By participating in the Call Day Sweepstakes (the "Sweepstakes"), the participant (“Entrant”) has read, understood and agreed to be bound by these Official Rules and represent that they satisfy all of the eligibility requirements below PRIOR TO following the extra entry instructions and participating in the Call Day Sweepstakes.
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE, LOCAL, AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.
The Call Day Sweepstakes is sponsored by Ten Hoeve Group Corp d/b/a The Ten Hoeve Realty Group (referred herein as “THRG” and/or (“Sponsor”), a team with Keller Williams Realty Central Monmouth, located at 9 Liberty Knoll, Colts Neck, NJ 07722 and 952 Holmdel Road, Holmdel, New Jersey 07733.
The Sponsor is committed to the Code of Ethics and Standards of Practice of the National Association of REALTORS®. The Code in its entirety can be found HERE.
- Real Estate Disclosure
The Sponsor is committed to following the rules and regulations associated with the National Association of REALTORS®, New Jersey Real Estate Commission (REC), a division of the New Jersey Department of Banking and Insurance, and State and local associations of REALTORS®. To that end, the Sponsor discloses:
- The sales professionals on the The Ten Hoeve Realty Group team at Keller Williams Realty Central Monmouth are licensed by the New Jersey Real Estate Commission.
- Each office is independently owned and operated.
- This is not a raffle.
- This sweepstakes is not intended to solicit buyers or sellers currently listed or under contract with a brokerage.
- Participation in the sweepstakes shall not require the Entrant to enter into a sale, listing or other real estate contract as a condition of their entry into the sweepstakes or the receipt and use of the prize included in this sweepstake.
- This sweepstakes is NOT a promotion for the sale of any real estate by the Sponsor.
- The Entrant is required to perform actions to qualify to receive an entry into the sweepstakes for a random chance to win the prize. Please see Section 6: How to Enter.
- The delivery date of the prize is unknown to the Sponsor at the time of the sweepstakes date and will depend on all stated delivery timeframes noted below depending on the selected prize. Please see Section 10: Prize.
The Sweepstakes is open to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old at the time of entry and NOT in one or more of the “Ineligible Persons” categories listed below.
The following individuals are “Ineligible Persons” and not permitted to enter or win any prize. Any entry submitted by any ineligible person(s) will be void.
- A Winner of a Call Day Prize who has won a prize in the immediate preceding 12 months.
- Employees of Ten Hoeve Group Corp and Realtor Associates, Broker Associates, and Team Members of The Ten Hoeve Realty Group at Keller Williams Central Monmouth and other companies associated with the promotion of the Sweepstakes, and their respective parents, subsidiaries, affiliates and advertising and promotion agencies as well as the immediate family (spouse, parents, siblings, and children) and/or those living in the same household of each such associate, team member or employee are not eligible.
- Prize partners.
- Professional vendors having done, will do or could do business with the Sponsor related to real estate transactions that fall under the RESPA guidelines are not eligible. This includes, but is not limited to, real estate attorneys, home and pest inspectors, mortgage bankers and brokers, home warranty companies, title companies and agents, homeowners and hazard insurance companies and brokers, flood and tax service professionals and appraisers, or their family members. The Sponsor would not want this sweepstakes to be perceived as a kickback and violation of RESPA.
- Licensed Real Estate Agents are not eligible. The Sponsor would not want this sweepstakes to be perceived as a kickback and violation of RESPA. The Sponsor would not want this sweepstakes to be perceived as tied to any real estate transaction. Additionally, the Internal Revenue Code states that under certain circumstances the value of prizes to individuals is considered taxable income/compensation; therefore, pursuant to N.J.S.A. 45:15-16, any compensation paid to a real estate salesperson must be paid through their employing broker. The employing broker is not the Sponsor.
- Sweepstakes Period
The Sweepstakes Call Day begins on August 06, 2021 at 9:00 a.m. EST and ends on August 06, 2021 at 4:00 PM EST (the "Sweepstakes Period"). Sponsor’s clock is the official time keeping device for this Sweepstake. Calls that come through before or after the Sweepstakes Period will be disqualified.
