Railway Flats Shopping Spree Giveaway



  1. SWEEPSTAKES DESCRIPTION: Railway Flats Shopping Spree Giveaway (the “Promotion”) is offered by MMF Railway, LLC, a Delaware limited liability company, located at 2105 Hopper Lane, Loveland, CO 80538 (“Railway Flats”). You may enter the Promotion from [the 10th day of October 2019], at 10:00 AM Mountain Time through [the 14th day of December 2019], at 5:00 PM Mountain Time (the “Promotion Period”). On December 15th, 2019, a drawing for the Prize will be conducted (the “Drawing”) and a potential winner will be selected. All entries for the Drawing must be received during the Promotion Period to be eligible. Railway Flats’ method of timekeeping is the official time clock for the Promotion and is final and undisputable.

  2. ELIGIBILITY: To be eligible to enter, you must be a legal resident of the United States and be at least twenty-one (21) years of age at the time of entry. VOID WHERE PROHIBITED BY LAW. The following individuals are NOT eligible to enter or win Prizes: any person who is an employee, officer or director of Railway Flats or its property manager, or any immediate family member of a Railway Flats employee, officer, or director, or of its property manager.

  3. HOW TO ENTER: There are four (4) ways to enter the Promotion:

    1. Visit Railway Flats and take a property tour, and you will receive 1 entry into the Sweepstakes.

    2. With an approved lease application for an apartment at Railway Flats, you will receive 5 entries into the Sweepstakes. Application approval is subject to qualification and meeting all lease requirements.

    3. Take legal occupancy of an apartment at Railway Flats on or before December 14, 2019, and you will receive 14 entries into the Sweepstakes.   

    4. You may also enter the Promotion by sending a 3” x 5” postcard that includes your name, address, email address and phone number to:

MMF Railway, LLC

Attn. Railway Flats Property Manager
c/o McWhinney Real Estate Services, Inc.
2725 Rocky Mountain Ave., Suite 200
Loveland, Colorado 80538

and you will receive one (1) entry into the Sweepstakes.  Based on all methods of entry described above, each Promotion participant is LIMITED TO A MAXIMUM OF [20] ENTRIES PER PERSON.  Any attempt to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void such entries and that entrant may be disqualified. Normal time, toll, connection and usage rates, if any, charged by your Internet service provider will apply. AN ENTRY MUST BE RECEIVED DURING THE SWEEPSTAKES PERIOD TO BE ELIGIBLE. No other means of transmission or delivery will be accepted. Late, incomplete or misdirected entries will be declared void and will be ineligible to win.

  1. PRIZE:  There is one (1) prize, consisting of a shopping spree at the Promenade Shops, located at 5971 Sky Pond Dr, Loveland, CO 80538, comprised of a gift card in the amount of $2,500.00 (the “Prize”). The total approximate retail value (“ARV”) of the Prize is two thousand five-hundred dollars ($2,500.00).  

  2. DRAWING: At approximately [3:00 PM Mountain Time on December 15, 2019, Railway Flats will conduct the Drawing and randomly draw one (1) entry from among all eligible entries received. The odds of winning depend on the total number of eligible entries received. The selected entrant will, subject to verification of eligibility and compliance with these Official Rules, be eligible to win the Prize.

  3. AWARDING OF PRIZE: The potential winner will be contacted by phone or email with instructions on how to claim the Prize. The potential winner must follow such instructions and submit his or her required information within twenty-one (21) days of notification. If a potential winner is found to be ineligible or not in compliance with these Official Rules or declines to accept the Prize, or if Railway Flats is unable to contact such person within a reasonable period, or in the event that the Prize notification or Prize is returned undeliverable, the Prize will be forfeited and, at Railway Flats’ sole discretion, the Prize may be awarded to an alternate entrant selected at random. The potential winner may be required to furnish proof of identification to determine eligibility. Before being declared an official Winner, the potential winner may be required to execute and return a Declaration or Affidavit of Eligibility/Liability & Publicity Release and a W-9 form no later than ten (10) business days after the time such forms are postmarked as having been sent by Railway Flats or the potential winner will forfeit the Prize.

The Prize will be provided to the Winner (with the Winner picking up the Prize in person, or having it mailed to his/her home address) within thirty (30) days after the close of the Promotion Period. Prize may not be transferred or redeemed for cash (except to the extent required by applicable law) and must be accepted as awarded, with no substitutions of any kind, except substitutions made by Railway Flats, who reserves the right, in its sole discretion, to substitute the Prize (or portion thereof) with one of comparable or greater value. All federal, state, and local taxes (including income, duty and withholding taxes), if any, as well as any other costs and expenses associated with Prize acceptance and use are the Winner’s responsibility.

By accepting the Prize, the Winner consents to use of his/her name, address (city and state of residence), voice, and statements relating to the Promotion, Railway Flats and/or McWhinney Real Estate Services, Inc. (“MRES”), and photographs or other likeness, without further compensation, notification or permission in any publicity or advertising carried out by Railway Flats or MRES or any related entities in any media without territorial or time limitation, except where prohibited by law.

