OFFICIAL RULES

WinGolfHomeFLEssay.Com

 

SPONSOR:  The Yates Trust, Inc.
PRIZES are titled to the Sponsor of this Essay contest of skill.
First- Home is located in Hillsborough County in Apollo Beach, Florida. 
Second- Chose from any one of the locations from a specific nationally known Timeshare Resort located in the United States.

Entrants consent to be bound by the “Contract & Personal Identifier”, the “Essay Requirements”, the “Official Rules”, and the “First & Second Prizes” by entering the Essay Contest (“Contest”); The “Contract & Personal Identifier”, the “Essay Requirements”, and the “Official Rules” shall govern this Contest and constitute a Contract between Entrants and The Yates Trust, Inc. (“Sponsor”).   All decisions of Sponsor and Judges with respect to the Contest shall be final. The Sponsor reserves the right to amend/correct/modify the “Contract & Personal Identifier”, the “Essay Requirements”, and the “Official Rules”.

CONTEST ENTRY:

  1. NOT ELIGIBLE are Sponsor, contest Judges, legal representatives, web master, and their Family members, and persons who reside with the Sponsor, Judges, legal representatives, web master, and their Family members. 
  2. It is the sole responsibility of Entrants to notify the Sponsor in writing of any change to your contact information  (name, address, phone numbers, etc,) found on your “Contract &
    Personal Identifier”.

QUALIFICATIONS OF AN ENTRANT:

  1. Anyone of age twenty-one (21) on the date of entering the contest or over age twenty-one (21).
  2. Citizen of the United States.
  3. Open to all registered organizations (For-profit, Not-for-profit, Investor group, etc)
  4. Legal residents physically residing within the 50 United States or District of Columbia.
  5. Void where prohibited by law.
  6. Must be qualified/permitted to own real property in the United States.
  7. Cannot be in violation of any government entity. If any government entity determines Entrant is in violation, the total entrance fee will be returned.
  8. Must be in complete compliance with the “Contract & Personal Identifier”, the “Essay Requirements”, and the “Official Rules”.

CONTEST DESCRIPTION:

A)   ESSAY GUIDELINES –

  1. Write a fictitious Essay/story of 300 words or less with the title of 
  2. “A Life Living In a Golf and Sea Community”.
  3. Must be a fictitious story.  It may be funny, sad, serious, heroic, dramatic, inspirational or any combination. 
  4. The Essay/story must be creative, original, and skillfully written.
  5. The Essay/story must have a beginning, middle, and ending. Essay/story must be in the English language, typed on 8.5x11 white paper in 12 point Arial, Courier, Tahoma, or Times New Roman font or legibly printed on 8.5 x 11 white-lined paper.
  6. Essay’s length is restricted to 300 words or less.  Any word in an American English dictionary, regardless of length, shall count as a single word. Use of grouped numbers is one word;   Examples are  $134.50  or  3,015  or 59, etc.
    1. Permits all Entrants to enter often while complying with the “Contract & Personal Identifier”, the “Essay Requirements”, and the “Official Rules”.
    2. Any additional Essay entry must be a unique Essay story from Entrant’s prior entry(ies).
    3. Each entry must be mailed with all items described below in “Submitting Each Essay”.
    4. One Essay entry with corresponding items must be contained in one mailing envelope.
  7. Entry fee of US $400.00 per Essay payable to THE YATES TRUST, INC. in the form of a official bank check, personal check, or money order must be enclosed at time of submitting the Essay. Please do not send Cash.
  8. Any properly completed Essay/story accompanied with any form of payment that is returned to the Sponsor as INSUFFICENT (NSF) funds or CLOSED ACCOUNT or NO SUCH ACCOUNT will be immediately disqualified from the contest. None of the envelope’s contents will be returned.
  9. No entry fee will be accepted without the required Essay/story and the “Contract & Personal Identifier” submitted in the same envelope at the same time.
  10. Every entry envelope must be received within the Essay contest period.

B)   ESSAY CONTEST PERIOD –

  1. All reference to time is Eastern Standard Time (EST).
  2. Contest begins on October 30, 2009 and ends on March 26, 2010. 
  3. All entries must be postmark not later than March 26, 2010 and is received no later than March 31, 2010  (UNLESS Sponsor extends or shortens in accordance with these rules).

