OFFICIAL COME $ALE AWAY PROMOTION RULES

Dan Ryan Builders may, to the maximum extent permitted by applicable law, and at its sole discretion, change these Come $ale Away promotion rules (the “Rules”) or modify, terminate, or suspend the Come $ale Away promotion at any time.

ELIGIBILITY: Open only to sales consultants in Dan Ryan Builders’ Charleston Division who are at the time of entry: (i) lawful permanent residents of one of the fifty (50) United States or the District of Columbia; (ii) eighteen (18) years of age or older; and (iii) properly licensed as a real estate agent or broker by the State of South Carolina.  Void where prohibited.  The Come $ale Away promotion is subject to all applicable federal, state, and local laws and regulations.  By participating, you agree to be fully and unconditionally bound by these Rules, and you represent and warrant that you meet the eligibility requirements.  Dan Ryan Builders reserves the right in its sole discretion to disqualify any participant, including Potential Bonus Recipients (as defined below), who does not comply with these Rules.  Should your employment with Dan Ryan Builders terminate before the date of the home settlement that qualifies you for a Cruise Certificate or an upgraded Cruise Certificate, as detailed below, you will be disqualified from receiving a Cruise Certificate or an upgraded Cruise Certificate, as the case may be. 

SPONSOR: Dan Ryan Builders, 64 Thomas Johnson Drive, Suite 110, Frederick, MD 21701.

CRUISE CERTIFICATE BONUS/TERMS OF PROMOTION: Any sales consultant in Dan Ryan Builders’ Charleston Division who completes two (2) settlements on or before December 31, 2018, from non-contingent contracts for any fully released or started “spec” home in any active community of Dan Ryan Builders’ Charleston Division (excepting all fully released or started “spec” homes in the Riverstone subdivision other than those in “Phase 1”) (each an “Inventory Home”) executed between June 28, 2018, and September 30, 2018, (“Potential Bonus Recipients”) will receive (1) Royal Caribbean® - Platinum Level Cruise Certificate (“Cruise Certificate”) (valued at approximately One Thousand One Hundred Seventy-Four Dollars ($1,174.00)).  Limit one (1) Cruise Certificate per Potential Bonus Recipient.  See the General Sales Manager of Dan Ryan Builder’s Charleston Division for a list of Inventory Homes.  The Cruise Certificate entitles the holder(s) to reserve one interior stateroom on a three (3) or four (4) night cruise to the Bahamas.  The Cruise Certificate covers the applicable cruise fare for two (2) guests (the Potential Bonus Recipient and a cruise travel companion) in an interior stateroom, certain taxes and fees, and standard recommended gratuities.  If a Potential Bonus Recipient completes a third (3rd) (or more) settlement on or before December 31, 2018, from a contract for an Inventory Home executed between June 28, 2018, and September 30, 2018, the Potential Bonus Recipient will receive an upgrade to their Cruise Certificate’s interior stateroom to an oceanview state room (such upgraded Cruise Certificate is valued at approximately One Thousand Three Hundred Seventy-Four Dollars ($1,374.00)).  The Cruise Certificate has no expiration date; however, any cruise redeemed more than two (2) years after the issue date will provide the holder of the Cruise Certificate with a dollar credit amount (based upon the value for that type of certificate as shown in cruise line’s price table in effect at the time the Cruise Certificate was purchased) against the cost of their cruise.  Dan Ryan Builders will hand-deliver the Cruise Certificate to the Potential Bonus Recipient within fifteen (15) days of receiving the Cruise Certificate from the cruise line; provided, however, that in no event shall the Cruise Certificate be delivered to a Potential Bonus Recipient prior to the next business day following the date of settlement.  Should your employment with Dan Ryan Builders terminate after the date of the home settlement that qualifies you for a Cruise Certificate or an upgraded Cruise Certificate, you must provide Dan Ryan Builders a mailing address at which you are able to receive the Cruise Certificate within fifteen (15) days of the date on which your employment with Dan Ryan Builders terminated.  Dan Ryan Builders shall mail the Cruise Certificate to the Potential Bonus Recipient whose employment with Dan Ryan Builders has terminated (as described above) within fifteen (15) days after receiving the Cruise Certificate from the cruise line; provided, however, that in no event shall the Cruise Certificate be mailed prior to the next business day following the date of settlement.  Dan Ryan Builders shall not be responsible for any loss, damage, or expense incurred by the Potential Bonus Recipient arising from any delay in the receipt of the Cruise Certificate.  The Cruise Certificate is awarded “as is”, and is subject to the terms and conditions of the cruise line.  Additional restrictions apply.  All cruises are subject to availability, and all prices and dates may not be available at the time of redemption of the Cruise Certificate.  The Cruise Certificate may not be transferred, assigned, or redeemed for cash.  The Potential Bonus Recipient will be responsible for paying all costs and expenses related to the Cruise Certificate that are not specifically mentioned and/or may be incurred by the Potential Bonus Recipient in receiving, redeeming, or using the Cruise Certificate, including, but not limited, to room upgrades, guest additions, itinerary upgrades, cruise services or excursions, cruise length emendation, transportation to and from the departure port, taxes, fees, gratuities, telephone, incidentals, personal expenses, and travel or medical insurance, and the Potential Bonus Recipient may be required, as a condition of receiving the Cruise Certificate Bonus, to provide Dan Ryan Builders with their social security number and complete a W-9 or 1099-misc, as may be applicable, so that appropriate reports may be filed with applicable taxing authorities.  The Potential Bonus Recipient is responsible for paying any and all state and federal income taxes, and any other similar taxes, that may be applicable in connection with receiving the Cruise Certificate.  Lost, stolen, or damaged Cruise Certificates will not be replaced.

