OPENDOOR #HOMEISWHERE CONTEST (REVISED DEC 5, 2018)*
OFFICIAL TERMS AND CONDITIONS
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCE OF WINNING. THE CONTEST IS OPEN ONLY TO PERSONS WHO ARE 18 YEARS OF AGE OR OLDER AND WHO ARE LEGAL U.S. RESIDENTS AS OF THE DATE OF ENTRY. THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY OR ASSOCIATED WITH FACEBOOK, TWITTER, OR INSTAGRAM.
- Sponsor: Opendoor Labs, Inc., 405 Howard St. Suite 550, San Francisco, CA 94105 (“Opendoor”).
- Eligibility: The Contest is open to persons who are at least eighteen (18) years of age or older at the time of entry and who are legal U.S. residents as of the date of entry, provided that such persons are not Prohibited Parties (as defined below) (collectively, the “Eligible Parties”). Employees, partners, officers, and directors of Opendoor, any participating sponsors or prize providers, and each of their respective parent companies, affiliated companies, subsidiaries, divisions, licensees, distributors, dealers, retailers, printers, advertising and promotion agencies, and any and all other entities associated with the Contest (collectively, the “Prohibited Parties”), including the immediate family members (spouse, parents, children and siblings, and their respective spouses, regardless of where they live) and individuals living in the households of the Prohibited Parties, whether related or not, are not eligible to enter the Contest or win a prize. The Contest is void where prohibited or restricted by law.
- Contest Period: The Contest begins at 12:00:00 a.m. Pacific Standard Time (PST)] on December 3, 2018 and ends at 11:59:59 p.m. PST on December 31, 2018 (the “Contest Period”). Opendoor’s time clock is the official clock for this Contest.
- How to Enter: NO PURCHASE REQUIRED TO ENTER OR WIN. There are three ways to enter (“Entry”) and each person is limited to one entry only during the Contest Period. (1) Entry by posting to Opendoor’s Facebook page: Eligible Parties may enter by posting a picture, video or story with the hashtag “#homeiswhere” on Opendoor’s Facebook page during the Contest Period; OR (2) Entry by posting to Twitter: Eligible Parties may enter by posting a picture, video or story with the hashtag “#homeiswhere” and tagging @Opendoor on Twitter during the Contest Period; OR (3) (2) Entry by posting to Instagram: Eligible Parties may enter by posting a picture, video or story with the hashtag “#homeiswhere” and tagging @Opendoor on Twitter during the Contest Period. PLEASE NOTE, ALL POSTS MUST BE ON PUBLIC ACCOUNTS IN ORDER TO ENTER AND PARTICIPATE.
- Entry Limit: No more than one (1) Entry per person regardless of method of Entry. All eligible Entries received during the Contest Period will be judged according to Section 8.2 Below.
- Entrants must meet eligibility criteria, accurately complete and successfully submit an Entry in order to be considered. Any attempted form of entry other than as described herein is void. Released Parties (as defined below) assume no responsibility for any Entries that are lost, stolen, late, misdirected, undelivered, garbled, damaged, incomplete, illegible, incorrect, inaccurate, or postage-due; or for any other error of any kind, whether computer, technical, printing, typographical, human or other, relating to or in connection with the Contest, including, without limitation, errors which may occur in connection with the administration of the Contest, the announcement of the Prize, the processing of entries or in any Contest-related materials. Entries that are determined to be inappropriate, incomplete, illegible or corrupted are void and will not be accepted. The use of automated devices or any other devices intended to automate or subvert any aspect of participation to enter is prohibited.
- Prize: There is one (1) Prize only; the Prize is one (1) payment of five thousand dollars (U.S. $5,000.00) made to a verified Winner. Winner is responsible for all taxes, whether federal, state, city, local or other, on the Prize. If the Prize, or any portion thereof, cannot be awarded for any reason, Opendoor reserves the right to substitute a prize of equal value. In the event of a tie, the prize will be split evenly between the Winners.
- Winner Selection & Notification:
- Winner Selection: On or about January 31, 2019, Opendoor shall select the potential winner of the Contest (“Potential Winner”). Opendoor shall select the winner based on the judging process and criteria described in Section 6.2 (“Judging Criteria and Process”).
