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The Summit Experience Giveaway Rules & Regulations

 

ONE PRIZE PROMOTION

 

A.                 THE SUMMIT EXPERIENCE GIVEAWAY ADVERTISING COPY:

 

The Summit Birmingham (Bayer Retail Company, L.L.C., Bayer Development Company, L.L.C., Bayer Retail Company II, L.L.C., Bayer Retail Company III, L.L.C., Bayer Retail Company IV, L.L.C., and Bayer Retail Company VI, L.L.C.) (collectively, “The Summit”) is conducting its SUMMIT EXPERIENCE GIVEAWAY summer promotion in which it will be giving away one (1) prize package valued up to $7,200.00 (the “Promotion”). This is how the Promotion works:  The Summit will highlight one (1) post on its Instagram, @thesummitbirmingham, and Facebook pages during the three (3) day period starting at 3:00 PM Central Standard Time on Thursday, June 18, 2020, and ending at 11:59 PM Central Standard Time on Saturday, June 20, 2020 (the “Promotion Period”).

 

To enter the Promotion:

  1. LIKE The Summit’s giveaway post on Instagram or one of the giveaway posts highlighted by one (1) of the accounts followed by @bhamgiveaways; and
  2. TAG three (3) Instagram accounts on the one of the giveaway posts; and
  3. FOLLOW @bhamgiveaways and all accounts followed by the @bhamgiveaways page.

Bonus entries:

  1. SHARE the giveaway image to your Instagram story and tag @bhamgiveaways to receive one (1) additional entry; and
  2. TAG additional Instagram accounts in excess of the minimum of three (3) required above (each tag, above the minimum three (3) tags, equals one (1) additional entry).

The Summit will randomly draw the winning name at 12:00 PM Central Standard Time on Monday, June 22, 2020. The winner will receive the Promotion prize package totaling up to $7,200.00. For official rules, visit www.thesummitbirmingham.com. NO PURCHASE OR PAYMENT OF ANY KIND IS REQUIRED TO ENTER, WIN OR RECEIVE THE PRIZE. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW. By participating in the Promotion, each entrant agrees to be bound by and comply with the official rules. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook or Instagram.  The winner must have a public account at the time of drawing, so Sponsor can verify that the winner is following @bhamgiveaways and all accounts followed by the @bhamgiveaways.

 

 

B.                 PROMOTION OFFICIAL RULES:

 

 

THE SUMMIT

214 Summit Blvd., Suite 150

Birmingham, Alabama  35243

 

Promotion Sponsor(s) and Offeror(s):

 

Bayer Retail Company, L.L.C., Bayer Development Company, L.L.C., Bayer Retail Company II, L.L.C., Bayer Retail Company III, L.L.C., Bayer Retail Company IV, L.L.C., and Bayer Retail Company VI, L.L.C.

2200 Arlington Avenue South, Suite 101

Birmingham, Alabama  35205

Attention:  General Counsel

 

OFFICIAL RULES FOR THE SUMMIT EXPERIENCE GIVEAWAY:

 

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER, WIN OR RECEIVE A PRIZE. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.

 

INTRODUCTION:

The SUMMIT EXPERIENCE GIVEAWAY (the “Promotion”) is offered and sponsored by Bayer Retail Company, L.L.C., Bayer Development Company, L.L.C., Bayer Retail Company II, L.L.C., Bayer Retail Company III, L.L.C., Bayer Retail Company IV, L.L.C., and Bayer Retail Company VI, L.L.C. (collectively, the “Sponsor”), the owners of that certain mixed use development commonly known as The Summit and located at 214 Summit Blvd., Suite 150, Birmingham, Alabama  35243 (“The Summit”). The Promotion is governed by these Official Rules. By participating in the Promotion, each entrant unconditionally agrees to be bound by and comply with these Official Rules (including all eligibility requirements) and the decisions of Sponsor, which shall be final and binding in all respects. The Promotion is subject to all federal, state and local laws and regulations and is void where prohibited by law. This Promotion is a sales promotion for The Summit.

 

NEITHER INSTAGRAM NOR FACEBOOK SPONSOR, ENDORSE, OR ADMINISTER THE PROMOTION:

The Promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram or Facebook. You understand that you are providing your information to the Sponsor, the owner of the Instagram page and not to Instagram or Facebook.