For the two weeks preceding the Sweepstakes Call Day starting on July 23, 2021 to August 05, 2021 (the day before the Call Day Sweepstakes), Entrants will be given one (1) extra entry for tagging anyone on the Official Sweepstakes Call Day social media posts. A tag consists of commenting on that post and including another active user's valid social media handle (@….). IMPORTANT: This does not enter you into the official sweepstakes, but gives you an extra entry to win the prize after you have officially entered the sweepstakes on the call day. To be officially entered into the Call Day Sweepstakes and receive the extra entry, please see Section 6: How to Enter. The Entrant has read, understood and agreed to be bound by these Official Rules and represent that they satisfy all of the eligibility requirements PRIOR TO following the extra entry instructions and participating in the Call Day Sweepstakes. No extra entry will be given to anyone who follows these “extra entry social media tag” instructions before July 23, 2021 or after August 5, 2021.
- How to Enter
To be officially entered into the Call Day Sweepstakes, you must call (551) 345-4136 on the specified call day during the specified timeframe noted above, speak with a THRG team member and confirm or provide the following information: (1) Full Legal Name, (2) Primary Mailing Address, (3) Mobile Phone Number, and (4) Email Address.
Odds of winning a prize depend on the number of eligible entries received.
If you call in and all lines are busy, Entrants must follow the instructions on the voicemail message and leave the following information clearly: (1) confirmation you understand and agree to the rules, (2) Full Legal Name, (3) Primary Mailing Address, (4) Mobile Phone Number, and (5) Email Address. We will make an attempt to call you back. If time during the call day doesn't allow for us to call you back and you provided all the required information noted on voicemail message and noted in this paragraph so we can hear it clearly, you will receive one (1) entry into the Sweepstakes.
Limit one (1) entry per person on the call day for the duration of the Call Day Sweepstakes Period. Entries received from any person in excess of the stated limitation will be void. All entries become the property of Sponsor. The cumulative maximum number of entries that any one person may obtain are two (2) (“Entry Limit”). The Entry Limit applies to all entries, regardless of the method of entry. If an Entrant exceeds the Entry Limit to win the prize, all Entries received over the Entry Limit (in order of receipt) will be void and ineligible to win.
As a condition of entering any Call Day Sweepstakes, Entrant expressly:
- Consents to receive information or promotional materials from Sponsor, or any of the other Experience Partners, via email and/or mail;
- 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 each Experience;
- Releases the Sponsor from all liability, loss or damage or expense arising out of or in connection with participation in any Sweepstakes or the acceptance, use, or misuse of any prize;
- Knowingly and expressly waives all rights to claim punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses (if any) and/or any rights to have damages multiplied or otherwise increased;
- Agrees that all claims, disputes, or causes of action arising out of or connected with any Sweepstakes, or any prize awarded, shall be individually resolved in binding arbitration,, without resort to any form of class or representative action;
- Agrees that any and all claims, judgments, and awards, if permitted to proceed, will be limited to Entrant’s actual out-of-pocket costs incurred (if any), excluding attorneys’ fees and court costs.
To receive valid entries, at the time of submission, the Entrant must provide a valid email address for which the Entrant is the authorized owner. The “authorized account holder” is the natural person assigned 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 address. Potential Winners and/or Winners (as those terms are defined below) may be required to show proof of being the authorized account holder. Any Entries connected to an invalid, non-working, or inactive email address, or linked to an authorized account holder other than Entrant, are void and ineligible to win.
Multiple Entrants may not share the same email address. Using multiple email addresses, identities, address, logins, devices, or any other tactics used in an effort to receive entries over the Sweepstakes Entry Limit, is strictly prohibited and will void all entries for that Entrant and may result in disqualification of Entrant from all Call Day Sweepstakes, at Sponsor’s discretion.
Use, or attempted use, of any robotic, automated, programmed, mechanical, or other non-manual entry methods will void all entries for that Entrant and will result in disqualification of the Entrant from all Call Day Sweepstakes, at Sponsor’s discretion. No copies, facsimiles, or other mechanical or electronic reproductions of entries will be accepted.
Sponsor is not responsible for lost, late, illegible, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries, or for other submission problems of any kind, whether caused mechanical, human or electronic, all of which are void and ineligible to win.
Sponsor is not responsible for any telephone, electronic, hardware, software, network, Internet, or computer malfunctions, failures, or difficulties.
