OFFICIAL
SWEEPSTAKES RULES
NO PURCHASE NECESSARY TO ENTER OR CLAIM PRIZE OFFERED
ONLY IN THE UNITED STATES AND OPEN ONLY TO LEGAL U.S. RESIDENTS 18 YEARS
OF AGE AND OLDER.
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ELIGIBILITY:
These sweepstakes ("Sweepstakes") are open to every legal U.S. resident
18 years of age and older (as of the time of entry), who is a borrower
under a loan secured by a mortgage or deed of trust on his United
States residence. Employees of wvhomeloans.com ("Sponsor"),
its subsidiaries, affiliates, promotion or advertising agencies and
members of the immediate families and persons living in the same household
of such employees are not eligible. Void where prohibited.
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TO ENTER:
Each Sweepstakes begin at 12:01 AM Eastern Time on the first day of
each month and end at 8:00 PM Pacific Time on the last day of the
month. Sweepstakes entries must be submitted online and may not be
submitted by any other means. Limit one entry per person per day.
To participate in the Sweepstakes for the current month, an entry
must be received by Sponsor's server after 12:01 AM Eastern Time on
the first day of the month and before by 8:00 PM Eastern Standard
Time on the last day of the month. An entry will be eligible to participate
in only the Sweepstakes for the month in which it is submitted.
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PRIZES:
Each month, the winner will be awarded the prize specified for that specific month.
Wherever possible the prize will be mailed directly to the address given on the form filled out by
by the winner. The winner will also be notified via email. Prizes are nontransferable.
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SELECTION OF WINNERS:
On the least day of each month, for so long as the Sweepstakes are
in effect, a randomized computer program will select the one winner
for the month. The number of eligible entries received will determine odds of winning.
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PRIVACY NOTICE:
Any information entrants provide to the Sponsor will be used to communicate
with entrant in relation to these Sweepstakes. Sponsor may also share
this information with a mortgage company participating in this program.
That mortgage company may contact entrants at a future date about
mortgage product and/or services the Sponsor believes entrants will
find of interest.
- OTHER TERMS AND CONDITIONS:
- No purchase or online access fee necessary.
- Void where prohibited by law.
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By entering these Sweepstakes, entrants agree
to abide by all terms of the Official Rules and the decisions
of the Sponsor, made in its sole discretion, which shall be final.
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Sponsor is not responsible for misdirected,
lost, late, illegible, forged, destroyed, incomplete, or entries
not otherwise in compliance with the Official Rules (and such
entries will be disqualified).
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If for any reason the Sweepstakes is not capable
of running as planned due to any Internet or software-related
problem, including infection by computer virus, bugs, tampering,
unauthorized intervention, fraud, technical failures or any other
causes beyond the control of Sponsor, which corrupts or affects
the administration, security, fairness, integrity or proper conduct
of these Sweepstakes, Sponsor reserves the right at its sole discretion
to disqualify any individual who causes any such problem, and
to cancel, terminate, modify or suspend the Sweepstakes. Sponsor
assumes no responsibility for any error, omission, interruption,
deletion, defect, delay in operation or transmission, communications
line failure, theft or destruction, unauthorized access to, or
alteration of entries. Sponsor is not responsible for any problem
or technical malfunctions of any telephone network or lines, computer
online systems, servers or provider, computer equipment, software,
failure of any email or entry to be received by Sponsor on account
of technical problems or traffic congestion on the Internet or
at any website, or any combination thereof, including any injury
or damage to participant's or any other person's computer related
to or resulting from participation or downloading any materials
in this contest. CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY
DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THESE
SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD
SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES
FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
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Sponsor is not responsible for technical, hardware
or software failures of any kind, lost or unavailable network
connections or failed, incomplete, garbled or delayed transmissions
which may limit an entrant's ability to participate in the Sweepstakes
or damage user's system as a result of participation in the Sweepstakes
or downloading any information necessary to participate in the
Sweepstakes.
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If a dispute arises regarding who submitted
an online entry, the entry will be deemed submitted by the person
in whose name the entry was made.
- Any taxes with respect to the prize are the winner's responsibility.
