OFFICIAL RULES
No Purchase Necessary / Void Where Prohibited By Law
To Enter
Applicants may enter the 2009 Homeownership Contest (the “Contest”) here or by mailing a request for an application with a self-addressed stamped envelope to Black Enterprise, 130 Fifth Avenue, 10th Floor, New York, NY 10011, Attn: Homeownership Contest (“Sponsor’s Address”). Official Entry Forms and required attachments (“Attachments”) may be submitted between Thursday, September 17, 2009, 9:00 a.m. EST through Friday, November 6, 2009, 5:00 p.m. EST. (“Contest Entry Period”) electronically, by mail to the above address, or via fax to (212) 886-9633. Any other attempt at entry is void.
NO PURCHASE NECESSARY. VOID WHERE PROHIBITED BY LAW.
There is a limit of one (1) entry per person. If multiple entries are received from any one person, all entries will be disqualified. The purpose of this Contest is to assist the winner in purchasing a home (the “Home”) that will be used as the winner’s primary residence for no less than a three-year period after the closing of the purchase. The Home must be purchased before February 26, 2010 and located in the continental United States and not in any of the “Excluded Territories” defined below. Complete the Official Entry Form for the Contest and follow the instructions, including providing all mandatory information. Each Official Entry Form must include an essay of 500 words or less explaining your personal journey to homeownership (the “Essay”). Contest finalists will be contacted by certified mail on or before Monday, November 23, 2009, and asked to provide the following Attachments: 1) a copy of a purchase contract that is in full force and effect for the Home, signed by both the buyer (the named buyer must be the same person who is entering this Contest) and the seller; 2) a notarized copy of a loan commitment to the entrant from a qualified mortgage lender in the amount required to purchase the Home; 3) the entrant’s most recent federal tax return; and 4) a recent copy of the entrant’s credit report (including credit score). Contest finalists who fail to provide the required Attachments within 10 days after notification will be disqualified.
Once submitted, all entries and Attachments become the exclusive property of the Sponsor and will not be returned but will be considered confidential and, except for the entrants’ Essays, destroyed at the end of the Contest. Only one Official Entry Form with Attachments will be accepted in each fax or mailed package or online submission. All entries must be received by Friday, November 6, 2009, 5:00 p.m. EST, regardless of the date or time faxed, mailed, or submitted through www.blackenterprise.com, or any date or time stamp.
By submitting an Official Entry Form, the entrant: 1) consents to having his/her e-mail/mail address added to the e-mail/mail lists of BLACK ENTERPRISE/ www.blackenterprise.com, to which product information may be sent from time to time; 2) warrants and represents that he/she has read these Official Rules and based thereon, is eligible to participate in this Contest; and 3) agrees to be profiled in future articles appearing in BLACK ENTERPRISE magazine, on BlackEnterprise.com, or on any other BLACK ENTERPRISE media properties, including its television and/or radio shows, but not limited to publication of the winner’s essay and/or photograph in BLACK ENTERPRISE, as well as in limited promotional appearances without fee or other compensation.
Prize/Odds of Winning
One winner will be selected from the contest finalists to receive a prize consisting of one (1) cash award of $10,000.00 (ten thousand dollars), which must be used toward the purchase of the Home and will be deposited directly into the escrow or with the attorney handling the purchase of the Home. There are no cash equivalents for this prize. The prize awarded is subject to the restrictions and limitations noted in these Official Rules and/or included with the prize, and the winner must abide by all such limitations and restrictions. The winner agrees to accept the prize “as is.” Odds of winning the prize depend on the number of eligible entries received and the content and quality of the entries.
