Sea Star Realty Holiday Giveaway Official Rules
No purchase or payment of any kind is necessary to enter or win. A purchase or payment will not increase your chances of winning. Void where prohibited by law.
This Sweepstakes is in no way sponsored, endorsed, or administered by, or associated with Meta Platforms Inc. or its subsidiaries (collectively, “Meta”) or TikTok Inc. or its subsidiaries.
Winner must be able to claim and use Prize between January 1, 2025 and March 31, 2025, subject to Prize availability, which is subject to change: see “Availability” on https://www.seastar-realty.com/myrtle-beach-rentals/atlantic-gateway. Prize does not include transportation/travel to or from Myrtle Beach, SC.
Important: Please read these official rules (“Official Rules”), which are a contract, carefully before entering. Without limitation, this contract includes agreement to arbitrate disputes, indemnities to the Sponsor from you and a limitation of your rights and remedies. By participating, you agree to be bound by these Official Rules and represent that you satisfy all of the eligibility requirements.
1. OVERVIEW: The 2025 Sea Star Realty Holiday Giveaway (“Sweepstakes”) is sponsored by Sea Star Realty, LLC (“Sponsor”). The Sweepstakes begins at the time Sponsor sends or displays the Invitation Post (defined below) and ends at 12:59:59 PM Eastern Time (“ET”) on December 22, 2024 (“Sweepstakes Period”). Eligible participants (see Eligibility requirements, below) may enter the Sweepstakes by following the steps in the “How to Enter” section below and in Sponsor’s Invitation Post. Following the close of the Sweepstakes Period, winner(s) will be selected through a random drawing as described below.
2. ELIGIBILITY: The Sweepstakes is open to legal residents of any one (1) of the fifty (50) United States and the District of Columbia (the “Territory”) who are at least twenty five (25) and the age of majority under applicable law in their state or jurisdiction of primary residence.
Employees, contractors, directors, officers, and agents of Sponsor and its parent, affiliates, subsidiaries, distributors, sales representatives, agents, brokers and advertising, promotion and other service agencies involved with the Sweepstakes (collectively, along with the Platforms (defined below), the “Released Parties”), and members of the immediate family (spouse, parent, child, sibling and their respective spouses, regardless of where they reside) and household of each such individual (whether or not related) are not eligible to enter or win.
This Sweepstakes is subject to all applicable federal, state, and local laws and regulations and is void where prohibited by law. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.
3. SPONSOR: Sea Star Realty, LLC, 125A Atlantic Avenue, Garden City Beach, SC 29576. Any reference to third parties in connection with prizes, third-party websites, or services are for reference and identification purposes only and not intended to suggest endorsement, sponsorship, or affiliation with Sponsor or the Sweepstakes.
4. HOW TO ENTER: During the Sweepstakes Period, Sponsor will post to its official Facebook account (https://www.facebook.com/seastarrealty), its official Instagram account (@seastarrealtysc) and its official TikTok account (@seastarrealty) (together, the “Platforms”) announcing the Sweepstakes, inviting eligible entrants to enter the Sweepstakes, and describing the steps required to enter (“Invitation Post”). The Invitation Post may include additional eligibility and entry requirements.
If you meet the eligibility requirements, you can earn one (1) entry into the Sweepstakes on either Facebook or Instagram by taking the following steps from your personal Facebook or Instagram account, as applicable:
Facebook: Liking the Invitation Post as instructed in the Invitation Post, tagging another Facebook user in the comments of the Invitation Post, and Liking Sponsor’s Facebook page (https://www.facebook.com/seastarrealty).
Instagram: Liking the Invitation Post, Tagging another Instagram user in the comments of the Invitation Post, and following @seastarrealtysc on Instagram.
The actions described above are your “Entry Engagement.” Any text or other content you submit as part of an Entry Engagement is referred to collectively in these Official Rules as your “Entrant Content.” All Sweepstakes participation must be public and be viewable without request/permission through the Sweepstakes Period and subsequent evaluation by Sponsor. Participant’s social media account and any copy or other Entrant Content must comply with these Official Rules, “Submission Requirements” detailed below, and the applicable platform’s policies:
If posting on Facebook, you must comply with Meta’s Community Standards and the Facebook Terms of Service.
If posting on Instagram, you must comply with Meta’s Community Standards and the Instagram Terms of Use.
