Contest Rules

Holiday Retirement

“Freedom Days” Scratch-Off Game

Official Rules

NO PURCHASE OR TOUR PARTICIPATION NECESSARY TO PARTICIPATE OR WIN A PRIZE.  A PURCHASE OR TOUR PARTICIPATION WILL NOT INCREASE YOUR CHANCES OF WINNING.

DATES OF PROMOTION: The Holiday Retirement “Freedom Days Scratch-Off Game” (the “Promotion”) begins on July 1, 2010 and ends on September 30, 2010 (the “Promotion Period”), subject to the hours of operation at each participating Holiday Retirement Community (each, a “Community”).  Game pieces (each, a “Game Piece”) will be available during the Promotion Period, or while Game Piece supplies last.  Communities are located in select states and provinces. Visit www.holidayfreedomdays.com (the “Website”) and select “Find a Community” for a list of participating Community locations, hours of operation and Community contact information.

ELIGIBILITY: The Promotion is open only to legal residents of the fifty (50) United States, the District of Columbia, and Canada (excluding the province of Quebec), who are at least fifty five (55) years of age or older at time of entry (the “Participant”).  Persons who currently reside in, or have previously resided in, a participating Community prior to July 1, 2010, are not eligible to participate in the Promotion or win a prize. The U.S. resident Participants who are potential grand prize winners (each, a “Grand Prize Winner”) and potential first prize winners (each, a “First Prize Winner”) must have a unique, personal and valid social security number for Sponsor to report the tax liability associated with acceptance of the respective Prize.  Valid social security numbers will be determined by IRS requirements as further defined in the “Prize Claims” section of these Official Rules.  Each potential Grand Prize Winner and First Prize Winner will also be required to sign a Holiday Retirement Community rental agreement (the “Lease”), on or prior to November 15, 2010 in order to claim the respective Prize. Officers, directors, managers and employees (including immediate family members (spouse, parent, child, sibling and their respective spouses, regardless of where they reside) and members of the same household, whether or not related) of Harvest Facility Holdings GP, LLC (the “Sponsor”), and each of its respective parents subsidiaries, affiliates and related companies, licensees, distributors, retailers, dealers, printers, advertising and promotion agencies, consultants and agents, and any others engaged in the development, production, execution or distribution of this Promotion, including the National Sweepstakes Company (the “Independent Administrator”), are not eligible to participate or win a Prize. Promotion is subject to all federal, state and local laws and regulations and the applicable laws of Canada (excluding the province of Quebec)  Promotion is void in the province of Quebec, outside the fifty (50) United States and the District of Columbia and where ever else restricted or prohibited by law. Persons who have previously won a contest, sweepstakes or promotion of any kind sponsored or otherwise associated with Sponsor within the thirty (30) calendar days immediately preceding the start of this Promotion are ineligible to participate or win a Prize.  By entering this Promotion, you indicate your full and unconditional agreement to, and acceptance of, these Official Rules and the decisions of the Sponsor, which are final and binding in all respects.  Winning a Prize is contingent upon fulfilling all requirements set forth herein.
HOW TO PARTICIPATE: There are two (2) ways to obtain a Game Piece.  Regardless of the method used to obtain a Game Piece, there is a limit of one (1) Game Piece per person during the Promotion Period, while supplies last. Any attempt by any Participant to obtain more than the stated number of Game Pieces will void that Participant’s plays and that Participant may be disqualified from the Promotion.

1. COMMUNITY TOUR: Visit any participating Community located in the United States or Canada (excluding the province of Quebec) between July 1, 2010 and September 30, 2010 and take a thirty (30) minute tour of the Community (the “Tour”), to receive one (1) Game Piece, while supplies last. Note: Appointments are not required in order to take a Tour. Participants may choose to either schedule a Tour by contacting the participating Community’s Community Manager directly; or Participants may choose to take a Tour without scheduling an appointment by visiting a participating Community between the hours of 8:00 a.m. and 7:00 p.m. on any day during the Promotion Period.

