Terms & Conditions
My Parkmerced Life Contest
The My Parkmerced Life Contest (“Contest”) is intended for viewing and participation in California only and shall be construed and evaluated according to the laws of the State of California. Please do not enter if you are not a legal resident of, and not located in, California at the time of entry. VOID WHERE RESTRICTED OR PROHIBITED.
NO PURCHASE NECESSARY TO ENTER OR WIN.
1. CONTEST PERIOD: The Contest starts May 15, 2019 at 9:00:00 AM Pacific Time (“PT”) and ends July 10, 2019 at 11:59:00 PM PT (“Contest Period”).
2. SPONSOR: Parkmerced Owner LLC, 3711 19th Ave., San Francisco, CA 94132 is the Sponsor of this Contest (“Sponsor,” “we,” “us” or “our”).
3. ELIGIBILITY: To be eligible to participate in the Contest, you must be a legal resident of California, be 18 years of age or older, have never been a leaseholder at Parkmerced, and be a resident (or soon to be resident) at Parkmerced who has signed a lease after May 15, 2019, with a move-in date no later than June 30, 2019. Persons in any of the following categories are NOT eligible to participate or win the Prize: (a) any person who, at any time on or after May 15, 2019, was or is a director, officer, or employee of the Sponsor, or its parent, subsidiaries, affiliates, or service agencies; (b) individuals engaged in the development, production or distribution of materials for the Contest or engaged in the administration or execution of the Contest (collectively with the entities in 3(a), the “Contest Entities”); (c) persons who are or purport to be immediate family members (defined as biological or step-mother, father, sister, brother, daughter, son or dependent or spouse of any of the foregoing and their respective spouses, regardless of where they reside) of any person in any of the preceding categories, regardless of where they live, or who reside in the same household as any person in any of the preceding categories; and (d) occupants or leaseholders of corporate leases, defined as leases signed by a leaseholder other than the actual occupants, as well as leaseholders with leases with guarantee agreements. Void where restricted or prohibited. The Contest is subject to all applicable federal, state and local laws.
4. HOW TO ENTER: During the Contest Period, visit http://www.parkmerced.com/, read and accept these Official Rules and follow the instructions to enter the Contest. To enter, you must submit up to five (5) photos per entry that showcases life at Parkmerced, along with captions (your “Submission”). To be eligible for any prize, your Submission must meet the following requirements (“Submission Requirements”):
• Your Submission must not (i) be unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, or contain explicit or graphic descriptions or accounts of, sexual acts, or otherwise contain any other content that is objectionable; (ii) be in violation of the rights of others (e.g., the intellectual property rights of third-parties); or (iii) put the Parkmerced in a false, derogatory or negative light or otherwise tarnish the reputation or image of the Parkmerced.
• Any images of people should be provided with the approval of the individual in the photo. If you do not have a person’s permission, please do not include the photo in your submission.
• Your captions should be 1-2 sentences and should be clear.
• The images and captions in your Submission should answer the following:
o What attracted you to the Parkmerced?
o What do you like most about living in the Parkmerced?
o What areas of the property do you visit most frequently?
o What is your favorite feature of the neighborhood?
Entries that do not meet these criteria will not be considered during the winner selection process. Limit: one (1) entry per Parkmerced leasehold. Entries received in excess of the stated limitation will be void and may, in Sponsor’s sole discretion, cause all entries to be declared void. All entries must be received by July 10, 2019 at 11:59:00 PM PT to be eligible. Persons may not enter using robotic, programmed or any other automated means of entry. At any time during the Contest Period, Sponsor may determine that a Submission fails to meet the Submission Requirements and may remove the Submission from consideration.
5. INTELLECTUAL PROPERTY RIGHTS: By entering the Contest, you warrant and represent that the Submission submitted by you is your own original work created by you or a work that you have obtained lawfully and/or via a valid license, has not been previously published, has not won a previous prize or award, that you own or otherwise control all of the rights to your Submission and that your Submission does not violate any law, regulation or any right of any third-party, including but not limited to rights of copyright, trademark, publicity and/or privacy. Please understand that submitting a Submission that is copyrighted by another individual, or otherwise subject to the rights of another individual, including containing an image of a person without their permission, will make you responsible for any legal action the legal copyright holder might take against you. Likewise, you agree to indemnify Sponsor against any claims made by individuals pictured in the Submission that may contest Sponsor’s right to use the Submission in accordance with the terms of these Official Rules.