- Selection & Notification Process
On August 06, 2021 on or about 5:00 PM EST on Facebook Live, the Sponsor will select the potential Winner of the prize (“Potential Winner”) using a randomizer (https://random-ize.com/pick-from-list/) from among all eligible entries received. In order to accept the prize, the Entrants agree to be available to accept a phone call on or around 5:00 PM EST on August 06, 2021 and have that phone call presented on Facebook Live.
If the potential Winner does not answer the Winner notification phone call at the stated time noted above, the potential Winner may be disqualified and, in such instances, will forfeit any claim to the prize. The Sponsor may select an alternate potential Winner in his/her place at random from the remaining non-winning, eligible entries.
- Confirmation & Verification
A potential Winner will only be confirmed as the official Winner eligible to receive the prize after the Sponsor has completed verification of potential Winner’s eligibility to win and confirmed potential Winner’s compliance with the terms of these Official Rules.
The potential Winner will be required to complete, sign and submit a Sponsor’s Affidavit of Eligibility, Declaration of Compliance and Release for Contest Rules, Form W-9, and/or any other document necessary to confirm and verify a Potential Winner’s eligibility and address, as determined by Sponsor, in its sole discretion (hereinafter collectively referred to as “Eligibility Documents”) and submit an application for a background check, if applicable, within ten (10) days after the phone call announcement in order to claim his/her prize. If a potential Winner fails to submit the executed Eligibility Documents or application for a background check, if applicable, within the required time period, the potential Winner forfeits the prize.
Except where legally prohibited, Sponsor reserves the right to conduct a background check on a Potential Winner. Participation in a prize giveaway constitutes Entrant’s authorization to such background checks without Sponsor providing any additional prior notice or seeking additional permissions or consents from Potential Winner. Sponsor reserves the right, in its sole discretion, to disqualify any Potential Winner based on the results of such background check, if the Sponsor determines in its sole discretion that awarding the prize to such Potential Winner might reflect negatively on Sponsor, or be likely to put Sponsor, or any other third-party in danger. Sponsor is not obligated to clarify, confirm, or share any specific results of background check with any Potential Winner, whether the background check resulted in disqualification or not. Factors that could result in disqualification include, without limitation: having been convicted of a felony or misdemeanor, being delinquent on a government-ordered payment, such as child support, spousal support, alimony, tax payments, etc., or any other criminal or civil offense determined at the sole discretion of Sponsor. When requested, the Potential Winner must provide authorization and/or complete any forms reasonably needed to facilitate such a background check. If Potential Winner fails to sign and return the required documentation within the period specified by Sponsor, Potential Winner may be disqualified and will forfeit any claim to the prize.
Potential Winners will not be disqualified based on race, ancestry, national origin, religion, gender or gender identity, or sexual orientation.
Upon completion of all Eligibility Documents and background check, if applicable, the potential Winner is therefore verified and confirmed as the Winner (“Winner”).
The Winner must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. Winners must be willing and able to claim and/or accept the prize in full in the period specified by Sponsor. In the event that a Winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate potential Winner by random selection from among all remaining eligible entries. Only one (1) alternate randomized selection will be held, after which the prize will remain un-awarded. The prize will be fulfilled approximately 8-10 weeks after the conclusion of the Sweepstakes based on vendor product availability.
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.
- Prize Winner Disqualification
Reasons a Entrant, Potential Winner and/or Winner may be ineligible to receive the prize and/or disqualified include, but are not limited to:
- failures to meet all of the eligibility requirements stated in the Official Rules,
- failures to abide by these Official Rules, or other instructions of Sponsor,
- failure to provide valid email at the time of entry,
- failure to timely respond to Winner notification or any other request from Sponsor,
- failure to timely complete the Eligibility Documents and/or background check documents,
- failure to pass the background check to Sponsor’s full satisfaction,
- the provision of false, incomplete and/or misleading information to or about Sponsor,
- the commission of any fraud or deception in connection with the Call Day Sweepstakes, use of the Website, and/or relationship with Sponsor,
- 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;
- Winner’s inability to timely accept the prize for any reason, and
- the inability of Sponsor to timely award or otherwise fulfill the prize, due to circumstances beyond Sponsor’s reasonable control, including legal restrictions, Acts of God, natural disasters, pandemics/epidemics, terrorism, or 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).