SUBJECT TO ALL CONTEST OFFICIAL RULES:

  1. Regarding the contest period, the SPONSOR RESERVES THE RIGHT TO -
    1. Shorten the contest period before March 26, 2010 in the event the number of 850 minimum qualified entries are received prior to March 26, 2010.
    2. Extended the contest period from time to time in the year of 2010 in the event the number of 850 minimum Essays are not received to meet the required quota.
    3. Should either a. or b. apply, all qualified entries post marked before or on the closing dateas disclosed in these Official Rules will be accepted into the contest.
    4. Should either a. or b. apply, all entries and total fees received after the closing period will not be considered and returned to the Entrant.
    5. Change the site WinGolfHomeFLEssay.Com to reflect extension period, its closure, or any legal notices relating to the contest period.
  2. Should the Sponsor close this contest due to lack of participation to meet the 850 required Essays, refund will be the entry fee $400 less $50 per each Essay/story to cover administrative fees associated with the contest to include advertisements, checks, handling, mailing, and postage. Interest will not be paid on any refunds.

    3. SUBMITTING EACH ESSAY TITLED  

    “A Life Living In A Golf and Sea Community”

    1. Must be placed in a postal approved mail-in envelope containing:
      1. One Essay/story entry per envelope as described in  “A) Essay Guidelines”.
      2. One completed “Contract & Personal Identifier” with contact information.
      3. Bank official check, personal check, or money order in the amount of $400 per Essay payable to THE YATES TRUST, INC.
    2. Entrant may include a self addressed stamped envelope to receive a confirmation of receipt.
    3. Entrants may keep a copy of items to be enclosed in the submitting envelope.
    4. The Essay entry, $400 entrance fee, and the “Contract & Personal Identifier” must be postmarked timely as described above in “B) Essay Contest Period” via Postal mail, UPS, Federal Express, or DHL to -The Yates Trust, Inc. P. O. Box  3644 Apollo Beach, Florida 33572

    DISQUALIFICATION OF ENTRANT’S ESSAY ARE:

    1. Any personal identifier or identifiable coding is placed on the Essay document itself.
    2. Essay/story contains more than 300 words.
    3. Entries with any other topic or subject other than described in the “Contract & Personal Identifier”, the “Essay Requirements”,  and the “Official Rules” are void.
    4. Violation of the “Contract &  Personal Identifier”, the “Essay Requirements”, and the “Official Rules” for this contest of skill.
    5. Violation of any Federal, State, County law or regulation relating to this Essay contest.
    6. Attempt to manipulate or interfere with contest rules and its Judges.
    7. False information provided on the “Contract & Personal Identifier”.
    8. Any entries that are late, delayed, lost, misdirected, partially or wholly destroyed, incomplete, illegible, damaged in any way, altered, forged, fraudulent, stolen, irregular in any way, tampered with, unintelligible, copied from other sources, pornographic, or any other unacceptable/conniving/misleading conducts, at the Sponsor’s sole discretion, are disqualified.
    9. Entrant’s self-hand-delivered package will not be accepted, regardless of contest deadline.
    10. Any submission with “anonymous” or “author unknown” are not acceptable.
    11. Should any one of the disqualifications listed in the “Contract & Personal Identifier”, the “Essay Requirements”, and the “Official Rules” occur on an entry, the fee is not returnable unless otherwise stated as in “Qualifications of an Entrant”, item number 7.

    PRIZES:

    A)  FIRST PRIZE – Apollo Beach, Florida golf course home. The home includes refrigerator, dishwasher, stove and oven, microwave, washing machine, clothes dryer, and window treatments. No warranty of any kind is provided for appliances/roof/interior/exterior structure. This property was appraised in September 2007 at $410,000.  No current appraisal is available and the prize is conveyed to the winner on an “as is basis” by warranty deed.  Title will be transferred clear of all encumbrances, less deed restrictions and subject to all Ad Valorem and Non Ad Valorem taxes. 
    No personal property or furniture is included. Sponsor will pay all normal closing costs to include title insurance, fees to attorney/title services, and related mailing.  The transfer/conveyance of title will be mortgage free. Hillsborough County Property Tax will be pro-rated to date of closing based on most current year’s exempted property tax. The First Prize winner will be owner and responsible for property upon title transfer within 90 days of closing the contest. The First Prize winner will be responsible for his/her transportation, hotel, food, and related expenses to attend the closing/transfer of title.  The First Prize winner will be responsible for Federal taxation on the winning prize.  The prize cannot be substituted, or redeemed for cash, or exchanged for anything else of value. Void where prohibited or restricted by law and subject to all applicable federal, state, and local laws.

