“WIN A TESLA WITH WINDMAR SOLAR”
NOTICE REGARDING DISPUTE RESOLUTION: These official rules contain terms that govern how claims between you and WindMar Homes Florida, Inc. (the “Sponsor” or “WindMar”), relating to your participation in this giveaway (the “Giveaway”), will be resolved. For example, section 11 includes an arbitration agreement and waiver of a class action that requires you to submit all claims to arbitration (instead of going to court before a judge and jury) and limits your ability to bring claims only in an individual capacity (and not as part of or on behalf of any a class action or purported collective or representative claim or proceeding).
The Sponsor is a for-profit corporation, incorporated under the laws of the State of Florida, with an address at 6753 Kingspointe Parkway, Suite 111, Orlando, FL 32819, in the business of designing, building, and installing equipment for renewable energy purposes, and other related matters. All entries into this Giveaway have an equal chance of winning. The Sponsor follows strict policies, discussed below, which protect all participants and ensures fairness.
1. Entry Period and Selection Date: The Giveaway will start on JUNE 14, 2021 at 12:00 AM (EST) and end on MAY 30, 2022 at 11:59PM (EST). The winner will be selected and notified on or before JUNE 20, 2021 on or before 11:59PM (EST) via email.
2. Eligibility: Unless otherwise provided herein, this Giveaway is only open to individuals who (1) are at least 18 years of age or older at the time of entry; (2) are not one or more of the “Prohibited Persons” categories listed in Section (1)(a), below; and (3) are legal residents of the United States. (4) Are Homeowners in Florida, United States. Any entry submitted by ineligible persons will be void.
a. Prohibited Persons. The following individuals are not eligible to enter or win this Giveaway:
i. Employees, officers, and/or directors of any of the following: (1) the Sponsor or any of its subsidiaries, affiliates, marketing or public relations agencies, (2) JUMPSTART DIGITAL LLC (the “Administrator”), and (3) any contractor or other partner of the Sponsor engaged in this giveaway.
ii. The Sponsor’s employees and independent contractors (and the independent contractor’s employees, if applicable) immediate family members (meaning spouse, parent, child, siblings and their respective spouses, regardless of where they reside) and/or those living in the same household as one of the Prohibited Persons herein listed (whether or not related) are not eligible to enter or win.
3. Prize: The winner of the Giveaway will be randomly drawn from among all eligible entries received. Sponsor will conduct the drawing and awarding of the Prize. The Prize is as follows:
a. The First Prize will be one (1) Tesla Model Y, valued in sixty thousand dollars ($60,000.00). The color and style will be selected at the Sponsor’s discretion. The First Prize only includes the vehicle and excludes all ancillary costs, including but not limited to, vehicle registration, tag fees, taxes, maintenance, and insurance.
Unless explicitly stated otherwise, all Prizes are awarded as is, without any representations or warranties, and cannot be transferred, sold, substituted, or redeemed for cash by the Participant.
4. How to Enter: No purchase or payment needed to participate. All entries into the Giveaway must be done within the Entry Period. Sponsor will be the official timekeeper for the Giveaway. The are two ways to enter the Giveaway:
a. Entries in Connection with Purchase. WindMar’s clients who convert on the purchase and installation of Sponsor’s solar energy equipment during the Entry Period will automatically receive one (1) entry in the Giveaway. The client may receive additional entries if the purchase and installation of WindMar’s solar energy equipment is done within the following dates:
● May 1 to 31 = 2x Participation
● July 3 to 6 = 10x Participation
● August 19 to 22 5x participation
● September 1 to 6 = 3x Participation
● October 28 to 31 3x Participation
● November 21 to 30 = 10x Participation
5. Entry Conditions and Release: As a material condition of entering this Giveaway, Participant expressly:
a. Consents to receive information or promotional materials from Sponsor via email and/or mail;
b. Represents and warrants that (s)he agrees to be bound by these Official Rules and decisions of the Sponsor, which will be binding and final in all
matters relating to the Giveaway;
c. Releases the Sponsor from all liability (including product liability), loss or damage or expense arising out of or in connection with participation in the Giveaway or the acceptance, use, or misuse of any Prizes;
d. Knowingly and expressly waives all rights to claim punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses and/or any rights to have damages multiplied or otherwise increased;
e. Agrees that all claims, disputes, or causes of action arising out of or connected with the Giveaway, or any Prizes awarded, shall be individually resolved in binding arbitration, per Section 11, without resort to any form of class or representative action;
f. Agrees that any and all claims, judgments, and awards, if permitted to proceed, will be limited to Participant’s actual out-of-pocket costs incurred (if any), excluding attorneys’ fees and court costs;
g. Winners are solely responsible for all taxes, costs, and fees associated with Prize receipt, ownership, and/or use. Winners may be required to complete and return an IRS W-9 form, W8-BEN, or other applicable forms (i.e., Request for Taxpayer Identification Number and Certification).
