Full Terms and Conditions

2020 SPLASH INTO ARTAVIA™ SWEEPSTAKES

TERMS AND CONDITIONS

NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.

1. Eligibility: Sweepstakes (the “Sweepstakes”) is open only to those who complete a Sweepstakes Registration Card at www.ARTAVIATX.com/splash , and who are 18 years of age as of the date of entry. The sweepstakes is only open to legal residents of the fifty (50) United States and the District of Columbia and is void where prohibited by law. Employees of ARTAVIA™ Development Company “the Sponsor”, AIRIA Development® Company, homebuilders located within ARTAVIA™ and each parties’ respective affiliates and subsidiaries, ARTAVIA™ Development Company, and the Sponsor’s advertising and promotion agencies, suppliers and their immediate family members and/or those living in the same household of each, are not eligible to participate in the Sweepstakes. The Sweepstakes is subject to all applicable federal, state and local laws and regulations. Void where prohibited.

2. Agreement to Rules: By participating, you agree to be fully unconditionally bound by these Rules, and you represent and warrant that you meet the eligibility requirements set forth herein. In addition, you agree to accept the decisions of Sponsor as final and binding as it relates to the Sweepstakes. The Sweepstakes is subject to all applicable federal, state and local laws.

3. Sweepstakes Period: Entries will be accepted online starting at 12:00 a.m. CDT on August 1, 2020 and ending at 11:59 p.m. CDT on August 31, 2020. All online entries must be received by 11:59 pm CDT on August 31, 2020.

4. How to Enter: The Sweepstakes must be entered by completing and turning in a Sweepstakes Registration Card available at www.ARTAVIATX.com/splash. The entry must fulfill all sweepstakes requirements, as specified, to be eligible to win the Prize. Entries that are not complete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Sponsor. Entrants shall furnish their first and last name, email address and telephone number. You may enter only once and you must fill in the information requested. You may not enter more times than indicated by using multiple email addresses, identities or devices in an attempt to circumvent the rules. If you use fraudulent methods or otherwise attempt to circumvent the rules your submission may be removed from eligibility at the sole discretion of Sponsor.

5. Prize, Approximate Retail Value (“ARV”)/ Odds of Winning: One (1) Winner will receive 4-Pack to BIG Rivers Water Park. ARV of Prize: $289. Sweepstakes Prize is not transferable.

NOTE #1: Winner must travel to the Conroe, Texas, area on a date to be determined in or about September 1, 2020 to take possession of the Prize.

NOTE #2: Winner understands and agrees that transfer of the Prize to Winner may take place at a Prize ceremony, and that said ceremony may be videotaped/photographed. Rights to any Prize ceremony video/photo belong solely to Sponsor and can be used in any media at its sole discretion as set forth in paragraph 7, below.

Odds of winning the Prize depend on the number of eligible entries received. If the Prize is legitimately claimed, it will be awarded. If unclaimed, the Prize may not be awarded. No cash or prize substitution allowed except at the sole discretion of the Sponsor, who may substitute a prize of equal or greater value for any reason in its sole discretion. All prize details not specified in these Rules will be determined in Sponsor’s sole discretion. By participating, entrants agree to be bound by these Official Rules and the decisions of Sponsor, which are final and binding in all matters related to this sweepstakes. Sponsor will not replace the Prize if it is lost, damaged, or stolen, or if the Winner is unable to travel to the Conroe, Texas area to take possession of the Prize. If the Winner does not accept or take possession of the Prize, it will be forfeited and Sponsor will have no further obligation with respect to the Prize. No more than the stated Prize will be awarded. Acceptance of Prize constitutes permission for Sponsor to use the Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law, as set forth in paragraph 7, below.

6. Winner selection and notification: Winner of the Sweepstakes will be selected in a random drawing under the supervision of the Sponsor on September 1, 2020. Winner will be notified via phone call or email to the phone number or email address they entered the Sweepstakes with within ten (10) days following the winner selection. Sponsor shall have no liability for the Winner’s failure to receive notices due to Winner’s spam, junk e-mail or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information. If the selected Winner cannot be contacted, is ineligible, fails to contact Sponsor within 15 days from the date on which the award notification was sent, or fails to timely return a completed and executed declaration and releases as required, Prize may be forfeited and an alternate winner selected.

In the event of a dispute as to the identity of the Winner based on an email address, the winning entry will be declared by the authorized account holder of the email address submitted at time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.

