Avalon North, LLC “The Perfect Year” Contest OFFICIAL RULES 1. NO PURCHASE NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT INCREASE YOUR ODDS OF WINNING. SUBJECT TO APPLICABLE FEDERAL, STATE, LOCAL AND MUNICIPAL LAWS AND REGULATIONS. VOID WHERE PROHIBITED. 2. Eligibility. Subject to the additional restrictions below, the Avalon North, LLC “The Perfect Year” Contest (the “Contest”) is open only to legal U.S. residents of the state of Georgia who are 21 years of age or older at the time of entry. Employees and contractors of Avalon North, LLC (“Sponsor”), North American Properties, Antico, Bantu, Columbia Apparel, C. Wonder, Drybar, El Felix, Exhale Spa, Fabrik, Flywheel, Free People, Goldbergs Group, Haven at Avalon, Hotwire Communications, J. McLaughlin, Kendra Scott, Kona Grill, Marlow’s, Mitchell Gold + Bob Williams, Oak Steakhouse, Regal Entertainment, Road Runner Sports, Sage, Ted’s Montana Grill, The Cosmetic Market, Tommy Bahama, Torch Fitness, West Elm, Whole Foods Market and their respective affiliated companies, contractors and advertising and promotional agencies, and the immediate family members of, and any persons domiciled with, any such employees and contractors, are not eligible to enter or to win. 3. Agreement to Official Rules. By participating in the Contest, entrant fully and unconditionally agrees to and accepts these Official Rules and the decisions of the Sponsor, which are final and binding in all matters related to the Contest. 4. Promotion Period. The contest period will begin at 10:00 a.m. (E.T.) on Tuesday, September 16, 2014 and will end at 7:00 p.m. (E.T.) on Sunday, November 23, 2014 (the "Contest Period"). The contest entry period begins at 10:00 a.m. (E.T.) on Tuesday, September 16, 2014 and ends at 4:59 p.m. (E.T.) on Sunday, October 19, 2014 (the “Contest Entry Period”). The contest voting period begins at 10:00 a.m. (E.T.) on Monday, November 3, 2014 and ends at 4:59 p.m. (E.T.) on Friday, November 7, 2014 (the "Contest Voting Period"). The top 3 based on public votes will be announced on Monday, November 10, 2014. The Top 3 will be given various assignments to complete by Wednesday, November 19, 2014. The Top 3 will be invited, but are not required to appear at Sponsor’s Christmas Tree Lighting on Sunday, November 23, 2014 where the Winner will be announced. 5. How to Enter. During the Contest Entry Period, visit Sponsor’s Facebook page at (http://www.facebook.com/AvalonInsider) to enter by completing all of the required information and uploading one (1) original video of no longer than one (1) minute in length in which the entrant explains why they should be the lucky winner of Avalon’s “The Perfect Year” Contest (the “Submission”). A limit of four (4) individuals may be included in each submitted video, however, they must consent to submission of the video by completing the Perfect Year Authorization and Release if entrant is chosen as a Finalist. By entering the Contest, you expressly consent to receive additional e-mails from the Sponsor. Entrants may opt-out of the receipt of such e-mails by following directions on the Contest website or in any e-mail received from the Sponsor. a. Submission Guidelines: i. The video must be in .mov, .wmv or .mp4 format; ii. The video submission must be in English; iii. The video must be no more than 1 minute in length; and b. Contest Rules and Restrictions i. The Submission must be an authentic, original video created by the entrant, and the entrant must own the copyright of the video submitted (if any); ii. The entrant must appear in the Submission and be at least 21 years of age, and no other individuals under the age of 18 may appear in the video. iii. Any music used in a submitted video must be an original composition of entrant or in the public domain. iv. The Submission must not contain any brand names, logos or trademarks, except for trademarks owned by the Sponsor, which the entrant will have a v. vi. vii. viii. limited license to use for the sole purposes of creating and uploading a Submission in the Contest; The Submission must not contain material that, in the sole discretion of Sponsor, is inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous; The Submission must not contain material that in the sole discretion of Sponsor, promotes bigotry, racism, hatred or harm again any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation, age or any other basis; The Submission must not contain material, footage, elements or components that are unlawful, in violation of or contrary to the laws of the United States; The Submission must not have been professionally created or digitally altered in any way other than as necessary for minor editing. Maximum one (1) entry per person. Entries must be received by 5:59 p.m. (E.T.) on Sunday, October 19, 2014. Sponsor will not be responsible for incomplete, lost, late, misdirected, or illegible entries. All entries become property of Sponsor. Entrants acknowledge and agree that Sponsor shall have the right to edit, adapt, modify, reproduce, publish, promote, create a sound recording of, broadcast, or otherwise display or use entries in any way it sees fit without limitation or compensation to entrants. Any use of robotic, repetitive, automatic, programmed or similar entry methods or agents (including, but not limited to, sweepstakes entry services) will void all entries by that entrant. In the event of a dispute as to any online entry, the authorized account holder of the email address used to enter will be deemed to be the entrant. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holders. 