2. BY MAIL: To obtain a Game Piece without taking a Tour, send a self-addressed, postage-stamped business-size envelope to:  “Freedom Days Free Game Piece Request” 693 East Avenue, Rochester, NY 14607.  Mail-in requests must be postmarked by September 30, 2010 and received by October 8, 2010.  Canadian residents may omit return postage.  Limit of one (1) Game Piece request per envelope per Participant during the Promotion Period, while supplies last.  No copies or reproductions of Game Piece requests will be honored.  Sponsor and / or Independent Administrator are not responsible for lost, late, incomplete, incorrect, damaged, misdirected, illegible, or postage due (US Residents only) Game Piece requests or claims.

TO PLAY: Completely remove the scratch-off material from the scratch-off area found upon the Game Piece. If a “You’ve won* 5 years of free rent” winning message is revealed, you have won the grand prize (the “Grand Prize”), subject to verification and compliance with these Official Rules. If a “You’ve won* 1 year of free rent” winning message is revealed, you have won the first prize (the “First Prize”), subject to verification and compliance with these Official Rules.  If a “Sorry, this is not a winning card” message is revealed, you have not won a Prize in the Promotion. See the “Prize Claim” section of these Official Rules for instructions on claiming a Prize.

PRIZES / ODDS:

Grand Prizes: Two (2) Grand Prizes are available consisting of free rent and fees (“Rent and Fees”, as further defined below) for the Grand Prize Winner (and his/her eligible spouse/roommate if applicable) at any participating Holiday Retirement Community located in the United States or Canada (excluding the province of Quebec) until one (1) of the following occurs; (a) the amount of Rent and Fees reaches US $150,000.00/CDN $156,028.20; (b) the Grand Prize Winner (and his/her eligible spouse/roommate if applicable) resides at the Holiday Retirement Community for a maximum of sixty (60) months; or (c) the Grand Prize Winner (and his/her eligible spouse/roommate if applicable) no longer resides at the Holiday Retirement Community.  The maximum approximate retail value (the “ARV”) of each Grand Prize is US $150,000.00./CDN $156,028.20.  Each Grand Prize is equivalent to Rent and Fees only. Grand Prize will not exceed US $150,000.00/CDN $156,028.20. Each Grand Prize Winner shall be solely responsible for the value of any Rent and Fees that exceeds the maximum ARV of US $150,000.00/CDN $156,028.20 in accordance with the Lease, along with any other expenses not explicitly stated in these Official Rules as part of the Grand Prize (as further defined below). The total maximum ARV of all Grand Prizes available is US $300,000.00/CDN $312,087.28.  Odds of winning a Grand Prize are 1:31,000.

First Prizes: Twenty (20) First Prizes are available consisting of free rent and fees (“Rent and Fees”, as further defined below) for the First Prize Winner (and his/her eligible spouse/roommate if applicable) at any participating Holiday Retirement Community located in the United States or Canada (excluding the province of Quebec) until one (1) of the following occurs; (a) the amount of Rent and Fees reaches US $30,000.00/CDN $31,208.19; (b) the First Prize Winner (and his/her eligible spouse/roommate if applicable) resides at the Holiday Retirement Community for a maximum of twelve (12) months; or (c) the First Prize Winner (and his/her eligible spouse/roommate if applicable) no longer resides at the Holiday Retirement Community.  The maximum ARV of each First Prize is US $30,000.00/CDN $31,208.19.  Each First Prize is equivalent to Rent and Fees only. First Prize will not exceed US $30,000.00/CDN $31,208.19. Each First Prize Winner shall be solely responsible for the value of any Rent and Fees that exceeds the maximum ARV of US $30,000.00/CDN $31,208.19 in accordance with the Lease,  along with any other expenses not explicitly stated in these Official Rules as a part of the First Prize (as further defined below).  The total maximum ARV of all First Prizes available is US $600,000.00/CDN $624,138.35.  Odds of winning a First Prize are 1:3,100.

