OFFICIAL RULES

CONTEST FOR CHANGE
OFFICIAL RULES - 2010
 
Contest for Change™ Rules & Regulations
 
Void where prohibited by law. By entering the Contest for Change™ ("CFC"), contestants consent to be bound by these Official Rules, which shall constitute a contract between contestants and GUTSOE Inc. ("Sponsor"). All decisions of Sponsor with respect to the Contest shall be final.
 
Sponsor shall administer one or more contests through its Contest website (www.contestforchange.com). Interested contestants shall have the ability to play one or all of the active Contests and in doing so, will compete with other contestants for designated prizes. Each Contest will offer a residence and real property as the Contest Prize subject to the Rules and Regulations set forth herein.
 
The following rules (the "Official Rules") govern the contest(s):
 
Contest Period
Each contest period shall begin at 12:00 A.M. Pacific Time on a designated starting date and shall continue to 11:59 P.M. Pacific Time on a designated stopping date unless extended or shortened by Sponsor in accordance with these rules ("Contest Period"). The starting date for each Contest shall be listed and identified on the Contest website at www.contestforchange.com . All contestants must enter and complete the contest no later than Midnight Pacific Time, on the final day of the contest to be eligible for the designated Contest prize.
 
The Contest Period(s) may be shortened, at the sole discretion of the Sponsor, in the event that the minimum number of contestant entries required for the designated Contest is received before the expiration of the established Contest Period. In addition, each Contest Period may be extended for a period of up to three (3) additional months in the event that the stated number of contestant entries has not been met.
 
If the required number of entries for each contest is not met, the Sponsor may elect in its sole discretion to select a winner and award a prize.
 

Eligibility
To be eligible to win, a contestant must be at least 18 years old as of the date of entry, pay the requisite entry fee, and comply with these Official Rules. The Contest is open to all individuals world-wide, not-for-profit organizations, for-profit corporations, or investors, and is null and void wherever prohibited by law. Officers, directors, and employees of Sponsor and judges of the Contest and its affiliates, as well as those individuals’ immediate family members and the residents of their households are not eligible.
 
Sponsor reserves the right, exercisable upon its sole discretion, to disqualify any individual it finds has: (1) violated these Official Rules; (2) interfered with, or attempted to manipulate, the Contest or Contest results; (3) violated any law or regulation by participating in the Contest; or (4) provided false information to Sponsor.
 
Sponsor has endeavored to comply with all legal requirements in developing Contest and does not desire to accept entries from residents of jurisdictions where the Contest does not comply with the laws of the jurisdiction in which the individual resides. If any governmental entity determines that a contestant violates applicable laws or regulations, the Sponsor shall have the option, in its sole discretion, to disqualify the contestant in the Contest and return any associated entry fee. Sponsor makes no representation regarding accessing the materials on this Site from jurisdictions where its contents or the Contest is illegal or prohibited. Those users who choose to access this Site from other locations do so at their own risk and are responsible for compliance with all local laws and regulations.
 
 
How to Enter
Eligible individuals may enter the Contest by accessing the contest website at www.contestforchange.com. All contest entry fees are non-refundable. Contestants may select and compete in the Contest of their choice by paying the required entry fee to Sponsor during the Contest Period. Upon payment and acceptance of the required entry fee a contestant will be allowed to compete. An individual may enter as many times as he or she desires so long as each entry satisfies the entry requirements. To qualify for entry into the Contest, all entries must include the following:
 
A paid entry fee as specified for the desired Contest. Sponsor acceptspayment via the Contest website at www.contestforchange.com. Sponsor will not accept personal checks, money orders, cashier’s checks or cash. All Contest entry fees will be held until the Contest is closed and the prize property has been awarded to the winning contestant. Upon payment of the required entry fee, each contestant will be given access to the Contest page where the entry may be completed.

All registrations and credit card payment transactions related to participation in any contest shall also be governed by the Contest Facilitation Agreement available for your review at http://www.acteva.com/pba/38908/cfa and incorporated herein for all purposes.
 

Skill Game Contest Guidelines
Each contest is designed and intended to be a "contest of skill." In order to be eligible to win a property, each contestant will pay a $100 entry fee and Tell us your story to answer the question: "How would winning a home CHANGE your life?" Each contestant will need to submit a story answering the above question per property. Once the number of entries needed for a contest is achieved the contest will close and the stories will be reviewed by a panel of judges based upon which contestant will benefit most from winning a house, together with that contestant’s writing skills. An individual who enters the Contest(s) multiple times must pay a separate entry fee for each attempt and must use a different story in the same contest.


