THE FKH DATE NIGHT CONTEST
OFFICIAL RULES
NO ADDITIONAL PURCHASE NECESSARY TO ENTER OR WIN, ONLY OPEN TO CURRENT FIRSTKEY HOMES, LLC RESIDENTS WITH EFFECTIVE LEASE AGREEMENT ON OR PRIOR TO FEBRUARY 10, 2022. A purchase will not increase your chances of winning. VOID WHERE PROHIBITED. The FirstKey Homes, LLC (“FKH”) Date Night Contest ("Promotional Contest") begins at 12:01:00 AM Eastern Time (“ET”) on February 10, 2022 and ends at 11:59:59 PM ET on February 13, 2022 (“Contest Period”). The FKH Date Night Contest contains a contest of skill (“Contest”). The computer clock of Sponsor is the official time-keeping device in the Promotional Contest.
This Promotional Contest is sponsored by FirstKey Homes, LLC. This Promotional Contest uses © Facebook, Instagram, Twitter and TikTok for submission of entries and awards three (3) $200 VISA© gift cards as the prize. This Promotional Contest is not endorsed or certified by Facebook, Instagram, Twitter, TikTok or VISA©. All Instagram, Facebook, Twitter, VISA© and TikTok logos and trademarks displayed on this Promotional Contest are property of Facebook, Instagram, Twitter, TikTok and VISA. All questions, comments or complaints regarding the Promotional Contest should be directed to Sponsor at the address listed below and not to Facebook, Instagram, Twitter, TikTok and VISA.
This Promotional Contest is not sponsored, endorsed, administered or certified VISA©, or their subsidiary, related, or affiliated companies (collectively, the VISA© entities”). Any questions, comments or complaints regarding the Promotional Contest should be directed to the Sponsor at the address listed below, not any of the VISA© Entities.
1. ELIGIBILITY:
The Promotional Contest is open only to all current and active FirstKey Homes, LLC (“FKH”) residents with an effective lease date on or before of 2/10/2022. Limit one Entry per FKH property, entrants must be 18 years and older at the time of Promotional Contest registration, if multiple residents occupying a property, any dispute regarding VISA© is by and between residents, FKH has no involvement in resolving any resident disputes, VISA Gift Card shall be sent to resident submitting entry per Contest Official Rules. In order to participate, you must have a computer or mobile device with (i) either a data plan or Wi-Fi access and (ii) the Facebook, Instagram, Twitter and TikTok application installed. Employees, officers and directors of the FirstKey Homes, LLC (“FKH”) (the “Sponsor”), and each of their respective parent companies, affiliates, subsidiaries, advertising, and fulfillment and marketing agencies (all together, “Promotional Contest Parties”), their immediate families (parent, child, sibling (and their respective spouses) & spouse, regardless of where they reside) and persons living in the same households as such individuals (whether related or not) are not eligible to participate in the Promotional Contest. By participating in the Promotional Contest, you release, discharge and hold harmless the Promotional Contest Parties, their respective parents, affiliates, subsidiaries, retailers, advertising and Promotional Contest agencies and the respective officers, directors, employees and agents of each of the foregoing, from any and all damages whether direct or indirect, which may be due to or arise out of participation in the Promotional Contest or any portion thereof, or the acceptance, use/misuse or possession of any prize. By participating, you agree to these Official Rules and to the decisions of the judges and Sponsor, which are final and binding in all respects. Void where prohibited by law, rule or regulation. All federal, state and local laws and regulations apply.
2. TIMING:
The Promotional Contest will consist of three (3) phases, as detailed below:
- Contest Entry Period: Begins at or about 12:01:00 AM ET on February 10, 2022 and ends at 11:59:59 PM ET on February 13, 2022.
- Judging Period: Begins at or about 9:00:00 AM ET on February 14, 2022 and ends at 11:59:59 PM ET on February 14, 2021.
- Winner Announcement: The Winners will be announced on or about at or about 12:00:00 PM ET on February 15, 2022.
