Original Posted Date: September 30, 2018
Updated: September 30, 2018
NO PURCHASE IS NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT IMPROVE ENTRANT’S ODDS OF WINNING. SUBJECT TO ALL FEDERAL, STATE, LOCAL LAWS, REGULATIONS, AND ORDINANCES.
VivaEscrow.com (“Sponsor”) gives away one FREE escrow transaction (“Giveaway”). Entrance for the Giveaway begins at 12:01 AM Pacific Daylight Time (“PDT”) the first day of the announcement and continues until the winner is announced on the selected day which is updated monthly and listed here https://www.VivaEscrow.com/winners/. (“Giveaway Period”).
1. ELIGIBILITY: The Giveaway is open to legal residents of the United States and the District of Columbia (except where prohibited or restricted by law or regulation), who are the legal age of majority in their jurisdiction of residence as of the date and time of entry. Employees and directors of Sponsor or any of their parent companies (or subsidiaries thereof), affiliates, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment, and marketing agencies, and members of their immediate families (spouses, parents, children, siblings and their spouses, regardless of where they live) and those living in the same household are not eligible to enter. Participation in the Giveaway constitutes the participant’s full and unconditional agreement to these Giveaway rules (“the Official Rules”) and to Sponsor’s decisions, which are final and binding in all matters related to the Giveaway. Sponsor reserves the right to verify the eligibility of participants. Any entry shall be rendered void if in contravention of these the Official Rules or where prohibited or restricted by law.
2. TO ENTER: For a chance to win, participants may enter the Giveaway during the Giveaway Period by filling out completely and accurately an online entry form at www.VivaEscrow.com (the “Website”). Participation is LIMITED TO ONE (1) ENTRY PER PERSON PER GIVEAWAY PERIOD. In the event more than one (1) entry is received from any one (1) person during the giveaway period the first entry processed will be considered the only valid entry received. In the event of a dispute regarding an entry, entries will be deemed made by the authorized account holder of the e-mail address submitted at the time of entry. The authorized account holder is the natural person who is assigned to the email address by an internet access provider or other organization that is responsible for assigning email addresses or the domain associated with the submitted e-mail address. Received entries become the property of Sponsor and will not be returned.
3. SELECTION AND NOTIFICATION OF WINNERS/ODDS: Sponsor will select one (1) entry using a random drawing method from the pool of all eligible entries received up until the end of the Giveaway Period and will exclude any entries from participants who have won in a previous Giveaway. The drawing time and date is located on this page https://www.VivaEscrow.com/free. Odds of being selected are based on the total number of eligible entries received up until the date and time of the drawing. Each drawing shall be open to the public and conducted at 136 W. Walnut Ave, Monrovia, CA 91016. Participants do not need to be present to win. Limit one Prize per person/household address.
A representative of Sponsor shall notify the person named on the entry form selected in the drawing (“Potential Winner”) by e-mail and/or Facebook Message within seven (7) days after the drawing.
If a Potential Winner: (a) does not respond after the third attempted contact from Sponsor within 24 hours, (b) has provided an invalid or undeliverable email address or Facebook Message account, (c) is not in compliance with these Official Rules, (d) is disqualified, or does not meet the eligibility requirements, (e) declines the Prize, or (f) refuses or fails to comply with the acceptance criteria detailed below in Section 4, the Prize will be forfeited, and an alternate entry may be selected at random from the remaining eligible entries received. Sponsor will conduct up to two alternate drawings for the Prize, time permitting.
A Potential Winner who satisfies the requirements set forth herein shall be the official winner (“Winner”).
4. ACCEPTANCE CRITERIA: Upon receiving notification from the Sponsor as provided in Section 3, participant must consent to each of the following acceptance criteria:
1. Provide a current photograph of the participant via e-mail in the jpeg format;
2. Within ten (10) days of notification, sign and return an Affidavit of Eligibility and Liability & Publicity Release (where permitted by law) (as detailed in the heading “Release and Limitations of Liability”);
3. Provide a scan or photograph of the participant’s legal identification; and
4. Sponsor further requests that the participant provide feedback upon request by Sponsor about his or her Escrow experience.
5. THE PRIZES:
1. PRIZE: One (1) Winner will receive one free escrow transaction, up to a maximum of $1,500.00, based on the standard Sponsor calculation for the ESCROW LIABILITY FEE ONLY (“Prize”). WINNER must enter into Escrow within six (6) months of the date the Prize was awarded. The Prize does not include other standard escrow closing costs or fees that may be charged by Sponsor, including, but not limited to, fees like document preparation fees, messenger fees, notary fees, demand fees.