- Judging Criteria and Process: Each Entry will be scored by a panel of three (3) Judges selected by Opendoor. Each Judge will score Entries in three (3) categories by assigning a value of 1-10 for a maximum total of 90. The categories are quality, appropriateness to theme, and creativity.
- Quality of Photo/Video/Story: Photos, Videos and/or Stories included in each Entry should be clear and of a high quality. They should aim to elicit an emotional reaction, through humor, nostalgia, or some other emotion. They can include people, but are not required to do so.
- Appropriateness to theme: Each Entry, in its entirety, should address the #homeiswhere theme. It may do so by addressing certain with memories of home, the physical space of a home, people in a home, activities in or around a home, traditions associated with home, emotions associated with home, etc.
- Creativity: Each Entry should presented in an original and authentic manner.
- Winner Notification: Following the selection of the Potential Winner, Opendoor shall make at least one (1) attempt to contact the Potential Winner via the social media platform associated with the Entry. Opendoor will inform the Potential Winner that he or she has been selected in connection with the Contest, along with instructions for confirming eligibility in order to claim the Prize (“Prize Notification”). The Potential Winner must reply to the call or email within three (3) days (72 hours) to either accept or decline the Prize. If Opendoor or its designated representative is unable to contact the Potential Winner or does not receive a return call or response from the Potential Winner within seventy-two (72) hours of notification, the Prize will be forfeited and, at Opendoor’s sole discretion, may be awarded to an alternate Potential Winner with the second highest score among the remaining eligible Entries.
- Verification and Acceptance:
- The Potential Winner shall be required to complete, sign and return to Opendoor the following documents (the “Acceptance Documents”):
- Winner’s Prize Acceptance, Affidavit of Eligibility, and Release; and
- W-9 Miscellaneous Tax Form.
- The Potential Winner must execute and return all Acceptance Documents within five (5) business days from the date of the Prize Notification. If a Potential Winner fails to timely complete, execute and return any Acceptance Documents within five (5) business days, is found to be ineligible or not in compliance with these Official Rules, declines to accept the Prize, cannot be contacted by Opendoor, or in the event that the Prize or Prize Notification is returned undeliverable, the Potential Winner will forfeit the Prize, and Opendoor may, in its sole discretion, award the Prize to an alternate Potential Winner randomly drawn from among the remaining eligible Entries.
- Subject to verification of eligibility and compliance with these Official Rules, the Potential Winner will be declared the official winner (“Winner”) of the Contest. Opendoor reserves the right to modify prize award procedures.
- The Potential Winner shall be required to complete, sign and return to Opendoor the following documents (the “Acceptance Documents”):
- Additional Prize Restrictions. ALL FEDERAL, STATE AND LOCAL LAWS APPLY. Winner is solely responsible for all federal, state and local taxes and any costs or fees associated with acceptance or collecting of the Prize. Should federal, state or local law impose any tax reporting or filing obligations on Opendoor arising out of Winner’s participation in the Contest (including Winner’s receipt of and/or use of any Prize), Winner agrees to timely provide Opendoor with any information that is reasonably needed for Opendoor to comply with any such reporting or filing obligations. The right to receive the Prize is non-assignable, non-transferable and there will be no prize substitution given for the Prize, except Opendoor reserves the right to substitute the Prize (or any portion thereof) with a prize of equal or greater value, at Opendoor’s sole discretion. It is expressly understood that Opendoor is under no obligation to any Winner or Potential Winner other than as expressly set forth herein. Released Parties (as defined below) will not be responsible for weather conditions, Acts of God, acts of terrorism, civil disturbances, work stoppage or any other natural disaster outside their control, or for any injury, illness, mental or physical disability, family emergency, or professional commitment that may cause the cancellation or postponement of the Contest operation, drawing or awarding of the Prize. Opendoor cannot accurately predict the number of Entrants who will participate in the Contest. Released Parties: (i) make no warranty, guaranty or representation of any kind concerning the Prize; and (ii) disclaim any implied warranty. The Prize is awarded without warranty of any kind, express or implied, by Opendoor.