3. HOW TO ENTER THE PROMOTIONAL CONTEST
There are four (4) ways to enter:
FACEBOOK, INSTAGRAM, TWITTER OR TIKTOK: To participate, log in to your account (must be made public) and post a video showcasing your Date Night photo or video for the chance to win a VISA gift card. For posts that contain more than one (1) photo or video within the singular post, only the first photo or video from that singular post will be considered. For the caption of each posted photo or video, tag @FirstKeyHomes and #FKHDateNight. Collectively the photo or video and associated text are your “Entry”. Photo or Video submissions cannot exceed 500MB or 1 minute in length. Acceptable file formats include: .JPEG, .GIF, .BMP, .TIFF, .PNG,.MP4, .MOV, .WMV, and .AVI. If the user submission is approved by the Sponsor (based on compliance with the “Requirements of Entries” listed below), you will receive one (1) entry into the Contest, and the entry will appear in the public gallery.
Limit of one (1) Contest Entry total per FKH property throughout the Promotional Contest Period.
By submitting an Entry, you hereby grant permission for your Entry to be posted on www.firstkeyhomes.com or other websites and social-media outlets. You agree that Promotional Contest Parties are not responsible for any unauthorized use of Entries by third parties. Promotional Contest Parties do not guarantee the posting of any Entry. You agree that you will not use the Entry for any other purpose, including, without limitation, posting the Entry to any online social networks (other than for entry into this Promotional Contest), without the express consent of Sponsor in each instance.
Entries may not (i) infringe on any person’s or entity’s intellectual property rights, (ii) defame or invade the publicity rights or privacy of any person, living or deceased, or (iii) otherwise infringe upon any person’s personal or proprietary rights.
REQUIREMENTS OF CONTEST ENTRIES: Entries may not contain, as determined by the Sponsor in its sole discretion, any content that:
- Infringes on any person’s or entity’s intellectual property rights, (including, without limitation, music, songs, photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies or other media);
- Includes disparaging remarks about any individuals, organizations, or other entities;
- Is sexually explicit; unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; contains nudity;
- Promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message;
- Is obscene or offensive; endorses any form of hate or hate group;
- Appears to duplicate any other submitted Contest entries;
- Defames, misrepresents or contains disparaging remarks about other people or companies;
- Contains any sensitive personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
- Contains any individual other than you and/or any materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without providing legal releases for such use in a form satisfactory to Sponsor;
- Contains look-alikes of celebrities or other public or private figures, living or dead;
- Communicates messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; and/or
- Violates any law.
By submitting an Entry, you represent and warrant that your Entry is original to you, that the Entry has not been previously published, has not won previous awards and that neither it nor its contents infringes upon or violates the rights of any third party, including any copyrights, trademarks, rights of privacy, publicity or other intellectual property. By submitting an Entry, you represent and warrant that you consent to the submission and use of the Entry in the Contest and to its use as otherwise set forth herein.
By submitting an Entry, you acknowledge and agree that Sponsor may receive other Entries under this Promotional Contest that may be similar or identical to the Entry submitted by you, and you waive any and all claims you may have had, may have, and/or may have in the future, that any other Entry reviewed and/or used by Sponsor may be similar to your Entry, and you understand that you will not be entitled to any compensation because of Sponsor’s use of such other similar or identical material.
4. JUDGING:
Judging begins at or about 9:00:00 AM ET on February 14, 2022 and ends at 11:59:59 AM ET on February 14, 2022. The judging panel, selected by the Sponsor, will score each Entry up to the maximum amount of points allowed. Judging will be based on the following criteria:
- Energy, Passion and Excitement for contest (40%)
- Creativeness and individuality (30%)
- Overall presentation of your photo or video based upon quality. (30%)
Entries that do not contain all required entry information, or are considered inappropriate for any reason, are not eligible. The three (3) Entries with the highest score from the Judges will be deemed the winners. Prize awards are subject to verification of eligibility and compliance with these Official Rules.
5. WINNER NOTIFICATION:
Potential winners will receive notification from @FirstKeyHomes through their Facebook, Instagram, Twitter or TikTok account within one (1) to two (2) days of the winner selection or as soon thereafter as reasonably practicable. If such potential winners cannot be contacted within a reasonable time period, if a potential winner is ineligible, if any notification is returned undeliverable, or if a potential winner otherwise fails to fully comply with these Official Rules and claim their prize within 48 hours of Sponsor sending notification through Facebook, Instagram, Twitter and TikTok, he/she will forfeit and an alternate winner may be chosen at the sole discretion of the Sponsor.
6. PRIZES/PRIZE RESTRICTIONS:
A total of three (3) winners will receive a $200 gift card during the Promotional Contest. Approximate prize value is Two-Hundred Dollars and Zero Cents U.S. currency per winner.
