Terms & Conditions and Rules
of the
Touchstone Realty, LLC Scavenger Hunt!
PLEASE READ CAREFULLY. By participating in Scavenger Hunt! and/or including the required "I Agree Statement" (see paragraph A section 6) in your email submission(s), you agree to all of the following Terms & Conditions and Rules governing the Touchstone Realty, LLC Scavenger Hunt!
A. Overview of the Touchstone Realty, LLC, Scavenger Hunt! Program
1. Touchstone Realty, LLC Scavenger Hunt! (the "Program") is a program sponsored by Touchstone Realty, LLC (the "Sponsor"), through which individuals can participate ("Participants") in a virtual scavenger hunt and win prizes, available while supplies last, or through other methods as may be added from time to time.
2. It is more conducive to participation if Participants are a Fan of Touchstone Realty, LLC on Facebook as announcements, updates and clues are sent to Fans.
3. Announcements, updates and clues for the Program will be sent via Facebook to Fans of Touchstone Realty, LLC. Some announcements, updates, and clues will be available at other sites including but not limited to www.TouchstoneRE.com.
4. Participants will have to search for answers to clues at www.TouchstoneRE.com . Participants may at times have to seek answers to clues on other websites. Participants may, at times, have to look up and/or research information for answers to clues at internet locations and/or other research methods/locations of their own choice.
5. Answers to clues will lead to other clues and on and on until ultimately a virtual pathway has been found to the final answer of the final clue.
6. Participants will email the final answer to the final clue to a special Touchstone Realty, LLC, email Touchstone7@windstream.net . All emails submitted with the final answer to the final clue, must include the following acceptance phrase (the "I Agree Statement"):
"I am participating in the Touchstone Realty, LLC, Scavenger Hunt! and I agree to the "Terms & Conditions and Rules" governing the Program."
Any email submission(s) without the "I Agree Statement" will be disqualified.
7. At a date specified solely by Touchstone Realty, LLC, a final winner will be randomly drawn from all entries received at the specified email address.
B. Eligibility
The Program is open to residents of the planet Earth who are 13 years and older at the time of participation. Any prize winner under the age of 18 at the time of winning must submit written permission to receive the prize from a parent or guardian. Some items for redemption may be available to those of various other ages from time to time, as indicated in the prize description. Void where prohibited by law.
a. Employees and Agents/Brokers of Touchstone Realty, LLC, their respective parent companies, subsidiaries, affiliates, and agents and agencies are not eligible to participate in the Program nor to win any prizes offered in the Program.
b. The immediate family (spouse, parents, siblings, and children) and household members of employees and Agents/Brokers of Touchstone Realty, LLC, may participate in the Program.
C. Duration of Program
1. The current phase of the Program begins at 12:00 a.m. Eastern Time ("ET") on January 1, 2009 and is scheduled to end at 11:59 p.m. ET on December 31, 2010 (the "Hunt Period"), but Sponsor reserves the right to shorten, extend, suspend, modify, or cancel the Program, at its discretion, at any time.
D. Modifications and Termination of the Program
1. Sponsor reserves the right to modify any of the Terms & Conditions and Rules set forth herein - including, but not limited to, the duration of the Hunt Period, at any time, with or without notice, even though these changes may affect a Participant's ability to win Prizes.
2. Sponsor reserves the right to terminate or temporarily suspend the Program at any time, for any reason, with or without notice, even though termination may affect a Participant's ability to win Prizes.
3. A Participant's continued participation in the Program constitutes the Participant's acceptance of any changes to these Terms & Conditions and Rules. Participants are responsible for remaining knowledgeable as to any changes that Sponsor may make to these Terms & Conditions and Rules. The most current version of these Terms & Conditions and Rules will be available at www.TouchstoneRE.com and will supersede all previous versions of these Terms & Conditions and Rules.
E. General Terms & conditions and rules.
1. To learn how personal information collected in connection with the Program may be used, participants should read Touchstone Realty, LLC's Privacy Policy which is available at
http://www.touchstonere.com/default.asp?content=privacy&menu_id=77404
The terms of Touchstone Realty, LLC Privacy Policy is incorporated herein by reference.