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Each winner, by acceptance of a prize, agrees
to release the Sponsor, its parent, subsidiary and affiliated
businesses and each of their officers, directors, shareholders,
employees, advisors, accountants, attorneys, assignees, agents,
licensees, representatives and any other person or entity associated
with these Sweepstakes from any and all liability, claims or actions
of any kind whatsoever, which may be sustained in connection with
the receipt, enjoyment, ownership or use of the prize. Each winner
waives any of his rights under Section 1542 of the California
Civil Code which states, "A general release does not extend to
claims which the creditor does not know or suspect to exist in
his favor at the time of executing the release, which if known
by him must have materially affected his settlement with the debtor."
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By entering any Sweepstakes, each entrant agrees
that (i) any and all disputes, claims, and causes of action arising
out of or in connection with the Sweepstakes or any prizes awarded,
shall be resolved individually, without resort to any form of
class action; (ii) any and all claims, judgements and awards shall
be limited to actual out-of-pocket costs incurred, including costs,
associated with entering the Sweepstakes, but in no event will
attorneys' fees be awarded or recoverable; and (iii) under no
circumstances will any entrant be permitted to obtain any award
for, and entrant hereby knowingly and expressly waives all rights
to punitive, incidental or consequential damages and/or any other
damages other than actual out-of-pocket expenses, and/or any and
all right or have damages multiplied or otherwise increased. Entrant
acknowledges and agrees that the Sponsor, its affiliates and their
respective officer, directors, employees, accountants, attorneys
and consultants re not responsible for any costs, injuries, losses
or damages of any kind arising from or in connection with: (i)
incomplete, lost, late, misdirected or illegible entries or for
failure to receive entries due to any cause, including out limitation
human, transmission, or technical problems, failures, or malfunctions
of any kind, whether originating with sender, with Sponsor, or
otherwise, that may limit an entrant's ability to participate
in the Sweepstakes (ii) any injury or damage resulting from participation
in the Sweepstakes and/or the use or misuse of any prize (including,
without limitation, claims, costs, injuries, losses and damages
related to person injuries, death, damage to, loss or destruction
of property, or any claims, costs, injuries, losses, or damages
related to or based on the entrant's rights of publicity or privacy,
or the entrant's claim that he has somehow been defamed or portrayed
in a false light).
- Sponsor does not assume any responsibility for any schedule changes
in the Sweepstakes timeline, including without limitation, scheduling
conflicts, labor strikes, Acts of God, and other unforeseen events
that disrupt the Sweepstakes schedule. Sponsor reserves the right
to cancel, modify, or suspend the Sweepstakes, as Sponsor and may
determine in its sole discretion.
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ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION,
VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL
RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN
CONNECTION WITH SWEEPSTAKES SHALL BE GOVERNED BY AND CONSTRUED
IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF CALIFORNIA
WITHOUT GIVING EFFECT TO ANY CONFLICT OF LAW RULES OR PROVISIONS
THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE'S LAWS. THE
INVALIDITY OR UNENFORCEABLITY OF ANY PROVISION OF THESE RULES
SHALL NO AFFECT THE VALIDITY OR ENFORCEABILITY OF ANY OTHER PROVISION.
IN THE EVENT THAT ANY PROVISION IS DETERMINED TO BE INVALID OR
OTHERWISE UNENFORCEABLE OR ILLEGAL. THESE RULES SHALL OTHERWISE
REMAIN IN EFFECT AND SHALL BE CONSTRUED IN ACCORDANCE WITH THEIR
TERMS AS IF THE INVALID OR ILLEGAL PROVISION WERE NOT CONTAINED
HEREIN. EACH PERSON WHO PARTICIPATES IN THE SWEEPSTAKES IRREVOCABLY
AGREES THAT THE STATE AND FEDERAL COURTS LOCATED IN SAN JOSE,
CALIFORNIA SHALL HAVE EXCLUSIVE JURISDICTION OVER ANY SUIT OR
OTHER PROCEEDING ARISING OUT OF OR BASED UPON THIS AGREEMENT AND
EACH HEREBY WAIVES ANY CLAIM THAT IS NOT SUBJECT PERSONALLY TO
THE JURISDICTION OF SAID COURTS OR THAT ANY SUCH SUIT OR OTHER
PROCEEDING IS BROUGHT IN AN INCONVENIENT FORUM OR IMPROPER VENUE.
By entering these Sweepstakes, each entrant agrees to be bound to all
of the rules, terms and conditions set forth above.
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