Children’s Miracle Network Hospitals: RE/MAX Corporate Employee Payroll Donation Program
Below are the Official Rules and more information for how to participate in the Sweepstakes, hosted by Children’s Miracle Network Hospitals.
CHILDREN’S MIRACLE NETWORK HOSPITALS
RE/MAX EMPLOYEE PAYROLL DEDUCTION PROGRAM SWEEPSTAKES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR DONATION WILL NOT INCREASE THE CHANCE OF WINNING. VOID WHERE PROHIBITED. BY ENTERING (OR OTHERWISE PARTICIPATING IN) THE CONTEST, EACH CONTESTANT AGREES TO BE BOUND BY THESE OFFICIAL RULES AND THE DECISIONS OF CHILDREN’S MIRACLE NETWORK D/B/A CHILDREN’S MIRACLE NETWORK HOSPITALS (“CMN HOSPITALS” OR “SPONSOR”), WHICH SHALL BE FINAL IN ALL RESPECTS. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF CONTESTANTS.
ENTRANTS MUST BE 18 OR OLDER TO ENTER.
ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
READ THESE OFFICIAL RULES CAREFULLY BEFORE PARTICIPATING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO CMN HOSPITALS FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
- Eligibility. The Sweepstakes is open only to individual employees of RE/MAX Holdings, Inc. and all of its subsidiaries who are legal residents of, and physically located in, one of the fifty (50) United States or the District of Columbia (but excluding the territories of Puerto Rico, Guam, American Samoa, and any other United States territories, possessions, and protectorates, foreign based United States military installations, and wherever restricted or prohibited by law) and Canada. Contestant must be at least eighteen (18) years of age (or the age of majority in his or her state of citizenship, whichever is older) as of the date of entry. In addition, individuals are not eligible to participate or win a prize in this Sweepstakes if they have been involved in the development, organization, production, implementation and distribution of this Sweepstakes.
- Entry Period. To enter the Sweepstakes, you must complete a RE/MAX Employee Payroll Deduction Form and submit it to the RE/MAX Payroll Department before 12:00 a.m. on August 30, 2022, or (2) enter the sweepstakes through the alternate method of entry detailed below in Section 5. No minimum donation is required. Only one entry is permitted per eligible contestant. Submitting the Payroll Deduction Form or entering the Sweepstakes using the alternate method of entry will signify an agreement to these Official Rules. Any attempted form of entry into the Sweepstakes other than as described herein is void.
3. How to Win. A random drawing will be conducted on or after August 30, 2022, by Sponsor, to select a single winner (the “Winner”) from among all eligible entries received. Odds of winning depend on the number of entries received. The potential Winner will be notified via email and/or U.S. Mail or international mail. The Grand Prize consists of the following: a complimentary 4 day/3 night stay in a 2-bedroom villa (where available) at participating Marriott Vacation Club, Sheraton Vacation Club and Westin Vacation Club Resorts. The certificate does not include food, beverage, parking, service charges, other taxes, or incidental expenses. Transportation not included. The certificate is valid through July 18, 2023, and excludes the following dates: December 19, 2022 – January 3, 2023, Easter Sunday and the 5 days both prior and after, and Presidents Day and the 5 days both prior and after. Available at select U.S. and international locations. Approximate retail value $2,025.00. Winner will be notified by CMN Hospitals after August 30, 2022.
4. Required Documentation. Upon Sponsor’s request, the Winner agrees: To complete and return to Sponsor a Form W-9, and any other tax documents or other documentation that Sponsor may require.
5. Alternate Means of Entry. Eligible individuals may also enter the Sweepstakes by sending a postcard containing entrant’s name, address and telephone number via U.S. Mail or international mail to Children’s Miracle Network Hospitals, 205 West 700 South, Salt Lake City, Utah, 84101, Attn: Theresa Scheller. Only one entry per eligible individual will be permitted, whether through donation or through this alternate means of entry. No donation or purchase is required to enter. Entries must be received before August 30, 2022.
6. Privacy.If Contestant is selected as a winner, Contestant’s information and prize may be used in a publicly-available winner’s list. Please see Sponsor’s privacy policy located at https://miraclehomeprogram.org/privacy-policy. By entering this Sweepstakes, Contestant accepts and agrees to abide by these privacy policies. In the event of a conflict between these Official Rules and the privacy policy, these Official Rules shall govern.