  1. CONDITIONS OF ENTRY: By entering, you (i) acknowledge compliance with these Official Rules including all eligibility requirements, (ii) warrant that any information you provide in connection with this Promotion is true and accurate, and (iii) agree to be bound by the decisions of Railway Flats which shall be final and binding in all matters relating to this Promotion. Entrants who have not complied with these Official Rules are subject to disqualification and all associated entries will be void.

b. Railway Flats reserves the right to disqualify any entrant’s registration in the Promotion (and void all associated entries) or entitlement to the Prize, if, in the sole discretion of Railway Flats, it determines or suspects that the entrant has attempted to undermine the legitimate operation of the Promotion.

c. If a dispute arises regarding who submitted an online entry, the entry will be deemed to be submitted by the authorized account holder of the email address provided at time of entry and he/she must comply with these Official Rules. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted email address.

d. As a condition of entering, you agree: (i) to release Railway Flats and MRES from any and all liability, loss or damage incurred with respect to participating in the Promotion or the awarding, receipt, possession, and/or use or misuse of the Prize; (ii) that under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim, punitive, incidental, consequential, or any other damages (other than for actual out-of-pocket expenses) from Railway Flats or MRES; (iii) all causes of action arising out of or connected with this Promotion or the Prize awarded shall be resolved individually, without resort to any form of class action; and (iv) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, and in no event will you be entitled to receive attorneys’ fees or court costs. Some jurisdictions may not allow certain limitations on damages or the ability to seek damages through a class action, so some of these restrictions may not apply to you.

e. Railway Flats reserves the right in its sole discretion to cancel, modify or suspend this Promotion at any time, with or without notice, for any reason or no reason, including if fraud, technical failures (including any network server or hardware failure), viruses, bugs, errors in programming, or any other causes corrupt the administration, security or integrity of the Promotion. In the event of cancellation, Railway Flats reserves the right to select the potential winner from among all eligible, non-suspect entries received up to the time of such cancellation.

f. Railway Flats does not warrant that access to the Promotion will be uninterrupted. Railway Flats is not responsible for, and you hereby waive any claim arising from, any problems that may arise, including, without limitation: (i) inaccessible or unavailable networks, websites, or other connection or accessibility problems; (ii) failed, delayed or misdirected communications, including any lost, late, stolen, incomplete, illegible or undelivered entries; (iii) technical malfunctions, printing, clerical, or other errors in connection with the administration of the Promotion or the offering or announcement of the Prize; (iv) the incorrect or inaccurate capture of information, or the failure to capture any information in connection with the Promotion; (v) damage to a user’s system occasioned by participation in this Promotion; or (vi) any other errors of any kind relating to or in connection with the Promotion.


a. Any attempt by an entrant or other individual to deliberately damage or undermine the legitimate operation of this Promotion, including but not limited to any fraudulent claims, is a violation of criminal and civil laws. Should any such an attempt be made, Railway Flats reserves the right to seek remedies and damages (including attorneys’ fees) from any such individual, to the fullest extent permitted by law, including criminal prosecution. Any entrant engaging in any of the foregoing activities may be disqualified (and all associated entries will be void) and will forfeit the Prize won.

b. This Promotion is subject to all applicable federal, state, provincial and municipal laws. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Railway Flats in connection with the Promotion, shall be governed by, and construed in accordance with, the substantive laws of the State of Colorado, without regard to conflicts of law principles. All entrants consent to the jurisdiction and venue of the Federal, state and local courts of Larimer County, Denver, Colorado.

c. In the event of any conflict with any Promotion details contained in these Official Rules and Promotion details contained in other Promotion materials (including, without limitation, any point of sale, online or print advertising), the details of the Promotion as set forth in these Official Rules shall prevail.  

d. This Promotion is sponsored by Railway Flats. Railway Flats’ employees are not authorized to waive, modify or amend any provision or provisions of these Official Rules in any manner whatsoever. All questions, comments or complaints regarding this Promotion must be submitted in writing to: MMF Railway, LLC, Attn. Railway Flats Property Manager, c/o McWhinney Real Estate Services, Inc., 2725 Rocky Mountain Ave., Suite 200, Loveland, CO 80538.

e. MMF Railway, LLC, Attn. Railway Flats Property Manager (Winner’s List), c/o McWhinney Real Estate Services, Inc., 2725 Rocky Mountain Ave., Suite 200, Loveland, CO 80538. You may obtain the name of the Winner by sending a self-addressed postage stamped (unless prohibited by state law) envelope to:

f.  The name of the Winner will be sent within a reasonable time after the Prize has been awarded.

g. Personal information collected from entrants will be used by Railway Flats and its authorized agents to administer this Promotion and to fulfill the Prize, unless you otherwise consent to receive emails or to other promotional purposes. For more information about how Railway Flats manages your personal information, please see Railway Flats’ online Privacy Policy at https://tinyurl.com/y64c3hya.  Personal information may be stored on Railway Flats’ or MRES’ servers, located in the United States.