Each Grand Prize Winner and First Prize Winner may request the participating Community in which they wish to sign the Lease and reside.  However, the signing of a Lease and residency at a participating Community is subject to availability at the respective Community.  Rent and Fees shall include all of the following; (a) the value of monthly rent equivalent to the apartment unit in which the Prize Winner resides; and (b) Water, Electric, Gas, Sewer, and Cable utilities.  Rent and Fees does not include Telephone service or Internet, which will be the sole responsibility of the respective Prize Winner.  All expenses of a personal nature, including but not limited to, furnishings, decorations, appliances (other than refrigerator, self cleaning oven, dishwasher, and microwave, which are included in the apartment), all costs of moving into the apartment (including any security deposit to cover possible damage to apartment from move-in, and any in state/country, or out of state/country moving expenses), and any other personal expense will be the sole responsibility of each Prize Winner.  Each Prize Winner will be required to sign a Lease which will govern all terms of his/her tenancy with the sole exception of Rent and Fees until the maximum ARV or the maximum monthly term of the respective Prize has been met.  The Lease must also be signed by any other occupant (55 years of age or older) who will be living in the apartment during the term of the Lease.  Such other occupant is subject to approval by Sponsor which may be withheld in its sole discretion, in accordance with applicable law.  Each Prize Winner must be available to sign the Lease on or prior to November 15, 2010 or prize will be forfeited, without compensation of any kind.  If, after acceptance of the prize, the respective Prize Winner violates the terms of the Lease, as determined by Sponsor in its sole discretion, Sponsor may take any and all available legal sanctions against such Prize Winner as if he/she were any other tenant of the Community.  Should Sponsor pursue such legal sanctions, Sponsor will deem the prize forfeited by the Prize Winner, without obligation to him/her and Prize Winner will be responsible for any and all other damages assessed by Sponsor. In the event a Prize Winner no longer resides in a Community for any reason before the maximum ARV or the maximum monthly term of the respective Prize has been met, any remaining value of the Prize shall be forfeited and will not be awarded to such Prize Winner.  Such remaining value may not be transferred or assigned, and is not transferable upon death as part of a domestic relations matter, or otherwise by operation of law, except as indicated in the Lease. In the event a Prize Winner signed a lease and moved into a Community after July 1, 2010 (the start of the Promotion), but prior to the validation of a winning Game Piece such Prize Winner received in accordance with these Official Rules, the value of the Prize (consisting of Rent and Fees) will be applied as of the date in which the Prize Winner is verified, and then to any remaining months up to the maximum ARV or maximum monthly term of the respective Prize, not to exceed US $150,000.00/CDN $$156,028.20 (for Grand Prize Winners) or US $30,000.00/CDN $31,208.19 (for First Prize Winners).  No cash or other prize substitution may be made, except by Sponsor, as determined in its sole discretion, who reserves the right to substitute a Prize with any other Prize of equal or greater value if the Prize is not available for any reason.  Prizes are not transferable prior to award.  For US Residents, all Prizes are taxable as income and each individual deemed as the Prize Winner is solely responsible for any taxes on the respective Prize, including, but not limited to, all applicable federal, state and local taxes.

Total number of game pieces to be produced is 62,000.

The total maximum ARV of all prizes available is US $900,000.00/CDN $936,793.60.  Winning Game Pieces are randomly seeded throughout the 62,000 total Game Pieces distributed during the Promotion Period.  See “Prize Claims” section for redemption information.   If due to printing, production or other errors, more prizes are claimed than intended, the intended prizes will be awarded in a random drawing from among all those submitting purportedly valid claims.  No more than the number of prizes set forth in these official rules will be awarded.  Any unclaimed prizes will not be awarded.

