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The Bowen Family Homes Prospect Penny Toss 
OFFICIAL RULES

PROMOTION DESCRIPTION: The Bowen Family Homes Prospect Penny Toss (the “Promotion”) gives participants the opportunity to participate in a “Penny Toss” as described below, to qualify for the “Grand Finale Event” whereby participants will be eligible for prizes. Qualification for the Promotion begins on or about September 8, 2009 and ends on November 8, 2009 (the “Qualification Period”). The Grand Finale Event is currently scheduled to take place on November 10, 2009. Participation in the Promotion does not constitute entry into any other promotion, contest or sweepstakes. By participating in the Promotion, each participant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Bowen Family Homes, 6650 Sugarloaf Parkway, Duluth, GA 30097 (“Sponsor”), which shall be final and binding in all respects.

ELIGIBILITY: Only legal U.S. residents who are eighteen (18) years of age or older are eligible to participate. Sponsor, SCA Promotions (“Administrator”), and each of their respective parents, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies and each of their respective officers, directors and employees (collectively, the “Promotion Entities”) and the immediate family members, and/or those living in the same household of each, are ineligible to participate in the Promotion or win a prize.

HOW TO PARTICIPATE/QUALIFICATION PERIOD:

During the Qualification Period, eligible participants may receive qualifying tosses into a fish bowl as follows:

• Tour a Bowen Family Homes community and register for the Promotion – 1 toss
• Pre-Qualify to purchase a home with the Sponsor’s preferred lender – 3 tosses
• Enter into a contract to purchase a home with Sponsor – 5 tosses

The first one-hundred (100) participants (each, a “Finalist” and collectively, the “Finalists”) to successfully complete a toss into the fish bowl will be eligible to participate in the Grand Finale Event, as described below. Any participants who successfully complete a toss into the fish bowl after the Finalists have been selected may attend the Grand Finale Event as a “Runner-Up” and may be eligible to compete in the Grand Finale Event should fewer than one-hundred (100) Finalists attend the Grand Finale Event.

To successfully complete a toss into the fish bowl, you must comply with the following conditions:

• Participants must provide their own pennies for participation during the Qualification Period (Sponsor and/or Administrator reserve the right to inspect any pennies used during the Qualification Period);
• Participants will not be permitted any practice, warm up, or qualifying tosses;
• Participants will be permitted a pre-determined number of tosses based on the specification outlined above;
• The toss must be made from behind a demarcation line (“Demarcation Line”) located a distance from the fish bowl of no less than ten feet (10’) as determined by the Sponsor and/or Administrator in their sole discretion; and
• The entire penny must land in and remain in the fish bowl, after entering the fish bowl on the fly, and prior to coming in contact with any object or person (other than the fish bowl itself). 

The decisions of Sponsor and/or Administrator are final and binding in determining whether any qualifying toss qualifies a participant for the Grand Finale Event. Once being declared a Finalist or Runner-up, each participant must complete a “Contestant Agreement to participate in the Grand Finale Event”.

GRAND FINALE EVENT:

To participate in the Grand Finale Event, all Finalists must be present and checked in at the Grand Finale Event location no later than 9:00:00 a.m. on the day of the Grand Finale Event. Should any Finalist not be present and checked in by this time, he/she will be considered a “no show” and his/her designation as a Finalist in the Grand Finale Event will be turned over to a Runner-Up, who will then become a Finalist. Runner-Ups will receive vacant Finalist positions in the order in which they qualified as a Runner-Up. In no event will the Grand Finale Event proceed with more than one-hundred (100) participants. Sponsor reserves the right to proceed with the Grand Finale Event should fewer than one-hundred Finalists and Runners-Up attend the Grand Finale Event.

Once all Finalists are determined and accounted for, each Finalist will select a prize envelope (“Prize Envelope”). The name of the Finalist will then be written on the outside of the Prize Envelope he/she selected.

The Grand Finale Event will work as follows:

• Finalists will not be permitted any practice, warm up, or qualifying tosses;
• Each Finalist is permitted only one (1) attempt to successfully toss a U.S. penny into a fish bowl. The outside diameter of the lip of the bowl must not exceed four inches (4”). The penny must not come in contact with any object other than the bowl; 
• The toss must be made from behind a demarcation line (“Demarcation Line”) located a distance from the bowl of no less than fifteen feet (15’);
• The Finalist’s feet must be behind the Demarcation Line prior to the Finalist releasing the penny;
• In the event a Finalist’s entire penny land in and remain in the bowl after entering the bowl on the fly, and prior to coming in contact with any object or person (other than the bowl itself), that Finalist is eligible to move on to the “Tie-Breaker Round”;
• In the event only one (1) Finalist successfully completes a toss, that Finalist will be declared the winner. In the event no Finalists complete a toss after the first attempt, all Finalists will move forward five (5) feet from the original Demarcation Line and have the opportunity to successfully complete another toss. This will continue until at least one (1) person successfully makes the toss. 

In the event a Tie-Breaker Round is necessary, it will work as follows:

• Each of the Finalists who successfully complete their first toss will back-up five (5) feet from the original Demarcation Line and attempt to successfully complete a toss using the same restrictions as above;
• This will continue until only one (1) Finalist successfully completes a toss and is declared the winner; and
• All non-winning Finalists who participate in the Tie-Breaker round will receive $100 cash.
Once a winner is determined, he/she will open his/her Prize Envelope to determine what prize he/she has won. 

PRIZES/APPROXIMATE RETAIL VALUES: 

The following prizes are available to be won in the Promotion. Only one (1) prize will actually be awarded as described above. 

Grand Prize – One envelope will contain the Grand Prize Message which is A New Bowen Home located at 921 Reap Lane, Lawrenceville, GA 30043, not to exceed $150,000 cash. The odds of winning the Grand Prize are 1:100. 
First Prize – Ninety nine envelopes will contain the First Prize message which is $2,500 cash. The odds of winning the First prize are 99:100. 

GENERAL PRIZE CONDITIONS: No cash alternative or prize substitutions will be allowed, except Sponsor reserves the right to substitute prize(s) of comparable value if a prize listed, or any portion thereof is unavailable for any reason. Prize winner shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize. Any potential Finalist and/or Runner-Up may be required to execute an Affidavit of Eligibility, a Liability Release, and (where imposing such condition is legal) a Publicity Release (collectively, “Prize Claim Documents”). If winner fails or refuses to sign and return all Prize Claim Documents prior to the Grand Finale Event, winner may be disqualified and an alternate winner may be selected. If any potential Finalist and/or Runner-Up and/or winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines the prize for any reason prior to award, such potential Finalist and/or Runner-Up and/or winner will be disqualified.

Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished by third parties in connection with the Promotion. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.

GENERAL: Acceptance of a prize and participation in the Promotion as a Finalist and/or Runner-Up constitutes such individual’s permission for Sponsor to use his/her name, photograph, likeness, voice, biographical information, statements and address (city and state) for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation. Participants agree that the Promotion Entities (A) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Promotion or any Promotion-related activity, or from participants’ acceptance, receipt, possession and/or use or misuse of any prize, and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose. These Official Rules cannot be modified or amended in any way except in a written document issued by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these Official Rules shall 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 shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

GOVERNING LAW/JURISDICTION: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF PARTICIPANTS OR SPONSOR IN CONNECTION WITH THE PROMOTION SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF GEORGIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.

WINNER’S LIST: Any legally required winner’s list may be obtained by sending a self-addressed, stamped envelope to: Prospect Penny Toss Winner, PO Box 191613, Atlanta, GA 31119. All such requests must be received within six (6) weeks after the date of the Grand Finale Event.

 
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