Eligibility
Only legal residents of the continental United States who are 21 years of age or older as of September 16, 2009, and who have never purchased a home are eligible to enter this Contest and win the $10,000.00 prize. Applicants must also demonstrate the ability and intent to purchase a Home between November 1, 2009 and February 26, 2010 calendar year. Residents of Arizona, Florida, Rhode Island, Puerto Rico, and any other U.S. state or territory where this Contest is restricted or prohibited under applicable law (collectively, the “Excluded Territories”) are not eligible to enter this Contest or win the prize. Employees, officers, directors, agents, and representatives (and their immediate family members and members of the same households) of BLACK ENTERPRISE magazine (“Sponsors”), Earl G. Graves Ltd., Earl G. Graves Publishing, BlackEnterprise.com, or any of their respective affiliates, subsidiaries, suppliers, or advertising, promotion, or fulfillment agencies (collectively, the “Promotion Entities”) are not eligible to enter this Contest or win the prize.
Selection of Winner
Up to twenty (20) contest finalists will be selected by the editors of BLACK ENTERPRISE from all eligible and qualified entries received in accordance with these Official Rules during the Contest Entry Period based upon the following criteria:
- How compelling the entrant’s personal journey to homeownership is, as set forth in the Essay
- The entrant’s enthusiasm for homeownership
- The extent to which other first-time home buyers will relate to the entrant
- The extent to which the entrant presents a desirable image for BLACK ENTERPRISE
- The unique issues related to homeownership faced by the entrant
- How clear the Essay is in terms of the entrant’s path to homeownership
- The informative and instructive value to the readers of BLACK ENTERPRISE relating to the entrant’s story to date, and going forward through the first few years of homeownership
The winner will be chosen from the Contest finalists based on the foregoing criteria and notified by a representative of BLACK ENTERPRISE and confirmed through U.S. certified mail. If the winner does not return the required consent and release form within 10 days of the date the notification is sent, or if he/she if found to be ineligible, or if he/she cannot or does not comply with these Official Rules, the winner may be disqualified and an alternate winner may be selected.
General Conditions
BLACK ENTERPRISE/www.blackenterprise.com reserves the right to verify the eligibility qualifications of the winner. A background check may be done on the winner to determine if there are any issues that impede said winner from presenting a desirable image for BLACK ENTERPRISE. If a winner has committed or commits any act or becomes involved in any situation or occurrence that brings him/her into public disrepute, contempt, scandal, or ridicule, or which shocks, insults, or offends the people of this nation or any class or group thereof, or reflects unfavorably on BLACK ENTERPRISE/www.blackenterprise.com or its products/services, the winner may be disqualified. The Sponsor’s decision on all matters arising under this paragraph will be conclusive.
The winner is solely responsible for all taxes on the prize, including applicable sales and income taxes. To the extent applicable, any forms required by the appropriate taxing authority must be completed prior to delivery of the prize, including a W-9 tax form (related to any prize equal to or exceeding $600 in value). An IRS Form 1099 reporting the value of the prize as earned income will be issued as appropriate. The winner will be required to execute an Affidavit of Eligibility, a Liability Release, (where legal), a Publicity Release (“Affidavit/Release”), and provide a valid photo identification (i.e., U.S. driver’s license, passport). An executed Affidavit/Release, an executed Form W-9, and a photocopy of legal documentation showing the winner’s social security number may be required within 10 days of notification or the winner my be disqualified and an alternate winner may be selected. If the Affidavit/Release is not delivered in person, it must be notarized. To the extent applicable, return of prize notification as undeliverable will result in disqualification.
Except where prohibited by law, each entrant grants the Sponsor, Promotion Entities, and their respective partners, licensees, parents, subsidiaries, affiliates, assigns, related companies, and successors, and all of their respective officers, directors, employees, representatives, attorneys, and agents (collectively “Sponsor Entities”) the universal and perpetual right and license to themselves and to grant to others the right and license to use, exploit, print, publish, broadcast, reproduce, display, distribute, modify, and make works derivative of entrant’s Essay and the name, actual or simulated likeness, photograph, image, voice, portrait, picture, personal characteristics, biographical information, and other personal identification of the entrant in any and all languages, formats, and media now known and hereafter developed in connection with the Website, Contest, and/or any Contest-related activity, and any and all advertising, promotions, marketing, and/or publicity thereof, including all ancillary and subsidiary rights therein, without additional consideration.
