THE AMERICAN DREAM AT HONAKER, INC.
CONTEST RULES AND INFORMATION
The American Dream at Honaker, Inc., a Virginia corporation with its principal place of business located at 525 S. Independence Blvd., Suite 100, Virginia Beach, Virginia 23452 (“American Dream”) with cooperation from Autumn Lakes Real Estate Investment, Inc., a Virginia corporation with its principal place of business located at 525 S. Independence Blvd., Suite 100, Virginia Beach, Virginia 23452, doing business as Autumn Lakes REI (“REI”) is organizing, conducting, and managing a contest for the giving away of a single-family home located in Norfolk, Virginia (this “Contest”).
Mission Statement.
American Dream believes that the cost of living, and specifically the cost of home ownership in the Commonwealth of Virginia, has increased to the point that the American dream of home ownership is simple unattainable for a large portion of Virginia residents. American Dream is seeking to bring a new approach to the keep that dream of home ownership alive for Virginia residents which may not otherwise have the means of securing that dream for themselves. This Contest represents that new approach and will result in one worthy individual or family receiving a deed to a recently renovated 1,100 +/- square foot, 3 bedroom, 2 bath house located at 324 Honaker Avenue, Norfolk, Virginia 23502 (the “House”).
Eligibility.
Each Contest participant is expected to read these rules to see if they are eligible to be a Contest winner prior to entering the Contest. The Contest is open only to individual United States Citizens or permanent resident aliens, residing in the Commonwealth of Virginia who is at least eighteen (18) years of age at the time of Contest entry. No corporate entities, partnerships, limited liability companies, business trusts or other business enterprises shall be eligible for the Contest. Participants will be required to furnish proof of U.S. citizenship or permanent resident alien status, as well as proof of age, and proof of residence in the Commonwealth of Virginia. All such proof is subject to the sole satisfaction of American Dream.
Immediate family members (i.e. – grandmother, grandfather, mother, father, brother, sister, child, grandchild, aunt, uncle, or first cousin) of any Contest Judge, or any owner, employee, director or officer of American Dream and/or REI, including spouses of any of the foregoing are not eligible to participate in, or win, the Contest. Immediate family members includes individuals who reside in the same household as any of the foregoing whether or not they are related and anyone who is a legal guardian of or for any of the foregoing. Immediate family members shall also include “step” relationships.
Past winners of any contest held by American Dream or any affiliated entity shall not be eligible to win this Contest.
All determinations of eligibility are final and binding and subject to the sole determination of American Dream.
How the Contest Works.
Each Contest participant’s shall be limited to one (1) entry. If more than one entry is submitted per participant, all such entries shall be removed and shall not be considered for purposes of determining a Contest winner.
Anyone wishing to participate in this Contest must: (1) register for the Contest at the following web address: www.theamericandreamathonaker.com; (2) provide sufficient information to establish their eligibility for participation in the Contest; (3) provide a valid e-mail address; (4) pay the Entry Fee; and, (5) submit their video. Other than the payment of the Entry Fee, no purchase is necessary to enter or win the Contest.
After completing the registration process, participants will be sent a link to their e-mail address provided to American Dream at registration. Participants must use the link or log into their account online to upload a video submission with a run time of no longer than Thirty (30) seconds explaining why they believe they are the most deserving of the House and being named as the Contest winner. All submissions must be in a supportable format and be in the English language, or have readable English subtitles, to be considered. Any participant that fails to submit a timely, complete, valid, and proper submission will not be considered and if the Minimum Entry Threshold (defined below) is met, participants shall not be eligible for a refund of their Entry Fee. Participants may not cancel their registrations and there will be no opportunity to remove or re-upload a submission.
A minimum number of eligible entries must be received during the Submission Window (defined below) in order for American Dream to conduct the Contest. If there are fewer than Three Thousand Six Hundred (3,600) paid entries (the “Minimum Entry Threshold”) received by American Dream during the Submission Window, the Contest shall be cancelled and all Contest participants who have paid their Entry Fee shall receive a refund of their Entry Fee. In such event, American Dream reserves the right to attempt a new contest at a later date. Any submissions from this Contest shall not carry over to any subsequent contest and any Contest participants shall have to resubmit their entry or submit a new entry and pay a new entry fee to participate in any new or reconstituted contest.