    B) SECOND PRIZE – A specific nationally known Timeshare Resort in the United States for seven nights accommodation for two persons. Second Prize winner must be twenty-one years of age or older. Second Prize winner will choose a location in the United States and the applicable check-in date of the stay. The requested date must be more than 60 days in advance of expected arrival. Sponsor will provide further guidance for locations and dates to the Second Prize winner to achieve one location and date for an enjoyable week.  Sponsor will pay for Exchange and Interval fees plus cost of non-transferable reservation certificate in the name of the Second Prize winner.  The Second Prize winner is responsible for all expenses, such as travel, food, entertainment, beverages, tours, and any occurrence related to this prize.  The specific nationally known Timeshare Resort must be used within 12 months of winning.  All rules of the specific nationally known   Timeshare Resort apply and may have local restrictions. The prize cannot be substituted, or redeemed for cash, or exchanged for anything else of value. Void where prohibited or restricted by law and subject to all applicable federal, state, and local laws.

    PRIZE RESTRICTION – Sponsor is not responsible for winners’ Federal taxation on any prize. Please
    consult your tax advisor.

    SPONSOR PROTECTION

    1. All entry fees will be secured in THE YATES TRUST account until the contest is closed. 
    2. Sponsor is not responsible for any lost, late, incomplete, misdirected, illegible mail, illegible Essay, or destruction of entries due to circumstances beyond the control of the Sponsor.
    3. The Essay entry and “Contract & Personal Identifier” will be numerical stamped with matching codes. The Essay entry will be separated from the “Contract & Personal Identifier” page and both secured separately in a bank safe deposit box.
    4. Sponsor shall maintain confidentiality throughout the “Essay Contest Period”.
    5. No representation is made regarding accessing the site and its materials from where its contents or such Essay contests are illegal or prohibited.
    6. Users accessing this site from other locations are responsible for compliance with local  laws, rules, and regulations and do so at their own risk.
    7. Sponsor and the site technician are not responsible for the display, viewing capacities, limitations, and performances for user’s computer. 
    8. All Essays will not be returned for any reason.
    9. Entrants’ “Contract & Personal Identifier” and all its information may be disclosed in conjunction with this contest by the Sponsor as related with announcements regarding prize winners.

    JUDGING Procedure:

    1. There will be three Judges selected at the sole discretion of the Sponsor.  Each Judge shall be a resident of Florida and will be experienced in the academic professions such as teachers, authors, columnists. etc.
    2. Sponsor will not be involved in the judging of qualified Essays.
    3. All qualified Essays received will be judged solely by selected Judges.
    4. Judges will base their selections by the creativity, skill, and elements in the story.
    5. Each of the three judges shall receive and judge one-third (1/3) of the qualified Essays from which two Essays from each group will be grouped as the semi-finals. Judges, together, will select winners from the semi-final group.
    6. In the event of a tie, the earliest postmark date on the envelope will prevail,
    7. Spelling and punctuation will be considered only to the extent that they add or detract from the contents and the focal point of the qualified Essay.
    8. Judges will not have access to any “Contract & Personal Identifier” of any Essay.
    9. Since this is a contest-of-skill, there are no “odds” of any one particular qualified Essay will be chosen by the Judges. Number of Essay entries and odds of winning depend on the total number of qualified entries received.

    WINNERS:

    1. The prize, the Golf Course Home or the week at a specific nationally known Timeshare Resort, cannot be substituted, or redeemed for cash, or exchanged for anything else of value.
    2. First Place and Second Place winners will be contacted by Postal mail, UPS, Federal Express, or DHL and will required the ENTRANT’S signature only.
      1. Winner must respond timely as instructed in winning letter, AND
      2. Provide satisfactory proof of age, identity, residency, etc., AND
      3. Agree and sign an Affidavit of Eligibility, a Liability Release, and a Publicity Release within fifteen (15) business days of receiving the winning notification, AND
      4. Claim the prize by participation  (First Place winner - in the closing/transfer of title within stated time as disclosed in the winning letter) (Second Place winner – by timely selections as guided by sponsor for place and date in a specific nationally known Timeshare Resort).
      5. Any winner that fails to complete as described in a, b, c, and d herein, the Sponsor, at its sole discretion, will proceed to the next winner.
    3. Should the First place winner not be reachable, decline, unable, be disqualified through personal investigation, failure to complete and sign claims to the First place prize, etc. (as further described in the “Contract & Personal Identifier” and the “Official Rules”), the prize will advance to the next winner in the Judges’ selected position.
    4. Should such occurrence described above in #3 happen to the Second place winner, the prize will advance to the next position winner in the Judges’ selected.
    5. Assignment of either prize to another person or persons is prohibited. 
    6. First Prize cannot be inheritable prior to conveyance of title; or Second Prize prior to the use of the specific nationally known Timeshare Resort, whether or not place and date are selected.
    7. Winners’ “Contract & Personal Identifier” are not confidential and Sponsor may announce who the winners are receiving the prizes. 
    8. All Essay entries and “Contract & Personal Identifier” received, qualified or not, become the property of the Sponsor as agreed in this “Contract & Personal Identifier”, “Essay Requirements”, and the “Official Rules”.

    DEFINITIONS: 

    Affidavit of Eligibility- Winner attests to eligibility and compliance with the “Contract & Personal Identifier”, the “Essay Requirements”, and the “Official Rules”.

    Liability Release- Release Sponsor from any liability arising out of the Essay contest.

    Publicity Release-  Permits Sponsor to use the winner’s name, personal photos, voice, biographical Information, photos of prize locations, for future advertisement and promotional purposes for future Essay contests the Sponsor may introduce, and without additional compensation.
               
    CONDITIONS:

    1. By entering this Essay Contest, a contest-of-skill, you agree, represent and declare that –
      1. You will be bound by the “Contract & Personal Identifier”, the “Essay Requirements”, and the “Official Rules”.
      2. You will be bound by the Sponsor’s and Judges’ decisions, which shall be final in all respects.
      3. You understand the Essay entry becomes solely the Sponsor’s property.
      4. You release and hold harmless the Sponsor from any and all liability for claims, injuries, losses, or damages of any kind, including without limitation, death and bodily injury, resulting, in whole or in part, directly or indirectly, from the awarding, delivery, acceptance, use, misuse, possession, loss or misdirection of any prize.
      5. The Sponsor does not make any representation, warranty or guarantee, express or  implied, relating to any prize.
      6. The Sponsor is not responsible for any inability of a winner to accept or use any prize or any portion thereof for any reason.
      7. Sponsor is not responsible In the event viruses, bugs, unauthorized human intervention, Acts of God, acts or regulations of any governmental authority, war, national emergency, weather conditions, accident, fire, riot, strikes, industrial disputes, acts of terrorism or other matters which are beyond the Sponsor’s control and prevents or impairs the proper results in awarding any prize.
      8. When Entrant or Entrant’s Essay is in violation of the “Contract & Personal Identifier”, the “Essay Requirements”, and/or the “Official Rules”, Sponsor has the right to disqualify the Entrant or Entrant’s Essay without refunding any of the fee.
      9. Should the Sponsor close this contest due to lack of participation to meet the 850 required Essays, refund will be the entry fee $400 less $50 per each Essay/story to cover administrative fees associated with the contest to include advertisements, checks, handling, mailing, and postage. 
      10. Upon receiving a phone call of inquiry, Sponsor has the right to request an individual’s full name. Sponsor may refuse any caller when the intent is to annoy, abuse, threaten, or harass.
      11. Each Entrant agrees that a single arbitrator administered by the American Arbitrations Association under its residential arbitration rules and regulations shall settle any controversy or claim relating or arising out-of due to participation in this contest.  Judgment on the award rendered by the arbitration shall be in Tampa, Florida where court has jurisdiction. Entrant agrees to no transfer or change to another venue or location for any reason.
      12. Entrants agree not to commence or participate in any litigation proceeding, either as a class member or as a class representative and to never seek to obtain from judgment awards from the Sponsor.  Entrants agree to waive all rights to claim, statutory, punitive, incidental, or consequential damages, or any other damages to include attorney’s fees, costs associated with entering contest, and/or other out of pocket expenses.
      13. This contest will cease and/or be completed by year-end 2010.
      14. Publicity Release. Entrant grants Sponsor authority to name author in any publicity release and waives all rights and interest to any and all compensation or royalties for such publicity release.