Your Entry Engagement will not be deemed an entry in the Sweepstakes until Sponsor verifies that it meets all requirements of these Official Rules; but the substantive content of the Entrant Content will not otherwise affect your chances of winning. Limit one (1) entry per person into the Sweepstakes
You must complete all required steps set forth in the Invitation Post during the Sweepstakes Period and in accordance with these Official Rules to receive an entry into the Sweepstakes.
By completing all required steps during the Sweepstakes Period in accordance with these Official Rules and Sponsor’s instructions, an eligible participant will receive one (1) entry into this Sweepstakes. For purposes of this Sweepstakes, an entry is received only when Sponsor records completion of the entry steps set forth in these Official Rules. Entries must be submitted and received by Sponsor during the Sweepstakes Period and in strict accordance with the instructions and restrictions in these Official Rules and in the Invitation Post.
- Please note: Participation that does not include all Required Tags will be deemed ineligible and subject to disqualification. Individuals who do not follow all the instructions, provide the required information in the course of participation, and/or abide by these Official Rules or other instructions of Sponsor may be disqualified. Other entry methods than those outlined above are void and will not receive entry.
Automated entries are prohibited, and any use of automated devices will cause disqualification. Entrants may not enter with multiple e-mail addresses/Platform accounts nor may entrants use any other device or artifice to enter multiple times or as multiple entrants. Any entrant who attempts to enter with multiple e-mail addresses or Platform accounts, under multiple identities, or uses any device or artifice to register multiple times will be disqualified and forfeits any and all prizes won, in Sponsor’s sole discretion.
Proof of submitting an entry (such as, without limitation, a printed, saved or copied image of your social post) does not constitute proof of actual receiving of an entry for purposes of the Sweepstakes. The applicable Platform’s clock will be the official timekeeper for entry into the Sweepstakes. Those who do not abide by these Official Rules and other instructions of Sponsor and its representatives may, in Sponsor’s sole discretion, be disqualified and the associated entry void. Attempts made by a participant to submit entries in excess of any limit or otherwise in violation of these Official Rules by using multiple or false contact information or otherwise may be disqualified. Purported entries that are forged, altered, incomplete, lost, late, misdirected, mutilated, illegitimate, unintelligible, garbled, or generated by a macro, bot, or other automated means will not be accepted and will be void. Entries or participation made on a participant’s behalf by any other individual (except as otherwise set out herein), made by any entity or group, or originating at any website or online service other than the applicable Platform, including, without limitation, through commercial promotion subscription notification or entering services, will be declared invalid and disqualified for the Sweepstakes. As a condition of entering the Sweepstakes, without limiting any other provision in these Official Rules, each entrant gives consent for Sponsor and its agents to obtain and deliver his or her name, address, and other information and content to third parties for the purpose of administering this Sweepstakes and complying with applicable laws, regulations, and rules.
5. SUBMISSION REQUIREMENTS: Entrant Content must meet all of the requirements in these Official Rules, including the following, or the associated entry will be disqualified:
All aspects of the Entrant Content must be originally created by and solely owned by you (or be in the public domain), or be used pursuant to a valid license. Sponsor reserves the right to request proof of a valid license or the participant or Entrant Content may be subject to disqualification.
If any natural person other than you is depicted, heard, named, or otherwise included in your Entrant Content, you represent that either (a) that person is a legal adult and you have such person’s express permission to include him or her in your Entrant Content and publish that Entrant Content for purposes of participating in this Sweepstakes (and will promptly provide Sponsor with adequate written evidence of such permission upon Sponsor’s request) or (b) that person is a minor and your own child or legal ward and you are capable of granting such permission on that minor’s behalf.
Entrant Content must not infringe, misappropriate, or violate any rights of any third party including, without limitation, copyright (including moral rights), trademark, trade secret, or rights of privacy or publicity and may not feature any other brand names, products, logos, or businesses other than yours, if applicable, unless specifically permitted by Sponsor in the Invitation Post.
Entrant Content must be entirely in the English language.
Entrant Content must not include information or content that is false, fraudulent, deceptive, misleading, defamatory (include trade libel), disparaging, unlawfully harassing, threatening, profane, obscene, pornographic, hateful, indecent, inappropriate, or injurious to any Released Party or any other party. Entrant Content must not contain or describe any harmful or illegal activity or content or in any way violate any federal, state, or local laws, rules, or regulations.