2. Touchstone Realty, LLC reserves the right to discontinue the participation privileges of any Participant who engages in any fraudulent activity or uses the Program in a manner inconsistent with these Terms & Conditions and Rules or any federal, state or local, laws, statutes or ordinances. In addition to discontinuance of participation privileges, Touchstone Realty, LLC shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, as it deems necessary in its sole discretion.
3. Touchstone Realty, LLC reserves the right to rescind prizes won which were obtained as a result of fraudulent activity or technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software related to the Program.
4. The Program is provided to Participants only. Corporations, associations or other groups may not participate in the Program.
5. Submitted Answers do not constitute property of a Participant and may not be transferred or assigned, and are not transferable upon death, as part of a domestic relations matter or otherwise by operation of law.
6. Touchstone Realty, LLC is not responsible for any incorrect or inaccurate information supplied by Participants while participating in the Program.
7. All questions or disputes regarding eligibility for the Program, or a Participant's compliance with these Terms & Conditions and Rules will be resolved by Touchstone Realty, LLC in its sole discretion.
I. Limitation of Liability
1. Touchstone Realty, LLC is not responsible for incorrect or inaccurate transcription of information, for problems related to any of the equipment or programming associated with the Program or utilized by the Participant, for any human error, for any interruption, deletion, omission, defect, or line failure of any telephone network or electronic transmission, for problems relating to computer equipment, software, inability to access the Website or online service, or for any other technical or non-technical error or malfunction. In the event of a printing error or irregular packaging, neither Touchstone Realty, LLC, and/or their respective related companies, parents, subsidiaries, affiliates, and respective agents and their agencies, suppliers and other companies involved in the development or execution of the Program or the production or distribution of Program materials ("Releasees") shall have any liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ANY OF THE RELEASEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROGRAM OR MERCHANDISE OFFERED THROUGH THE PROGRAM, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF TOUCHSTONE REALTY, LLC IMPROPERLY DENIES A PARTICIPANT ANY PRIZE, LIABILITY WILL BE LIMITED TO THE AMOUNT OF VALUE OF THE PRIZE AS DETERMINED SOLEY BY TOUCHSTONE REALTY, LLC. BY PARTICIPATING IN THE PROGRAM, A PARTICIPANT WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED. Touchstone Realty, LLC, its joint ventures, officers, directors, employees, shareholders, promotion agencies, agents, successors, assigns, and service providers, are not responsible for any products or services offered by its Program Partners. TO THE FULLEST EXTENT ALLOWABLE BY LAW, TOUCHSTONE REALTY, LLC, AND THEIR PROMOTION AGENCIES SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING ANY PRIZE AND/OR THE PRODUCTS AND/OR SERVICES OFFERED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. Program participants agree to rely solely on the manufacturer's warranties, if any, for any products redeemed through this program.
2. As a condition of participating in this Program, Participant agrees that (1) any and all disputes, claims, and causes of action arising out of or connected with this Program, or any rewards obtained through the Program, shall be resolved individually, without resort to any form of class action and exclusively by arbitration under the International Arbitration Rules of the American Arbitration Association. Arbitration will take place in Harnett County, North Carolina; (2) any and all claims, judgments and rewards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Program, but in no event attorneys' fees; and (3) under no circumstances will Participant be permitted to seek recovery for, and Participant hereby waives all rights to claim, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and waives any and all rights to have damages multiplied or otherwise increased.
3. All issues and questions concerning the construction, validity, interpretation and enforceability of the Terms & Conditions and Rules, or the rights and obligations of Participant and Touchstone Realty, LLC in connection with the Program, shall be governed by, and construed in accordance with, the laws of the State of North Carolina, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of North Carolina, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of North Carolina.
4. These Terms & Conditions and Rules constitute the entire agreement between Program participants and Sponsor pertaining to the subject matter hereof and supersedes all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of these Terms & Conditions and Rules shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall waiver constitute a continuing waiver unless otherwise expressly provided.
5. If any provision of these Terms & Conditions and Rules is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms & Conditions and Rules, which will otherwise remain in full force and effect.
Good Hunting!