The receipt by Winner of the Prize offered in this Sweepstakes is conditioned upon compliance with any and all federal and state laws and regulations. The Winner must sign and return to the Sponsor, within fifteen (15) days of the date of notice or attempted notice is sent, an Affidavit of Eligibility and Liability/Publicity Release in order to claim the Prize. [Note: The Affidavit sent will require that the Winner provide their Social Security Number to the Sponsor, which will be used solely for tax reporting purposes.] The Winner will be responsible for all local, state, and federal taxes associated with the receipt of the Prize. The Winner must note that the value of their accepted Prize is taxable as income and an IRS Form 1099 will be filed in the name of the Winner for the value of the Prize. The Winner is solely responsible for all matters relating to the Prize after it is awarded, including all expenses relating to the registration, licensing, use, acceptance and possession of the Prize, whether or not such expenses are mentioned herein.

ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER (AT SPONSOR’S SOLE DISCRETION) WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS WINNER OF THE SWEEPSTAKES AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.

7. Rights Granted by you: By entering this sweepstake, you understand that Sponsor, anyone acting on behalf of Sponsor, or its respective licensees, successors and assigns will have the right, where permitted by law, without any further notice, review or consent to print, publish, broadcast, distribute, and use, worldwide in any media now known or hereafter in perpetuity and throughout the World, your entry, including, without limitation, the entry and entrant’s name, portrait, picture, voice, likeness, image or statements about the Sweepstakes, and biographical information as news, publicity or information and for trade, advertising, public relations and promotional purposes without any further compensation (the “Advertising”). All copyright, trademark or other intellectual property rights in your entry, and all such Advertising thereof, shall be owned by Sponsor. By participating in the Sweepstakes, you, and your heirs, successors and assigns, hereby waive any claim or right, copyright, trademark, right of publicity, or other intellectual property rights in the entry or in any such Advertising, and waive any possible claims of misuse of your name, likeness or voice under contract, tort, or any other theory of law, arising out of such Advertising.

8. Terms: Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes should a virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Sweepstakes. In such case, Sponsor may select the Winner of the Sweepstakes from all eligible entries that, in Sponsor’s sole judgment, were unaffected. Sponsor reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Sweepstakes or website or violates these Terms & Conditions.

Sponsor has the right, in its sole discretion, to maintain the integrity of the Sweepstakes, to void votes for any reason, including, but not limited to; multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by sweepstakes rules; or the use of bots, macros or scripts or other technical means for entering.

Any attempt by an entrant to deliberately damage any web site or undermine the legitimate operation of the sweepstakes may be a violation of criminal and civil laws 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.

By entering the Sweepstakes you agree to receive email newsletters periodically from Sponsor. You can opt-out of receiving this communication at any time by clicking the unsubscribe link in the newsletter.

In the event there is a discrepancy or inconsistency between disclosures and other statements contained in any Sweepstakes materials, these Terms and Conditions shall prevail, govern and control.

9. Limitation of Liability: By entering you agree to release and hold harmless Sponsor, including its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors, from any and all liability, illness, injury, death, loss, litigation, claim(s) or damage that may occur—INCLUDING LIABILITY, ILLNESS, INJURY, DEATH, LITIGATION, CLAIM(S) OR DAMAGE CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OF SPONSOR—directly or indirectly, from: (i) such entrant’s participation in the Sweepstakes and/or entrant’s acceptance, possession, use, or misuse of the Prize; (ii) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (iii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Sweepstakes; (v) electronic or human error which may occur in the administration of the Sweepstakes or the processing of entries.

10. Disputes: THIS SWEEPSTAKES IS GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF TEXAS, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Sweepstakes, participant agrees that any and all disputes which cannot be resolved between participant and Sponsor, and causes of action arising out of or connected with this Sweepstakes, shall be resolved individually, without resort to any form of class action, exclusively before a state or federal court located in Harris County, Texas. Further, in any such dispute, to the maximum extent permitted by Texas law, participant shall not be permitted to obtain awards for, and hereby waives his/her rights to claim, punitive, incidental, or consequential damages, including reasonable attorneys’ fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering this Sweepstakes), and participant further waives all rights to have damages multiplied or increased.

11. Privacy Policy: Information submitted with an entry is subject to the Privacy Policy stated on the ARTAVIA™ Development Company Web Site. Follow the link to read the Privacy Policy https://artaviatx.com/privacy-policy/.