Entrant Content must be suitable for presentation in a public forum.
Entrant Content must not suggest, depict, or describe any inappropriate, unlawful, or dangerous behavior.
You agree that your participation in the Sweepstakes and agreement to these Official Rules and any Released Party’s display and use of the Entrant Content permitted under these Official Rules will not violate any agreement to which you are a signatory or party.
To the fullest extent permitted by applicable law, you agree to indemnify the Released Parties against any and all claims from any third party for any use or reuse by any Released Party of the Entrant Content permitted under these Official Rules.
Sponsor reserves the right in its sole discretion to disqualify you from the Sweepstakes and/or cease or refrain from displaying or publishing any Entrant Content that – as determined by Sponsor in its sole discretion – refers, depicts, or in any way reflects negatively upon a Released Party, the Sweepstakes, or any other person or entity or does not comply with these Submission Requirements or any other requirement of these Official Rules.
6. PRIZES, ODDS & APPROXIMATE RETAIL VALUE (“ARV”): One (1) winner will receive a complimentary 3-night stay at our selected ocean-front “Atlantic Gateway Property” (https://www.seastar-realty.com/myrtle-beach-rentals/atlantic-gateway) between January 1, 2025 and March 31, 2025, subject to property availability (“Prize”). The Atlantic Gateway Property has a maximum capacity of 14 people. Potential winner must enter into Sponsor’s standard rental agreement with Sponsor and follow all applicable rental policies, including to provide Sponsor a copy of winner’s photo identification. Odds of winning depend upon the number of eligible entries received. Total ARV of all prizes is $2,500.
Winner is responsible for travel to and from the Atlantic Gateway Property . The Released Parties are not responsible for and winner will not receive any difference between the actual value of the prize at the time of award and the stated ARV in these Official Rules or in any Sweepstakes-related correspondence or materials. Winner must complete their stay by March 31, 2025. Prize scheduling is subject to availability. No transportation to or from the Atlantic Gateway Property is included as part of the prize in this Sweepstakes. It is the winner’s and his/her guest’s sole responsibility to comply with all travel requirements, which may include, without limitation, presenting necessary government-issued identification (including photograph) at the time of travel. The Released Parties are not liable for any missed events or opportunities or expenses incurred as a consequence of flight cancellation/delay or ground transportation delay. Winner may be required to provide a credit card at booking for a security deposit and/or to cover incidentals. Winner and their guests must comply with Sponsor’s procedures and policies. Winner may be required to complete, sign, have notarized (if applicable), and return a declaration/affidavit of eligibility, release of liability and, where legal, a publicity release in the form provided by Sponsor to Sponsor in the timeframe specified by Sponsor or prize may be forfeited. Winner understands and agrees that Sponsor has the right, in its sole discretion, to disqualify and remove winner or guests from the property at any time if the winner’s or their guests’ behavior is at any point disruptive, or may or does cause damage to person, property, or the reputation of Sponsor or otherwise violates the policies Sponsor, and in such a case, such winner will still be solely responsible for all taxes and other expenses related to the prize.
All prize details not specifically stated in these Official Rules will be determined by Sponsor in its sole discretion. If winner cannot receive a prize from Sponsor per winner’s employer’s policies, winner will forfeit the prize won and Sponsor will have no further obligation to that winner. All taxes (federal, state, and local), as well as any expenses not specified in these Official Rules as being provided as part of the prize, are the sole responsibility of winner. A Federal Form 1099, as applicable, may be issued to winner. If required by law, Sponsor reserves the right to withhold and remit to the appropriate taxing authorities the amount of any taxes due. Sponsor is not responsible for and will not replace any lost, mutilated, or stolen prize, or any prize that is undeliverable or does not reach a winner because of incorrect or changed contact information. If winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited and Sponsor will have no further obligation with respect to that prize or portion of the prize. Sponsor is not responsible for any inability of any winner to accept or use any prize (or portion thereof) for any reason. Winner is strictly prohibited from selling, auctioning, trading or otherwise transferring any part of a prize, except with Sponsor’s permission, which may be granted or withheld for any reason in its sole discretion. No transfers, prize substitutions or cash redemptions will be made, except at Sponsor’s sole discretion. Sponsor reserves the right to substitute the stated prize or portion thereof with another prize or portion thereof of equal or greater value for any reason, including, without limitation, prize unavailability. No more than the stated prizes will be awarded. Participants waive the right to assert as a cost of winning any prize, any and all costs of verification and redemption or travel to claim the prize and any liability and publicity which might arise from claiming or seeking to claim a prize.
