HOUSTON CONTEST RULES:
Eligibility - Entry purchaser must be 21 years or older. All federal, state and local laws and regulations apply. Offer void where prohibited by law. The Executive Committee of the All-Star Miracle Home (the “Executive Committee”) reserves the right to reject any entry registration forms submitted with a check that is refused by a bank for any reason or a credit card number that is incomplete, inaccurate or made on an account that is rejected by the credit card holder’s financial institution. The responsibility for providing adequate funds in connection with the entry registration form is entirely that of the buyer, and all decisions in this area and in general will be made by the Executive Committee. All defective entry registration forms will immediately be disqualified by the Executive Committee, and the individuals and/or entities that submitted the entry forms will be notified as soon as reasonably possible that the entry form has been rejected. The Executive Committee assumes no responsibility for lost, late, misdirected entries and/or online entry registration forms. A confirmation of entry will be sent to you within four weeks of receipt. Entries are non-transferable. Employees and the immediate family of employees of Meritage Homes Corporation (“Meritage Homes”) and its subsidiaries are not eligible to win any prizes.
Drawings - Only 20,000 entries will be sold, with individual entries being sold for $100 each. Two early bird drawings will take place in 2006, with one occurring on September 26, 2006, and one on November 14, 2006. One early bird drawing in 2007 will occur on January 23, 2007 (collectively, the “Early Bird Drawings”). To be eligible for the Early Bird Drawings, your entry form must be purchased and received by the Children’s Miracle Network office no later than 11:59 P.M. on September 22, 2006, November 10, 2006 and January 19, 2007. The All-Star Miracle Home will be given away on February 23, 2007 (the “Home Giveaway”). To be eligible, all entry forms must be received by the Children’s Miracle Network office no later than 11:59 P.M. on February 13, 2007. Four finalists will be selected on February 16, 2007 (the “Final Draw”). Each finalist will receive a prize based on a key that will be assigned on the Final Draw date and announced and awarded at the Home Giveaway. Finalists must be present at the Home Giveaway on February 23, 2007 in order to win unless the Executive Committee waives this requirement, with such waiver being in the absolute discretion of the Executive Committee. The rules for the final draw and Home Giveaway will be established by the Executive Committee. In the event all 20,000 entries are sold before February 16, 2007, the Executive Committee reserves the right to set an earlier date for all draws. The chances of winning will be determined by the number of entries sold. The selection of winning entries is under the supervision of the Executive Committee.
Prizes - The prizes to be awarded at the Early Bird Drawings and their estimated value are listed on the web site. The estimated value of the home disclosed in the brochure and ads as furnished is $500,000.00. The value for the home is based upon the selling price for comparable models in the same or a similar Meritage Homes subdivision. The value of the furnishings, interior decorations and landscaping has been established by the businesses that donated them. There can be no guarantee that the eventual winner will be able to sell the home as furnished for such price, nor can there be any guarantee that the Internal Revenue Service (IRS), or its counterpart in any state’s jurisdiction, will accept the value of any prizes for purposes of determining any income tax due by the winners. All prizes, including the home, will be as delivered. There will be no exchange of, or modifications to, any of the prizes. The Executive Committee is not providing any guarantee or warranty associated with any of the prizes. Any warranties or guarantees, if any, on the home are provided by Meritage Homes and by the donors of the other prizes.
Notification of Winners - All winners will be notified in writing by the Executive Committee of the requisite procedure to claim the prize. The winner of the home shall take title to the home within 60 days of the Home Giveaway. The Executive Committee shall have the discretion of extending this deadline if the winner can demonstrate good cause why he or she is not able to take title within this 60-day period. If a winner is unable to take possession of the home or any other tax, fee, or prize, the winner will be disqualified and another winner will be selected, first from the remaining finalists, and then from remaining entries until such time as the owner of the winning entry is able to meet the requirements set forth herein. Only one name may appear on the entry registration form. This may include a recognized charity.
Taxes, IRS Rules and Expenses - The IRS has taken the position that amounts paid for chances to participate in raffles, lotteries or similar drawings for valuable prizes are not gifts and, therefore, do not qualify as deductible charitable contributions. No prize winners will have the option of accepting a cash equivalent. Prior to and as a condition of each prize, the winner is required to pay, and the Children’s Miracle Network is required to collect as a withholding agent, federal income tax in an amount equal to 25% of the value of the prize less the $100 cost of the entry. In addition, all winners are required to cooperate with the Executive Committee in providing information to prepare all regulatory filings, including but not limited to, IRS Form W-2 G which must be completed and signed by each prize winner at the time that such winner pays Children’s Miracle Network the amount of the tax which Children’s Miracle Network is required to withhold. Copies of IRS Form W-2 G will be provided to each prize winner on or before January 31st of the year following the year the prize was awarded. In addition to federal income tax, each winner agrees to pay applicable sales taxes, title, and license directly to the donor/vendor when claiming the prize. Each winner agrees to pay all other costs associated with accepting and using any prize. Insurance is not included in any prize and is each winner’s responsibility.
Waiver/Limitations of Liability - By purchasing an entry, entrants accept and agree to be bound by all these rules, limitations and restrictions, and by the decisions of the Executive Committee. Entrants further accept and agree that their names and/or likenesses may be disclosed to and used by the media and may otherwise be used by the Executive Committee for publicity purposes. Other rules and regulations may apply. The Executive Committee’s interpretation and application of the rules and regulations shall be final. By entering, entrants release the Executive Committee, Meritage Homes, Children’s Miracle Network, the Clutch City Foundation, the children’s hospital affiliate of Children’s Miracle Network in Houston, Texas and their respective parent companies, affiliates, partners, subsidiaries, agents, representatives, sponsors, service agencies, and independent contractors, and each of their respective directors, officers, employees, and agents from any and all liability caused by or resulting from the use or possession of any prize awarded or caused by or resulting from participation in the raffle or any related promotion.
Use of Proceeds – All proceeds will be used for the charitable purposes of Children’s Miracle Network and more specifically, for the benefit of the children’s hospital affiliate of Children’s Miracle Network in Houston, Texas.
*All-Star Miracle Home ™ is a trademark of Children’s Miracle Network.