Terms and Conditions
GENERAL RULES & DISCLAIMER – “FREE” HOME WARRANTY
As with any promotion, or before entering into this contest, please read the entire entry rules and disclaimers. All questions shall be directed to the Contest Director at email@example.com.
RE/MAX Service First, LLC, a Wisconsin limited liability company (the “Company”), is an independently owned & operated full-service real estate firm located in southeastern Wisconsin. The Company may from time to time offer contests and promotional giveaways. By participating, each contest participant agrees to the following:
- To be eligible to participate in the promotion, (a) you must be at least eighteen (18) years of age, (b) you must be a legal resident of the state of Wisconsin, (c) you must own a single-family residential home, residential condominium, or a residential vacant lot in one of the following counties: Waukesha, Milwaukee, Ozaukee, Washington, Racine, or Walworth that you wish to sell (the “Residential Property”), (d) you cannot currently be under a contract or listing agreement with any person, entity, broker, or realtor (other than with the Company) for the sale of the Residential Property. If you are under contract with another brokerage, you must initiate contact with our firm; the Company cannot and will not solicit those parties under contract with another brokerage, and (e) you must enter into a listing contract as described herein in section 4, “Promotion”. The Company reserves the right to disqualify any entries or participants at its sole discretion.
- Contest Period. This promotion shall run from April 1st, 2017 through June 30, 2017 (the “Promotion Period”), unless extended by Company. Company reserve the right to extend or terminate the promotion at any time without notice.
- How to Enter. Anyone eligible may enter the Contest by completely and accurately filling out the online entry form available at soldwisconsin.com during the Promotion Period.
- If the participant has not already entered into a WB-1 Residential Listing Contract – Exclusive Right to Sell (the “Listing Contract”) for the Residential Property with the Company when selected for the promotion (“Promotion”), those eligible shall have the opportunity to enter into a Listing Contract with the Company, subject to the terms and conditions set forth herein, whereby the Company shall provide real estate services, as a listing brokerage firm, as is customary and as stated in the Company’s customary Listing Contract (a copy of which is available by request by emailing firstname.lastname@example.org) for the listing of one (1) Residential Property owned by the participant. The Listing Contract shall contain such terms and conditions as required by law and customarily found in the Company’s Listing Agreement, including but not limited to the following: (a) the Listing Contract shall be for a term of a minimum of 4 months; (b) participant shall agree to pay a customary commission as stated in the Listing Contract; and (c) that the participant’s Residential Property shall be listed for sale at a price within a range determined by the Company’s market analysis, or as otherwise agreed between the parties. The Company does not guaranty, represent, or warrant that i) it will procure a buyer for the Property, ii) the Property will be sold during the term of the Listing Contract, iii) the Property will be sold at a certain price, iv) or any other results to the participant. Promotional giveaways and/or prizes are not redeemable for cash, are not transferable, and no substitute prize or promotion will be provided. The promotion is only available to those entering into a listing contract with Company. The “Promotion” shall be as follows. Company shall, at Company’s sole discretion, and based upon eligibility, provide to participant a home warranty, of company’s choosing, paid for by Company for the listing period as agreed upon by client and Company. Home warranty shall be “free” at no charge to client, but shall only be available during said listing period. Participant shall be bound by the terms and conditions set forth by the warranty company when utilizing the warranty program. A copy of the warranty terms and conditions shall be provided to participant upon request at email@example.com or at the time of listing.
- Use of Information. By participating in any of the Company’s promotions or contests, where allowed by law, all participants and winner(s) grant the Company exclusive permission to use their names, characters, photographs, videotape, and likenesses in connection with promotion of this and other contests and waive any claims to royalty, right, compensation, or other remuneration for such use. By participating in any contest, where allowed by law, participants agree that the Company may disclose personal information obtained from participants in the Contest to third parties and use such information for marketing and other purposes. By participating in any contest participants agree and consent to being contacted by the Company at the Company’s sole discretion as allowed by law. Participants may “opt out” of this contact at any time in writing by unsubscribing or via notification at info@soldwisconsincom. Participants, by entry into the Company’s contests, hereby agree to and consent to receiving the Company’s marketing campaigns, including, but not limited to, e-newsletters, emails, video emails, invitations and notifications as deemed appropriate by the Company.
- Release and General Conditions. Participants, for themselves and on behalf of their attorneys, affiliates, spouses, heirs, executors, successors, assigns, and representatives, agree (a) to release, acquit, forever discharge and hold harmless the Company subsidiaries, firms, corporations, companies, associations, partnerships, affiliated entities, directors, shareholders, officers, partners, members, managers, agents, employees, former employees, representatives, servants, attorneys, insurers, affiliates, predecessors, successors, assigns, and representatives from any and all claims, actions, causes of action, demands, liabilities or obligations, including attorneys’ fees, of any nature or kind, in law or equity, known or unknown, matured or unmatured, accrued or unaccrued, arising from or having any connection with the contest or prize; (b) that under no circumstances will participants or winners be permitted to obtain awards for any punitive, incidental or consequential damages, (c) that 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, (d) that any and all disputes, claims, causes of action, or other matters arising out of this contest shall be resolved through binding arbitration using the services of the American Arbitration Association, with a three (3) arbitrator panel, with each party selecting an arbitrator and the two selected arbitrators selecting the third arbitrator, and (e) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs. In order to receive a prize, winners must sign an official waiver form provided by the Company.
- Any valuation of the promotional giveaway stated above is based on available information provided to the Company, and the value of any prize or promotion awarded to a winner will be reported for tax purposes as required by law. Each winner is solely responsible for reporting and paying any and all applicable taxes related to the giveaway and paying any expenses associated with any giveaway which are not specifically provided for in the official rules. If over $600, each participant must provide the Company with valid identification and a valid taxpayer identification number or social security number before any prize or promotion will be awarded. If required by law, any person winning over $600 in prizes or promotional giveaways from the Company will receive an IRS form 1099 at the end of the calendar year and a copy of such form will be filed with the IRS.
- Compliance with Law. ALL contests and promotional giveaways are void where prohibited by law. The Company may substitute prizes or promotional items, amend the rules, terminate, suspend, or discontinue the promotion at any time as announced by the Company and as determined in the Company’s sole and complete discretion. The Company disclaims any responsibility to notify participants of any aspect related to the conduct of the Promotion. All entries become the property of the Company and will not be returned. This Promotion is being used to identify potential clients and facilitate new listing clients.
- Limitations on Liability. The Company is not responsible for any technical issues or failures including internet crashes or slowdowns caused by any reason, phone line failures, electrical outages, natural disasters, technical failures, website or other connections availability, accessibility, or traffic congestion, miscommunications, software issues, hardware issues, any incorrect or inaccurate information whether caused by website users, tampering, hacking, or by any of the programming or equipment associated with or used in this contest, and the Company assumes no responsibility for any errors, omissions, deletion, interruption, or delay.
- Contact Company. You may contact the Company, including for a request of winners, by emailing info@soldwisconsincom.