7. RELEASE: As a condition of entering, entrants agree (and agree to confirm in writing): (a) to release Released Parties, from any and all liability, loss or damage incurred with respect to the awarding, receipt, possession, and/or use or misuse of any prize; (b) under no circumstances will any entrant be permitted to obtain awards for, and entrant hereby knowingly and expressly waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses and/or any rights to have damages multiplied or otherwise increased; (c) all causes of action arising out of or connected with this Sweepstakes, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred (if any), excluding attorneys’ fees and court costs.
8. WINNER SELECTION/NOTIFICATION: The winner of the Prize will be selected in a random drawing from among all eligible entries received from all Platforms combined, subject to verification. The drawing will be held within approximately two (2) business days after the end of the Sweepstakes Period. Within approximately five (5) business days after the selection of the potential winner(s), Sponsor or its representative will attempt to notify the potential winner by either (a) replying to the potentially winning Entry Engagement on the Invitation Post asking that the potential winner contact Sponsor by direct message to begin the prize-claim process, (b) sending a direct message to the potential winners’ Platform account used to enter the Sweepstakes, or (c) both – all as determined by Sponsor in its sole discretion. The potential winners must respond to Sponsor in accordance with the instructions provided in the notification and within forty-eight (48) hours or another time frame as specified in the notification and supply any information requested by Sponsor, such as a valid email address for prize fulfillment. It is the potential winners’ responsibility to set their account settings on the Platforms to accept contacts by Sponsor and to timely check their account for any comments, mentions, @replies, messages, or other communications from Sponsor. Failure to timely respond or complete any of the steps set forth in the notification procedures above for any reason, including failure by any potential winner to notice or accept a comment, mention, @reply, direct message or other communication sent by Sponsor, may result in disqualification of such potential winner and selection of an alternate winner.
In addition, a potential winner’s name and his or her city and state or other general information may be posted on a Sponsor web site or elsewhere publicly in Sponsor’s sole discretion. If the prize is a prepaid e-gift card, it will be emailed to the email address provided by the potential winner. All other prizes will be fulfilled via mail or other method specified by Sponsor. If any prize, prize notification, or Sweepstakes-related communication is rejected, faulty, or undeliverable; if potential winner does not respond according to the notification’s or Sponsor’s instructions; or if winner or potential winner fails to comply with these Official Rules, the prize may, in Sponsor’s sole discretion, be forfeited and an alternate winner may be selected (time permitting) based on the original method of winner selection or other method that is fair in Sponsor’s sole discretion. Sponsor is not obligated to pursue more than three (3) alternate winners for any prize for any reason, in which case such prize may go unawarded. Sponsor reserves the right to modify the notification procedures and applicable deadlines for responding in connection with the selection of any alternate potential winner, if any. If a prize is legitimately claimed, it will be awarded. Upon prize forfeiture or inability to use a prize or portion thereof, no compensation will be given and Sponsor will have no responsibility or liability to that participant. To claim a prize, winner must follow the directions in his or her notification. Failure to comply with these requirements, Sponsor’s or its representative’s instructions, or these Official Rules may, in Sponsor’s sole discretion, result in disqualification from the Sweepstakes and forfeiture of any prize potentially won. Decisions of the Sponsor are final on all matters relating to the Sweepstakes, including interpretation of these Official Rules, determining the winner(s), and awarding of the prize(s).
9. LIMITATION OF LIABILITY: Each entrant agrees to release, hold harmless, and indemnify each of the Released Parties from and against any liability whatsoever for injuries or damages of any kind sustained in connection with the acceptance, use, misuse, or awarding of the prize or while preparing for, participating in, and/or traveling to or from any prize- or Sweepstakes-related activity including, without limitation, any injury, damage, loss, death or accident to person or property. Each winner agrees that the prize is provided as-is without any warranty, representation, or guarantee, express or implied, in fact or in law, whether now known or hereinafter enacted, relative to the use or enjoyment of the prize, including, without limitation, its quality, merchantability, or fitness for a particular purpose.
