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Dan Ryan Builders Ride in Style Contest

OFFICIAL RULES

VOID IN ALL LOCATIONS EXCEPT THE STATE OF WEST VIRGINIA. VOID WHERE PROHIBITED BY LAW.

1. Contest description. This contest ("Contest") is open to each ratified home sale in West Virginia brought to Dan Ryan Builders ("DRB") between October 1, 2011 and December 31, 2011 by an outside real estate professional licensed in the state of West Virginia, which sale actually settles on or before January 31, 2012 or for which sale there is a binding lender commitment to finance the purchase on or before January 31, 2012 (each a "Sale"). Each Sale qualifies the entrant for one (1) entry in the Contest. The winning entry will be selected at random to receive the grand prize. This Contest is a real estate sales incentive, and therefore must comply with all applicable laws pertaining to real estate sales compensation, including without limitation WV Code §30-40 and West Virginia legislative rules 174CSR1 and 174CSR4.
2. Eligibility. The Contest is open only to (i) real estate brokers licensed in West Virginia and (ii) real estate agents licensed in West Virginia and affiliated with a broker licensed in West Virginia, and as to both (i) and (ii) above, only those who are the procuring cause for the executed ratified contract for the purchase of a DRB home in West Virginia, for which the ratified contract is executed between October 1, 2011 and December 31, 2011, and for which the settlement of the purchase occurs no later than January 31, 2012 or for which the homebuyer has obtained no later than January 31, 2012 a binding lender commitment to finance the purchase ("Eligible Agents"). Employees of the Sponsor, the Contest Administrator, Dan Ryan Builders, Inc., and their respective parent and affiliate companies as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible. The Contest is subject to all applicable federal, state, and local laws and regulations and is void where prohibited. Participation constitutes Entrant's full and unconditional agreement to these Official Rules and Sponsor's decisions, which are final and binding in all matters related to the Contest. Winning the Grand Prize is contingent upon fulfilling all requirements set forth herein.
3. How to Enter. Eligible Agents may enter this Contest by completing the Contest entry form ("Entry Form"). Eligible Agents who complete the Entry Form are referred to as "Entrants," and the completion of an Entry Form shall constitute an "Entry." Entrants may complete the Entry Form at the time of contract execution or any time thereafter until January 31, 2012, but the Entry is contingent upon the settlement of the home or the binding lending commitment on or before the date specified above and upon compliance with all other rules herein.
4. Random Drawing of Grand Prize Winner. One (1) potential Contest winner (the "Winner") will be selected at random by the Contest Administrator during a luncheon held in Martinsburg, WV for all eligible Entrants to be held on or about February 1, 2012 ("Drawing Date"). Those in attendance will witness the drawing live, and a separate luncheon in the Morgantown, WV area will occur at the same time and witness the drawing via video conference. Winner need not be present to qualify. If the Winner is present, the Winner will be notified in person immediately. If the Winner is not present on the Drawing Date, the Winner will be notified by telephone within three (3) weekdays of the Drawing Date of his/her potential Winner status. If the potential Winner cannot be reached after three (3) phone call attempts within a twenty-four (24) hour period, if he/she is found to be ineligible, and/or if he/she cannot or does not comply with these Official Rules, that potential Winner will be disqualified, and an alternate potential Winner will be selected at Sponsor's sole discretion. Winner will be required to complete to execute an Affidavit of Eligibility, a Liability Release, (where legal) a Publicity Release, an IRS Form W-9, and any other documentation Sponsor may require (collectively "Affidavit/Release"), which, among other functions, releases Sponsor from any and all liability arising out of this Contest other than payment for the Grand Prize as defined below and subject to all disclaimers contained herein. The Affidavit/Release and an IRS Form W-9 must be signed and faxed to Sponsor within seven (7) days of notification. Winner will then be required to return the original unmodified Affidavit/Release, IRS Form W-9, and legible copies of Winner's current government issued photo I.D. using the provided pre-paid FedEx envelope provided within five (5) days of receipt, or such potential Winner will be disqualified. By faxing and returning the completed Affidavit/Release, potential Winner attests to the authenticity of his/her Entry and Winner attests to the veracity of the provisions stated therein including compliance with these Official Rules. If a potential Winner does not meet all of the above requirements, he/she may be disqualified and an alternate potential Winner will be selected at Sponsor's sole discretion.
