”). Sponsor’s computer is the official Promotion clock. Proof of submitting an entry does not constitute proof of receipt.

 

2.         ELIGIBILITY:  The Promotion is open only to legal residents of the fifty (50) United States and District of Columbia who are at least the age of majority or older in their state or district of residence at the time of entry. Employees of Sponsor and its respective parent, subsidiary, and affiliate companies and advertising, promotion and production agencies (collectively, “Promotion Entities”); and the members of each of their immediate family (i.e., spouse, parent, child, sibling, and the “steps” of each) and persons living in the same household of each are not eligible to enter or win. All applicable federal, state and local laws and regulations apply. Void where prohibited or restricted by law. Participation consists of entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein. Each entrant may be required to furnish proof of identification and other proof of eligibility under these Official Rules.

 

3.         HOW TO PARTICIPATE:  During the Promotion Period, an eligible entrant may enter the Promotion by visiting and “following” the Pulte Instagram page (@PulteHomes) and @modernfarmhouse and posting a comment detailing your favorite Thanksgiving dish.  An entrant selected as a potential winner is not a winner of any prize unless and until entrant’s eligibility and the potential winning entry have been verified and entrant has been notified that verification is complete. Sponsor will not accept any other evidence of winning in lieu of its validation process. One entry per person.

 

The posted comment must include “#sweeps”.

If it is discovered that an entrant has registered or attempted to register more than once during the Promotion Period, all of that entrant’s entries may be declared null and void and the entrant may not be eligible to win a prize.

 

Entrants must have a valid public Instagram account to participate. If you do not already follow the Sponsor on Instagram, visit www.instagram.com/pulte and click on the “Follow” icon. A free Instagram account can be created by visiting www.instagram.com and following the on-screen instructions to register. The Sponsor has no control over whether or not Instagram will grant you an account.

 

Entrant’s posts and any comments must be in good taste and suitable for public dissemination at the Sponsor’s sole discretion and must be in compliance with the Terms and Conditions of Instagram. By submitting an entry, Entrant warrants and represents that their posts and comments will not violate any law, regulation or any right of any third-party, including, without limitation, the publicity, intellectual property or privacy of any person, living or deceased, or otherwise infringe upon any person’s personal or proprietary right. Any entry which does not comply with these requirements, in the sole opinion of the Sponsor, may be disqualified and deleted. 

 

4.         RANDOM DRAWING:  On or about November 1, 2024, Sponsor will randomly select one (1) potential winner from among all eligible entries received during the Promotion Period.  The potential prize winner will be notified via direct message to their Instagram account with instructions to receive the prize. The winners will be required to provide their physical addresses for the shipment and fulfillment of the prize.

 

5.         PRIZES, APPROXIMATE RETAIL VALUES (“ARV”) AND ODDS OF WINNING:

 

A.        Prize (1):  One (1) winner will receive a Thanksgiving tablescape prize package. The Approximate Retail Value (“ARV”) of the prize is $662.34, consisting of the following: dinner plates set of 4, appetizer plates set of 4, chargers set of 4, cocktail glasses set of 4, napkins set of 4, napkin rings set of 4, candles, candle holders, 3 decorative terra cotta pumpkins, table runner.

 

B.        Odds of Winning and Limitations:  The odds of winning a prize depend on the total number of eligible entries received during the Promotion Period. There is a limit of one (1) prize.

 

Prize must be accepted as awarded, and prize is awarded “AS IS.” Prizes consist only of items specifically listed as part of the prize or as agreed upon by Sponsor in writing. Certain conditions and restrictions may apply, specifically including without limitation any restrictions included in the prize packaging. All costs and expenses not specified herein, related to the prize or incurred by accepting a prize, are the sole responsibility of the winner. Winner agrees to contact the manufacturer and not the Sponsor if there are any defects or issues with the prize.

 

6.         HOW TO CLAIM A PRIZE:  Before being declared a winner the potential winner may be required to execute an Affidavit of Eligibility/Liability & Publicity Release and tax acknowledgment (“Affidavit”). If requested, the potential winner must return a fully executed and notarized Affidavit to the Sponsor or its authorized designee within fourteen (14) calendar days from the date it is postmarked as being sent to the potential winner or the prize may (in Sponsor’s sole discretion) be forfeited. If any potential winner is disqualified, found to be ineligible or not in compliance with these Official Rules, cannot be contacted within a reasonable time as determined by Sponsor in its sole discretion, declines to accept a prize, cannot enjoy the prize for any reason, or in the event that the winner fails to return an executed and notarized Affidavit within the stated deadline period (if applicable), the prize may be forfeited, and a new winner may be selected by random draw.

