Morgan Properties and its affiliated residential rental communities (collectively “Morgan Properties”) sponsor a variety of contests and promotions (each, a “Promotion”). A Promotion may incorporate these Standard Terms and Conditions (“Standard Terms”) into its official rules and/or terms and conditions by referencing these Standard Terms in the Promotion’s Official Rules, Terms and Conditions, or other instructional materials (collectively, “Promotion Terms”). Unless otherwise noted, all capitalized terms used in these Standard Terms are defined as indicated in the Promotion Terms of the relevant Promotion.
1. PROMOTION ENTITIES: Morgan Properties and any website companies hosting and promoting a Promotion, their respective parent companies, affiliates, subsidiaries, advertising and promotion agencies, and all of their agents, officers, directors, shareholders, employees, and agents are sometimes collectively referred to in these Standard Terms as the “Promotion Entities”.
2. DISQUALIFICATION: Any entrant may be disqualified from a Promotion if Morgan Properties in its sole discretion determines that an entrant has done any of the following: failed to satisfy the requirements for eligibility; provided Morgan Properties with untruthful, inaccurate, or misleading information; used robotic, macro, automatic, programmed or like methods to enter a Promotion; violated any provision of these Standard Terms or any provision of the Promotion Terms; abused, tampered, or interfered in any manner with a Promotion; acted in an unreasonable, non-sportsmanlike way; or acted in any manner to annoy, abuse, threaten or harass Morgan Properties or any other person.
3. RIGHT TO CANCEL OR MODIFY: Morgan Properties reserves the right in its sole discretion to modify the Promotion Terms of a Promotion or to cancel, terminate, modify, or suspend a Promotion for any reason or for no reason in its sole discretion. Possible reasons for such action by Morgan Properties include but are not limited to ineligibility of entrants, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which, in the sole discretion of Morgan Properties, corrupt or affect the administration, security, fairness, integrity, or proper conduct of a Promotion. If Morgan Properties decides to reconvene a Promotion after a suspension, the determination of a potential winner(s) will be made from among all eligible, valid, non-suspect entries, in the sole discretion of Morgan Properties. If any legal or regulatory authority challenges a Promotion, Morgan Properties reserves the right to discontinue or modify the Promotion, or to disqualify entrants residing in the affected geographic areas, and in such event, Morgan Properties will have no liability to any entrants who are disqualified due to such an action.
4. RELEASE, LIMITATION OF LIABILITY, AND INDEMNIFICATION: By participating in a Promotion, submitting a Submission in a Promotion, and/or by accepting a prize, gift, or giveaway item (each, a “Prize”) offered in a Promotion, you agree as follows:
(a) that you are bound by these Standard Terms and by the Promotion Terms of the applicable Promotion;
(b) that you waive any and all claims against Morgan Properties, the Social Media Platforms, and all the Promotion Entities from any and all liability for any injuries, loss, or damage of any kind, including direct, indirect, incidental, consequential or punitive damages, to persons, including death and property, arising in whole or in part from acceptance, possession, use or misuse of a Prize, participation in any Promotion-related activity, or access to and use of the Morgan Properties Rentcafe Resident Portal Platform (if applicable), whether under a theory of contract, tort (including negligence), warranty or other theory;
(c) that the Promotion Entities are not responsible for illegible, lost, late, incomplete, stolen, misdirected, postage due, or undeliverable, email, or postal mail; or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability, or garbled, corrupt or jumbled transmissions, service provider/Internet/web site/use net accessibility, availability, or traffic congestion; or for any technical, mechanical, or typographical or other error made in the advertisement of a Promotion; or for unauthorized human intervention, damage, destruction, mutilation, or errors in the processing of entry materials or a Submission;
(d) that, with respect to any of your Submissions in a Promotion, you (i) indemnify and hold harmless the Promotion Entities from any and all claims, damages, expenses, costs (including reasonable attorneys' fees) and liabilities (including settlements), brought or asserted by any third party against a Promotion Entity due to or arising from your Submission, or your conduct in creating a Submission or otherwise in connection with the Promotion, including but not limited to: claims for trademark infringement; copyright infringement; violation of an individual’s right of publicity or right of privacy; or defamation; and
(e) that in any cause of action, the Promotion Entities’ aggregate liability to you will be limited to your actual out-of-pocket expenses for entering and participating in the Promotion, and in no event will a Promotion Entity be liable for attorneys’ fees.
5. DISPUTES: Morgan Properties will be responsible for resolving any disputes and/or Promotion Terms violations that arise in connection with a Promotion. All decisions by Morgan Properties regarding a Promotion, including interpretation of the Promotion Terms and exercise of discretion, will be final and binding in all respects. As a condition of participating in a Promotion and/or accepting a Promotion Prize, you agree that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or connected with a Promotion, will be resolved individually, without resort to any form of class action, exclusively, before a court located in Pennsylvania having competent jurisdiction, which court will apply the laws of Pennsylvania without regards for doctrines of conflict of law.
6. PUBLICITY: Except where prohibited by law, participation in a Promotion and/or acceptance of a Prize constitutes your consent to Morgan Properties’ and its agents’ use of your name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration. As a condition of being awarded any Prize, except where prohibited by law, you may be required to execute a consent to the use of your name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
7. RESOLUTION OF PRIZE ERROR: If due to a printing, production or other error, more prizes are claimed in a Promotion than are intended to be awarded for any prize level, the intended prizes will be awarded in a random drawing from among all verified and validated prize claims received for that prize level. In no event will more than the stated number of prizes be awarded.
8. COLLECTION OF INFORMATION: All uses of entrants and winners information shall be in accordance with these Standard Terms, the applicable Promotion Terms, and Morgan Properties’ privacy policy available at https://www.morgan-properties.com/privacy-policy
9. GENERAL PROVISIONS: All applicable federal, state, and local laws and regulations apply. If any provision of these Standard Terms or the Promotion Terms is held to be invalid or unenforceable, all remaining provisions will remain in full force and effect. Morgan Properties’ failure to enforce any term of these Standard Terms or the Promotion Terms will not constitute a waiver of that or any other provision. Headings used in these Standard Terms and the Promotion Terms are solely to facilitate reference. If there is a conflict between these Standard Terms and the provision of any Promotion Terms, the provision of these Standard Terms will control.
**END OF TERMS AND CONDITIONS**
Rev. 01/20