6. Prize Winner Notification and Confirmation Process: Potential Winners of the Prizes will be contacted using the email address used to enter the Giveaway. Potential Winner is defined as an individual who has been randomly selected to win a Prize but has not yet Potential Winners must respond to the initial winner notification email within forty-eight (48) hours of it being sent. If a Potential Winner fails to respond to the notification email within the stated period, the Potential Winner may be disqualified and, in such instances, will forfeit any claim to any of the Prizes(s). Participants understand and acknowledge that Sponsor will not be deemed responsible for Participant’s failure to respond to the notification email, for any reason whatsoever, within the allotted time. Potential Winners may be named, tagged, or otherwise identified on Sponsor’s Website, Sponsors other promotional materials, and/or on Sponsor’s social media pages. Potential Winners are subject to confirmation and verification by Sponsor, by whatever means Sponsor shall deem appropriate.
7. Prize Winner Disqualification: Reasons a Participant, Potential Winner and/or Winner may be ineligible to receive the Prizes and/or disqualified include, but are not limited to: (1) failures to meet all of the eligibility requirements stated in the Official Rules, (2) failures to abide by these Official Rules, or other instructions of Sponsor, (3) failure to provide valid email at the time of entry, (4) failure to timely respond to Winner notification or any other request from Sponsor, (5) failure to timely complete the Winner Documentation, (6) the provision of false, incomplete and/or misleading information to or about Sponsor, (7) the commission of any fraud or deception in connection with the Giveaway and/or relationship with Sponsor, (8) acting in an obnoxious, threatening, abusive, or harassing manner, at any time before or during the awarding of the Prize, in whole or in part; and (9) the inability of Sponsor to timely award or otherwise fulfill the Prizes, due to circumstances beyond Sponsor’s reasonable control, including legal restrictions, Acts of God, natural disasters, pandemics/epidemics, terrorism, weather.
If a Potential Winner or Winner is determined to be ineligible and/or disqualified, an alternate Potential Winner may be randomly drawn from among the remaining eligible entries. Any alternate Potential Winner will be notified as per the procedures outlined in the Official Rules (time permitting). Sponsor reserves the right to modify the Winner notification and/or confirmation and verification procedures connected with the drawing of an alternate Potential Winner, if any.
All Winners are entitled to refuse to accept any Prize that they are eligible to receive and, in such instances, will be deemed to have forfeited the Prize. If Winner is deemed to have forfeited a Prize, in whole or in part, Winner will not be entitled to any alternate Prize or other compensation of any kind. If a Winner chooses to reject or otherwise forfeits some or all of the Prizes, Sponsor shall have no obligation to award the abandoned or unclaimed portion of any Prizes to an alternate winner.
8. Publicity: Except where prohibited by law, acceptance of any Prize also constitutes Winner’s express agreement and consent for Sponsor, and those acting under Sponsor’s authority, to use Winner’s name, city and state of residence, photographs or other likenesses, pictures, portraits, video, voice, testimonials, biographical information (in whole or in part), and/or statements made by Winner regarding the Giveaway and/or Prize, worldwide and in-perpetuity for any and all purposes, including, but not limited to, advertising, trade and/or promotion on behalf of Sponsor in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, electronic, cable, or World Wide Web, without further limitation, restriction, compensation, notice, review, or approval. Winner agrees to confirm this consent in writing if requested.