2. PRIZE VALUE: The Prize is currently valued between $700.00 and $1,500.00 depending on the type of Escrow and amount of sale price. Escrow Liability fees are calculated based on the sales price of the property. Any escrow liability fee calculation that is in excess of the maximum $1,500 Prize amount shall be paid by the Winner as a part of his regular closing costs.
6. PRIZE RESTRICTIONS: The Prize is restricted to the types of escrow transactions that Sponsor handles: TRANSACTIONS IN CALIFORNIA ONLY, RESIDENTIAL/COMMERCIAL SALE ESCROWS, RESIDENTIAL/COMMERCIAL REFINANCE ESCROWS, BULK SALE (BUSINESS OPPORTUNITY) TRANSACTION ESCROWS, MOBILE HOME ESCROWS.
Sponsor reserves the right to offer only the stated number of Prizes by random drawing among all legitimate, un-awarded, eligible claims. Sponsor reserves the right to substitute any Prize with Prize of equal or greater value in its sole discretion. No more than one (1) Prize will be offered to a participant and only one (1) Prize will be offered per household. Winners will be removed from any further drawings and will not be eligible to receive any further Prizes. Prizes cannot be used in conjunction with any other promotion or offer.
Within the time period designated of SIX (6) months, the Prize can be assigned or transferred to another party to be used in their new or ongoing escrow transaction.
Prizes cannot be substituted or redeemed for cash by Winner. Prizes are awarded “AS IS.”
TO THE EXTENT PERMITTED BY LAW, SPONSOR SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, LEGAL IMPLICATIONS OR OTHER DAMAGES OR EXPENSES RESULTING FROM ANY ASPECT OF MONTHLY PRIZE WINNER’S ACCEPTANCE OR USE OF THE MONTHLY PRIZE.
All Prize details are at Sponsor’s sole discretion.
7. GENERAL CONDITIONS: Sponsor, and its affiliated companies, may contact participants for marketing purposes by e-mail, landline telephone using an automatic dialer (for which express written consent is provided at the time of entry) or post regarding publications and information relating to its products, offers and services. Participants consent to be contacted in such manner by entering to win. No purchase of any good or service is necessary or required to enter or win. Purchase of any good or service marketed to a participant will not increase the likelihood of winning. Participants may withdraw consent at any time by sending a written email request to this effect to the address below:
Subject: OPT OUT
All participants will conduct themselves in a decorous manner at all times during their participation in the Giveaway. Sponsor reserves the right to disqualify any participant if such participant has engaged in, or during the Giveaway engages in, any act which, in Sponsor’s sole judgment, involves moral turpitude or which brings Sponsor or participant into public disrepute, contempt, scandal or ridicule, or which damages, denigrates or injures the reputation or success of Sponsor or its products or services.
Sponsor reserves the right to cancel or modify the Giveaway or any portion of it for any reason, including but not limited to, if fraud, misconduct or technical failures destroy the integrity of the Giveaway; or if a computer virus, bug, wireless failure, or other technical problem corrupts the administration, security, or proper administration of the Giveaway as determined by Sponsor, in its sole discretion. If Sponsor terminates the Giveaway, Sponsor will select the entry(ies) in a random drawing from among all eligible, non-suspect entries received as of the termination date and will post notice of its action on the Giveaway website. Sponsor reserves the right to disqualify, freeze or prohibit the participation of an individual if fraud or tampering is suspected, or if the individual fails to comply with any requirement of participation or with any provision in these Official Rules. Sponsor reserves the right to disqualify any individual from further participation in the Giveaway if Sponsor concludes, in its sole discretion, that such person: (a) has attempted to tamper with the entry process or other operation of the Giveaway; (b) has disregarded or has attempted to circumvent these Official Rules; (c) has committed fraud or attempted to undermine the legitimate operation of the Giveaway; or (d) has acted toward Sponsor, any Sponsor Affiliates, or any other entrant in an unfair, inequitable, annoying, threatening, disrupting or harassing manner. If a dispute arises regarding compliance with these Official Rules, Sponsor may consider, in its sole discretion, data reasonably available to Sponsor through information technology systems in Sponsor’s control, but Sponsor will not be obligated to consider any data or other information collected from any other source. Any failure by Sponsor to enforce any of these Official Rules will not constitute a waiver of such Official Rules. If there is a conflict between any term of the Official Rules and any marketing or entry materials used in connection with the Giveaway, the terms of these Official Rules will govern.