- Agreement to Official Rules, Binding Nature, Release, and Indemnification: By participating in the Contest, each Entrant fully and unconditionally agrees to and accepts these Official Rules and the decisions of Opendoor, which are final and binding. Furthermore, each Entrant agrees to release, indemnify, defend, and hold harmless Opendoor, Opendoor’s parent companies, subsidiaries, affiliates, prize suppliers, and advertising and promotion agencies, Facebook, Instagram, Twitter and each of their respective agents, representatives, officers, directors, shareholders and employees (collectively, the “Released Parties”) from and against any and all lawsuits, judgments, losses, damages, claims, actions, costs and expenses (including, without limitation, reasonable attorneys’ fees) and any liability of any kind resulting from, arising from, or related to any injury, damage or loss that may occur, directly or indirectly, in whole or in part, from the participation in the Contest or from the receipt or use of the Prize (or any portion thereof) or any travel or activity related to the receipt or use of the Prize (or any portion thereof), including, without limitation, any personal injury, death or damage to persons or property.
- THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR ANY INJURY OR DAMAGE, WHETHER TO ENTRANT OR TO ANY OTHER PERSON OR TO ANY PROPERTY, RELATED TO OR RESULTING FROM ENTRANT’S PARTICIPATION IN THE Contest, AND/OR ACCEPTANCE OR USE OF THE PRIZE. BY PARTICIPATING IN THE Contest, ENTRANT EXPRESSLY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR ENTRANT’S PARTICIPATION AND AGREES THAT PARTICIPATION IS SOLELY AT ENTRANT’S OWN RISK.
- Limitation of Liability: The Released Parties are not responsible for computer, printing, typographical, human, or other errors, including, without limitation, errors which may occur in the administration of the Contest, the announcement of the prize, the processing of entries or in any Contest related materials; or for Entries that are lost, stolen, late, misdirected, damaged, incomplete, illegible, fail to enter into the processing system, or are processed, reported, or transmitted late or incorrectly or are lost for any reason including computer, paper transfer, human or other error. Any Entries found suspect will be deemed void.
- CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DAMAGE ANY WEBSITE ASSOCIATED WITH THIS CONTEST OR TO UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE, OPENDOOR WILL DISQUALIFY ANY SUCH ENTRANT, AND OPENDOOR RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY PERSON OR PERSONS RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
- If in Opendoor’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Contest, or if computer virus, bugs, unauthorized intervention, fraud, or technical difficulties or failures compromise or corrupt or affect the administration, integrity, security, fairness, or proper conduct of the Contest, Opendoor reserves the right at its sole discretion to disqualify any individual who tampers with the entry process and/or to void any Entries submitted fraudulently, to modify or suspend the Contest, or to terminate the Contest.
- Waiver. As a condition of entering the Contest, Entrants agree that: (a) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, punitive, incidental, special, exemplary, consequential, or any other damages; (b) all 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 (c) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees.
- Choice of Law and Disputes. This Contest will be governed by, construed and interpreted in accordance with the laws of the State of California, U.S.A. without reference to the applicable choice of law provisions. Any and all legal actions or claims arising in connection with this Contest must be brought by an Entrant in his or her individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.
- Publicity Release: By accepting the Prize, the Winner agrees to allow Opendoor the perpetual right to use the Winner’s name, biographical information, photos, likeness, and statements for promotion, trade, commercial, advertising and publicity purposes, worldwide, at any time or times, in all media now known or hereafter developed, including, but not limited, to radio, television, and the Internet, without notice, review or approval and without additional compensation, except where prohibited by law.
- Winners List and Official Rules: To request the name of the Winner (available after January 31, 2019) or a copy of the Official Rules, mail a self-addressed, stamped envelope to: Opendoor Labs, Inc., Attn: Home Is Where Promotion, 405 Howard St., Suite 550, San Francisco, CA 94105, and write, as applicable, “Winners List” or “Official Rules” on the lower left-hand corner of the envelope. Requests must be received no later than July 31, 2019. Requests will be fulfilled when the drawing has been conducted and Winner has been verified.
*The Official Terms and Conditions, originally published on December 3, 2018 allowed for Eligible Parties to enter the Contest by posting to Instagram or Twitter with a picture, video or story with the hashtag “#homeiswhere” and tagging @Opendoor during the Contest Period. This was revised on December 5, 2018 to clarify that the posting account must be a public account. If an Eligible Party submits an Entry to a private account, that Entry will no longer be honored as of December 6, 2018 12:00:00 a.m. PST. Opendoor will make its best efforts to honor all Entries made on private accounts prior to December 6, 2018, 12:00:00 a.m. PST.