Only entries submitted during the Submission Window shall be eligible to win the Contest. American Dream assumes no responsibility for lost, late, damaged or undelivered submissions.
American Dream will appoint a judging panel consisting of at least Five (5) judges (the “Judges”). American Dream reserves the right to add additional Judges beyond the minimum of five in order to accommodate orderly and efficient processing of eligible entries.
After the closure of the Submission Window, the eligible submissions will be equally divided between the Judges. The Judges will carefully review and examine each submission in accordance with judging criteria established solely at the discretion of American Dream. The Judges shall narrow down the submissions assigned to them to their top four (4) entries who shall become semi- finalists (the “Semi-Finalists”). The Judges shall then narrow down the Semi-Finalists to their top two (2) entries which shall be the Contest finalists (the “Finalists”). In the event that a Judge is assigned to evaluate a Contest submission and such Judge believes that due to the Judge’s personal connection with the Contest participant that they will not be able to render an unbiased assessment of the submission, the Judge shall inform American Dream who shall reassign the submission to another Judge.
Once the submissions have been narrowed down to the Finalists, American Dream will post the Finalists’ submissions to the website and allow the general public to view the submissions and vote on their preferred entry for a period of seven (7) days (the “Voting Period”). The entry getting the most votes from the general public during the Voting Period will be declared the winner.
The Contest winner will be announced within sixty (60) days of the end of the Submission Window. The transfer deed for the House shall be submitted for recordation in the Clerk’s Office for the Circuit Court of the City of Norfolk, Virginia within sixty (60) days of the public announcement of the Contest winner.
If the chosen Contest winner is unwilling or unable to close on the transfer of the House, the Finalist receiving the next highest number of votes shall become the Contest winner.
All Contest participants and Contest submissions are subject to independent audit and certification of eligibility. If, after additional investigation, it is determined that a chosen Contest winner is ineligible to win the Contest, the Contest participant receiving the next highest number of votes shall be named the winner. All decisions of American Dream regarding eligibility are final and binding. No Contest winner is official until the participant’s eligibility has been verified and notified that the verification is complete.
If there are no Finalists receiving votes that are willing and able to close on the transfer of the House, or who are eligible to win the Contest, or if there is a tie in the number of votes received, the Judges shall determine the participant to be the Contest winner by majority vote.
The award of the House cannot be substituted, assigned, transferred, or redeemed for cash, and cannot be used in conjunction with any other promotion or offer.
If the Contest is subjected to computer virus, tampering, suspected fraud, technical failures or any other cause that calls into question the fairness or efficacy of the Contest, American Dream may, in its sole discretion, void any suspect submission, cancel or terminate the Contest, modify or suspend the Contest and resume the Contest at a later date, or determine a Contest winner from those eligible entries received prior to such suspected impairment.
Entry Fee.
For a Contest submission to be valid and complete, in addition to the other eligibility and submission criteria, the Contest participant must, at the time of their Contest entry submission pay the entry fee of $100.00 (the “Entry Fee”). Failure to pay the Entry Fee at the time of submission shall void the submission and the submission shall not be considered for purposes of determining a Contest winner. The Entry Fee is non-refundable except in the case where the Minimum Entry Threshold has not been met.
Grant of License and Intellectual Property.
All Contest submissions shall belong to and become the sole property of American Dream, and American Dream may freely use of any audio and video components of Contest submissions as it sees fit. By participating in the Contest, all participants grant to American Dream and REI, their successors and assigns, a worldwide, perpetual, royalty- free license to use the participant’s name, image, and likeness in promotion of this Contest and any future contests. All participants agree to hold harmless American Dream and REI and their respective owners, employees, officers, and directors from and against any claims of patent, trademark, or copyright violations with respect to the content of the Contest participant’s Contest submission.
Winner’s Responsibilities.