6. Potential Winner Selection. All eligible entries will be evaluated by a team of judges from Avalon and North American Properties and the top 10 video submissions will be posted on Sponsor’s Facebook page (www.facebook.com/AvalonInsider) and open for public voting during the Contest Voting Period by individuals who are 13 years or older. Voters must like Avalon's Facebook page in order to vote. Voters will cast their vote by selecting the video that they consider as the best. Limit one vote per day per person during the Contest Voting Period. The Top 3 video entries with the highest number of recorded eligible votes as of 4:59 pm (E.T.) on Friday, November 7, 2014 will be the Top 3 Finalists. In the event of a tie; the winning entry will be randomly selected by the Sponsor from among the tied entries. Decisions of Sponsor shall be final and binding in all respects. The Top 3 Finalists will be notified by e-mail and/or telephone on or about Monday, November 10, 2014. The Top 3 will be given various assignments to complete by Wednesday, November 19, 2014. The Top 3 will be invited, but are not required to appear at Sponsor’s Christmas Tree Lighting on Sunday, November 23, 2014 where the Winner will be announced live during the Avalon Christmas Tree Lighting program. The odds of winning depend on the number of eligible entries received. Decisions of Sponsor shall be final and binding in all respects 7. Prizes. The winner will get the following list of prizes: Apparel: C. Wonder 1 item up to $250/quarter Columbia Sportswear 1 $500 gift card Fab’rik 1 styling apt/mo. + 1 pair of shoes/mo. Free people 1 $250 gift card J. McLaughlin 2 $500 gift cards Total:$1,000 Total: $500 Total: $3,360 Total: $250 Total: $1,000 Sage Clothing 1 $50 gift card/qtr. + 1 pair of earrings/qtr. Tommy Bahama 1 $1,000 gift card Total: $400 Total: $1,000 Residential Offerings: Haven 1 yr. lease in 1 Bdrm. Unit A1 Floor Plan Hotwire Comm. 1 yr. of Gigabit Internet Service Total: $21,025 Total: $1,200 Restaurants: Antico 1 large pizza/month Total: $300 Bantu 1 $25 gift card/month Total: $300 El Felix 1 El Felix Margarita/Day Goldberg’s 1 dozen bagels & cream cheese/month Total: $240 Kona Grill 1 $50 gift card/month Total: $600 Marlow’s Tavern 1 $30 gift card/week Total: $1,560 Oak Steakhouse 1 $250 gift card/month Total: $3,000 Ted’s Montana Grill 1 $250 gift card Total: $4,380 Total: $250 Specialty Offerings: Kendra Scott $250 start-up pkg. + $80/month M. Gold/B.Williams 1 $500 gift card Total: $500 Regal Cinemas 1 Movie Ticket/week Total: $650 Road Runner Sports 2 pairs of shoes w/custom insoles & socks Total: $470 West Elm Furnishings for Haven 1 Bdrm. Unit Total: $1,210 Total: $12,000 Services: Club Avalon 1 yr. Black Card Membership Total: $395 Drybar 2 blowouts/month + 10% off products Total: $900 Exhale Spa 1 yr. Membership Total: $2,100 Flywheel 1 yr. Flywheel/Flybarre Plus Membership Total: $3,360 The Cosmetic Market 1 Custom Facial/month Total: $1,020 Torch Fitness 2 consults + 1 personal training/month Total: $1,500 Whole Foods 1 $200 gift card/month Total: $2,400 TOTAL VALUE OF ALL PRIZES: ARV: $66,870 No substitution, exchange or transfer of prize by any winner. Sponsor reserves the right to substitute any prize for one of equal or greater value. The potential winner is responsible for all taxes and fees associated with prize receipt and/or use. The potential winner may waive their right to receive prizes. Prizes are non-assignable and non-transferable. No substitutions allowed. Prize is not redeemable for cash. Prizes and individual components of prize packages are subject to availability and Sponsor reserves the right to substitute prizes of equal or greater value. . Failure to sign and return the affidavit or release, or to comply with any term or condition of these Official Rules, may result in a winner's disqualification, the forfeiture of his or her interest in the prize, and the award of the prize to a substitute winner. Prizes not won and claimed by eligible winners in accordance with these Official Rules will not be awarded and will remain the property of Sponsor. 8. Requirements of Potential Winners. Potential winners must continue to comply with the Official Rules. Winning is contingent upon fulfilling all requirements. The potential Grand Prize winner will be required to sign and return to Sponsor within [5] days of the date notice or attempted notice is sent, an Affidavit of Compliance, Liability & Publicity Release (except where prohibited) in order to claim his/her prize and to fulfill any such other requirements as determined by Sponsor. If a potential Grand Prize winner fails to do so, he/she may be disqualified and forfeit the prize In the event that the/a potential winner cannot be contacted, forfeits the prize or is disqualified for any reason, if time permits, Sponsor will select an alternate potential winner in a random drawing from among all remaining eligible entries, up to 2 alternates. If the alternate potential winners are disqualified, the prize will not be awarded. Prizes will be fulfilled throughout 2015 after the conclusion of the Contest. 9. Participation. By participating, entrant fully and unconditionally agrees to and accepts these Official Rules and the decision of the Sponsor, which are final and binding in all matters related to the Contest. Sponsor reserves the right to disqualify persons found tampering with or otherwise abusing any aspect of this Contest as solely determined by Sponsor. In the event the Contest is compromised by a virus, nonauthorized human intervention, tampering or other causes beyond the reasonable control of Sponsor which corrupts or impairs the administration, security, fairness or proper operation of the Contest, Sponsor reserves the right in its sole discretion to suspend, modify or terminate the Contest. Should the Contest be terminated prior to the stated expiration date, Sponsor reserves the right to award prizes based on the entries received before the termination date. Sponsors will not be responsible for incomplete, lost, late, misdirected entries, poor quality videos, or for failure to receive entries or votes or other electronic communications due to transmission failures or technical failures of any kind, including, without limitation, malfunctioning