The Sponsor, in its sole discretion and without any resulting responsibility or liability, reserves the right to disqualify any person tampering with the entry process or, as applicable, the operation of the Website, or any person who is otherwise in violation of these Official Rules. Such a person will be prosecuted to the fullest extent of the law. The Sponsor further reserves the right to cancel, terminate, suspend, or modify this Contest to the extent that it is not capable of completion as planned, including because of infection, as applicable, by computer virus, bugs, tempering, unauthorized intervention, or technical or other failures of any sort, or any other caused beyond the control of the Sponsor.
Limitation of Liability/Disclaimers
By Entering the Contest, entrants agree to waive any right to claim any ambiguity or error in the Official Rules of the Contest or the contest itself, and agree to be bound by these Official Rules and by all decisions of the Sponsor, Promotion Entities, and Sponsor Entities, whose decision is binding and final in all respects.
The Sponsor Entities are not responsible for lost, late, damaged, incomplete, stolen, illegible, misdirected, deleted, destroyed, or altered entries or requests for entry forms. The Sponsor Entities are also not responsible for any mail, computer, telephone, cable, network, electronic, or Internet hardware of software malfunctions, failures, errors, interruptions, deletions, defects, delays, connections, availability, or garbled or jumbled transmissions, service provider/Internet/Website/use, Internet accessibility or availability, traffic congestion, or unauthorized human intervention or access to the Website, as applicable. Proof of entering information on the Website, or faxing, or of depositing into U.S. mail, as applicable, is not considered proof of delivery or receipt. The Sponsor Entities are not responsible for any incorrect or inaccurate information.
By participating, entrants, on behalf of themselves and their heirs, executors, administrators, successors, and assigns, hereby knowingly and voluntarily release, discharge, waive, relinquish, and agree that they will not assert or maintain against the Sponsor Entities and those involved in the development, production (including prize suppliers, contractors, service providers), implementation, and distribution of this Contest, and any other person or entity associated with such entities and/or this Contest and any of their respective officers, directors, employees, representatives, attorneys, or agents (collectively “Sponsors’ Companies”), any claim, action, suit, or demand of any kind or nature whatsoever, whether known or unknown now or in the future, directly or indirectly, in whole or in part, arising out of or in connection with their participation in this Contest or any Contest-related activity, or their acceptance, possession, use, or misuse of any prize in any way (including any tax liabilities). Entrants hereby further agree that Sponsors’ Companies are not responsible or liable for, and that entrants will indemnify, defend, release, and hold Sponsors’ Companies harmless from and against, any and all claims, liabilities, losses, damages, injuries, costs, and expenses (including, without limitation, reasonable attorneys fees) of any nature whatsoever, whether known or unknown, now or in the future, directly or indirectly, in whole or in part, arising out of or in connection with their participation in this Contest or any Contest-related activity, or their acceptance, possession, use, or misuse of any prize in any way (including any tax liabilities). Entrants hereby acknowledge that they may hereafter discover facts different from or in addition to those that they now know or believe to be true and agree that this release will remain effective notwithstanding.
Winners List/Rules
The name of the winner may be obtained after February 15, 2010, by sending a self addressed, stamped envelope to be received by February 26, 2010, to 2009 BLACK ENTERPRISE Homeownership Contest, 130 Fifth Avenue, 10th Floor, New York, NY 10011, Attn: Winners List. Click here for a copy of the Official Rules
Governing Law
Except to the extent pre-empted by federal or other applicable state law, this Contest shall be governed by the laws of the State of New York (without giving effect to any conflict of law provisions thereof). By participating in this Contest, entrants agree that any and all disputes that cannot be resolved between entrant and Sponsor, and causes of action arising out of or connected with this promotion, shall be resolved individual, without resort to any form of class action, exclusively, before a court located in New York, NY having competent jurisdiction, which Court shall apply the laws of the State of New York without giving effect to any conflict of law provisions thereof.
Sponsor
BLACK ENTERPRISE
130 Fifth Avenue
10th Floor
New York, NY 10011