American Dream will cover all closing costs including the grantor’s tax, deed preparation fees, and recording fees to transfer the House to the Contest winner. The value of the House (as determined by a competent real estate professional), and all payments made on behalf of the Contest winner shall be included in the Contest winnings and includable in the Contest winner’s income. The Internal Revenue Service requires American Dream to report the winnings and withhold federal income tax at the rate imposed by law (currently 24%), and the Contest winner must pay the amount of tax to be withheld by American Dream as a condition to receiving the House. American Dream, may, but shall not be required to, offer financial assistance to the Contest winner to help cover the expense of the required income tax withholdings. Contest winner shall be responsible for the reporting and payment of all federal, state, and local income taxes associated with any prizes distributed to the winner, or on the winner’s behalf, in connection with this Contest. The Contest winner should consult a tax professional. American Dream will pay for the real estate taxes on the House through the end of the current calendar year. Except as previously stated, from and after the date of the recordation of the deed transferring ownership from REI to the Contest winner, the Contest winner shall be solely responsible for obtaining, maintaining, and paying for any insurance on the House, as well as any utilities for the House, and any federal, state or local ad valorem taxes or additional assessments (such as real estate taxes and stormwater fees) against the House. The House shall remain the sole property of REI until it is delivered to the Contest winner.
Except as set forth in this paragraph, the House is being conveyed to the Contest winner “AS-IS, WITH ALL FAULTS”. Should the Contest winner chose to obtain an inspection on the House, such inspection shall be at the winner’s sole cost and expense. If the inspection uncovers any major structural flaws or violations of City or Statewide Building Codes, REI shall be solely responsible to correct such flaws or violations and shall do so in a commercially reasonable manner and within a commercially reasonable time period. Neither American Dream nor REI shall have any liability or responsibility for custom changes to the House such as paint color, flooring, cabinets, countertops, finishes, furniture, or décor.
Restrictions on Use of Property.
Except for active duty military members who are relocated outside of the Hampton Roads area of Virginia pursuant to military orders, the Contest winner may not sell the house for at least three (3) full years from the date of deed recordation transferring the House to the winner. The Contest winner is expected and required to comply with all applicable federal, state, and local land use laws and restrictions including zoning laws and any covenants, rules, use restrictions or other restrictions governing the House.
Waiver and Release.
REI, its owners, employees, directors and officers (individually and collectively, the “REI Releasees”) shall not be liable for any errors or omissions with respect to the organizing, conducting, and managing of the Contest. By their entering into the Contest, all participants in the Contest expressly waive and forever release and discharge the REI Releases from any and all claims, whether now existing or arising in the future, related to the organizing, conducting, and managing of the Contest.
American Dream, its owners, employees, directors and officers (individually and collectively, the “American Dream Releasees”) shall not be liable for any errors or omissions with respect to the renovation or construction of the House or any of the products or materials used therein. By their entering into the Contest, all participants in the Contest expressly waive and forever release and discharge the American Dream Releasees from any and all claims, whether now existing or arising in the future, related to the renovation or construction of the House or any of the products and materials used therein.
A participant’s sole and exclusive remedy for a breach of any duty or conduct related to the Contest shall be limited to the return of the Entry Fee paid by the participant. In no event shall any REI Releasees or American Dream Releasees be liable to any person for any lost earnings or wages, profits or goodwill, or for any incidental, special, punitive, or consequential damages whether arising in contract, tort, or otherwise arising out of the Contest or the use or ownership of the House.
Governing Law and Jurisdiction.
Virginia law shall govern all aspects of the Contest and any disputes related thereto. Any disputes, claims or causes of action shall take place in Norfolk, Virginia. All Contest participants agree to be subject to the personal jurisdiction of the state and federal courts located in Norfolk, Virginia.
Equal Opportunity and Non-discrimination.
This Contest shall be run in a non-discriminatory manner. No Contest participant shall be discriminated against based upon their race, religion, gender, sexual orientation, or national origin. All eligible entries shall have an equal opportunity to win the Contest.
Residential Property Disclaimer.
