THE MERENDA REAL ESTATE GROUP
“LIST AND SELL YOUR HOME SALES INCENTIVE”
PLEASE READ THESE OFFICIAL RULES BEFORE SUBSCRIBING TO THE MERENDA REAL ESTATE GROUP “LIST AND SELL YOUR HOME INCENTIVE”.
BY TAKING PART IN THE SALES INCENTIVE, YOU WILL BE REPRESENTING AND WARRANTING THAT YOU SATISFY ALL OF THE ELIGIBILITY REQUIREMENTS BELOW AND AGREE TO BE BOUND UNCONDITIONALLY BY THE OFFICIAL RULES, TERMS, CONDITIONS, AND OBLIGATIONS DESCRIBED HEREIN, AND AGREE TO BE BOUND BY ALL DECISIONS MADE BY THE MERENDA REAL ESTATE GROUP IN THEIR SOLE AND ABSOLUTE DISCRETION IN THE ADMINISTRATION OF THE SALES INCENTIVE DESCRIBED BELOW.
1. SPONSOR & INCENTIVE PERIOD
The Merenda Real Estate Group’s “LIST AND SELL YOUR HOME SALES INCENTIVE” is sponsored and administered by the Merenda Real Estate Group (“Sponsor”).
New World 2000 Realty Inc. (“New World”) is not affiliated with the Merenda Real Estate Group’s “LIST AND SELL YOUR HOME SALES INCENTIVE”. You agree New World is not liable for anything endorsed or offered herein, and you agree that they will be held harmless by you at all times.
The Incentive begins at 10:00 A.M. Eastern Time (“ET”) on November 1st, 2019 and ends at 11:59 P.M. (ET) on December 31st, 2020 (the “Incentive Period”).
The Incentive is open to all permanent residents of
a) are eighteen (18) years of age or older
b) have entered into a listing agreement for the sale of their property with a sales representative of the Merenda Real Estate Group.
(Hereinafter referred to as a “Subscriber”)
The Incentive is NOT open to:
a) employees, representatives, brokers or agents, directors, representatives of the Sponsor, and the advertising and promotional agencies of the Sponsor, the independent contest organization, and each of their respective subsidiaries and affiliates (the “Incentive Parties”); and
b) a member of any such person’s immediate family (regardless of where they live) or persons with whom they are domiciled (whether related to the person or not). In these Official Rules, “immediate family” includes mother, father, brothers, sisters, sons, daughters, partner or spouse
3. SUBSCRIBER QUALIFICATIONS TO RECEIVE THE INCENTIVE
In order to qualify for the Merenda Real Estate Group’s “LIST AND SELL YOUR HOME SALES INCENTIVE”, a SUBSCRIBER must:
a) list their property for sale under a listing agreement with a sales representative of the Merenda Real Estate Group;
b) successfully complete the sale of their property within the Incentive Period;
c) have a sales representative of the Merenda Real Estate Group receive a commission upon the sale of the Subscriber’s property in accordance with the listing agreement
d) sell their property within the price parameters as described in section 4 below.
(Hereinafter referred to as “Subscriber Qualifications”)
Provided all of these Subscriber Qualifications are met by the Subscriber, and subject to any other terms and conditions herein, the Subscriber will qualify for the Merenda Real Estate Group’s “LIST AND SELL YOUR HOME SALES INCENTIVE” as defined in Section 4 below.
4. THE INCENTIVE
For each successful sale by the Merenda Real Estate Group of a Subscriber’s property, there is one (1) trip available to be awarded (the Incentive”) to a Subscriber as follows:
1. For the sale of a Subscriber’s property at a sales price between $700,000.00-$799,999.99:
A four-day, 3-night round-trip vacation for two (2) persons at the Merenda Real Estate Group’s vacation property, The Napoli, in Naples, Florida (valued at $2,500.00).
2. For the sale of a Subscribers property at a sales price over $800,000.00;
A four-day, three-night round-trip vacation for two (2) persons at the Merenda Real Estate Group’s vacation property, The Opal, in San Diego (valued at $5,000).
Note: The total value of each trip is approximate (excluding taxes).
Other Terms and Conditions Applicable to the Incentive
(i) The Incentive is only available to one (1) owner per property. In the event there are multiple legal and/or beneficial owners of a property under a listing agreement that has not been designated as the Subscriber for the purposes of the Merenda Real Estate Group’s “LIST AND SELL YOUR HOME SALES INCENTIVE, only one (1) of these owners shall be able to qualify as a Subscriber. In the event of any dispute as to which owner of a property qualifies as a Subscriber if there are multiple owners of a property, the Sponsor in its sole and absolute discretion retains the right to deem any owner of the property as the Subscriber for the purposes of qualifying and/or receiving an Incentive.
(ii) The Incentive does not include transportation to and/or from the airport as this is at the Subscriber’s sole cost.
(iii) The Subscriber and his or her companion must have all required travel documents as required by the Canadian or United States government, including but not limited to: valid passports, vaccination certificates, visas, pre-authorized travel clearance, or travel insurance in order to complete any travel requirements of the Incentive. The Sponsor strongly recommends that the Subscriber and any travel companion acquire adequate travel/insurance coverage prior to departure. The Sponsor will not be responsible for any insurance cost(s) whatsoever, including but not limited to travel insurance for health, trip interruption, flight delay or cancellation, loss or damage to baggage, etc.