 

Each potential winner may be required to furnish proof of identification and other proof of eligibility under these Official Rules. Sponsor will attempt to ship prizes to the winners within approximately 2 to 6 weeks from the date of the winner’s verification. The right to receive a prize is non-assignable, non-transferable and no prize substitution, exchange or cash equivalent will be allowed, except by Sponsor who reserves the right to substitute a prize of equal or greater value in its sole discretion for any reason. Federal, state and local taxes, if any, are solely the responsibility of each winner.

                 

7.         LIMITATION OF LIABILITY:  Promotion Entities are not responsible for illegible, lost, late, incomplete, stolen, misdirected, postage due, or undeliverable electronic messages or postal mail; or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability, or garbled, corrupt or jumbled transmissions, service provider/Internet/web site/use net accessibility, availability, or traffic congestion, or any technical, mechanical, printing, or typographical or other error, or unauthorized human intervention, or the incorrect or inaccurate capture of entry information, or the failure to capture, or loss of, any such information.  Promotion Entities are not responsible for any incorrect or inaccurate information, whether caused by any web site users, tampering, hacking, or by any of the equipment or programming associated with or utilized in the Promotion and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to any web site(s). Promotion Entities are not responsible for any injury, including death, or damage, whether personal or property, to participants or to any person's computer related to or resulting from participating in the Promotion and/or accepting a prize. If, for any reason, an entry is confirmed to have been erroneously deleted, lost or otherwise destroyed, corrupted or for any other reason not accepted as an entry into the Promotion, the entrant’s sole remedy is to submit another entry. If, for any reason, the Promotion is not capable of running as planned, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Promotion and/or proceed with the Promotion in a manner it deems fair and reasonable including the selection of winners from among eligible entries received prior to such cancellation, termination, modification or suspension. In no event will more prizes be awarded than are stated in these Official Rules. If for any reason, including, but not limited to, an administrative, printing, production, computer or other error or due to technical difficulties or incorrect announcements of any kind, more winning notices are distributed than are intended to be awarded according to these Official Rules, the prize winners will be awarded in a random drawing from among all verified prize notices received for that prize.

 

IN NO EVENT WILL PROMOTION ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEBSITE OR ANY OTHER WEBSITE ASSOCIATED WITH THIS PROMOTION.  WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITE AND ASSOCIATED WITH THE PROMOTION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. VOID WHERE PROHIBITED, AS SOME JURISDICTIONS MAY NOT ALLOW SUCH LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES. AN ENTRANT MUST CHECK LOCAL LAWS TO LEARN IF ANY OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY.

  

Promotion Entities are not responsible for and shall be defended, indemnified, held harmless and released by each entrant against any claims, liabilities, lawsuits, judgments, causes of action, proceedings, injuries, death, losses, costs, expenses or damages of any kind resulting from, in connection with, or arising from an entrant’s participation in the Promotion or acceptance, receipt, delivery, use, nonuse, misuse, defect in, inability to use, possession, or loss of a prize. In particular, by entering the Promotion, each entrant agrees to waive all of his/her rights to bring any claim, action, or proceeding against Promotion Entities in connection with the Promotion; and to forever and irrevocably agree to release, defend, indemnify, and hold harmless Promotion Entities from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability costs and expenses (including, without limitation, reasonable outside attorneys’ fees) for an injuries, losses or damages of any kind to persons, including, without limitation, death, or property resulting in whole or in part, directly or indirectly, from: (a) the Promotion, including but not limited to any Promotion-related activity or element thereof, and the entrant’s entry, participation or inability to participate in the Promotion, (b) the violation of any third party privacy, personal, publicity or proprietary rights, (c) typographical or printing errors in these Official Rules or any Promotion materials, (d) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a prize (or any component thereof), (e) any change in the prizing (or any components thereof) due to unavailability, or due to reasons beyond Sponsor’s control, including but not limited to by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not such action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened or actual terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond any Promotion Entity’s control, or as otherwise permitted in these Official Rules, (f) any interruptions in or postponement, cancellation, or modification of these Official Rules, (g) human error, (h) incorrect or inaccurate transcription, receipt or transmission of any part of the entry (including, without limitation, the information or any parts thereof), (i) any technical malfunctions or unavailability of the Website or any telephone network, computer system, computer online system, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider, or mail service utilized by any of Promotion Entities or by an entrant, (j) interruption or inability to access the Promotion, Instagram or any other Promotion-related web pages, or any online service via the Internet due to hardware or software compatibility problems, (k) any damage to entrant’s (or any third person’s) computer and/or its contents related to or resulting from any part of the Promotion, (l) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, (m) any late, lost, stolen, mutilated, misdirected, illegible, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged entries, (n) any wrongful, negligent, or unauthorized act or omission on the part of Promotion Entities, (o) lost, late, stolen, misdirected, damaged or destroyed prize (or any element thereof), (p) the collection, use and/or sharing of entrant’s personally identifiable information by Sponsor or its designees or (q) the negligence or willful misconduct of any entrant. 