5. Prize and Odds of Winning: One (1) Grand Prize will be awarded. The Grand Prize is a two-year (2-year) lease of a 2012 Mercedes Benz C-Class ("Vehicle") including sales tax with an approximate retail value of $13,000.00, or Seven Thousand Five Hundred Dollars ($7,500.00) cash in lieu of Vehicle at the option of either the winner or Sponsor. Sponsor will not be a party to the lease of the Vehicle; Sponsor shall only be liable for the twenty-four (24) regular monthly payments of the lease of the Vehicle, which Sponsor may prepay to the dealer at its sole option. Note: because the Grand Prize constitutes compensation for a real estate transaction, West Virginia law requires that the Grand Prize be paid or awarded to a broker licensed in West Virginia. If the Entrant is not a broker licensed in West Virginia, that Entrant must be an agent licensed in West Virginia and affiliated with a broker licensed in West Virginia, and in such event the Entrant is solely responsible for reaching an agreement with his/her broker regarding the payment or award of the Grand Prize. Sponsor shall have no liability whatsoever for any dispute between an agent and a broker regarding the award of the Grand Prize, and all Entrants hereby agree to defend, indemnify, and hold harmless the Sponsor from any liability therefor. If the Vehicle is selected as the Grand Prize, the Vehicle will be delivered with standard equipment. Delivery of the Vehicle is subject to dealer availability. Registration, title, licensing fees, taxes (including, but not limited to income taxes), insurance and costs associated with the Vehicle, including but not limited to any travel and transportation costs associated with collecting the Vehicle, mileage overruns during the lease period, damage to or theft of the Vehicle during the lease period, any extensions to the lease period beyond 24 months, any routine or extraordinary maintenance, inspection fees, and any costs associated with Winner's violation of any terms of the lease are solely the responsibility of the Winner. Winner may be required to present a valid driver's license from their state or place of residence in the United States and proof of insurability prior to accepting the Vehicle; failure to show same may result in prize forfeiture and selection of an alternate Winner. Winner does not have a choice of color, package or options and the actual Vehicle may differ from those shown in advertisements. Any upgrades or options not on Vehicle as delivered are solely the responsibility of the Winner and may be added only at the sole expense of the Winner. All expenses not expressly specified herein are solely the Winner's responsibility. If Winner cannot accept the Grand Prize as stated by Sponsor or if Winner fails to comply with the delivery conditions, the Grand Prize will be forfeited and an alternate Winner selected. If the Vehicle is selected as the Grand Prize, Winner will be provided instructions to obtain his/her Vehicle at a dealership to be determined by Sponsor. Winner must take delivery of Vehicle within 30 days of notification that dealership has received Vehicle. The odds of winning are determined by the total number of Entries received.