Determination of Winner
Winners for a designated Contest will be determined based upon the contents of the story and writing skills. Because this is a "Contest of Skill", there are no "odds" of a particular contestant being the final winner. However, Sponsor reasonably anticipates that the Contest prize will be awarded from the total number of contestant entries, once the Sponsor elects to close the Contest. Number of Entries and Odds of Winning are One (1) out of all entries received.

 
Prize
There will be only one (1) winner chosen for each separate Contest as designated on the Contest website at www.contestforchange.com. Before entering any Contest, Contestants should carefully review terms of each contest. Provided that the number of contestant entries has been received, the winner will be awarded fee-simple title to the real property identified for that Contest as designated on the Contest website (www.contestforchange.com).

In the event that the Sponsor has not received the number of entries, the contest can be extended for another three months at the sole and exclusive discretion of CFC. If the home is not available due to circumstances outside of the control of CFC, as determined by CFC, the Contest Winner will instead have no election and will receive the cash alternate prize. A minimum number of tickets must be sold by 5pm, on the date selected for closing of the contest for the Contest Winner to have a choice of the House or the cash alternate prize. If fewer than the numbers of tickets are sold by 5pm on the date of the contest closing, the Contest Winner will receive a sum equal to 75% of Twenty Percent of the Gross Receipts of the Contest,the subject contest Homeowner will receive 25% of Twenty Percent of the Gross Receipts of the Contest and a Charity will receive minimum $5,000 (1,000-5,000 entries); $10,000 (5,000-10,000 entries); $25,000 (10,000 entries and up). In this case the Winner and homeowner of cash prizes are responsible for all taxes. All entry money is non-refundable. CFC reserves the right to pay the Contest Winner from sources other than the gross receipts of the contest. Contest Winner has the option of selling the contest prize winning home back to CFC for 10% of the contest home value (not total value of contest entries).

If real property is awarded as the Contest prize, it will be granted Fee-Simple Title to the property, free from any mortgage with property taxes prorated and paid up-to-date at time of closing. The property will be transferred to the Contest winner along with a title insurance commitment, the cost of which shall be paid by the Sponsor. Additional closing costs will be paid by the Sponsor, with such costs being limited to attorney, title company services, and related mailing fees for signatures related to the legal transfer of the property. The winner is not obligated to attend a closing for the property, however, if said winner so chooses to attend the closing, said winner will be responsible for all of their own personal costs and expenses associated with their attendance at the closing of the property, including but not limited to their own transportation to and from the closing, hotel, meals, etc.

The transfer of the residence be completed exclusively by Fidelity National Title company on or before three (3) months following the end of the Contest Period. The exact closing date shall be set by the title company. Real property awarded as a Contest prize shall be awarded "AS IS" and "WITHOUT WARRANTY OF ANY KIND BY SPONSOR OR ANY OTHER PERSON", expressed or implied, (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose).

There are NO income taxes for you to pay. Sponsor shall pay the maximum Federal and State income tax required for the listed value of the property. However, in the event you do not want the property, then CFC will purchase the property back from you for 10% of the contest home value (not the total amount of entries) with no strings attached. All Federal and State taxes for the cash prize will then be the responsibility of you the winner.

Except where prohibited by law, the winner must execute and provide to Sponsor the following: (1) Affidavit of Eligibility, attesting to the winner’s eligibility and compliance with the Official Rules; (2) a Liability Release, releasing Sponsor from any liability arising out of the Contest; and (3) a Publicity Release, allowing Sponsor to use the winner’s name, likeness, voice and biographical information for publicity purposes. Winner will also be required to provide any other information needed by Sponsor to comply with applicable laws and regulations, including those relating to the payment of income taxes. By accepting a prize, winner grants Sponsor permission for the use of his/her name, likeness and biographical information for advertising and promotional purposes without additional compensation, except where prohibited by law. Should you be unwilling to provide any of the above to CFC, you will automatically make the election for the cash alternative prize.

The Sponsor has made every effort to display the real property and improvements as accurately as possible. Please note however that variations in color, display and appearance may be apparent depending upon the capability of particular monitors, servers and printers, which may greatly affect the actual representation of the Contest property. Sponsor is not responsible for any variations in the representation of the subject property.

