Excel Homes “See What Excel Can
Do” Sweepstakes OFFICIAL RULES
No Purchase Necessary To Enter or Win! Participation constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules. The “See What Excel Can Do” Sweepstakes (“Sweepstakes”) will begin at 12:00 a.m. Eastern Daylight Time (“EDT”) on April 14, 2008, and end at 11:59 p.m. EDT on September 30, 2008 (“Sweepstakes Period”). Sweepstakes is sponsored by Excel Homes, 300 Corporate Center Drive, Suite 602, Camp Hill, PA 17011 (the “Sponsor”), who is solely responsible for all aspects of this Sweepstakes.
Eligibility: Sweepstakes is open to all traditional site builders and/or modular home builders having a principal place of business in CT, DE, GA, MA, MD, ME, NC, NH, NJ, NY, PA, RI, SC, VA, VT & WV, 18 years of age or older as of “Sweepstakes Start Date” (the "Entrants" or each an "Entrant"). The Sweepstakes is not open to the general public. Employees, officers and directors of the Sponsor, affiliates, subsidiaries, agents, advertising and promotion agencies, (collectively including Sponsor, “Sweepstakes Entities”) their immediate family members (parents, children, siblings, spouses) and persons living in the same household (whether related or not), are not eligible to participate in the Sweepstakes. All federal, state and local laws and regulations apply. Void where prohibited.
Two Ways to Enter: 1) During the Sweepstakes Period, access www.whichismodular.com or www.isitmodular.com and follow the entry instructions. Complete all information requested in the information fields. When your entry is complete, click on the area marked “Enter Sweepstakes” (once submitted, entry cannot be deleted, canceled or modified). Entries must originate through www.whichismodular.com or www.isitmodular.com to be eligible. 2) You may enter by hand-printing your business name, address, title, day and night telephone numbers and age on a 3” x 5”card and mailing it in a standard business-size #10 envelope to: “See What Excel Can Do” Sweepstakes, 90 Rockwood Place, Rochester, NY 14610. All mail-in entries must be postmarked by September 24, 2008, and received during the Sweepstakes Period. Limit one (1) entry per business regardless of method of entry. Sweepstakes Entities are not responsible for illegible, damaged, lost, late, misdirected, incomplete or postage-due mail or entries. Sweepstakes Entities reserve the right to disqualify any Entrant suspected of submitting multiple or fraudulent entries or of tampering with the entry process. All entries become the property of the Sweepstakes Entities and will not be returned.
Internet Limitations of Liability: If for any reason, this Sweepstakes is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupts or affects the administration, security, fairness, integrity or proper conduct of the Sweepstakes, the Sponsor reserves the right, at its sole discretion, to disqualify any business that tampers with the entry process (if applicable), and to cancel, terminate, modify or suspend the Sweepstakes in whole or in part, at any time, without notice and award the prize using all non-suspect eligible entries received as of the termination/suspension date. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. The Sponsor also is not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure or delay of any e-mail or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or on any website, or any combination thereof. Sponsor is not responsible for any damage to an Entrant’s system which is occasioned by participating in this Sweepstakes or by downloading any information necessary to participate in the Sweepstakes. Sponsor also is not responsible for incorrect or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error which may occur in the processing of the entries in the Sweepstakes.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND 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.
Choice Of Law and Forum. Any dispute or claim arising out of this Sweepstakes, or any disputes with site users which arise as a result of the use of these websites, shall be governed by the laws of the Commonwealth of Pennsylvania, without respect to conflicts of laws principles. Any such claim shall be brought and maintained exclusivity in the federal or state courts in and for Cumberland County, Pennsylvania.
Grand Prize: This Sweepstake has one (1) prize, the Grand Prize. The one (1) Grand Prize winner will receive up to $100,000 towards the purchase of an Excel home, including base price, options and transportation. The price may not be used for taxes or the cost of real estate. The prize is not exchangeable, or transferable. There are no substitutions unless specified by the Sponsor. The Sponsor reserves the right at its sole discretion to substitute any prize package with another prize of equal or greater value. The prize winner will be responsible for all taxes, including sales and use taxes, and all other costs.
Drawing and Notification: The prize winner will be selected from among all eligible entries received, in a random drawing Sponsor or its agent, whose decisions are final in all matters relating to this Sweepstakes. The selection of the prize winner will be completed on or about October 15, 2008. Odds of winning will depend on the total number of eligible entries received.
Prize Conditions: The Grand Prize winner will be required to sign an Affidavit of Eligibility and Liability/Publicity Release which must be returned within 7 days of written notification, or the prize may be forfeited and an alternate winner selected. All taxes, if applicable, are the sole responsibility of the winner. The winner’s entry, and acceptance of the prize offered, constitutes permission (except where prohibited) for the Sponsor to use said winner’s name, photograph, likeness, statements, biographical information, voice and address (city and state), in all forms of media, in perpetuity, without notice or further compensation.
Terms & Conditions: This Sweepstakes is subject to all applicable federal, state, and local laws. By entering the Sweepstakes, Entrants agree to release, discharge, indemnify and hold harmless the Sponsor, subsidiaries, affiliates, retailers, distributors and advertising and promotion agencies, and their respective directors, officers, employees, shareholders and agents, from any and all liability, loss, damage or injuries to any person (including death) or property of any kind sustained in connection with their participation in the Sweepstakes or from their acceptance, receipt, possession and/or use or misuse of the prize, or for any typographical or other error in the printing, offering or announcement of the prize.
ENTRANTS FURTHER ACKNOWLEDGE THAT SAID PARTIES HAVE NEITHER MADE NOR ARE IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE PRIZE, INCLUDING, BUT NOT LIMITED TO, ITS QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.
Any person attempting to defraud or in any way tamper with the Sweepstakes mechanics and/or implementation will be prosecuted to the fullest extent of the law. By participating, Entrants agree to be bound by these Official Rules and the decisions of the Sponsor, and waive any right to claim ambiguity in the Sweepstakes or these Official Rules. Sponsor reserves the right to disqualify any Entrant that Sponsor determines, at its sole discretion, violates these Official Rules. This Sweepstakes is void where prohibited. If any provisions of the Official Rules are determined by a court of competent jurisdiction to be invalid or unenforceable, such determination shall not affect the validity or enforceability of any other provision.
Winners List: The winner will be identified on Sponsor's website by November 15, 2008.
Sponsor: Excel Homes, 300 Corporate Center Drive, Suite 602, Camp Hill, PA 17011