      
    LICENSE AND COPYRIGHT OWNERSHIP BY SPONSOR:

    1. All Essay/story entries, titles, interest, and all rights of copyright become the property of the Sponsor and have exclusive use to reproduce, modify, publish, edit, translate, distribute, perform, display in any media or literature, in any form, format, known or developed for any purpose, and to perpetuate without further notice or compensation to its author. 
    2. Entrants understand the Sponsor is under no obligation or duty to post winners or their Essays, but should the Sponsor post their Essays, the author shall be given acknowledgment as authorized in the “Contract & Personal Identifier”.
    3. WinFLGolfHomeEssay.Com site and its contents are copyright protected.  It cannot be duplicated without written consent and authorization of the Sponsor.

    GOVERNING LAWS:

    1. WinGolfHomeFLEssay.com may be accessed anywhere in the United States and from other countries throughout the world. The authority of sovereign power of other countries has various laws and regulations that possibly differ than those of the United States.  By accessing this site, the viewer and the Sponsor concur that the laws of Florida will apply to this contest, its “Contract & Personal Identifier”, the “Essay Requirements”, and the “Official Rules” and its’ binding enforcement between the Entrants and  the Sponsor, and any and all legal proceedings arising thereof. 
    2. Entrants and Sponsor agree any litigation of dispute arising between the parties shall be resolved by binding arbitration before a Florida Supreme Court Qualified arbitrator.  Any claim not filed by an Entrant within one year of the alleged grievance shall be deemed forever barred  “Filed” shall mean the submittal of a notice of arbitration.
    3. Each Entrant irrevocably and unconditionally consents to the said jurisdiction of Tampa, Florida. Each Entrant unconditionally waives any defense of an inconvenient forum to the maintenance of any action or proceeding in any such court, any objection to venue with respect to any such action or proceeding, and to any right of jurisdiction because of the Entrant’s place of residence or domicile, or other physical conditions.
    4. Each provision of this Essay contest-of-skill “Contract & Personal Identifier”, the “Essay Requirements”, and the “Official Rules” shall be interpreted as to be effective and valid under applicable law. If any portion/section of the “Contract & Personal Identifier”, the “Essay Requirements”, and the “Official Rules” is declared invalid for any reason, such declaration shall have no effect upon the remaining portion/sections of the “Contract & Personal Identifier”, the “Essay Requirements”, and the “Official Rules”.
    5. This Essay contest, its contract, its requirements, and its rules, relate to the creativity, originality, and skill of the Entrant and is the predominant element in the selection of winners.  There are NO bets or wagers, and does NOT imply, suggest, or otherwise as a raffle, lottery, or a drawing by chance.
    6. The “Contract & Personal Identifier”, the “Essay Requirements”, and the “Official Rules” of this Essay contest-of-skill herein holds all Agreements between all mentioned participants.  No other representations, warranties, promises, understandings, oral, written or implied are made between and/or among the participants involved with this contest.

    THIRD PARTY RIGHTS AND LIMITATIONS:

    1. Nothing in this “Contract & Personal Identifier”, the “Essay Requirements”, and the “Official Rules” are expressed or implied or intended to counsel/confer any rights or remedies by reason of this “Contract & Personal Identifier”, the “Essay Requirements”, and the “Official Rules” on any persons other than the Entrants, Sponsor, Judges, legal representatives, web master, and the Sponsor’s trustee successor as legally permitted.
    2. Nothing in the “Contract & Personal Identifier”, the “Essay Requirements”, and the “Official Rules” are intended to relieve or discharge the responsibility and liability of any third person to any party of this  “Contract & Personal Identifier”, the “Essay Requirements”, and the “Official Rules”.   No provision is given to any third person any right of subrogation or action over or against any party of this contract and its rules.
    3. No prize, rights, duties or obligations arising from this contest and its terms and conditions may be assigned by the entrant or passed on as inheritance to a third party until after the First Prize title conveyance, and not permitted under any condition for the Second Prize.

    The Official Rules for THE YATES TRUST, INC. is void where prohibited or restricted by law and subject to all applicable federal, state, local, and municipal laws and regulations of Florida and the United States.