The Sponsor will be responsible, at its cost and expense for the following:
- Mailing the prize to the potential winners by tracking courier service, delivery requiring signature of the potential winner.
*The VISA Entities and Facebook, Instagram, Twitter and TikTok are not affiliated with Sponsor and do not sponsor, endorse, approve or have any responsibility for this Promotional Contest.
7. PRIZE LIMITATIONS:
Limit of one (1) Contest Entry per FKH property. If it is discovered during prize verification you have entered, attempted to enter, or used multiple accounts to enter more than the stated limit, you will be disqualified at the discretion of the Sponsors generated by script, macro or other automated means, or which subvert the entry process, are void. All Entries become the property of Sponsor and will not be acknowledged or returned.
8. OWNERSHIP OF ENTRIES:
By using the #FKHDateNight hashtag to submit an Entry, you agree to be bound by these Official Rules and grant Sponsor a non-exclusive, fully paid-up and royalty-free, worldwide license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate your Entry, including without limitation the right to distribute all or part of your Entry in any media formats through any media channels. By submitting an Entry, you consent to the use, by Sponsor of your name, likeness, and image, in connection with the Promotional Contest and Sponsor’s related marketing activities, in any media or format now known or hereafter invented, in any and all locations, without any payment to or further approval from you. You agree that this consent is perpetual and cannot be revoked, perpetuality consent is void where prohibited, including but not limited to Tennessee. For uses beyond the consent that you grant above, you agree that Sponsor’s use of your personal data will be governed by the Privacy Policy posted on the Sponsor website.
9. GENERAL PRIZE CONDITIONS:
Prizes will only be awarded by Sponsor upon potential winner’s verification of eligibility and final approval by Sponsor.
FirstKey Homes, LLC and Promotional Contest Entities will be released and discharged from any and all legal claims, losses, injuries, demands, damages, actions, and/or causes of actions that arise out of and/or are in any way related to the prize, the receipt, use and/or enjoyment of the prize, any prize-related activity and/or the Promotional Contest.
10. GENERAL:
The winners hereby expressly grants to the Promotional Contest Parties and their respective designees all rights to use and publish his/her name, likeness (photographic or simulated), voice, and province of residence for all purposes, including without limitation, advertising, marketing, promotions and publicity purposes in connection with this Promotional Contest (“Advertising”), in any and all media now or hereafter devised, worldwide in perpetuity, without any form of notice or any amount or kind of compensation or permission, except where prohibited by applicable law including but not limited to Tennessee. All copyright, trademark or other intellectual property rights in such Advertising shall be owned by the FirstKey Homes, LLC (“FKH”) and/or its licensors, and each winning participant hereby disclaims and waives any claim of right to such Advertising. Such Advertising shall be solely under the control of the FKH and/or its licensors, and the winner hereby waives any claim of control over the Advertising content as well as any possible claims of misuse of such winning recipient’s name, likeness or voice, whether under contract, tort or any other theory of law. The Promotional Contest Parties do not assume any responsibility for any disruption in the Promotional Contest, including but not limited to the failure or interruption of any internet service provider. In the event there is a discrepancy or inconsistency between disclosures and other statements contained in any Promotional Contest materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern, and control. In no event will winner be entitled to more prizes than those listed in Paragraph #6 of these Official Rules. All federal, state, and local laws and regulations apply. All decisions as to these Official Rules and interpretations thereof are exclusively within the sole discretion of the Promotional Contest Parties and may be changed from time to time without notice. The Promotional Contest Parties reserve the right to cancel or modify the Promotional Contest at any time without notice. A potential winner may be requested to provide Sponsor with proof that the potential winner is the authorized account holder of the email address associated with the winning Entry and lease agreement with FKH prior to the applicable eligibility requirements. If, in Sponsor’s sole determination, a dispute cannot be resolved, the Entry will be deemed ineligible. Entries generated by a script, macro or other automated means will be disqualified. Entries that are incomplete, garbled, or corrupted are void and will not be accepted.