12. Winners List / Name: To obtain a copy of the Winner’s name or a copy of these Official Rules, mail your request along with a stamped, self-addressed envelope to:

ARTAVIA™ Development Company
20333 State Highway 249, Suite 600
Houston, TX 77070
United States

Requests must be received no later than September 15, 2020.

13. Sponsor: The Sponsor of the Sweepstakes is

ARTAVIA™ Development Company
20333 State Highway 249, Suite 600
Houston, TX 77070
United States

Website Disclaimer

The information contained in this website is created and posted based on information believed reliable; however, ARTAVIA Development Company, AIRIA Development® Company, and any direct or indirect partner, shareholder, member, officer, director, trustee, agent, or employee or other representative or any affiliated entity, or any director or indirect partner, shareholder, member, officer, director, trustee, agent, or employee thereof (collectively “ADC”) make no guaranties, warranties, or representations, expressed or implied, including, but not limited to, any warranties of merchantability and fitness for a particular purpose, as to this website and information contained herein, including, but, not limited to, the completeness or accuracy of such information. The presentation of and the information contained herein is submitted subject to errors, omissions, or changes, with or without notice. In no event shall ADC be liable for any damages arising out of or in connection with the use of this website or any information contained herein, including, but not limited to, consequential, special, indirect, incidental, or punitive damages, regardless of the form of the action and regardless of whether ADC has been advised of the possibility of such damages. Notwithstanding the foregoing limitations, in no event will the total, cumulative liability of ADC for damages under these terms and conditions exceed one hundred dollars ($100.00).

This website is designed to inform and familiarize you with our company, community, and affiliates. This website is maintained as a service and courtesy to internet users. This website is not intended to constitute a solicitation or offer of any kind. The information contained within press releases issued by ADC should not be deemed accurate or current except as of the date the release was posted. ADC has no intention of updating, and specifically disclaims any duty to update, the information in the press releases.

Access to this website and all information contained herein is subject to the terms and conditions set forth herein and to all applicable laws regulating the use of the internet and those pertaining to the information contained herein. User accepts such terms and conditions by continuing to access this website. ARTAVIA Development Company, a Texas corporation, reserves the right to revise the terms and conditions governing access and use of this website, from time to time, as it sees fit, in its sole discretion, with or without notice. User may check these terms periodically for changes. A user’s continued use of this site subsequent to the revisions of the terms and conditions means user is deemed to have accepted those changes. These terms and conditions do not alter the terms and conditions of any other agreement user may have with ADC.

All land uses, improvements, materials, amenities, and facilities described and depicted herein are proposed items only, are based upon current development plans, and are subject to change without notice. Nothing presented in this document shall obligate ADC, the current owner, or any other entity to restrict land uses or to construct or develop improvements or facilities, or if developed, as described or depicted.   ADC makes no representations or warranties, expressed or implied, concerning the actual design, location, and character of the facilities shown herein. Plans, maps, materials, and specifications are subject to change or modification as deemed necessary by ADC, the developer, builder, or as may be required by law. All illustrations, photos, plans, or maps are provided as examples only and do not constitute a commitment to construct nor depict actual or promised items of any kind. Any references to commercial/multipurpose land use may include but are not limited to office, retail, single family, multifamily, senior housing, house of worship, specialty, medical, school, gas station, daycare facility, etc.  Maps are not to scale, are not for computation or construction purposes, and all listed distances, measurements, and stated mileage are approximate. Prices, specifications, and details concerning homes are established by the builders and are subject to change without notice. Any school, utility, and governmental information should be verified with the appropriate agency or utility supplier.

In the event this website contains links to third-party websites or offsite pages, including, but not limited to, those describing school districts or schools, telecommunications providers, and utility providers, ADC has no control over and shall not be responsible for the terms and conditions or content of such sites or pages. User acknowledges that no representations or warranties, expressed or implied, including, but not limited to, any warranties of merchantability and fitness for a particular purpose, are made with regard to the content of any such linked websites or offsite pages and all use of such material is at user’s sole risk.