6. General Conditions. The Contest is subject to all applicable federal, state, and local and to these Official Rules (collectively "Rules and Laws"). By participating, Entrants agree to be bound by these Rules and Laws and the decisions of the Sponsor and/or Contest Administrator, which are final and binding in all respects; to waive any right to claim ambiguity with the Rules and Laws; to indemnify, hold harmless and to release all right to bring any claim, action, or proceeding against the Sponsor and/or Contest Administrator. If a potential Winner fails to abide by any additional documentation and requirements of the Vehicle prize suppliers, such potential Winner forfeits any prize eligibility even though his/her name may have been shown/announced publicly. Official Rules will be posted at the internet address: www.danryanbuilders.com/RealtorPromo ("Web Site") until the Contest is completed. Except where prohibited by law, Entry and/or acceptance of the Grand Prize constitutes permission for the Sponsor to use said Winner's name, address (city and state), photograph, likeness, participation in the Contest, biographical information, statements and voice for advertising/publicity purposes worldwide in all forms of media (including but not limited to posting on the Sponsor's website), now known or hereafter devised, in perpetuity throughout the universe without further compensation. Sponsor has the right to modify, use, assign and/or dispose of Entries however it sees fit and for any purpose without any notice or compensation to Entrant or any third parties. If, for any reason, Contest is not capable of running as originally planned, Sponsor at its sole discretion, reserves the right to cancel, suspend or modify Contest or any portion(s) thereof and award the Grand Prize from all salvageable eligible Entries received prior to and/or after (as appropriate) the action taken by Sponsor, or award the Grand Prize in a manner that is fair and equitable. Sponsor reserves the right, at its sole discretion, to disqualify any individual found to be tampering with the Entry process or the operation of the Contest; to be acting in violation of the Official Rules, or to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any person attempting to defraud or in any way tamper with this Contest will be ineligible for the Grand Prize and may be prosecuted to the full extent of the law. Other than assignment of the Grand Prize from a broker to its affiliated agent who was the Contest Winner, no transfer of the Grand Prize or prize component permitted. Sponsor shall not be liable for any loss or damage whether or not caused by any action(s), regulation(s), order(s), or request(s) by any governmental or quasi-governmental entity(ies), equipment failure, including overloading of the website due to excessive use, threatened terrorist act(s), terrorist act(s), air raid(s), blackout(s), act(s) of public enemy, earthquake(s), war(s) (declared or undeclared), fire(s),flood(s), epidemic(s), explosion(s), unusually severe weather, hurricane(s), embargo(s), labor dispute(s) or strike(s) (whether legal or illegal), labor or material shortage(s), transportation interruption(s) of any kind, work slow-down(s), civil disturbance(s), insurrection(s), riot(s), or any other similar or dissimilar cause(s) beyond Sponsor's reasonable control. Grand Prize vehicle shown may not be actual Vehicle delivered. Sponsor will provide instructions to Grand Prize winner to obtain his/her Vehicle at a dealership to be designated by Sponsor at its sole discretion. Grand Prize Winner will be required to personally retrieve Grand Prize Vehicle and is solely responsible for his/her transportation and related costs associated with collecting Vehicle. Rate of sales tax may vary from state to state and any differences in the stated ARV and the actual ARV will not be refunded and, no additional compensation will be awarded. Sponsor will use reasonable efforts, subject to availability, to deliver Vehicle within 120 days of receipt of completed Affidavit/Release. Sponsor is not responsible for delays in delivery of Vehicle. Grand Prize Winner will be required to present a valid U.S. driver's license (at Sponsor's sole discretion), evidence of automobile insurance (if required by law), and any other required information/documents before he/she may take possession of Vehicle. Each Grand Prize Winner bears risk of damage to his/her Vehicle after delivery to specified location and Vehicle will be forfeited if he/she fails to arrange for or accept delivery of Vehicle within thirty (30) days of notification that his/her Vehicle is available. In the event that the specific vehicle model is not available, if unanticipated production delays or interruptions prevent the delivery of the Vehicle, the Vehicle supplier may extend to a winner the option of receiving another vehicle of comparable ARV (at Sponsor's sole discretion). Each Grand Prize Winner is solely responsible for all fees not specifically mentioned, including but not limited to, income taxes, fees charged for taking ownership of Vehicle, registration, title, E.P.A. taxes or fees, insurance, options/upgrades, and all other costs incurred in claiming, registering, delivery or ultimate use of the Grand Prize Vehicle. Sponsor makes no representations or warranties with respect to the Grand Prize. All federal, state, and/or other taxes are the sole responsibility of Grand Prize winner, and Grand Prize winner will receive a 1099 form from the Sponsor for the total ARV, as stated herein, of his/her Grand Prize that he/she won in the calendar year that he/she won.