7. General Conditions. All Contestants, as a condition of entry, agree to be bound by these Official Rules and the decisions of Sponsor (including, without limitation, interpretation of these Official Rules and awarding of prizes) which are final and cannot be challenged or appealed. If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules, or if the potential winner cannot receive the prize, or declines the prize for any reason prior to award, such potential winner may be disqualified and an alternate potential winner may be selected. Sponsor is not responsible for and shall not be liable for, and will not replace, late, lost, damaged, intercepted, misdirected, or stolen prizes or any prize that is undeliverable or does not reach a winner because of an incorrect or changed address. Sponsor is not responsible for or liable for unsuccessful efforts to notify a potential winner. The prize will be delivered to the winners as soon as reasonably practicable, as determined by Sponsor in its sole and absolute discretion. By entering this Sweepstakes, Contestant agrees to waive any right to claim ambiguity with the Official Rules.
8. Tampering with Sweepstakes. Sponsor is not responsible for the actions of Contestants in connection with the Sweepstakes, and Contestant attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity, or proper conduct of the Sweepstakes. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds or reasonably believes, in its sole discretion, to be tampering with the operation of a Sweepstakes; to be acting in violation of these Official Rules; or to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any attempt to cheat the Sweepstakes or any Sweepstakes, as determined at the sole and absolute discretion of Sponsor, may result in immediate disqualification of the Contestant, as well as other possible consequences, including disqualification from any and all existing and future Contests and contests hosted or sponsored by Sponsor. ANY ATTEMPT TO DAMAGE ANY CONTEST-RELATED ONLINE SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST VIOLATES CRIMINAL AND/OR CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR MAY DISQUALIFY ANY CONTEST CONTESTANT MAKING SUCH AN ATTEMPT AND SPONSOR RESERVES THE RIGHT TO SEEK ALL LEGAL AND EQUITABLE REMEDIES FROM AND AGAINST ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
Submitting the entry form emailed to you or entering the Sweepstakes using the alternate method of entry will signify an agreement to these Official Rules.
9. Suspension/Modification/Termination. In the event Sponsor is prevented from continuing with the Sweepstakes by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Sweepstakes by any party, 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, Sponsor shall have the right to modify, suspend or terminate the Sweepstakes. Sponsor additionally reserves the right, in its sole and absolute discretion: (a) to modify, suspend or terminate the Sweepstakes should causes beyond Sponsor’s control corrupt or interfere with the administration, integrity, operation, security or proper play of the Sweepstakes; or (b) to disqualify any entrant found to be, or suspected of: (i) tampering with the entry process or the operation of the Sweepstakes; (ii) acting in violation of these Official Rules; or (iii) acting in an un-sportsmanlike manner.
10. Waivers, Disclaimers and Releases. By participating in the Sweepstakes, Contestant agrees to release, discharge and hold harmless, for his/her self and for their heirs, executors, administrators, assigns and any other person(s) who may take by or through Contestant, Sponsor, RE/MAX and any other organizations affiliated with the sponsorship, fulfillment, administration, prize support, advertisement or promotion of the Sweepstakes, and each of their respective parents, agents, affiliates, assigns, subsidiaries, advertising and promotion agencies, and each of their respective directors, officers, employees, agents, representatives, successors and assigns (collectively, the “Released Parties”) from and against any and all claims, liability, costs, losses, damages or injuries of any kind arising out of or related to Contestant’s participation in the Sweepstakes and/or related to any prize (including, without limitation, losses, damages or injuries to Contestant’s or any other person’s equipment or other property, or to their persons, related to participation in the Sweepstakes; or arising out of any violation of rights of publicity or privacy, or claims of defamation or portrayal in a false light; or based on any claim of infringement of intellectual property; or from any typographical, human or other error in the printing, offering, selection, operation or announcement of any Sweepstakes activity and/or prize). Without limiting the generality of the foregoing, Contestant (or Contestant’s parent/legal guardian where applicable) agrees that the Released Parties: (a) have 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 Sweepstakes and/or with respect to prizes, including, without limitation, to any prize’s quality or fitness for a particular purpose; and (b) maintain no control over the personnel or equipment or other person or entity furnishing services, products or accommodations (“Suppliers”) in connection with the Sweepstakes. Contestant agrees that the Released Parties shall have no responsibility or liability for discontinued prizes; human error; incorrect or inaccurate transcription of registration and/or account information; any technical malfunctions of the network, computer online system, computer dating mechanism, computer equipment, software, or Internet service provider utilized by Sponsor; interruption or inability to access the Internet, or Sponsor’s websites, or affiliated entities’ respective websites, or any online service via the Internet due to hardware or software compatibility problems; any damage to Contestant’s (or any third person’s) computer