11. CONDUCT:
By participating in this Promotional Contest, you agree to be bound by these Official Rules and the decisions of the Promotional Contest Parties, which shall be final, binding and non-appealable in all respects. Failure to comply with these Official Rules may result in disqualification. The Promotional Contest Parties reserve the right in their sole discretion to disqualify any individual found to be tampering with the participation process or the operation of the Promotional Contest, or to be acting in any manner deemed by the Promotional Contest Parties to be in violation of the Official Rules, or to be acting in any manner deemed by the Promotional Contest Parties to be unsportsmanlike or disruptive, or with intent to annoy, abuse, threaten or harass any other person and void all associated Entries and/or registrations. CAUTION: ANY ATTEMPT BY A USER, YOU OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTIONAL CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, THE PROMOTIONAL CONTEST PARTIES RESERVE THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
12. LIMITATIONS OF LIABILITY:
The Promotional Contest Parties assume no responsibility or liability for (a) lost, late, stolen, undelivered, inaccurate, incomplete, delayed, misdirected, damaged or garbled registrations, Entries, URLs, or emails; (b) any incorrect or inaccurate Entry information, or for any faulty or failed electronic data transmissions; (c) any unauthorized access to, or theft, destruction or alteration of Entries or registrations at any point in the operation of this Promotional Contest; (d) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, cable, satellites, servers, computers or providers utilized in any aspect of the operation of the Promotional Contest; (e) inaccessibility or unavailability of the Internet or the Web Site or any combination thereof or for computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Promotional Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Promotional Contest, the processing of Entries, social networking posts, or registrations, the announcement of the prizes, or in any other Promotional Contest-related materials; or (f) any injury or damage to participants or to any other person's computer which may be related to or resulting from any attempt to participate in the Promotional Contest, including, but not limited to, any injury or medical condition sustained as a result of participating in any challenge(s). If, for any reason, the Promotional Contest (or any part thereof) is not capable of running as planned for reasons which may include, without limitation, infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotional Contest, then the Promotional Contest Parties reserve the right at their sole discretion to cancel, terminate, modify or suspend the Promotional Contest in whole or in part. If the Promotional Contest is terminated, the Promotional Contest Parties may award the prizes from among all non-suspect, eligible Entries received for the Promotional Contest up to the time of such action.
13. RELEASES:
All participants, as a condition of participation in this Promotional Contest, agree to release, hold harmless and indemnify the Promotional Contest Parties from and against any and all liability, claims, damages, or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained, in whole or in part, directly or indirectly, in connection with (i) participation in any aspect of the Promotional Contest, including any injury or medical condition sustained as a result of participating in any challenge(s), (ii) the receipt, ownership or use of the prize awarded, including any travel associated with any prize, (iii) participant’s registration material on any related website, or (iv) any typographical or other error in these Official Rules.
14. CHOICE OF LAW AND JURISDICTION:
Except where prohibited, all issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of entrants or winner, Sponsor and Promotional Contest Parties in connection with this Promotional Contest, shall be governed by, and construed in accordance with, the laws of the State of Georgia, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Georgia or any other jurisdiction), which might otherwise cause the application of the laws of any jurisdiction other than the State of Georgia. Any action seeking legal or equitable relief arising out of or relating to the Promotional Contest or these Official Rules shall be brought only in the courts of the State of Georgia. You hereby irrevocably consent to the personal jurisdiction of said courts and waive any claim of forum non-convenience or lack of personal jurisdiction you may otherwise have.
15. PRIVACY:
Except as noted in these Official Rules, information collected for this Promotional Contest is used only for the purpose of Promotional Contest administration and winner notification and will not be re-used, sold or shared in any manner by the Promotional Contest Parties or any third parties unless you have elected to receive additional information or Promotional Contest material from Sponsor or a third party. By participating in the Promotional Contest, participant agrees to all of the terms and conditions of the FirstKey Homes, LLC Privacy Policy, which is available at https://www.firstkeyhomes.com/privacy-policy/. In the event of any discrepancy between the FKH Privacy Policy and these Official Rules, these Official Rules shall control and govern.
16. TAX INFORMATION:
All federal, state, local, and other taxes on prizes and any other costs and expenses associated with prize acceptance and use not specified herein as being provided, are the sole responsibility of the applicable winner.
17. WINNER LIST:
To receive the list of winners and prizes, send a written request by February 28, 2022 to: FKH Date Night Contest Winner List Request, c/o Promotional Marketing, 1850 Parkway Plaza, Suite 900, Marietta, GA 30067. Name of winner may also be listed on the Website and Sponsor’s Instagram, Facebook or Twitter page or other social media outlets.
SPONSOR: FirstKey Homes, LLC (“FKH”), 1850 Parkway Plaza, Suite 900, Marietta, GA 30067