(iv) It is at the sole discretion of the Sponsor to determine all Incentive details, including but not limited
(v) The Subscriber and his or her companion are responsible for any and all additional expenses not explicitly included as forming part of the Incentive, including but not limited to: any airport taxes and/or surcharges; any insurance whatsoever including, but not limited to health, hospital, car, travel,
(vi) The Subscriber and his or her companion are also responsible for any of the following costs such as fuel, tolls, parking costs, checked baggage fees, excess baggage fees, recreational activities, and meals.
(vii) It is at the Subscriber’s responsibility to pay all airport/flight taxes and surcharges. These taxes and/or charges must be paid by the Subscriber by credit card prior to travel. The
(viii) The Incentive must be accepted in accordance with the terms, conditions, and rules as disclosed, and is not transferable or convertible to cash. No substitutions except at the Sponsor’s sole option or as described herein. The Sponsor reserves the right, in its sole and absolute discretion, to substitute the Incentive or a component thereof with a trip of equal or greater value. Once reservations are made, they cannot be changed. Other restrictions may apply.
(ix) The Incentive is provided “as is” and the Subscriber acknowledges that there is no warranty whatsoever of any kind provided by the Sponsor.
(x) In the event a Subscriber qualifies for an Incentive trip, the Subscriber shall have the option of applying the cash value of the Incentive trip as a deduction against commissions owing by the Subscriber under the listing agreement. Should the Subscriber exercise this option, the cash value of the trip shall be deducted against commissions prior to the application and/or addition of any harmonized sales taxes. In no circumstance shall this option avail the
5. OTHER CONDITIONS:
a) Each Subscriber, should he or she qualify for an Incentive, is subject to rejection in the sole and absolute discretion of the Sponsor if the Subscriber is not
b) All Subscribers and their enrollment in the Sponsor’s sales
c) The Sponsor is not responsible for late, lost, misdirected, delayed, or incomplete transactions in respect of the Subscriber’s property.
d) In the event that a Subscriber does not otherwise comply with these Rules, then the Subscriber will be disqualified (and will forfeit all rights to the applicable Incentive).
e) BEFORE BEING AWARDED AN INCENTIVE, and without limiting any other terms, conditions, or obligations as stipulated, the Subscriber will be required to:
i. sign and return the Sponsor’s declaration and release form;
ii. confirm compliance with these Rules;
iii. acknowledge acceptance of the Incentive as awarded;
iv. release the Incentive Parties and each of their respective officers, directors, agents, representatives, successors and assigns (collectively, the “Released Parties”) from any and all liability in connection with this Incentive, his/her participation therein and/or the awarding and use/misuse of the Incentive or any portion thereof;
v. agree to the publication, reproduction and/or other use of his/her name, address, voice, statements about the Incentive and/or photograph or
vi. agree to indemnify the Incentive Parties against any and all claims, damages, liabilities, costs, and expenses arising from the Subscribers participation in the Incentive, in whole or in part.
f) If the Subscriber:
fails to sign the any required documents in relation to the Incentive as aforesaid within the time specified by the Sponsor; or
cannot accept the Incentive for any reason;
then he/she will be disqualified and will forfeit all rights to the Incentive.
6. GENERAL CONDITIONS:
In the event of a dispute regarding whether a Subscriber had the legal right or entitlement to list and/or sell a property, the Sponsor reserves the right, in its sole and absolute discretion, to deem the property to have been listed and sold by an authorized owner of the property and award the Incentive to the authorized owner. An “authorized owner” is defined as the person who is on the title or deed to the property. A Subscriber may be required to provide proof that he/she is the authorized owner of the address associated with the property or to otherwise establish his/her identity and eligibility at any time to the satisfaction of the Sponsor.
The Sponsor reserves the right in its sole and absolute discretion to cancel, suspend or amend this Incentive in any way, and at any time, without prior notice for any reason whatsoever and/or in the event of an error, technical problem, tampering, unauthorized intervention, fraud, technical failure or any other cause beyond the reasonable control of the Sponsor that interferes with the proper conduct of this Incentive as contemplated by these Rules.
Any attempt to deliberately damage or enter any premises in violation of these Rules or the law, or to undermine the legitimate operation of this Incentive is a violation of criminal or civil laws and should such an attempt be made, the Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law. The Sponsor reserves the right to cancel, amend or suspend this Incentive, or to amend these Rules, without prior notice or obligation, in the event of any printing, administrative, technical or other error or difficulty or any kind, or for any other reason.
This Incentive is governed by the laws of the Province of Ontario and the laws of Canada applicable therein. The decisions of the Sponsor with respect to all aspects of this Incentive are final and binding on all Subscribers without right of appeal, including, without limitation, any decisions regarding the eligibility/disqualification of the Subscriber.
The Sponsor reserves the right, in its sole and absolute discretion, and without prior notice or obligation, to adjust any of the dates, timeframes or procedures stipulated in these Rules, to the extent necessary, for purposes of verifying compliance by any Subscriber with these Rules, or as a result of technical problems, or in light of any other circumstances which, in the opinion of the Sponsor, in its sole and absolute discretion, affect the proper administration of the Incentive as contemplated in these Rules.
Any waiver by the Sponsor of any of the terms, conditions, rules, or obligations imposed upon the Subscriber, does not constitute a general waiver of the remaining terms, condition, rules, or obligations of all Subscribers.