and/or its contents, equipment, or other property related to or resulting from any part of the Sweepstakes; any lost/delayed data transmissions, omissions, interruptions, viruses, bugs, defects; and/or any other errors or malfunctions, even if caused by the negligence of the Released Parties. Contestant further agrees to indemnify and hold harmless the Released Parties from and against any and all liability resulting or arising from the Sweepstakes and to release all rights to bring any claim, action or proceeding against the Released Parties and hereby acknowledges that the Released 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 a prize, including express warranties provided exclusively by Suppliers that may be sent along with a prize; this release covers, without limitation, any damage, liability, costs, attorneys’ fees and expenses whatsoever arising directly or indirectly out of the Sweepstakes or Contestant’s acceptance, use, misuse, utilization, omission or possession of any prize that may be awarded to Contestant in the Sweepstakes, and also includes, without limitation, claims based on personal injury, death, loss of enjoyment, property damage, any claims based on publicity rights, privacy rights, personality rights, “moral rights,” defamation and any and all taxes levied, assessed or collected or other harm or loss of any nature, even if due to the negligence, omission, or other fault of Sponsor or the Released Parties. The Released Parties are not responsible for the actions of Contestants in connection with the Sweepstakes, including Contestant attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity, or proper conduct of the Sweepstakes. The Released Parties are not responsible for any changes or unavailability of any platform that may interfere with the Sweepstakes (including any limitations, any restrictions, or any conditions on Sponsor’s ability to use said platform for the Sweepstakes as set forth herein) or Contestant’s ability to timely enter, receive notices or communicate with Sponsor via said platform, in which case Sponsor, in its sole discretion, may terminate or modify the Sweepstakes. Contestant (or Contestant’s parent/legal guardian where applicable) further understands and agrees that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. Contestant (or Contestant’s parent/legal guardian where applicable) acknowledges that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
11. Entry Information and Sweepstakes Communications. Any information a Contestant provides to Sponsor may be used to communicate with Contestant in relation to this Sweepstakes or to be included in a Sweepstakes winner’s list.
12. Governing Law; Limitation of Liability. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of Contestants, Sponsor, or the Released Parties in connection with the Sweepstakes will be governed by and construed in accordance with the internal laws of the State of Utah, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws.
BY ENTERING THE SWEEPSTAKES, CONTESTANT (OR CONTESTANT’S PARENT/LEGAL GUARDIAN WHERE APPLICABLE) AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY CONTESTANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND CONTESTANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) CONTESTANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND CONTESTANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THIS AGREEMENT WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLDUING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.
13. Dispute Resolution.The parties each agree to finally settle all disputes only through arbitration; provided, however, Sponsor shall be entitled to seek injunctive or equitable relief in the state or federal courts in Salt Lake City, Utah, and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Sweepstakes shall be resolved solely by binding arbitration before a sole impartial arbitrator pursuant to proceedings administered by the American Arbitration Association or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Salt Lake City, Utah; provided, however, if the location is not convenient for the hearing, the parties may mutually agree on an alternative location. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate does not apply and the dispute must be brought in a court of competent jurisdiction in Salt Lake County, Utah. Sponsor will not be responsible for paying any fees associated with a Contestant’s travel or other costs incurred to attend an arbitration hearing. Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
14. List of Sweepstakes Winner/Official Rules Requests. For the identity of the winner, email tscheller@cmnhospitals.org or send a stamped, self-addressed envelope to: Children’s Miracle Network Hospitals at 205 West 700 South, Salt Lake City, Utah, 84101 attn: Theresa Scheller no later than September 20, 2022. For a copy of the Official Rules or for more information on how to participate in the Sweepstakes, please visit https://childrensmiraclenetworkhospitals.org/re-max-corporate-employee-payroll-donation-program/ or send a stamped, self-addressed envelope to: Children’s Miracle Network Hospitals at 205 West 700 South, Salt Lake City, Utah, 84101. Vermont residents may exclude return postage. All requests must be received by September 20, 2022.
15. Miscellaneous. The invalidity or unenforceability of any provision of these Official Rules or the Affidavit/Release will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules or the Affidavit/Release 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. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Contestants agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials, Sponsor’s Privacy Policy or Terms of Use on and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.
Trademarks and/or logos used herein are trademarks/logos of Sponsor in the United States and/other countries. All rights reserved.
END OF OFFICIAL RULES