9. INDEMNIFICATION: As a condition of entry, each Participant agrees to defend, indemnify, release and hold harmless Sponsor and their respective parent, subsidiary, and affiliated companies, and any other person or organization responsible for sponsoring, fulfilling, administering, advertising or promoting this Giveaway as well as all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s entry, creation of an entry or submission of an entry, participation in the Giveaway, acceptance, possession, attendance at, defect in, delivery of, inability to use, use or misuse of Prize and/or the broadcast, exploitation or use of entry.
10.Limitations of Liability: The Released Parties are not responsible and will have no obligation or liability resulting from: (i) a Participant’s entry or attempt to participate in the Giveaway, (ii) incorrect or incomplete information, whether caused by a Participant, technical errors or by any of the equipment or programming associated with or utilized in the Giveaway, (iii) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (iv) unauthorized human intervention in any part of the entry process or the Giveaway; (v) technical or human error in the administration of the Giveaway or the processing of registrations, (vi) entries, Prize claims or Prize notifications that are lost, late, incomplete, illegible, unintelligible, damaged or otherwise not received by the intended recipient, in whole or in part, due to computer, human or technical error of any kind; (vii) Participants who have committed fraud or deception in entering or participating in the Giveaway or claiming the Prize, (viii) an inability of the Winner to accept the Prize for any reason; (ix) an inability to fulfill or award a Prize due to delays or interruptions due to Acts of God, natural disasters, pandemics/epidemics, terrorism, weather or any other similar event beyond Sponsor’s reasonable control; or (x) any damages, injuries or losses of any kind caused by any Prize or resulting from awarding, acceptance, possession, use, misuse, loss or misdirection of any Prize or resulting from participating in the Giveaway or any promotion or Prize related activities.
11.Binding Arbitration, NO CLASS ACTION: Please read this section carefully. Participant understands and agrees that (s)he waives his/her right to sue or go to court to assert or defend his/her rights connected with participation in the Giveaway.
As a condition of participation, Participant and Sponsor agree that any dispute, controversy, or claim arising out of or connected to the Giveaway, including the determination of the scope or applicability of this arbitration provision, (each, a “Claim”) shall be resolved exclusively by binding arbitration under the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules”), using the Optional Expedited Arbitration Procedures when applicable.
PARTICIPANT AND SPONSOR ALSO AGREE THAT (A) ANY CLAIMS WILL BE RESOLVED INDIVIDUALLY, NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE, MEMBER OF, OR OTHERWISE ON BEHALF OF OTHERS IN ANY PURPOSED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING, AND NOT THROUGH ANY CLASS ACTION; (B) IF A CLAIM PROCEEDS IN COURT ANYWAY, BOTH SPONSOR AND PARTICIPANT WAIVE ANY RIGHT TO A JURY TRIAL; AND (C) PARTICIPANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY), AND PARTICIPANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.
To the extent permitted by law, the existence of the arbitration, the arbitration proceedings, and the outcome of the arbitration will be treated as confidential and will not be disclosed by either party. Participant and Sponsor agree that an award, and any judgment confirming it, only applies to the arbitration in which it was awarded and cannot be used in any other proceeding except to enforce the award itself and any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts in Miami-Dade County, Florida, or the United States District Court for the Southern District of Florida.
If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.
12.Governing Law: All issues and questions concerning the construction, validity, interpretation, and enforceability of the Official Rules, or the rights and obligations of Participants and Sponsor in connection with the Giveaway, shall be governed by, and construed in accordance with, United States federal law and the laws of the State of Florida, without giving effect to the conflict of laws rules thereof.
13.Administrator: This Giveaway is being administered by JUMPSTART DIGITAL AGENCY, LLC with an address at 701 AVE. PONCE DE LEÓN SAN JUAN, PR SAN JUAN PR, 00907.
14.Questions & Complaints: In the event a Participant has a question or complaint about the Giveaway, Participants may reach the Administrator at [email protected]