7. Disclaimers. Sponsor is not responsible or liable for Entries that are illegible, late, tampered with, forged, incomplete, deleted, damaged, lost, misplaced, misdirected, postage due, stolen, destroyed, or otherwise not in compliance with these Official Rules and such Entries will be disqualified. Once submitted, Entries become the sole property of Sponsor and will not be returned. Prize Winner releases Sponsor and its respective agencies, officers, directors and employees or other company or any other persons providing Grand Prize (or prize component) due to reasons beyond Sponsor control, including but not limited to: human error; incorrect or inaccurate transcription of Entry information; acceptance/possession, use/misuse, and/or defects of Grand Prize awarded herein; any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, and/or internet service provider; interruption or inability to access Contest, Web Site or online service via the internet due to hardware or software compatibility problems; any damage to Entrant's (or any third person's) computer and/or its contents related to or resulting from any part of this Contest; any lost/delayed data transmissions, omissions, interruptions, defects or any other errors or malfunctions even if caused by the negligence of the Sponsor. Sponsor is not responsible for warranties for the Grand Prize or prize component. Grand Prize winners shall release Sponsor from any and all liability/responsibility with respect to the Grand Prize, prize components, services and/or this Contest (including any property loss, damage, personal injury, or death). The failure of Sponsor to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsor(s) (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Official Rules.
8. Governing Law, Jurisdiction, Arbitration. Any controversy or claim arising out of or relating to (i) the Contest, (ii) the awarding or redemption of the Grand Prize and/or (iii) the determination of the scope or applicability of these Official Rules or their enforcement or interpretation shall be governed by and construed in accordance with the substantive laws of the State of West Virginia without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state's laws. Any controversy or claim arising out of or relating to this Agreement, its enforcement, arbitrability or interpretation shall be submitted to final and binding arbitration, to be held in Berkeley County, West Virginia, before a single arbitrator. The arbitrator shall be selected by mutual agreement of Sponsor and the Entrant bringing forth the controversy or claim (collectively, the "Parties") or, if the Parties cannot agree, then by striking from a list of arbitrators supplied by the American Arbitration Association or JAMS/Endispute. The arbitration shall be a confidential proceeding, closed to the general public. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator's award is based. The Parties will share equally in payment of the arbitrator's fees and arbitration expenses and any other costs unique to the arbitration hearing (recognizing that each side bears its own deposition, witness, expert and attorneys' fees and other expenses to the same extent as if the matter were being heard in court). Each Entrant agrees that his/her claim will be resolved individually, exclusively by arbitration, without resort to any form of class action. Entrant further agrees that any claim/judgment/award in such arbitration shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in the Contest but in no event attorneys' fees; and, under no circumstances, will an Entrant be entitled to awards for and Entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or increased. Should any term of this Section be deemed void, unenforceable or contrary to law, such term shall, but only to the extent necessary to bring this Section within the requirements of law, be deemed to be severed from the other terms of these Official Rules, and the remainder of these Official Rules shall be given effect as if it had not included the severed term herein. THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THIS AGREEMENT WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.
9. Sponsor. The "Sponsor" is Dan Ryan Builders Realty, Inc., 60 Thomas Johnson Drive, Frederick, Maryland 21702, FAX: 301-696-0653.
10. Contest Administrator. The "Contest Administrator" is Steptoe & Johnson PLLC, Attn: Ken Barton, P.O. Box 2629, Martinsburg, WV 25402-2629, FAX: 304-262-3541.
11. Rules and/or Winner's Information. To receive a copy of the Official Rules or the Winner's Information, send a self-address stamped envelope to: Dan Ryan Builders Ride in Style Contest "Rules" or "Winner's Information" (specify which), 60 Thomas Johnson Drive, Frederick, Maryland 21702. Official Winner's Information will be available after May 1, 2012. All requests must be received by July 31, 2012.