PRIZE CLAIMS: All Prize claims are subject to verification by the Sponsor, whose decisions are final and binding in all respects.  YOU ARE NOT A WINNER OF ANY PRIZE, EVEN IF THE GAME PIECE SHOULD SO INDICATE, UNLESS AND UNTIL YOUR ELIGIBILITY AND THE POTENTIAL WINNING GAME PIECE HAS BEEN VERIFIED BY THE SPONSOR. Except where prohibited, all potential Prize Winners will be required to complete the following documents in order to receive a Prize (collectively, the “Required Documents”): (a) an affidavit/declaration of eligibility/liability/publicity release form (the “Release”); (b) a Lease, and other necessary Addendum documents attached to the Lease; and (c) an IRS Form W-9 (US Residents only) or CRA Form W8BEN (Canadian Residents only).  If a potential Prize Winner is a resident of Canada, he/she will also be required to correctly answer a mathematical skill testing question, unaided (by electronic or mechanical or otherwise) in order to receive a Prize. For US residents, each potential Grand Prize Winner and First Prize Winner must report income to the Internal Revenue Service.  In the event it is deemed during the verification process that a potential Grand Prize Winner or potential First Prize Winner does not have a unique, personal and valid social security number for Sponsor to report the tax liability associated with acceptance of the Prize, such Prize Winner will be disqualified and no alternate Prize Winner will be selected.  Valid social security numbers will be determined by IRS requirements.

There are two (2) ways to claim Prizes:

1. In Person: To claim your Prize in person, bring the potential winning Game Piece to any participating Community by October 22, 2010, between the hours of 8:00 a.m. and 7:00 p.m., Monday through Sunday, and present your potential winning Game Piece to a Community Manager for verification and execution of the Required Documents;

2. By Mail: To claim your Prize by mail, begin by making a photocopy of the potential winning Game Piece for your files. Original potential winning Game Pieces should be sent by track-able delivery service, certified or registered mail return receipt requested if desired by potential Prize Winner.  Then, on a 3” x 5” index card, legibly hand print or type your first name, last name, address, city/province, state/territory, zip/postal code, daytime phone number (including area code), date of birth and email address (if available), and mail the original potential winning Game Piece and 3” x 5” index card to:  “Freedom Days Prize Claim”, 2250 McGilchrist Street, SE, Salem, OR 97302. No copies or mechanical reproductions will be accepted.  Prize claims must be postmarked by October 22, 2010, and received by October 29, 2008.  Upon receipt and validation of a winning Game Piece by mail, the Sponsor will immediately return to the potential Prize winner by registered mail, the Required Documents, which must be signed and returned to Sponsor within seven (7) days of receipt, in order to claim Prize.

If a potential Prize Winner fails to sign and return the Required Documents within the required time period; if it is determined by the Sponsor at any time that a potential winning ticket is not valid; or it is determined by the Sponsor in their sole discretion that a potential Prize Winner is not eligible in accordance with these Official Rules, the potential Prize Winner forfeits his/her right to the respective Prize without compensation of any kind, may cancel the Lease at their sole choosing, and no alternate winner will be selected.  Each potential Prize Winner consent (and agrees to sign any additional documents required by Sponsor to formalize, effect or perfect such consent) to Sponsor’s use of his/her name, likeness (photograph and/or video), biographical information, and voices in advertsing/publicity/trade (including local and/or national television stations, or print publications that may be covering any element of the Promotion), without compensation, notice or approval; and each Prize Winner disclaimers any ownership rights in the content of such advertising/publicity/trade material (TN Residents will not be required to sign a publicity release as a condition of winning a prize). Return of any Prize notification (inclusive of Required Documents) as “undeliverable” will result in forfeiture of the Prize, without compensation of any kind, and no alternate winner will be selected.

All Prize claims will be verified by November 1, 2010.  All Official Game Pieces submitted for verification become the sole property of the Sponsor and will not be returned.  Sponsor will not confirm receipt of Prize claims or report status of prizes.  Sponsor will not accept other evidence of a winning Game Piece, in lieu of the Prize claim and validation process listed above. Any Game Piece that is mutilated, altered, copied, forged, water damaged, manipulated or tampered with in any way, or that contains any computer programming, printing, mechanical or typographical errors, will be considered void and will not be eligible for Prize redemption.