By submitting an entry into the Contest, you grant to the Sponsor the right, without limitation, to display the Submission online and in any media now known or hereinafter developed. Further, you agree to grant to the Sponsor all rights of ownership, reproduction, and use of your Submission, for any purpose whatsoever without compensation or further permission, including but not limited to an irrevocable and perpetual, royalty-free, worldwide right, in all media (now known or later developed) to assign, license, use, publish, edit, adapt, modify, alter, reproduce, distribute, broadcast, display, copyright, create derivative works or otherwise exploit your Submission, for commercial or non-commercial use, and without compensation.
6. WINNER SELECTION: A panel of judges who are employees of Sponsor and/or marketing partner affiliates (“Judges”) will review all Submissions. This judging period will occur between the dates of July 15, 2019 and July 19, 2019. The Judges will consider the following criteria when evaluating each Submission:
· Adhering to the theme of the Submission Requirements (25%);
· Creativity in addressing the Submission Requirements (25%);
· Clear and compelling narrative in photos and captions (25%); and
· Fun and delights in unexpected ways (25%).
The Judges will give each Submission a score based upon the criteria listed above. The top Submission will be eligible for a Prize (“Potential Winner”). In the event of a tie, a Potential Winner will be determined by the highest score in the category of “Fun and delights in unexpected ways.” Judges’ decisions are final. Potential Winner will be announced on or about July 25, 2019.
The Potential Winner will be required to execute and return, within thirty (30) calendar days of issuance of notification, an Affidavit of Eligibility/Liability & IP and Publicity Release and a W-9 form (“Prize Documents”). If a Potential Winner cannot be contacted, or fails to sign and return the Prize Documents within the specified time period or is found to be ineligible, that Potential Winner will be deemed disqualified and will forfeit the Prize. In the event that a Potential Winner is disqualified for any reason, Sponsor will select the Submission with the next highest score. The odds of winning depend on the skill of the participants in submitting their entry.
7. PRIZE: There is one (1) prize (awarded to the “Winner”) consisting of one (1) year of free rent at Parkmerced (“Prize”). The Prize is applicable only as to the Winner’s actual full-time legal residence at Parkmerced as of Winner’s move-in date between May 15, 2019 and June 30, 2019 throughout the initial lease term and will not extend to any other or future residences. The monthly prize amount will be based on Winner’s monthly rental lease payment obligation under the lease agreement. Maximum rental credit is either the current monthly rent or $4,000/month, whichever is lower, and ends at termination of the initial term of the lease agreement, up to a maximum of twelve (12) months from the start of the initial lease term (“Payment Period”). The monthly prize amount is limited to base rent and excludes pet rent, utilities usage, or any additional rentable item charges such as storage or parking. The Prize is limited only to the actual rent amount paid by a lessee. For the avoidance of doubt, Prize for residents receiving rental assistance services and/or subsidies will be limited only to their portion of the rent. Winner will not receive direct payments. Approximate Retail Value (“ARV”) up to $48,000.00 USD[EK4] .
Termination of tenancy for any reason, including agreement to vacate following an unlawful detainer action, terminates further payment of any remaining Prize amount and discharges Sponsor from any obligation to make further payments in relation to the Contest. If Winner changes his/her legal residence during the Payment Period, Winner forfeits any further rights to the Prize. At the end of the lease term, or at Winner’s lease termination, Winner will be subject to payment of the rent amount pursuant to the lease agreement.
The Prize is not transferable, not assignable or redeemable for cash and must be accepted as awarded, with no substitutions of any kind, except by the Sponsor, which reserves the right to substitute the Prize (or portion thereof) with one of comparable or greater value, at its sole discretion. In the event the winner moves during the twelve (12) month period, the prize will be forfeited. All federal, state and local taxes, as well as any other costs and expenses associated with Prize acceptance and use not specified herein as being provided are the Winner’s responsibility. All Prize details are at the Sponsor’s sole discretion.