 

8.         DISPUTES: ALL ASPECTS OF THE PROMOTION ARE GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF MICHIGAN, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN THE APPLICABLE UNITED STATES DISTRICT COURT LOCATED IN THE EASTERN DISTRICT OF MICHIGAN OR THE APPROPRIATE MICHIGAN STATE COURT LOCATED IN MICHIGAN. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“AAA RULES”). THE AAA RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN MICHIGAN. ENTRANTS AGREE THAT THE STATUTE OF LIMITATIONS FOR ASSERTING ANY CLAIMS SHALL BE A PERIOD OF ONE (1) YEAR FROM THE END DATE OF THE PROMOTION PERIOD.

 

9.         WAIVER:  Further, entrants hereby waive all rights, to: (i) claim punitive, exemplary, special, incidental, indirect and consequential damages and any other damages (whether due to negligence or otherwise), other than for actual out-of-pocket costs; and (ii) have damages multiplied or otherwise increased. Entrants agree that the rights and obligations of any entrant and/or Promotion Entities and/or any other party shall be resolved individually, without resort to any form of class action.

 

10.       PRIVACY POLICY:  Any personally identifiable information collected during an entrant's participation in the Promotion will be collected by Sponsor or its agent and used by Sponsor, its affiliates, agents and marketers for purposes of the proper administration and fulfillment of the Promotion as described in these Official Rules and in accordance with Sponsor's Privacy Policy and any opt-ins an entrant may have agreed to during the registration process.

 

11.       PUBLICITY RIGHTS:  By participating in the Promotion and/or accepting a prize, each entrant grants (and agrees to confirm that grant in writing) permission for Sponsor and/or Sponsor's designee the perpetual worldwide right to use his/her name, biographical information, photos and/or likeness, and statements for Promotion, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered, including but not limited to television and Internet, without notice, review or approval and without additional compensation except where otherwise prohibited by law. 

 

12.       GENERAL:  In the event of a dispute as to the identity of a winner based on an Instagram account or e-mail address, the winning entry will be declared made by the authorized account holder of the applicable account used at the time of entry. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address or account by an Internet access provider, on-line service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning accounts for the domain associated with the submitted account. Sponsor reserves the right, to disqualify any individual found, in its sole opinion, to be tampering with the operation of the Promotion; to be acting in violation of these Official Rules; or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of a Promotion. Any use of robotic, automatic, macro, programmed, third party or like methods to participate in the Promotion will void any attempted participation effected by such methods and the disqualification of the individual utilizing the same. CAUTION AND WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. All entries and/or materials submitted become the property of Sponsor and will not be returned or acknowledged. In the event of any conflict with any Promotion details contained in these Official Rules and Promotion details contained in Promotion Materials (including but not limited to point of sale, broadcast, and print advertising, promotional packaging, and other promotion media), the details of the Promotion as set forth in these Official Rules shall prevail. 

 

13.       WINNERS LIST:  For a list of winners, interested individuals should mail a self-addressed stamped business envelope to: Winners List, Pulte® Thanksgiving Tablescape Giveaway, 3350 Peachtree Road, NE, Atlanta, GA.  Winner List requests must be received no later than January 31, 2024.

 

SOCIAL MEDIA: This Promotion is in no way sponsored, endorsed, or administered by, or associated with Instagram, its parent organization or any other social media platform.  By submission of an entry, participants release any applicable social media platform from any claim or liability, of any type or nature, in connection with the Promotion.  You provide your information to Sponsor and not to any social media site.