The following disclaimers apply to the House:
- American Dream and REI make no representations or warranties as to the condition of the real property or any improvements thereon, or with regard to any covenants and restrictions, or any conveyances of mineral rights, as may be recorded among the land records affecting the real property or any improvements thereon, and purchasers are advised to exercise whatever due diligence a particular purchaser deems necessary, including obtaining a home inspection, as defined in § 54.1-500, a mold assessment conducted by a business that follows the guidelines provided by the U.S. Environmental Protection Agency, and a residential building energy analysis, as defined in § 54.1-1144, in accordance with terms and conditions as may be contained in the real estate purchase contract, but in any event prior to settlement pursuant to such contract;
- American Dream and REI make no representation with respect to current lot lines or the ability to expand, improve, or add any structures on the property, and purchasers are advised to exercise whatever due diligence a particular purchaser deems necessary, including obtaining a property survey and contacting the locality to determine zoning ordinances or lot coverage, height, or setback requirements on the property.
- American Dream and REI make no representations with respect to any matters that may pertain to parcels adjacent to the subject parcel, including zoning classification or permitted uses of adjacent parcels, and purchasers are advised to exercise whatever due diligence a particular purchaser deems necessary with respect to adjacent parcels in accordance with terms and conditions as may be contained in the real estate purchase contract, but in any event prior to settlement pursuant to such contract;
- American Dream and REI make no representations to any matters that pertain to whether the provisions of any historic district ordinance affect the property, and purchasers are advised to exercise whatever due diligence a particular purchaser deems necessary with respect to any historic district designated by the locality pursuant to § 15.2-2306, including review of (i) any local ordinance creating such district, (ii) any official map adopted by the locality depicting historic districts, and (iii) any materials available from the locality that explain (a) any requirements to alter, reconstruct, renovate, restore, or demolish buildings or signs in the local historic district and (b) the necessity of any local review board or governing body approvals prior to doing any work on a property located in a local historic district, in accordance with terms and conditions as may be contained in the real estate purchase contract, but in any event prior to settlement pursuant to such contract;
- American Dream and REI make no representations with respect to whether the property contains any resource protection areas established in an ordinance implementing the Chesapeake Bay Preservation Act (§ 62.1-44.15:67 et seq.) adopted by the locality where the property is located pursuant to § 62.1-44.15:74, and purchasers are advised to exercise whatever due diligence they deem necessary to determine whether the provisions of any such ordinance affect the property, including review of any official map adopted by the locality depicting resource protection areas, in accordance with terms and conditions as may be contained in the real estate purchase contract, but in any event prior to settlement pursuant to such contract;
- American Dream and REI make no representations with respect to information on any sexual offenders registered under Chapter 23 (§ 19.2-387 et seq.) of Title 19.2, and purchasers are advised to exercise whatever due diligence they deem necessary with respect to such information, in accordance with terms and conditions as may be contained in the real estate purchase contract, but in any event prior to settlement pursuant to such contract;
- American Dream and REI make no representations with respect to whether the property is within a dam break inundation zone. Such disclosure statement shall advise purchasers to exercise whatever due diligence they deem necessary with respect to whether the property resides within a dam break inundation zone, including a review of any map adopted by the locality depicting dam break inundation zones;
- American Dream and REI make no representations with respect to the presence of any wastewater system, including the type or size of the wastewater system or associated maintenance responsibilities related to the wastewater system, located on the property, and purchasers are advised to exercise whatever due diligence they deem necessary to determine the presence of any wastewater system on the property and the costs associated with maintaining, repairing, or inspecting any wastewater system, including any costs or requirements related to the pump-out of septic tanks, in accordance with terms and conditions as may be contained in the real estate purchase contract, but in any event prior to settlement pursuant to such contract;
- American Dream and REI make no representations with respect to any right to install or use solar energy collection devices on the property;
- American Dream and REI make no representations with respect to whether the property is located in one or more special flood hazard areas, and purchasers are advised to exercise whatever due diligence they deem necessary, including (i) obtaining a flood certification or mortgage lender determination of whether the property is located in one or more special flood hazard areas, (ii) reviewing any map depicting special flood hazard areas, (iii) contacting the Federal Emergency Management Agency (FEMA) or visiting the website for FEMA's National Flood Insurance Program or the Virginia Flood Risk Information website operated by the Department of Conservation and Recreation, and (iv) determining whether flood insurance is required, in accordance with terms and conditions as may be contained in the real estate purchase contract, but in any event prior to settlement pursuant to such contract. A flood risk information form, pursuant to the provisions of subsection D, that provides additional information on flood risk and flood insurance is available for download by the Real Estate Board on its website;