of any network, hardware or software, whether originating with sender or Sponsor. In the event of a dispute, all online entries will be deemed to have been submitted by the owner of the ISP account from which they were sent. For these purposes, an ISP account holder shall mean the natural person assigned to such ISP account by the Internet access provider, online service provider or other organization responsible for assigning ISP addresses for the domain associated with such ISP account. Any questions regarding the number of entries or votes submitted by the owner of an ISP account shall be determined by Sponsor in its sole discretion, and Sponsor reserves the right to disqualify any entries, or votes by persons determined to be tampering with or abusing any aspect of the Contest. By participating in this promotion, each participant agrees to fully release, forever discharge and hold harmless Facebook from and against all claims, costs, liabilities, losses, injuries, and damages arising out of the promotion, including, but not limited to, any claims for personal injury, death, or damage to or loss of property or any other harm arising out of participant’s participation in the promotion, the receipt, use, or misuse of any prize, or any travel or activity that is related to the promotion or any prize. This Contest is in no way sponsored, endorsed or administered by, or associated with Facebook. 10. Publicity. Except where prohibited, participation in the Contest constitutes entrant’s consent for Sponsor and its designees to use entrant’s name, likeness, prize information, city and state of residence for promotional purposes in any media without further consideration. 11. Ownership. By entering the Contest, each entrant grants to Sponsor an exclusive, royalty-free and irrevocable right and license to publish, print, edit or otherwise use the entrant's submitted entry, including any accompanying video or description, in whole or in part, for any purpose and in any manner or media (including, without limitation, the Internet) throughout the world in perpetuity, and to license others to do so, all without limitation or further compensation. Each entrant further agrees that if his/her entry is selected by Sponsor as the winning entry, he/she will sign any additional license or release that Sponsors may require, and will not publicly perform or display his or her submission without the express permission of Sponsors. 12. Construction. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any such provision is determined to be invalid or otherwise unenforceable, these rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. 13. 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, either: (a) 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; or (b) cancel the Contest and award the prizes in a random drawing from among all eligible entries received up to the time of the impairment. 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 the Official Rules of this or any other promotion, 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. 14. Release and Limitations of Liability Except where prohibited, by participating in the Contest entrants agree to release and hold harmless Avalon North, LLC, North American Properties and their respective parents, subsidiaries, affiliates, promotional partners, prize partners, agents and agencies, and the officers, directors and employees of them (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Contest or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Contest; (b) technical errors related to computers, servers, providers, printers or telephone or network lines; (c) printing errors; (d) errors in the administration of the Contest or the processing of entries; (e) late, lost, or undeliverable mail; or (f) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt of any prize. Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Contest and in no event shall the Released Parties be liable for attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. If, for any reason, an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another Contest entry, if it is possible. If the Contest, or any part of it, is discontinued for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any prize offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth herein to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims. 14. Disputes. Entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prizes awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Northern District of Georgia, Atlanta Division, to the extent such court would have jurisdiction of the subject matter of such action.; and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering any Contest, but in no event attorneys' fees. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Georgia, without giving effect to any choice of law or conflict of law rules (whether of the State of Georgia or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Georgia. 15. Sponsor. “The Perfect Year” Contest is sponsored by Avalon North, LLC. The decisions of Sponsor regarding the selection of winners and all other aspects of the Contest shall be final and binding in all respects. This Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook. You are providing your information to Sponsor and not to Facebook. Sponsor will not be responsible for typographical, printing or other inadvertent errors in these Official Rules or in other materials relating to the Contest. 16. Winner List. For a list of winners (available after November 23, 2014) or a copy of these Official Rules, send a self-addressed, stamped envelope to "Winners List/Official Rules" (as applicable), Avalon “The Perfect Year” Contest, 2200 Avalon Blvd. Alpharetta, GA 30009. If you have any questions regarding this Contest, please contact Rebecca Lightsey at 404-946-0956 or [email protected].
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