Potential Bonus Recipients and cruise travel companions (if you choose to travel with one and who must be legal United States residents) are responsible for: (i) all travel documents including, without limitation, a current, valid United States Passport, visas if necessary and/or other identification documents acceptable to the cruise line, foreign governments, the Transportation Security Administration and the United States Government; (ii) all medical requirements; (iii) respecting all local regulations; (iv) full compliance with the regulations of all venues; and (v) any and all other similar requirements not specifically mentioned herein.  There will be no substitution or compensation for a Cruise Certificate (in whole or in part) forfeited due to a Potential Bonus Recipient’s or a Potential Bonus Recipient’s companion’s non-compliance with travel and venues’ regulations or any other reason.

Acceptance of the Cruise Certificate constitutes permission for Dan Ryan Builders to use the Potential Bonus Recipient’s name, likeness, and any and all identifying characteristics (excluding address, phone number, and e-mail address) for purposes of advertising and trade without further compensation, unless prohibited by law.

All decisions of Dan Ryan Builders with respect to the Come $ale Away promotion are final and binding in all respects.  The return of a Cruise Certificate as undeliverable or rejection of the Cruise Certificate will result in disqualification of the Potential Bonus Recipient.  Dan Ryan Builders is not responsible for any misdirected mailing(s), whether caused by Dan Ryan Builders or resulting from an incorrect or otherwise inaccurate mailing address, or other failing(s) of the Potential Bonus Recipient to receive mailings.

LIMITATION OF LIABILITY: By participating in the Come $ale Away promotion, you agree to release and hold harmless Dan Ryan Builders and its subsidiaries, affiliates, parent companies, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, directors, and attorneys from any liability, loss, costs, injury, death, damage to property or person, attorney’s fees, and court costs, due in whole or in part, directly or indirectly, by reason of the acceptance, possession, use, or misuse of the Cruise Certificate or participation in the Come $ale Away promotion, even if caused by Dan Ryan Builders. 

DISPUTES: THESE RULES AND THE COME $ALE AWAY PROMOTION ARE GOVERNED BY THE LAWS OF THE STATE OF SOUTH CAROLINA, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES.  If any provision of these Rules shall be deemed to violate any federal, state or local law, regulation or ordinance, it shall be amended to conform to such law and all other provisions shall remain in full force and effect.  As a condition of participating in the Come $ale Away promotion, you agree that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with the Come $ale Away promotion or Cruise Certificate, shall be resolved individually, without resort to any form of class action, exclusively in binding arbitration to be conducted in the State of South Carolina.  Any and all claims, judgements, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in the Come $ale Away promotion, and shall not include consequential, incidental, or punitive damages, or attorneys’ or experts’ fees.

ROYAL CARIBBEAN®: The Come $ale Away promotion is not in any way sponsored, endorsed, administered, or associated with Royal Caribbean®. Royal Caribbean® is the registered trademark of Daswani (VI), Inc. DBA Royal Caribbean.  All other marks used in these Rules are the property of their respective owners.

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