The winner may be notified by email, phone and/or in writing by overnight courier within ten (10) days of the prize being awarded. If the Sponsor is unable to confirm the winner within seven (7) days of notification being sent, or if a winner is disqualified, then the prize will be forfeited and awarded to an alternate Winner as determined solely by CFC. The name of the winner will also be posted on www.contestforchange.com . Sponsor is not responsible for misdirected mail or inaccuracies in the address provided by the Contestant.
 

Limitations of Liability
In no event will Sponsor, its respective officers, directors, employees, representatives or agents, immediate family, members or residents of their households, or judges of the Contest, Sponsor, its affiliates or their employees and partners, the Sponsor’s web designer or their respective officers, directors, employees, representatives or agents, immediate family members or residents of their households be responsible or liable for any damages or losses of any kind, including direct, indirect, incidental, consequential, statutory or punitive damages. Without limiting the foregoing, with respect to the Contest and to the Prize(s), Sponsor makes no warranty of any kind, either express or implied, including but not limited to, the implied warranties or merchantability of fitness for a particular purpose. Some jurisdictions may not allow the limitations or exclusion of liability for incidental or consequential damages or exclusion of implied warranties so some of the above limitations or exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding these limitations or exclusions.
 

Dispute Resolution
By entering the Contest, each entrant agrees that any controversy or claim arising out of or relating to the participation in the Contest shall be settled by arbitration, before a single arbitrator, administered by the American Arbitrations Association under its Residential arbitration rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The locale of the arbitration shall be in Los Angeles, Los Angeles County, California USA, and shall not be subject to transfer to another venue or locale for any reason. By entering the Contest, each contestant further agrees that the contestant will not commence or participate in any litigation or proceeding, either as a class representative or as a class member, and that contestant will never seek to obtain from Sponsor awards for, and he hereby waives all rights to claim, statutory, punitive, incidental, or consequential damages, or any other damages, including attorney’s fees, other than actual out-of-pocket expenses (i.e. costs associated with entering the Contest).
 

Copyright Ownership and License
Contestants acknowledge and agree that their name, city, state and contact information are non-confidential for all purposes and the Sponsor may disclose this information in conjunction with announcements related to prize winners and contests.


Governing Law
Sponsor from its offices located in California, in the USA controls this Site. The Site can be accessed from all 50 states, as well as from other countries around the world. As each of these jurisdictions has laws and regulations that may differ from those of USA, by accessing this Site, both you and the Sponsor agree that the statutes and laws of the USA without regard to conflicts of laws principles thereof, will apply to the Contest, these Official Rules, the entire relationship between Sponsor and Contestants, and any legal proceeding arising there from (whether grounded in tort, contract, law or equity). In the case of a dispute, subject to the provisions of the Dispute Resolution paragraph above, you and Sponsor agree any litigation arising between the parties hereto shall be brought only in the state or federal courts having subject matter jurisdiction in Los Angeles, California USA. You have irrevocably and unconditionally consented to the jurisdiction of any such court and hereby irrevocably and unconditionally waive 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 on account of the place of residence or domicile of any party thereto.
 

Severability of Illegal Provisions
Wherever possible, each provision of the Rules and Regulations shall be interpreted in such a manner as to be effective and valid under applicable law. Should any portion of this document be declared invalid for any reason, such declaration shall have no effect upon the remaining portions.
 

Rights of Third Parties
Unless expressly stated herein to the contrary, nothing in these Rules and Regulations, whether express or implied, is intended to confer any rights or remedies under or by reason of these rules on any persons other than the parties hereto and their respective legal representatives, successors and permitted assigns.
 
 
Amendment of Rules
Sponsor may amend the Official Rules in its sole discretion. Amendments will be posted on the Sponsor Website at www.contestforchange.com . Unless otherwise specified, any amendments will become effective on the day they are posted on the Sponsor’s website.
 

Entire Agreement
These Rules and Regulations, including exhibits, (if any) contain all agreements between the Sponsor and contestants. There are no other representations, warranties, promises, agreements or understandings, oral, written or implied, among the Parties, except to the extent reference is made thereto in these rules. Sponsor
 
The name of the Contest Sponsor is: GUTSOE, Inc., a California corporation.
 
Rules Prepared by:
LAW OFFICES OF MARK C. SHERWOOD
340 N. Westlake Blvd., Suite 220
Westlake Village, California 91362