- American Dream and REI make no representations with respect to whether the property is subject to one or more conservation or other easements, and purchasers are advised to exercise whatever due diligence a particular purchaser deems necessary in accordance with terms and conditions as may be contained in the real estate purchase contract, but in any event prior to settlement pursuant to such contract;
- American Dream and REI make no representations with respect to whether the property is subject to a community development authority approved by a local governing body pursuant to Article 6 (§ 15.2-5152 et seq.) of Chapter 51 of Title 15.2, and purchasers are advised to exercise whatever due diligence a particular purchaser deems necessary in accordance with terms and conditions as may be contained in the real estate purchase contract, including determining whether a copy of the resolution or ordinance has been recorded in the land records of the circuit court for the locality in which the community development authority district is located for each tax parcel included in the district pursuant to § 15.2-5157, but in any event prior to settlement pursuant to such contract;
- American Dream and REI make no representations with respect to whether the property is located on or near deposits of marine clays (marumsco soils), and purchasers are advised to exercise whatever due diligence a particular purchaser deems necessary in accordance with terms and conditions as may be contained in the real estate purchase contract, including consulting public resources regarding local soil conditions and having the soil and structural conditions of the property analyzed by a qualified professional;
- American Dream and REI make no representations with respect to whether the property is located in a locality classified as Zone 1 or Zone 2 by the U.S. Environmental Protection Agency's (EPA) Map of Radon Zones, and purchasers are advised to exercise whatever due diligence they deem necessary to determine whether the property is located in such a zone, including (i) reviewing the EPA's Map of Radon Zones or visiting the EPA's radon information website; (ii) visiting the Virginia Department of Health's Indoor Radon Program website; (iii) visiting the National Radon Proficiency Program's website; (iv) visiting the National Radon Safety Board's website that lists the Board's certified contractors; and (v) ordering a radon inspection, in accordance with the terms and conditions as may be contained in the real estate purchase contract, but in any event prior to settlement pursuant to such contract;
- American Dream and REI make no representations with respect to whether the property contains any pipe, pipe or plumbing fitting, fixture, solder, or flux that does not meet the federal Safe Drinking Water Act definition of "lead free" pursuant to 42 U.S.C. §300g-6, and purchasers are advised to exercise whatever due diligence they deem necessary to determine whether the property contains any pipe, pipe or plumbing fitting, fixture, solder, or flux that does not meet the federal Safe Drinking Water Act definition of "lead free," in accordance with terms and conditions as may be contained in the real estate purchase contract, but in any event prior to settlement pursuant to such contract;
- American Dream and REI make no representations with respect to the existence of defective drywall on the property, and purchasers are advised to exercise whatever due diligence they deem necessary to determine whether there is defective drywall on the property, in accordance with terms and conditions as may be contained in the real estate purchase contract, but in any event prior to settlement pursuant to such contract. For purposes of this subdivision, "defective drywall" means the same as that term is defined in Va. Code §36-156.1;
- American Dream and REI make no representation with respect to the condition or regulatory status of any impounding structure or dam on the property or under the ownership of the common interest community that the owner of the property is required to join, and purchasers are advised to exercise whatever due diligence a particular purchaser deems necessary to determine the condition, regulatory status, cost of required maintenance and operation, or other relevant information pertaining to the impounding structure or dam, including contacting the Department of Conservation and Recreation or a licensed professional engineer; and
- American Dream and REI make no representations or warranties with respect to the property's proximity to a public use airport nor any noise from aircraft due to the proximity of the property to flight operations. The Federal Aviation Administration is responsible for managing the national airspace system, including aircraft flight paths. Purchasers are advised to exercise whatever due diligence a particular purchaser deems necessary to determine whether a property is within proximity to a flight path or public use airport aircraft noise zone, including contacting (i) the locality or public use airport and reviewing any available maps depicting public use airport aircraft noise zones or (ii) the Department of Aviation or visiting the Department of Aviation's website, where any such maps, if made available by localities or public use airports, shall be accessible to the public.
Data Privacy and Protection.
We take protection of your information seriously. We will not sell your contact information to a third-party.