Each entrant understands and agrees that all rights under section 1542 of the Civil Code of California and any similar law of any state or jurisdiction of the United States are hereby expressly waived by him/her. Section 1542 reads as follows:
“Certain claims not affected by a general release. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
10. ADDITIONAL DISCLAIMERS: Released Parties are not responsible and/or liable for any of the following, whether caused by a Released Party, the entrant, or by human error: entries that are submitted by illegitimate means (such as, without limitation, by an automated computer program) or entries in excess of any stated limit; any lost, late, incomplete, illegible, unintelligible, garbled, mutilated, or misdirected entries, email, mail, or Sweepstakes-related correspondence or materials or postage-due mail; any error, omission, interruption, defect or delay in transmission or communication; viruses or technical or mechanical malfunctions; interrupted or unavailable cable or satellite systems; errors, typos, or misprints in these Official Rules or the Invitation Post, in any Sweepstakes-related advertisements, or other materials; failures of electronic equipment, computer hardware, or software; lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications or entry information. Released Parties are not responsible for electronic communications that are undeliverable or do not reach entrant as a result of any form of active or passive filtering of any kind, or insufficient space in a participant’s email account to receive email messages. Released Parties are not responsible, and may disqualify you, if your email address or other contact information does not work or is changed without prior written notice to Sponsor. Without limiting any other provision in these Official Rules, Released Parties are not responsible or liable to any entrant or winner or any person claiming through such entrant or winner for failure to supply the prize or any part thereof in the event that any of the Sweepstakes activities or Released Parties’ operations or activities are affected, as determined by Sponsor in its sole discretion, including, without limitation, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, pandemic, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any law, rule, regulation, order or other action adopted or taken by any governmental, federal, state or local government authority, or any other cause, whether or not specifically mentioned above.
11. LICENSE AND GENERAL RULES: By entering the Sweepstakes (except where prohibited by law), each entrant grants the Released Parties the irrevocable, sublicensable, absolute right and permission to use, publish, post, or display his or her name, Entrant Content, photograph, likeness, voice, prize information, biographical information, any quotes attributable to him or her, any other indicia of persona, and any information contained in or submitted as part of his or her entry (regardless of whether altered, changed, modified, edited, used alone, or used with other material in the Released Parties’ sole discretion) for advertising, trade, promotional and publicity purposes without further obligation or compensation of any kind to him or her, anywhere, in any medium now known or hereafter discovered or devised (including, without limitation, on the Internet), world-wide, without any limitation of time, and without notice, review, or approval and each entrant releases all Released Parties from any and all liability related thereto. Nothing contained in these Official Rules obligates Sponsor to make use of any of the rights granted in these rules and winner waives any right to inspect or approve any such use.
Sponsor’s decisions will be final in all matters relating to this Sweepstakes, including interpretation of these Official Rules, determination of any winner, and awarding of any prize. All participants, as a condition of entry in the Sweepstakes, agree to be bound by these Official Rules and the decisions of Sponsor. Failure to comply with these Official Rules may result in disqualification from the Sweepstakes. Participants further agree to not damage or cause interruption of the Sweepstakes and/or prevent others from participating. Sponsor reserves the right to restrict or void online entries or participation from any IP address if any suspicious entry and/or participation is detected. Sponsor reserves the right, in its sole discretion, to void entries of any entrants who Sponsor believes have attempted to tamper with or impair the administration, security, fairness, or proper play of the Sweepstakes. Sponsor’s failure to or decision not to enforce any provision in these Official Rules will not constitute a waiver of that or any other provision. In the event there is an alleged or actual ambiguity, discrepancy, or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials, the Invitation Post, and/or these Official Rules (including any alleged discrepancy in these Official Rules), it will be resolved by Sponsor in its sole discretion. Entrants waive any right to claim ambiguity in any Sweepstakes materials, Invitation Post, or these Official Rules. If Sponsor determines, at any time and in its sole discretion, that a winner or potential winner is disqualified, ineligible, in violation of these Official Rules, or engaging in behavior that Sponsor deems obnoxious, inappropriate, threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to disqualify that winner or potential winner, even if the disqualified winner or potential winner may have been notified or displayed or announced anywhere. The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules will otherwise remain in effect and will be construed in accordance with their collective terms as if the invalid or illegal provision were not contained herein. If the Sweepstakes is not capable of running as planned for any reason, Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Sweepstakes and award the prize from eligible entries received prior to cancellation, modification, or suspension or as otherwise deemed fair and appropriate by Sponsor. If any person supplies false information, obtains entries by fraudulent means, or is otherwise determined to be in violation of these Official Rules in an attempt to obtain any prize, Sponsor may disqualify that person and seek damages from him or her and that person may be prosecuted to the full extent of the law. In the event of a dispute concerning who submitted an entry, the participant will be declared to be the natural person associated with the Platform account used to enter the Sweepstakes. If a dispute cannot be resolved to Sponsor’s satisfaction, in its sole discretion, the entry will be deemed ineligible. Caution: Any attempt to damage any online service or website or to undermine the legitimate operation of a drawing violates criminal and civil laws. If such an attempt is made, sponsor may disqualify any participant making such attempt and may seek damages to the fullest extent permitted by law.
