Parade of Homes : Rules & Regulations
ENTRY REQUIREMENT:
1. Parade Home entries all of its equipment and features are new and have never been occupied.
2. The published price will reflect the actual selling price of the home as if no sponsorships or donations had been provided.
3. All entries open for public viewing shall be located within Houston, Harris County or the surrounding counties: Fort Bend, Montgomery, Galveston, and Brazoria.
4. Builder understands that Builder must indicate on the official entry form the appropriate category for each of the parade entries. The category selected will be applicable for judging purposes. Builder understands that failure to adhere to the category definitions as listed on the official entry form will result in the entry being ineligible for an award and no refund of entry fee will be given.
5. All information on the parade forms will come from the builder/developer and will be builder/developer responsibility. No information is to be dispensed by any realtor, sales person, or agent for the entry process. For any questions, builder/developer can be reached during business hours at the number listed at the beginning of this form.
6. No entry, entrant, or participant may charge admission or solicit donations for access to their entry featured in the 2009 Parade of Homes®. In addition, no entry, entrant, or participant may sell any other product other than residential homes or products associated with residential homes at their home featured in the 2009 Parade of Homes®.
ENTRY FEES: $1,000 per home entered
KEY DATES & DEADLINES:
Entry Deadline: July 17, 2009
PARADE DATES:
August 1 – 9, 2009
Hours are as follows:
Sunday – Friday, 12:00 PM – 6:00 PM
Saturday, 10:00 AM – 6:00 PM
Gated community entries must obtain approval from their respective community and facilitate entry for the public during all parade hours.
PARADE STEERING COMMITTEE:
2009 Parade of Homes® Chairman
Colleen Ellison
Ashleigh Genzer
RECITALS
The Greater Houston Builders Association presents the "Parade of Homes®", a program designed to promote and stimulate interest in the new home industry and generate physical traffic to the participating homes.
NOW THEREFORE, for the Consideration, the parties agree to the following contract terms:
1. PROMOTION: The Greater Houston Builders Association will promote the Parade of Homes® in order that attention is placed on the event and that a high degree of visibility is obtained. In consideration of the Builder’s inclusion and participation in the 2009 Parade of Homes®, the builder will secure permission to duplicate, use and depict in any and all Parade of Homes® advertisements and promotional material, regardless of medium, the copyrighted architectural design and/or plans for the entered Parade Home.
a. Each parade entrant will receive the following: two yard signs indicating participation; presence on the 2009 consumer’s website; and media kit.
b. Each parade entrant in the 2009 Parade of Homes® understands that information about their entry including graphics and pictures will be published on the Internet. Each entrant understands that it is their responsibility to provide legible digital photos of their entry for Internet use.
c. Builder hereby releases GHBA from any responsibility or liability associated with any errors or omissions from information published at the GHBA or in any 2009 Parade of Homes® advertising material whether print, TV, radio, internet, or any other media.
2. JUDGING: Judging will be done by consumers and realtors respectively in each parade. Consumers and realtors will be given a scorecard to assess basic elements of the homes. At the completion of the parade, the ballots will be tallied, and winners will be notified via mail.
3. ENTRY FEE: Builder will pay an Entry Fee of $1,000 per home
4. DEADLINES: Builder will recognize and strictly comply with the following deadlines:
a. Home Description Deadline: The last day on which a Builder must submit to the Association a maximum 200 word description on the Parade Home(s) to be exhibited in the Parade of Homes® shall be the July 17, 2009.
b. Plans, Home Description and photo Deadline: The last day on which the principal owner of a firm that has entered a home for exhibition in the Parade of Homes® must submit a photograph to be exhibited in the Parade of Homes® promotions and publications shall be the July 17, 2009.
5. CONDITION OF PARADE HOMES: The Parade of Homes® Steering Committee may perform periodic inspections of all homes entered for the Parade of Homes®. The Parade of Homes® Steering Committee shall declare a builder in DEFAULT of this Agreement if his or her Parade Home is not fully completed by the July 17, 2009. A builder’s Parade Home may be reinstated for the Parade of Homes® and DEFAULT status changed only upon approval of the Parade of Homes® Steering Committee.
6. PARADE HOME OCCUPANCY: Builder's Parade Home shall not be occupied on or during the Parade of Homes®. "Occupied", as used herein, will be inhabited; however, such Parade Home may be sold to a future occupant so long as the Parade Home is unoccupied during the Parade of Homes®.
7. OPEN TIMES: The times at which such Parade Home(s) will be open shall be those reasonable times as designated by the Board of Directors of the Association; such designations will be made on or before thirty (30) days prior to the opening day of the Parade of Homes®. All participating Parade Homes will be opened and attended by Builder or Builder's representative during the designated "open times." All Parade Homes will be open to the public during the designated “open times.” Air conditioning and lights must remain on during the designated "open times," and all trash must be properly maintained.
8. INCLEMENT WEATHER: In the event of inclement weather it shall be the decision of the Parade of Homes® Steering Committee to close the Parade and the Committee shall notify all builder participants.
9. POSTPONEMENTS: The Association’s Board of Directors reserves the right by resolution to postpone and reschedule the Parade of Homes® on or before the August 1, 2009. The parties hereto shall continue to be bound to this Agreement except as such terms are modified by the changed dates including, but not limited to the Completion Deadline and the Parade of Homes®.