If a Winner chooses to reject or otherwise forfeits the prize, Sponsor shall have no obligation to award the abandoned or unclaimed portion of any prize to an alternate Winner.
The Call Day Sweepstakes consists of the choice of one (1) of the following: Peloton Bike+ Family with one (1) year membership to their workout sevice OR Tonal with one (1) year membership to their workout service. Approximate Retail Value (“ARV”) of each prize option is noted in the prize details section below.
Unless explicitly stated otherwise, the prize is awarded “as is,” without any representations or warranties of any kind, express or implied, including, without limitation, any implied warranty of merchantability or fitness for a particular purpose, and cannot be transferred, sold, substituted, or redeemed for cash by Entrant.
Sponsor reserves the right to substitute a prize of comparable value in Sponsor’s sole discretion. The prize may be subject to availability restrictions in certain jurisdictions based on licensing, import, or distribution regulations or other legal restrictions. In such circumstances, the Winner may be required to take a cash alternative instead. Some restrictions may apply.
Winners are solely responsible for all Federal, State, and Local 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 or other applicable forms (i.e., Request for Taxpayer Identification Number and Certification).
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.
Prize option details:
Peloton Bike+ Family Package. Approximate Retail Value (“ARV”) is $3,413 for Peloton Bike+, Family package accessories, shipping, installation and one (1) year membership, plus applicable sales tax depending on the Winner’s location. The Sponsor will purchase and pay for the Peloton Bike, accessories, shipping and installation on the Winner’s behalf covering any applicable sales tax. A gift card or secure cash transfer totalling the value of the monthly membership to cover one (1) year will be provided upon installation of the bike on site to the Winner’s residence.
If the Winner chooses the Peloton Bike+, the Winner agrees and/or understands the following:
- All the terms and conditions of Peloton presented on their website: https://support.onepeloton.com/hc/en-us/articles/203822009-Peloton-Purchase-and-Membership-Terms
- Peloton return policy does not apply. Should you try to return the Peloton within 30 days of installation, you forfeit the prize and will have to pay the return shipping fee of $250. There is no cash equivalent.
- Orders placed within 15 days of the event date will be shipped 3 – 4 weeks after purchase.
- For your safety, we require that the Peloton Bike+ is professionally installed by the Peloton team.
- The Peloton membership is $39.00 a month totally $468 for one (1) year. Membership begins upon delivery and set up of the Peloton. Charges begin upon installation therefore the Winner must set up payment for the monthly membership with Peloton prior to delivery.
Tonal. Approximate Retail Value (“ARV”) is $4,078 for Tonal, smart accessories, shipping, installation and one (1) year membership, plus applicable sales tax depending on the Winner’s location. The Sponsor will purchase the package on the Winner’s behalf covering any applicable sales tax and provide a gift card or secure cash transfer totaling the cost of the monthly membership to cover one (1) year once the Tonal is delivered on site to the Winner’s residence.
If the Winner chooses the Tonal, the Winner agrees and/or understands the following:
- All the terms and conditions of Tonal presented on their website: https://www.tonal.com/product/tonal/
- Tonal’s return policy does not apply. Should you return the Tonal within 30 days of installation, you forfeit the prize. There is no cash equivalent.
- Resale of the product is not authorized by Tonal. The Product is intended for use by you, the end user, only.
- Orders placed within 15 days of the event date will be shipped 5-7 weeks after purchase.
- For your safety, we require that Tonal is professionally installed by the Tonal team.
- Upon delivery and installation of the Tonal in the Winner’s residence, the Winner will activate the membership for a minimum 12-month commitment. If the Winner does not activate the membership, they forfeit the prize and it must be returned to Tonal or the Sponsor at the Winner’s own cost.
- The Tonal membership is $49.00 a month totally $588 for one (1) year. Membership is a minimum 12-month commitment. Membership begins upon delivery and set up of the Tonal. Charges begin upon installation therefore the Winner must set up payment for the monthly membership commitment with Tonal prior to delivery.