All homes within ARTAVIA™ are constructed and sold by builders not affiliated with ADC. ADC does not warrant or guarantee the obligations, construction, or pricing of builders who may build and sell homes in ARTAVIA™. ADC seeks to work with reputable builders; however, each builder operates independently. Buyers of homes in ARTAVIA™ contract directly with the builder and must rely solely on their own investigation and judgment of the builder’s construction and financial capabilities as ADC does not warrant or guarantee such abilities or capabilities, nor does ADC warrant or guarantee the design, pricing, engineering, construction, or availability of any home or other building constructed by such builder or the obligations of any builder to the buyer.

This website and all other materials contained herein are, and shall remain, copyrighted and may not be distributed, modified, or reproduced, in whole or in part, without the express prior written consent of ARTAVIA Development Company, a Texas corporation. Nothing contained in this website shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark, or other intellectual property rights, and all such rights to the website and all other materials contained herein are expressly reserved to ADC and/or any third party, as applicable. The use of this website is also subject to all applicable laws regarding copyrighted material and intellectual property. © 2020 ARTAVIA Development Company. All rights reserved. “ARTAVIA™” and “Dappled Park at ARTAVIA™” are trademarks of AIRIA Development® Company.

 

Kings Crossing Travel Agency

Prices quoted are per couple based on double occupancy the months that trips are being promoted, are not retroactive and are subject to limited availability. Prices may vary and may be higher depending on actual day/date traveled and hotel selected. Hotel charges such as energy surcharge, baggage handling, crib, and rollaway costs may apply and are payable directly to hotel. For cruises, fuel supplement charges may apply. Tipping is not included. Various cancellation penalties, payment requirements and holiday/weekend/special event surcharges may apply. All rates are subject to change with or without notice. Please contact Pamela Silverwise at Kings Crossing Travel, 281-360-3007, for additional restrictions and information.

 

Sales Office Board Maps/ Site Map / Area Map / Model Home Village Map

The information contained in this document is subject to change without notice and should not be construed as a commitment, representation, or warranty by ARTAVIA Development Company, a Texas corporation, AIRIA Development® Company, a Texas corporation, and any direct or indirect partner, shareholder, member, officer, director, trustee, agent, or employee or other representative or any affiliated entity, or any director or indirect partner, shareholder, member, officer, director, trustee, agent, or employee thereof  (“ADC”). The presentation of and the information contained herein is shown subject to any errors, omissions, or changes, with or without notice. This map of ARTAVIA represents an artist’s conception of proposed development as of December 2019.  No representation is made that the features depicted will be built, or, if built, will be as depicted.  All plans for land uses, improvements and facilities are subject to change without notice and nothing presented on this map shall obligate the owner or any other entity to restrict land uses or to construct or develop improvements or facilities as shown on this map.  All drawings are preliminary and subject to change, and are for presentation purposes only. Further, said drawings are scanned images only and are not for computation or construction purposes. These drawings may or may not incorporate information and/or data provided to consultants relative to engineering and drainage, flood plains and environmental issues and should not be relied upon for any purpose. No representations or warranties, expressed or implied, concerning the actual design, location and character of the facilities shown on any maps are intended. Additionally, no warranty is made as to the accuracy of the information contained herein. Plans, maps, materials and specifications are subject to change or modification as deemed necessary by the developer, builder, or as may be required by law. These illustrations are provided as an example only and do not depict actual or promised items of any kind. Any references to commercial/multipurpose land use may include but is not limited to office, retail, single family, multifamily, senior housing, house of worship, specialty, gas station, daycare facility, etc.  Map not to scale.  Copyright 2020 ARTAVIA Development Company. All rights reserved.

 