10. CANCELLATION: The Association’s Board of Directors reserves the right to cancel the Parade of Homes® and issue refunds in the following manner:
a. If it is determined not later than the July 17, 2009 that there is an evident lack of interest of builders willing to participate, the Parade of Homes® by resolution of the Association’s Board of Directors may be cancelled. Refunds shall be issued to the builder equal to 100% of the Entry Fee for each home(s) he or she has entered in the Parade of Homes®.
b. Only by an Act of God or War, occurring after the date of the August 1, 2009, may the Parade of Homes® be cancelled by resolution of the Association’s Board of Directors. Refunds of 65% of the amount paid for entry shall be issued to the builder for each home(s) he or she has entered in the Parade of Homes®.
11. DEFAULT: In the event Builder is in default of this Agreement, Builder will forfeit to the Association, as liquidated damages the Entry Fee and shall surrender any and all Association property provided to Builder for the purpose of Parade of Homes® promotion. If a builder defaults because his or her home is determined to be "not complete" and if the condition of the home poses a danger to the general public, the association reserves the right to post appropriate signs to advise the general public of the hazard. The liquidated damages set forth above constitute stipulated sums of money as a reasonable estimate of potential damage and is agreed upon as adequate compensation. Furthermore, and in addition to the foregoing, after notice and hearing, the Association has the right and authority to terminate the Builder’s membership in the Association in the event a knowing breach of contract was committed.
12. INDEMNIFICATION: Builder agrees to indemnify, defend and hold harmless the Association including its Parade of Homes® Committee, employees, directors, member officers, subsidiaries, affiliates, shareholders, attorneys, successors and assigns, from any claims, causes of action, demands, damages, expenses, costs, fees (including attorneys’ fees) and judgments of any kind which may be made against any or all of them arising out of or in any way relating to the Builder’s participation in Parade of Homes®. This indemnification agreement includes, without limitation claims for bodily injury, death, damage or loss of personal property, breach of warranty, or breach of contract, and claims arising out of the acts or omissions of Builder, or subcontractors or agents employed by the Builder. Builder further agrees that the GHBA is not responsible for any loss or damage of any kind to the entry home (in the parade).
13. COPYRIGHT: Builder represents that the house to be placed in the 2009 Parade of Homes® is the result of an original design, and that Builder has obtained the legal rights to use the design from the copyright owner in and to the design as represented in the structure plans, specifications, and drawings for the house. Builder further represents that Builder has not pledged, assigned, or encumbered the rights to the design, and that such design does not violate any copyright, property, or common law rights of others. Builder hereby indemnifies and holds harmless the GHBA from any and all claims of third parties including but not limited to copyright infringement or conversion which may be asserted as a result of the inclusion of the house in the 2009 Parade of Homes® or the inclusion of drawings, floor plans, or photographs of the house in any publication of the GHBA including websites publicizing or in conjunction with the 2009 Parade of Homes®.
14. INSURANCE: Builder agrees to carry public liability insurance (minimum of $500,000) on each parade entry home from August 1st through August 9, 2009. Builder understands that receipt by GHBA of a copy of the certificate of insurance is a requirement of entry and that Greater Houston Builders Association must be listed as an additional insured party. If insurance is cancelled for any reason, Builder will immediately notice GHBA, and the home(s) will be pulled from participation in the Parade of Homes®. No refund of any entry fee shall be given.
15. VIOLATIONS: Any violation of these rules will result in suspension of Builder’s 2009 Parade of Home® privileges without refund of entry fee, and Builder’s company may be barred from participating in the GHBA 2010 Parade of Homes®. All decisions regarding rule violations and/or interpretation or application of said rules shall be made by the Parade of Home® committee and/or the GHBA executive committee, and are final and binding.
16. MISCELLANEOUS:
a. Assignment: This Agreement may not be assigned, sold or conveyed without the prior written consent of the Association.
b. Alternative Dispute Resolution: The parties agree to mediate in good faith to resolve any dispute under this Agreement. If the dispute is not fully resolved in mediation, the dispute shall be submitted to binding arbitration in Harris County utilizing the American Arbitration Association’s Commercial Arbitration Rules.
c. Applicable Law: This Agreement along with any attachments shall be construed in accordance with the laws of the State of Texas.
d. Attorney's Fees: Any party to this Agreement who is the prevailing party in any legal proceeding against any other party brought under or in connection with this Agreement or the subject matter hereof, will be additionally entitled to recover court costs and reasonable attorney fees, and all other litigation expenses, including deposition costs, travel and expert witness fees from the non-prevailing party.
e. Binding Effect: This Agreement will be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, representatives, successors and assigns where permitted by this Agreement.
f. Counterparts: This Agreement may be executed in any number of counterparts with the same effect as if all signatory parties had signed the same document. All counterparts will be construed together and will constitute one and the same instrument.
g. Notices: Any notice or communication required or permitted hereunder will be deemed to be delivered, whether actually received or not, when deposited in the United States mail, postage fully prepaid, registered or certified mail, and addressed to the intended recipient at the address shown herein, and if not so shown, then at the last known address according to the records of the party delivering the notice. Notice given in any other manner will be effective only if and when received by the addressee. Any address for notice may be changed by written notice delivered as provided herein.
h. Severability: If any provision of this Agreement shall be deemed void or unenforceable, such provision shall be deemed severed from this Agreement and the remainder of this Agreement shall otherwise remain in full force and effect.
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