This raffle is organized and administered by ShelterZoom Corp., a Delaware Corporation with an office address of 14 Wall Street, 20th Floor, New York, NY 10005, USA. We can be reached by contacting us at +1833-710-9666, or sending a message through our e-mail address info@ShelterZoom.com.
ShelterZoom is a secure online platform that manages all aspects of the offer and acceptance process, using innovative blockchain technology to record every transaction and delivering a new level of transparency, efficiency and trust to home buying and renting. The ShelterZoom customizable widget, mobile application and dashboards give brokers and agents the control to interact with buyers and sellers in a transparent sales environment for a more efficient and paperless transaction.
The Rules and Regulations of the ShelterZoom Tiny House Raffle are set forth below. By participating in the raffle through making an offer in the Offer Now button, the participant agrees to be bound by these rules and regulations. The IRS has taken the position that amounts paid for chances in raffles, lotteries or similar drawings for valuable prizes are not gifts, and consequently do not qualify as deductible charitable contribution.
BY ENTERING THIS RAFFLE, PARTICIPANTS ACCEPT AND AGREE (1) TO BE BOUND BY ALL THE RULES, LIMITATIONS AND RESTRICTIONS SET FORTH HERE AND (2) THAT THEIR NAMES AND/OR LIKENESSES MAY BE DISCLOSED TO AND USED BY THE NEWS MEDIA AND MAY OTHERWISE BE USED BY SHELTERZOOM FOR PUBLICITY PURPOSES AND BE PUBLISHED IN AREA NEWSPAPERS AND ANNOUNCED ON THE SHELTERZOOM WEBSITE, SOCIAL MEDIA PAGES AND NEWSLETTER FOR THE SHELTERZOOM TINY HOUSE RAFFLE. OTHER RULES AND REGULATIONS MAY APPLY. PLEASE CONTACT SHELTERZOOM IF YOU HAVE QUESTIONS. SHELTERZOOM’S INTERPRETATION AND APPLICATION OF THE RULES AND REGULATIONS SHALL BE FINAL. BY ENTERING THIS RAFFLE, EACH PARTICIPANT RELEASES SHELTERZOOM, ITS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM ANY AND ALL LIABILITY FOR INJURIES, LOSSES OR DAMAGES OF ANY KIND CAUSED BY PARTICIPATING IN THE RAFFLE OR WINNING ANY PRIZE OR RESULTING FROM ACCEPTANCE, POSSESSION, USE OR MISUSE OF ANY PRIZE, AND THE WINNER AGREES TO INDEMNIFY AND HOLD SHELTERZOOM, INCLUDING ITS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS OR REPRESENTATIVES HARMLESS FROM ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS AND ACTIONS OF ANY KIND RISING IN CONNECTION WITH OR AS A RESULT OF PARTICIPATING IN THE RAFFLE OR THE WINNER’S ACCEPTANCE OR USE OF ANY PRIZE.
The Tiny House Winner assumes all fees, local, state and federal taxes which must be paid when the House is transferred to the winner. ShelterZoom takes no responsibility for any tax liabilities. In addition the winner will be responsible for all representations or warranties regarding zoning requirements or other government or non-government conditions, restrictions or other limits on the placement or use of the ShelterZoom Tiny House.
1. ENTRY REQUIREMENTS
Participants are automatically entered in this raffle by making an offer using ShelterZoom’s Offer Now button powered by Blockchain. By submitting an offer through the Offer Now button you will be providing on our website your name, address, phone number and other contact details. There are no other options of submitting a raffle entry except as described above. Entry is free, though you may incur fees in connection with the offer you make using the Offer Now button.
One name and one mailing address are permitted per raffle entry. Only one eligible person may be entered in the raffle per offer made. If the name of more than one person is submitted with an offer and that raffle entry is selected as a winning entry, then the person named first will be deemed the holder of record of that ticket and declared the winner.
ShelterZoom reserves the right to reject any offer that violates the terms and conditions set forth under these rules. All defective offer made will be immediately disqualified by ShelterZoom. ShelterZoom assumes no responsibility for lost, late, misdirected or non-delivered mail or fax messages, or any other failure to receive orders or deliver receipts prior to the drawing deadlines.
IN NO EVENT SHALL SHELTERZOOM, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES BE LIABLE TO ANY PARTY FOR ANY LOSS OR INJURIES TO EARNINGS, PROFITS OR GOODWILL, OR FOR ANY INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY PERSON OR ENTITY WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, IN CONNECTION WITH THIS RAFFLE.
Anyone 18 years of age or older and a U.S. resident physically residing in the within the 48 contiguous states area of the United States may enter. ShelterZoom officers, authorized agents and employees thereof, consultants, attorneys, independent accountant firm, and their spouses and children living in the same household are excluded from participating and are not eligible to win a prize. New York laws and regulations apply. An affidavit of eligibility may be required from prize winners.
The prize consists of one cabin kit as it is currently displayed on ShelterZoom's website, or a similar substitute model selected at the sole discretion of ShelterZoom, delivered to a suitable location within the 48 contiguous states area of the United States. The prize will not be delivered in assembled form, and assembly is not included in the prize. Land, taxes, and permits are also not included and are the responsibility of the prize winner.
4. CLOSING DATE
The closing date for the raffle is January 21, 2020at 9:00 pm EST . Offers made after this date will not entitle the offeror to be entered into the draw.