8. WINNER NOTIFICATION: The Potential Winner will be notified by email and a phone call within approximately ten (10) business days following selection. If the Potential Winner is found to be ineligible or not in compliance with these Official Rules, declines to accept the Prize, or Sponsor is unable to contact the Potential Winner within a reasonable period, or in the event that the Prize notification is returned as undeliverable, the Prize will be forfeited and, at the Sponsor’s sole discretion, the Prize may be awarded to an alternate Potential Winner. Before being declared a Winner, the Potential Winner will be required to execute and return the Prize Documents or the Prize will be forfeited and, at Sponsor’s discretion, awarded to an alternate Potential Winner.
Allow approximately 2 weeks for verification. Sponsor shall not be held responsible for any delays in awarding the Prize for any reason beyond their control. The Prize will be awarded to only a verified Winner.
By accepting the Prize, Winner consents to the use of his/her name, address (city and state), biographical information, voice, and statements relating to the Contest or Sponsor, and photographs or other likenesses, without further compensation, notification or permission in any publicity, Contest or advertising carried out by Sponsor or its designees in any and all media now known or hereafter developed without territorial or time limitation, except where prohibited by law. Winner may be asked to appear at Sponsor’s Prize announcement presentation for the Contest.
9. OTHER CONDITIONS OF ENTRY: By entering, entrants (i) acknowledge compliance with these Official Rules including all eligibility requirements and, (ii) agree to be bound by the decisions of the Sponsor, made in their sole discretion, which shall be final and binding in all matters relating to this Contest. Entrants who have not complied with these Official Rules are subject to disqualification and all associated registrations/entries will be void.
If a dispute arises regarding the identity of the entrant, the proper entrant will be the authorized account holder of the email address used to enter the Contest. “Authorized account holder” is defined as the natural person who is assigned to 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 email address.
Sponsor is not responsible for late, lost, damaged, stolen, misdirected, mutilated, garbled, incomplete, undelivered, or inaccurate registrations or entries. Proof of transmission (screenshots or captures, etc.) does not constitute proof of delivery. All entries become the property of Sponsor and in no case shall be returned to sender.
Contest Entities do not warrant that access to the Contest will be uninterrupted. Contest Entities are not responsible for any problems that may arise, including but not limited to: (a) lost, interrupted, inaccessible or unavailable networks, servers, satellite, cable Internet service providers, websites, or other connection, availability or accessibility problems arising in connection with or over the course of the Contest; or (b) communications failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions or hardware or software malfunctions, failures or difficulties; or (c) failure of personal computers and/or software and hardware configurations, any technical malfunctions, failures, or difficulties, printing errors, clerical, typographical or other errors in the offering or announcement of any Prize or in any Prize notification documents or any other Contest-related materials; or (d) for any other errors of any kind relating to or in connection with the Contest, whether human, mechanical, clerical, electronic, or technical in nature, including, but not limited to, errors which may occur in connection with the administration of the Contest or the processing of entries; or (e) the incorrect or inaccurate capture of information, or the failure to capture any information in connection with the Contest; or (f) damage to a user's system occasioned by participation in this Contest or downloading any information necessary to participate in this Contest.
The Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Contest (or any portion thereof) at any time and for any reason, including if fraud, technical failures, including any network, server or hardware failure, viruses, bugs, errors in programming, or any other errors or other causes corrupt the administration, security, integrity or proper play of the Contest.
As a condition of entering, entrants agree: (a) to release Contest Entities from any and all liability, loss or damage incurred with respect to participating in the Contest or the awarding, receipt, possession, and/or use or misuse of any Prize, (b) that under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (c) all causes of action arising out of or connected with this Contest, or any Prize awarded, shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, and in no event will any entrant be entitled to attorneys’ fees and court costs.
If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. The Contest is governed by the laws of the State of California, without regard to the conflicts of law provisions. All entrants consent to the jurisdiction and venue of the State of California.
10. WINNERS LIST: For the name of the Winner (available after July 25, 2019), send a self-addressed postage stamped envelope to: “My Parkmerced Life Contest– Winner’s Name”, One Maritime Plaza, 1900, San Francisco, CA 94111 to be received by August 15, 2019. Winner’s name will be sent after the prize has been awarded.
12. RESIDENT REFERRALS: Current residents are normally eligible to receive a $1,000 USD referral fee for referrals who apply, qualify and move-in. In conjunction with this Contest, current residents who refer a resident who subsequently becomes the Winner of this Contest will receive twice the referral fee, for a total of $2,000 USD. Contact us at: Parkmerced Life Contest, One Maritime Plaza, 1900, San Francisco, CA 94111 for more information.