Print and Digital Advertisements/ Promotions/ Newsletters/ E-blasts

The information contained in this document is subject to change without notice and should not be construed as a commitment, representation, or warranty by ARTAVIA Development Company, a Texas corporation, AIRIA Development® Company, a Texas corporation, and any direct or indirect partner, shareholder, member, officer, director, trustee, agent, or employee or other representative or any affiliated entity, or any director or indirect partner, shareholder, member, officer, director, trustee, agent, or employee thereof  (“ADC”). The presentation of and the information contained herein is shown subject to any errors, omissions, or changes, with or without notice. In no event shall ADC be liable for any damages, including but not limited to consequential, special, incidental, or punitive damages arising from or related to any use of this document and/or any information contained herein. This document and parts thereof are, and shall remain, copyrighted and must not be reproduced or copied without the written permission of ARTAVIA Development Company, and the contents thereof must not be imparted to a third party nor used for any unauthorized purpose. All land uses, improvements, materials, amenities, and facilities described and depicted herein are proposed items only, are based upon current development plans, and are subject to change without notice. Nothing presented in this document shall obligate ADC, the current owner, or any other entity to restrict land uses or to construct or develop improvements or facilities, or if developed, as described or depicted.   ADC makes no representations or warranties, expressed or implied, concerning the actual design, location, and character of the facilities shown herein, or as to the completeness or accuracy of the information contained herein. Plans, maps, materials and specifications are subject to change or modification as deemed necessary by ADC, the developer, builder, or as may be required by law. All illustrations, photos, plans, or maps are provided as examples only and do not constitute a commitment to construct nor depict actual or promised items of any kind. Any references to commercial/multipurpose land use may include but is not limited to office, retail, single family, multifamily, senior housing, house of worship, specialty, medical, school, gas station, daycare facility, etc.  Realtors Welcome. Map not to scale. Prices, specifications, and details concerning homes are established by the builders who are not affiliated with ARTAVIA Development Company and are subject to change without notice. All homes within ARTAVIA™ are constructed and sold by builders not affiliated with ADC. ADC does not warrant or guarantee the obligations, construction, or pricing of builders who may build and sell homes in ARTAVIA™. ADC seeks to work with reputable builders; however, each builder operates independently. Buyers of homes in ARTAVIA™ contract directly with the builder and must rely solely on their own investigation and judgment of the builder’s construction and financial capabilities as ADC does not warrant or guarantee such abilities or capabilities, nor does ADC warrant or guarantee the design, pricing, engineering, construction, or availability of any home or other building constructed by such builder or the obligations of any builder to the buyer. This does not constitute an offer to sell real property in any jurisdiction where prior registration or other advance qualifications of real property is required. ARTAVIA™ and its logo are trademarks of AIRIA Development® Company or its affiliates. Copyright 2020 AIRIA Development® Company. All rights reserved.

 

Photo Release

I hereby grant to ARTAVIA Development Company, its successors and assigns, those for whom ARTAVIA Development Company is acting, and those acting with its authority and permission, the absolute right and permission to copyright, in its own name or otherwise, and use, reuse, publish, and re-publish photographic portraits or pictures of me and my accompanying family or group (if applicable) in which I/we may be included, in whole or in part, or composite or distorted in character or form, without restriction as to changes or alterations, in conjunction with me/our own or fictitious name(s), or reproductions thereof in color or otherwise, made through any mediums at its agency or elsewhere, and in any or all media now or hereafter known for illustration, promotion, art, advertising, trade, or any other purpose whatsoever. I also consent to the use of any printed matter in conjunction therewith.

I hereby waive any right that I may have to inspect or approve the finished product or products and the advertising copy or other matter that may be used in connection therewith or the use to which it may be applied. I hereby release, discharge and agree to hold harmless ARTAVIA Development Company, its successors and assigns, and all persons acting under its permission or authority or those for whom it is acting, from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form, whether intentional or otherwise, that may occur or be produced in the taking of said picture or in any subsequent processing thereof, as well as any publication thereof, including without limitation any claims for libel or invasion of privacy. I hereby warrant that I am of full age and have the right to contract in my own name, and that I have the authority to represent my family or other people in my group in this matter. I have read the above authorization, release and agreement, prior to its execution, and I am fully familiar with the contents thereof. This release shall be binding upon me and my heirs, legal representatives, and assigns.

Refer a Friend

Refer a Friend offer valid for referrals received between August 1, 2020 – December 31, 2020. Home must close by February 28, 2021 in order to qualify. Buyer Referral will be issued as a gift card and will be available approximately 4 to 6 weeks after closing of referred buyer’s home. Referred buyer must be referred by a current ARTAVIA™ homeowner. Offer is subject to change without notice. Tax liability is the responsibility of the recipient. Only the person making the referral will be eligible for the referral program. Only (1) gift card per referral. In the event the new buyer has been referred by multiple homeowners, only the earliest referral date will be honored. Program not eligible for self-referrals. A referring homeowner that has a valid Texas Real Estate License and is the Realtor of record represent-ing the referred home buyer and receives a Real Estate referral fee in connection with the new home purchase is not eligible for this program. No representations or warranties of intended use, design or proposed improvements are made herein. Prices, specifications, and details concerning homes are established by the builders who are not affiliated with ARTAVIA™ Development Company and are subject to change without notice. Go to ARTAVIATX.com for full terms and conditions.