5. SELECTION OF WINNERS
The grand prize drawing will be held on January 22, 2020 at 9:00 pm EST. The winning entry will be selected from all offers received by the closing date. The person named on the offer will be the only person entitled to the prize. Winners need not be present to win. Drawing will be held under the supervision of an independent raffle auditor. Winners will be notified according to the contact information provided to ShelterZoom at the time Offer was made. The winner will be posted in the ShelterZoom website, social media pages and newsletters.
6. CLAIMING OF PRIZE
ShelterZoom shall contact the winner and will be responsible in the transport of the grand prize to the winner. ShelterZoom shall not be responsible for the assembly of the house. ShelterZoom is only responsible for delivering the cabin kit to the raffle winner.
ShelterZoom’s decisions in all matters relating to the Raffle are final and binding. The winner will be contacted by telephone or email. In the event that we cannot contact the winner within 10 working days after the draw, the prize will be awarded to a new winner.
The prize is non-transferable.
8. GENERAL TERMS AND CONDITIONS
The Tiny House is provided “AS IS, WHERE IS, AND WITH ALL FAULTS”. SHELTERZOOM DOES NOT PROVIDE ANY GUARANTEE OR WARRANTY, EXPRESSED OR IMPLIED, IN CONNECTION WITH THE HOUSE AND ACCEPTS NO LIABILITY OR RESPONSIBILITY REGARDING THE CONSTRUCTION OR CONDITION OF THE HOUSE. SHELTERZOOM DOES NOT WARRANT THAT THE HOUSE IS OF MERCANTILE QUALITY OR THAT IT CAN BE USED FOR ANY PARTICULAR PURPOSE. NO EXPRESS WARRANTIES ARE GIVEN AND NO AFFIRMATION OF SHELTERZOOM BY WORDS AND/OR ACTIONS WILL CONSTITUTE
ShelterZoom reserves the right to cancel, suspend and/or modify the Raffle, or any part of it, if any fraud, or other factors beyond the ShelterZoom’s reasonable control impairs the integrity or proper functioning of the Raffle, as determined by ShelterZoom in its sole discretion. In such event, ShelterZoom reserves the right to award the prize at random from among eligible entries received up to the time of the impairment. ShelterZoom reserves the right, in its sole discretion to disqualify any individual, without compensation, it finds to be tampering with the entry process or the operation of the Raffle or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Raffle may be a violation of criminal and civil law, and, should such an attempt be made, ShelterZoom reserves the right to seek damages from any such person to the fullest extent permitted by law. ShelterZoom’s failure to enforce any term of these Rules shall not constitute a waiver of that provision.
YOU AND SHELTERZOOM AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.
Any dispute between you and ShelterZoom and its agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates (collectively for purposes of this section, “ShelterZoom”) arising from or relating to these Terms and their interpretation or the breach, termination or validity thereof, the relationships which result from these Terms, including disputes about the validity, scope or enforceability of this arbitration provision (collectively, “Covered Disputes”) will be settled by binding arbitration administered by the American Arbitration Association (AAA) as follows:
Arbitration shall be conducted under the AAA’s Consumer Arbitration Rules in effect on the date of initiation of arbitration (a “Consumer Arbitration”). If an in-person hearing is required, the parties will attempt to agree on a location reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made as provided in the Consumer Arbitration Rules. If a claim is within the jurisdiction of a small claims court, either party may choose to take the claim to that court instead of arbitration, as set out in the Consumer Arbitration Rules, provided that the matter remains in small claims court and proceeds only on an individual (not as or on behalf of a class, as a representative or as a private attorney general) basis. Additional information about the arbitration process under the AAA’s Consumer Arbitration rules is available at the AAA’s website, https://www.adr.org/consumer. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. For Consumer Arbitrations, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, ShelterZoom will pay as much of the filing or any other fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive for you. If the arbitrator determines the claim(s) you assert in the arbitration are frivolous, you agree to reimburse ShelterZoom for all fees associated with the arbitration that ShelterZoom paid on your behalf, which you otherwise would have been obligated to pay under the AAA’s rules
Prior to initiating any arbitration, the initiating party will give the other party at least 60-days’ advance written notice of its intent to file for arbitration. ShelterZoom will provide such notice by email to your email address on file with ShelterZoom and you must provide such notice by completing the form on the ShelterZoom website http://ShelterZoom.com/contact with “Legal Dispute” appearing in the subject line. During such 60-day notice period, the parties will endeavor to settle amicably by mutual discussions any Covered Disputes. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration.
The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. The arbitrator will not, however, have the power to award punitive or exemplary damages, the right to which each party hereby waives, and the arbitrator will apply applicable law and the provisions of these Terms and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review. ShelterZoom and you agree that any Covered Dispute will be submitted to arbitration on an individual basis only. Neither ShelterZoom nor you are entitled to arbitrate any Covered Dispute as a class, representative or private attorney general action and the arbitrator(s) will have no authority to proceed on a class, representative or private attorney general basis. If any provision of the agreement to arbitrate in this section is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced (but in no case will there be a class, representative or private attorney general arbitration). Regardless of any statute or law to the contrary, notice on any claim arising from or related to these Terms must be made within one (1) year after such claim arose or be forever barred. For purposes of this section, these Terms and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA).