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Kensington Homes – Dream Vacation Giveaway Promotion

THE Dream Vacation Giveaway Promotion IS INTENDED TO BE CONDUCTED IN THE PROVINCE OF MANITOBA ONLY AND SHALL BE CONSTRUED AND EVALUATED ACCORDING TO APPLICABLE CANADIAN LAW. VOID IN WHOLE OR PART WHERE PROHIBITED BY LAW. THIS PROMOTION CONSTITUTES ACCEPTANCE OF THESE PROMOTION RULES (THE “PROMOTION RULES”).

1. ELIGIBILITY. To be eligible for this Promotion, an individual must:

1. Submit an Offer to Purchase to a Kensington Homes Sales Representative for one (1) of the 12 select single family homes below with Kensington Homes between January 1 – 31, 2019.

Qualifying Kensington Homes move-in-ready homes in Winnipeg, Manitoba include:

  • 62 Daylan Marshall Gate, Amber Gates
  • 100 Cherrywood Road, Bridgwater Trails
  • 224 Cherrywood Road, Bridgwater Trails
  • 281 Bonaventure Drive West, Bonavista
  • 36 Thelon Way, Bonavista
  • 35 Crimson Way, Bonavista
  • 506 Castlebury Meadows, Castlebury Meadows
  • 21 John Neufeld Crescent, Devonshire Park
  • 162 Joynson Crescent, Ridgewood West
  • 27 Snowberry Circle, Sage Creek
  • 166 Snowberry Circle, Sage Creek
  • 126 Red Sky Road, Sage Creek

2. PROMOTION PERIOD. The Promotion begins at 12 a.m. Central Standard Time (“CST”) on January 1, 2019 and ends at 11:59 p.m. Central Daylight Time (“CDT”) on January 31, 2019 (the “Promotion Period“) after which time the Promotion will be closed and no further offers that include the Travel Voucher shall be accepted.

3. HOW TO SUBMIT.

(a) To be eligible, you must submit an Offer to Purchase to a Kensington Homes Representative. No offers will be accepted by any other means and conditional sale must be finalized by March 31, 2019.

(b) Limit of one (1) offer per person during the Promotion Period. In the case of multiple offers, only the first eligible offer will be considered.
(c) All offers must be accepted by Kensington Homes. Offers must be received no later than the end of the Promotion Period. Offers will be declared ineligible if they are late and do not result in a finalized sale.

4. TRAVEL VOUCHER DETAILS.

1. There is one (1) travel voucher (the “Voucher”) available to the new home buyer (the “Buyer”) from Bonaventure Travel Inc. 428 Academy Road, Winnipeg, MB.

2. Prize has an value of one five thousand Canadian dollars (CDN $5000.00).

3. Once the Buyer has been successfully contacted and notified and fulfilled the requirements set out herein, Kensington Homes will contact the Buyer to coordinate the Voucher details and an estimated timeline of when the Voucher will be available for redemption.

4. Voucher must be accepted as given and cannot be transferred, assigned, substituted or redeemed for cash, except at the sole discretion of Kensington Homes. Any unused portion of a Voucher will be forfeited and have no cash value. Voucher must be used for travel between January 1, 2019 to March 30, 2020.

5. Kensington Homes shall not assume any liability if the Voucher is lost, damaged or misdirected.

5. BUYER RESPONSE.

1. On or about January 31, 2019, in Winnipeg, Manitoba the Buyer will be NOTIFIED BY EMAIL NO LATER THAN February 5, 2019 AT 5:00 P.M. CDT AND MUST RESPOND WITHIN FIVE (5) BUSINESS DAYS OF NOTIFICATION. Upon notification, the Buyer must respond by email or telephone to the contact email or number provided in the notification, and the Buyer response must be received by Kensington Homes within five (5) business days of such notification. If the Buyer does not respond in accordance with the Promotion Rules, he/she will be disqualified and will not receive the Voucher. Kensington Homes is not responsible for the failure for any reason whatsoever of a selected buyer to receive notification or for Kensington Homes to receive a selected buyer’s response.

7. INDEMNIFICATION BY BUYER. By entering the Promotion, buyer releases and holds Releasees harmless from any and all liability for any injuries, loss or damage of any kind to the buyer or any other person, including personal injury, death, or property damage, resulting in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of the Promotion, participation in the Promotion, any breach of the Promotion Rules, or in any Promotion-related activity. The buyer agrees to fully indemnify Releasees from any and all claims by third parties relating to the Promotion, without limitation.

9. CONDUCT. By participating in the Promotion, each buyer agrees to be bound by the Promotion Rules, which will be posted at the Promotion Website and made available throughout the Promotion Period, including in Kensington Homes show homes. Buyer further agrees to be bound by the decisions of Kensington Homes, which shall be final and binding in all respects. Kensington Homes reserves the right, in their sole discretion, to disqualify any buyer found to be: (a) violating the Promotion Rules; (b) tampering or attempting to tamper with the entry process or the operation of the Promotion and/or the Promotion Website; (c) violating the terms of service, conditions of use and/or general rules or guidelines of any Qualico property or service; and/or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE PROMOTION WEBPAGE OR ANY RELATED WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE COMPANY RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING BUT NOT LIMITED TO CRIMINAL PROSECUTION.

10. PRIVACY / USE OF PERSONAL INFORMATION.
(a) By participating in the Promotion, buyer: (i) grants to Kensington Homes the right to use his/her name, mailing address, telephone number, and e-mail address (“Personal Information”) for the purpose of administering the Promotion, including but not limited to contacting and announcing the Buyer; (ii) grants to Kensington Homes the right to use his/her Personal Information for publicity and promotional purposes relating to the Promotion, in any and all media now known or hereafter devised, without further compensation unless prohibited by law; and (iii) acknowledges that Kensington Homes may disclose his/her Personal Information to third-party agents and service providers of any of Kensington Homes in connection with any of the activities listed in (i) and (ii) above.
(b) Qualico will use the buyer’s Personal Information only for identified purposes, and protect the buyer’s Personal Information in a manner that is consistent with Qualico’s Privacy Policy at: www.qualico.com

11. INTELLECTUAL PROPERTY. All intellectual property, including but not limited to trade-marks, trade names, logos, designs, promotional materials, web pages, source code, drawings, illustrations, slogans and representations are owned by Kensington Homes and/or their affiliates. All rights are reserved. Unauthorized copying or use of any copyrighted material or intellectual property without the express written consent of its owner is strictly prohibited.

12. TERMINATION. Kensington Homes reserves the right, in their sole discretion, to terminate the Promotion, in whole or in part, and/or modify, amend or suspend the Promotion, and/or the Promotion Rules in any way, at any time, for any reason without prior notice.

13. LAW. These are the official Promotion Rules. The Promotion is subject to applicable federal, provincial and municipal laws and regulations. The Promotion Rules are subject to change without notice in order to comply with any applicable federal, provincial and municipal laws or the policy of any other entity having jurisdiction over Kensington Homes. All issues and questions concerning the construction, validity, interpretation and enforceability of the Promotion Rules or the rights and obligations as between the buyer and Kensington Homes in connection with the Promotion shall be governed by and construed in accordance with the laws of the province of Manitoba including procedural provisions without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction’s laws.

14. LANGUAGE DISCREPANCY. In the event of any discrepancy or inconsistency between the terms and conditions of the Promotion Rules and disclosures or other statements contained in any Promotion-related materials, including but not limited to the Promotion entry form, or point of sale, television, print or online advertising, the terms and conditions of the Promotion Rules shall prevail, govern and control.