 

PROMOTION PERIOD:

The Promotion begins at 3:00 PM Central Standard Time on Thursday, June 18, 2020, and ends at 11:59 PM Central Standard Time on Saturday, June 20, 2020 (the “Promotion Period”). Sponsor is responsible for the collection, submission and processing of entries and the overall administration of the Promotion. Entrants should look solely to Sponsor with any questions, comments or problems related to the Promotion.

 

ELIGIBILITY:

The Promotion is open only to legal residents of the fifty (50) United States (including the District of Columbia) who are eighteen (18) years of age or older as of the entry date. Void where prohibited by law. Sponsor and Bayer Properties, L.L.C. and their respective parents, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies and each of their respective members, officers, directors and employees (collectively, the “Promotion Entities”), and members of their immediate families and/or persons living in the same household as such persons, are ineligible to enter the Promotion or win a prize.

 

ENTRY:

The Summit will highlight one (1) post on its Instagram, @thesummitbirmingham, and Facebook pages during the Promotion Period. Enter the Promotion during the Promotion Period by:

  1. LIKING The Summit’s giveaway post on Instagram or one of the giveaway posts highlighted by one (1) of the accounts followed by @bhamgiveaways; and
  2. TAGGING three (3) Instagram accounts on the one of the giveaway posts; and
  3. FOLLOWING @bhamgiveaways and all accounts followed by the @bhamgiveaways page.

Receive bonus entries by:

  1. SHARING the giveaway image to your Instagram story and tag @bhamgiveaways to receive one (1) additional entry; and
  2. TAGGING additional Instagram accounts in excess of the minimum of three (3) required above (each tag, above the minimum three (3) tags, equals one (1) additional entry).

 

Final eligibility for the award of any prize is subject to eligibility verification as set forth in these Official Rules. All entries must be posted by the end of the Promotion Period in order to participate. Sponsor’s database clock will be the official time keeper for this Promotion. Except where prohibited by law, by participating in this promotion each entrant grants Sponsor permission to use his or her name, likeness or comments for publicity purposes without payment of additional consideration.

 

WINNER SELECTION:

The winner need not be present to win. The Promotion winner will be selected in a random drawing at 12:00 PM Central Standard Time on Monday, June 22, 2020 from among all complete, qualified and eligible entries received during the Promotion Period. The random drawing will be conducted by Sponsor or its designated representatives, whose decisions are final. The winner will be direct messaged on the Instagram page of The Summit on or around 3:00 PM Central Standard Time on Monday June 22, 2020. In the event of non-compliance with applicable requirements of these Official Rules, the prize will be forfeited and an alternate winner will be selected. Entrants waive the right to assert, as a cost of winning the prize, any and all costs of redemption or travel to redeem the prize. Winners shall pick up prize at the Guest Services Office of The Summit, 214 Summit Blvd, Suite 150, Birmingham, Alabama 35243. However, if travel to The Summit to pick up the prize is inconvenient for the winner due to distance or other reasonable cause, the Sponsor will deliver the prize to the winner via U.S. mail or delivery service, at Sponsor’s discretion. If prize notification is returned as undeliverable, or if prize winner cannot be located, or if the prize is not collected within ten (10) days after the winner has been notified, the prize will be forfeited and an alternative winner will be selected. The prize will only be awarded and/or delivered to addresses within the United States of America. Ineligible entrants will be disqualified and the prize awarded to alternates. The odds of winning depend on the number of valid entries received.  The winner must have a public account at the time of drawing, so Sponsor can verify that the winner is following @bhamgiveaways and all accounts followed by the @bhamgiveaways.

 

PRIZE:

One (1) winner will receive one giveaway package up to the value of $7,200.00. The odds of winning depend on the number of valid entries received. Only one (1) prize will be awarded during the Promotion. The prize cannot be transferred, redeemed for cash or substituted by winner. Sponsor reserves the right in its sole and absolute discretion to award a substitute prize of equal or greater value if a prize described in these Official Rules is unavailable or cannot be awarded, in whole or in part, for any reason. The awarding of the prize package does not obligate the winner. No costs, fees or other monetary obligation must be satisfied before the entrant/winner is entitled to receive or use the prize package. The approximate verifiable retail price or value of the prize represents Sponsor’s good faith determination, which is final and binding and cannot be appealed. If the actual value of the prize turns out to be less than the stated approximate retail value or price, the difference will not be awarded in cash. Sponsor makes no representation or warranty concerning the appearance, safety or performance of any prize awarded. Restrictions, conditions, and limitations may apply. Sponsor will not replace any lost or stolen prize items. The prize will only be awarded and/or delivered to addresses within the United States of America. By accepting a prize, the participant consents to the use of participant’s name, likeness and/or biographical information for advertising, trade and promotional purposes on behalf of The Summit in any and all media and without further compensation or permission, except where prohibited by law. All federal, state or local taxes, fees, or surcharges associated with the receipt or use of any prize are the sole responsibility of the prize winner. Failure to comply with the Official Rules will result in forfeiture of the prize.

 

PRIVACY:

If an entrant is chosen as a winner, certain of entrant’s personally identifying information may be disclosed to third parties in the announcement of the Promotion winner on Instagram and Facebook and on a winner’s list. All personal information submitted as part of the Promotion may be shared by and between the Promotion Entities, and each of the Promotion Entities may use such information in accordance with their respective independent online privacy policies.

 

 

RELEASE:

By participating in the Promotion, each entrant completely and fully releases and agrees to indemnify and hold harmless the Promotion Entities, Sponsor, Facebook, Inc., the Facebook Platform, Instagram, and their respective affiliates, members, shareholders, officers, directors, agents, employees, attorneys, successors and assigns (collectively, the “Released Parties”) from any and all liability, claim, demand, action, or cause of action of every kind, direct, indirect and consequential, legal, equitable and otherwise, known and unknown, conditional and unconditional (collectively, “Claims”) against any one, or more, or all, of the Released Parties arising out of, in connection with or relating to this Promotion or the entrant’s participation in this Promotion, or resulting from the entrant’s possession, use or misuse of any prize.

 

DISCLAIMERS:

Sponsor is not responsible for any incorrect or inaccurate information, whether caused by website users or by any of the equipment or programming associated with or utilized in the Promotion or by any technical or human error, which may occur in the processing of submissions in the Promotion. Sponsor assumes no responsibility for any misdirected or lost mail, or any error, omission, interruption, deletion, defect, delay of operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Sponsor is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the internet or at any website or combination thereof, including injury or damage to entrant’s or any other person’s computer related to or resulting from participating downloading materials in the Promotion. If, for any reason, the Promotion is not capable of running as planned, including infection by computer virus bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, then Sponsor reserves the right in its sole discretion to cancel, terminate, modify or suspend the Promotion. In such event, Sponsor may, in its sole discretion, perform the random drawing from among all eligible entries received prior to or after such cancellation, suspension, or modification.

 

REGISTRATION DISPUTES:

In the event of a dispute concerning who registered online to participate in the Promotion, the registration will be declared to have been made by the “authorized account holder,” defined as the natural person who is assigned to an email address by an internet provider, online service provider, or other organization (e.g., business, education institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. A potential winner may be requested to provide Sponsor with proof that the potential winner is the authorized account holder of the email address. If a dispute cannot be resolved to Sponsor’s satisfaction, the entry will be deemed ineligible.

 

COPIES OF RULES; NAMES OF WINNERS:

A copy of these Official Rules is available at www.thesummitbirmingham.com and the Guest Services Office of The Summit, 214 Summit Blvd, Suite 150, Birmingham, Alabama 35243. The name of the winner will be available upon request at no charge at the Guest Services Office of The Summit, 214 Summit Blvd, Suite 150, Birmingham, Alabama 35243, within ten (10) days from the date of the Promotion drawing or by mail at no charge within such period by writing to The Summit, c/o Bayer Properties, L.L.C., 214 Summit Blvd, Suite 150, Birmingham, Alabama 35243, Attention:  The Summit Experience Giveaway

 

SPONSOR: This Promotion is sponsored by Bayer Retail Company, L.L.C., Bayer Development Company, L.L.C., Bayer Retail Company II, L.L.C., Bayer Retail Company III, L.L.C., Bayer Retail Company IV, L.L.C., and Bayer Retail Company VI, L.L.C.

 

FACEBOOK AND INSTAGRAM DISCLAIMER:

Entrants are providing their information to the Sponsor and not to Facebook or Instagram. This promotion is in no way sponsored, endorsed or administered by, or associated with Facebook or Instagram.

 

© 2020 Bayer Properties, L.L.C. All rights reserved.