Except where prohibited by law, by entering, Entrants of the Sweepstakes and the Winner acceptance of any prize constitutes Entrant’s and Winner’s express agreement and consent to grant Sponsor, and those acting under Sponsor’s authority, permission to use, separately or together, the Winner’s name, city and state of residence, photographs or other likenesses, pictures, portraits, video, voice, testimonials, biographical information (in whole or in part), including in a public facing Winner list, and/or statements made by Entrants and Winner regarding the prize and Call Day Sweepstakes Event, worldwide and in-perpetuity for any and all purposes, including advertising and promotional purposes related to the Sweepstakes, further 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.
Entrants and Winner agree that the rights granted to the Sponsor in these Official Rules are without compensation or attribution of any kind.
Entrants agree that personal data submitted with an entry may be collected, processed, stored and otherwise used by Sponsor and its affiliates for the purposes of conducting and administering the Sweepstakes.
We may store your data on servers provided by third party hosting vendors with whom we have contracted.
- Sponsors and Endorsements
Team members of the Sponsor are licensed by the New Jersey Real Estate Commission. Licensure does not imply endorsement.
This Sweepstakes is not sponsored, endorsed, affiliated, administered by, or associated in any way with Peloton or Tonal.
This Sweepstakes is in no way sponsored, endorsed, affiliated or administered by, or associated in any way with Facebook, Inc. or Instagram, LLC. Entrant understands that by participating, you are providing your information to Sponsor, not to Facebook, Inc. or Instagram, LLC. Entrant understands that by using and interacting with www.facebook.com and www.instagram.com you are subject to the terms, conditions, and policies that govern the use of www.facebook.com and www.instagram.com. You should therefore review the applicable terms and policies for www.facebook.com and www.instagram.com including privacy and data gathering practices, before using or interacting with Facebook, Instagram, or the Promotion.
- General Conditions
In the event that the operation, security, or administration of the Sweepstakes is impaired in any way for any reason, including, but not limited to fraud, virus, bug, worm, unauthorized human intervention or other technical problem, or in the event the Sweepstakes is unable to run as planned for any other reason, as determined by Sponsor in its sole discretion, the Sponsor may, in its sole discretion, either (a) suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules or (b) terminate the Sweepstakes and, in the event of termination, award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment. The Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages (including attorney's fees) and any other remedies from any such person to the fullest extent permitted by law. Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision.
- Release and Limitations of Liability
By participating in the Sweepstakes, Entrants agree to release and hold harmless the Sponsor, and each of their respective parents, subsidiaries, affiliates, advertising and promotion agencies, other companies associated with the Sweepstakes, and each of their respective officers, directors, employees, shareholders, representatives, and agents ("Released Parties") from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of the prize (including any travel or activity related thereto), including, but not limited to:
- any technical errors associated with the Sweepstakes, including lost, interrupted or unavailable Internet Service Provider (ISP), network, server, wireless service provider, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone, cellular tower or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties;
- unauthorized human intervention in the Sweepstakes;
- mechanical, network, electronic, computer, human, printing or typographical errors;
- application downloads,
- any other errors or problems in connection with the Sweepstakes, including, without limitation, errors that may occur in the administration of the Sweepstakes, the announcement of the Winner, the cancellation or postponement of the event and/or the flyover, if applicable, the incorrect downloading of the application, the processing of entries application downloads or in any Sweepstakes-related materials; or
- injury, death, losses or damages of any kind, to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrants participation in the Sweepstakes or acceptance, delivery, misdelivery, possession, receipt, misuse, use of, or inability to use of the prize (including any travel or activity related thereto).
Entrant further agrees that in any cause of action, the Released Parties liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Entrant be entitled to receive attorney's fees.
Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes.
Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
Except where prohibited, each Entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in New Jersey. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, Entrants rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of New Jersey, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than New Jersey.
- Winner List/Official Rules
For a notification of the name of the Winner, available after the announcement, email firstname.lastname@example.org with the subject line “Call Day Winner Request.” The Winner's name will only be available for 90 days. Winner name requests will only be accepted after the promotion end date and time (listed above). These Official Rules will be posted on the Website during the Promotion Period.
Sponsor’s decisions are final and binding in all matters related to the administration, operation, random selection, verification of the Winner, and all issues related to the Call Day Sweepstakes.
_Call Day Sweepstakes 8/2021