12. GOVERNING LAW/DISPUTES/ARBITRATION: You agree that these Official Rules and your participation in the Sweepstakes are governed by the laws of the state of South Carolina excluding its conflict of laws principles. Both you and Sponsor waive the right to a trial by jury and the right to bring or resolve any dispute as a class, consolidated, representative, collective, or private attorney general action. Notwithstanding any provision in the JAMS (defined below) rules to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, collective, or private attorney general action or to consolidate, join, or otherwise combine the claims of different persons into one proceeding.
The arbitration proceedings will be governed by federal arbitration law and by the JAMS rules. Except for disputes relating to the infringement of your or Sponsor’s intellectual property (such as trademarks, trade dress, copyright and patents) or where Sponsor is seeking injunctive relief (the “Excluded Disputes”), you and Sponsor each agree to finally settle all disputes only through arbitration. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award are final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to these Terms will be resolved solely by binding arbitration before a sole arbitrator under the Streamlined Arbitration Rules & Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within thirty (30) days of the filing of a “Demand for Arbitration,” then either party can elect to have the arbitration administered by another mutually agreeable arbitration administration service that will hear the case. If an in-person hearing is required, then it will take place in or near Garden City Beach, South Carolina or – if required by the JAMS rules (or the rules of any alternate arbitration service used by the parties) – in or near your city of residence. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions or class arbitrations; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, or for any Excluded Disputes, then the agreement to arbitrate does not apply and the dispute must be brought in a court of competent jurisdiction in or near Garden City Beach, SC. Subject to you demonstrating that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the administrative and arbitrator’s fees charged to you by JAMS (or an alternate arbitration service) as the arbitrator deems necessary to prevent the arbitration from being cost prohibitive to you as compared to litigation. Either party may, notwithstanding this provision, bring qualifying claims in small claims court. In no event will you seek or be entitled to rescission, injunctive or other equitable relief or to enjoin or restrain the operation or exploitation of this Sweepstakes or any other property of Sponsor (provided that nothing in these Official Rules will restrain a California resident’s right (if any) under applicable law to seek public injunctive relief in accordance with this dispute-resolution provision). The rules of JAMS and additional information about JAMS are available on the JAMS website. By agreeing to be bound by these Official Rules, you either (a) acknowledge and agree that you have read and understand the rules of JAMS or (b) waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
Further, in any such dispute, under no circumstances will you be permitted or entitled to obtain awards for, and hereby waive all rights to claim, incidental or consequential damages. The prior limitation on damages is not intended to limit the Released Parties’ obligation (if any) to pay prevailing party costs or fees if recoverable pursuant to applicable law.
13. ENTRANT’S PERSONAL INFORMATION: Please see the privacy policy located at https://www.seastar-realty.com/privacy-policy for details of Sponsor's policy regarding the use of personal information collected in connection with this Sweepstakes. If you are selected as a winner, your information may also be included in a publicly-available winners’ list.
14. WINNERS’ LIST/OFFICIAL RULES: For information about who won, send an email to rentals@seastar.info with the subject line “Sea Star Realty Holiday Giveaway Winners.” For a copy of these Official Rules, print this page or send an email to rentals@seastar.info with the subject line “Sea Star Realty Holiday Giveaway Rules.” Requests for winner information must be received no later than three (3) months after the end of the Sweepstakes Period.