WARNING: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS GIVEAWAY OR UNDERMINE THE LEGITIMATE OPERATION OF THE GIVEAWAY IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
8. FACEBOOK – STATEMENT OF RELEASE
This promotion is in no way sponsored, endorsed or administered by, or associated with Facebook. You understand that you are providing your information to the owner of the Sponsor’s Facebook page and NOT to Facebook.
9. INSTAGRAM – STATEMENT OF RELEASE
This promotion is in no way sponsored, endorsed or administered by, or associated with Instagram. You understand that you are providing your information to the owner of the Sponsor’s Instagram page and NOT to Instagram.
10. LINKEDIN – STATEMENT OF RELEASE
This promotion is in no way sponsored, endorsed or administered by, or associated with LinkedIn. You understand that you are providing your information to the owner of the Sponsor’s LinkedIn page and NOT to LinkedIn.
11. YOUTUBE – STATEMENT OF RELEASE
This promotion is in no way sponsored, endorsed or administered by, or associated with YouTube. You understand that you are providing your information to the owner of the Sponsor’s YouTube channel and NOT to YouTube.
12. PINTEREST – STATEMENT OF RELEASE
This promotion is in no way sponsored, endorsed or administered by, or associated with Pinterest. You understand that you are providing your information to the owner of the Sponsor’s Pinterest page and NOT to Pinterest.
13. RELEASE AND LIMITATIONS OF LIABILITY: By participating in this Giveaway, participants agree that Sponsor and their shareholders, affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, and their respective officers, directors, employees, representatives and agents (the “Released Parties”) are not responsible for:
1. any incorrect or inaccurate information, whether caused by participants, printing errors or by any of the equipment or programming associated with or utilized in the Giveaway;
2. technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software;
3. unauthorized human intervention in any part of the entry process or the Giveaway;
4. technical or human error which may occur in the administration of the Giveaway or the processing of entries; or
5. to the extent permitted by law, any injury, loss or damage of any kind to persons, including personal injury or death or property which may be caused, directly or indirectly, in whole or in part, from participant’s participation in the Giveaway, downloading any materials, acceptance, possession or receipt or use or misuse of any Prize.
To the extent permitted by law, by participating in this Giveaway, participants agree that the Released Parties will have no liability whatsoever for, and shall be held harmless by participants against any claims based on publicity rights, defamation or invasion of privacy.
14. PUBLICITY GRANT: Except where prohibited by law, Winner grants to Sponsor (which grant will be confirmed in writing on request of Sponsor), its parent company and any subsidiary thereof, affiliates, retailers, distributors, advertising and promotion agencies, suppliers, and those acting pursuant to its authority, the right and permission to print, publish, broadcast, and use, worldwide in any media now known or hereafter developed, including but not limited to the world wide web, at any time or times, the Winner’s name, portrait, picture, city/town of residence, voice, likeness, opinions and biographical information for advertising, trade, and promotional purposes (including the announcement of his or her name on television or radio broadcast) without additional consideration, compensation, permission, or notification.
15. DISPUTES: To the extent permitted by law, participant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Giveaway or any Prize awarded shall be resolved individually, without resort to any form of class action, and exclusively in the State and/or Federal Courts of the State of California; (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Giveaway, but in no event attorneys’ fees; (3) under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages (other than for actual out-of-pocket expenses), any and all rights to have damages multiplied or otherwise increased.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the participant and Sponsor in connection with the Giveaway shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of laws rules of any other jurisdiction, which would cause the application of the laws of any jurisdiction other than the State of California.
17. OFFICIAL RULES AND WINNER’S LIST: For a copy of the Official Rules and the Winners’ names and city of residence [available for ninety (90) days after Winner selection], visit https://www.VivaEscrow.com/rules/ or https://www.VivaEscrow.com/winners/ You can also access the rules and winners information by sending an email request to admin@VivaEscrow.com
18. MISCELLANEOUS: Any names and addresses acquired during the course of this Giveaway will be used for the purpose of soliciting additional services unless the participant opts out as provided under Paragraph 7.
This Giveaway is neither an offer to sell nor a solicitation to residents in jurisdictions in which registration requirements have not been fulfilled, and your eligibility will depend upon the state of residency of the participant.
THIS ADVERTISEMENT IS BEING USED FOR THE PURPOSE OF SOLICITING PRODUCTS AND SERVICES IN THE UNITED STATES.