GENERAL CONDITIONS: Should any portion of the Promotion be, in Sponsor’s  sole discretion, compromised by non-authorized human intervention or other causes which, in the sole discretion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of potential winning Game Pieces, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Promotion, and conduct the Promotion in a manner which in its sole discretion is fair, appropriate and consistent with these Official Rules.  Notice of such action by Sponsor will be posted on the Website   In such event, Sponsor reserves the right to limit Participants to those who submitted potential winning Game Pieces via the Prize Claim process prior to the action taken, and conduct a random drawing from those Participants for which only the advertised number of prizes in the category will be selected..  Sponsor reserves the right in their sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Sponsor reserves the right to disqualify or reject any incomplete, inaccurate or false Prize Claim or Game Piece Request.  ANY ATTEMPT BY ANY PERSON TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. SPONSOR’S FAILURE TO ENFORCE ANY TERM OF THESE OFFICIAL RULES SHALL NOT CONSTITUTE A WAIVER OF THESE PROVISIONS. This Promotion is subject to all federal, state and local regulations and in the case of Canadian Participants, shall be governed by and construed in accordance with the applicable laws of Canada (excluding Quebec), without regard to conflict of laws provisions.  By participating, Canadian Participants consent to the jurisdiction of the courts of Toronto, Ontario as well as legal proceedings in those courts.

RELEASE: By participating in this Promotion, Participants agree to release and hold harmless Sponsor and each of its parent companies, respective officers, directors, managers, employees, subsidiaries, affiliated entities, agents, members, shareholders, insurers, servants, guests, divisions, predecessors, successors, representatives, assigns, attorneys, dealers, distributors, advertising, promotion, and fulfillment agencies, including the Independent Administrator, (collectively, the “Released Parties”) from and against any claim or cause of action arising out of participation in the Promotion or receipt, redemption or use of any Prize.

LIMITATIONS OF LIABILITY: The Released Parties do not have any responsibility or liability whatsoever for; (a) unauthorized human intervention in any part of the entry process, or Prize claim process; (b) electronic or human error which may occur in the administration of the Promotion or the processing of prize claims; (c) any property loss, damage, personal injury, or death, in connection with the prizes provided pursuant to this Promotion and/or any person’s participating in the Promotion, (d) any printing, typographical, distribution or production errors in any Promotion-related materials and Sponsor may rescind, cancel or revoke this Promotion based upon any printing, distribution, production or other error without liability at its sole discretion; or (e) stolen, lost, late, misdirected, corrupted, incomplete, damaged or postage due free Game Piece requests or Prize claims.  All Promotion materials and Game Pieces are subject to verification and are void if; (a) not obtained in accordance with these Official Rules and through legitimate channels; (b) any part is counterfeited, altered, copied, hand printed, forged, water damaged, manipulated, defective, damaged, illegible, reproduced, tampered with, mutilated or irregular in any way; or (c) are obtained where prohibited.  Game Pieces that contain any printing, mechanical or typographical errors, will be considered null and void and will not be eligible for Prize redemption.  Sponsor’s liability for defective Promotion materials and Game Pieces is limited to replacement while supplies last.  Participants assume all risk of loss, damage, destruction, delay or misdirection of Promotion materials, Game Pieces and mail submitted to Sponsor and/or Independent Administrator.

WINNER’S LIST/RULES REQUEST: For the name of the Grand Prize Winners and First Prize Winners or a copy of these Official Rules, please submit a self-addressed, stamped envelope by December 31, 2010 to “Freedom Days Scratch Off Game” (please specific “Winner’s List” or “Rules Request”), PO Box 10505, Rochester, NY 14610.  Canadian residents may omit return postage.  A copy of these Official Rules may also be obtained on the Website or at any participating Community during the Promotion Period.

SPONSOR: Harvest Facility Holdings GP, LLC, 2250 McGilchrist Street SE, Salem, OR 97302.  This Promotion shall not be published without the written permission of the Sponsor.

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