Give Back November Giveaway
Official Rules And Terms and Conditions
NO PURCHASE NECESSARY TO ENTER OR CLAIM PRIZE. A PURCHASE DOES NOT INCREASE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED. INTERNET ACCESS REQUIRED TO ENTER.
1. Introduction. Give Back November Giveaway (the “Promotion”) is sponsored and promoted by Monrovia, 817 E. Monrovia Place, Azusa, CA, U.S.A. (“Sponsor” and “Promoter”). This is a four week giveaway over the course of November-December 2017 with a different prize announced on Tuesday of each week (November 7, November 14, November 21, November 28) and each prize awarded on the following Monday (November 13, November 20, November 27, December 4, 2017) . Two winners (two different winner for each of the four giveaways) will be selected for each of four different giveaways. The winners will be selected in a random selection from among all entries received on the Monrovia Facebook channel (https://www.facebook.com/monroviaplants/). All applicable federal, state, provincial, municipal, territorial and local laws and regulations apply.
2. Timing. The Promotions begin on Tuesday November 7, November 14, November 21, November 28 and end on Friday November 10, November 17, November 24, and December 1, 2017 at 11:59 p.m. PDT (“Promotion Period”). The drawings will be completed by December 1, 2017.
3. Eligibility. The Promotion is open to legal residents of the contiguous 48 United States (including the District of Columbia) who are at least eighteen (18) years of age or older. Void where prohibited. Employees, officers and directors of Sponsor and Promoters, their respective parents, subsidiaries and agents, as well as the immediate family (defined as parents, spouses, children, siblings and grandparents) and household members of each such employee, officer and director are not eligible. By participating, entrant agrees to abide by these Official Rules and the decisions of Sponsor, which are final and binding in all respects.
4. How to Enter. U.S. Residents will be officially entered into the contest by doing the following:
- Follow Monrovia Plants on Facebook.
- Like on the “Give Back November Giveaway post” on the Monrovia Plants Facebook channel (https://www.facebook.com/monroviaplants/) each Tuesday to the following Friday (November 7, 2017 – November 10, 2017; November 14, 2017 to November 17, 2017; November 21, 2017 to November 24, 2017; November 28, 2017 to December 1, 2107) from Tuesday, November 7 to Friday, December 1, 2017.)
- Comment or tag a friend (as specified)via an @ tag to the same post.
For all Entrants: You automatically will receive one (1) entry into the Promotion. Multiple entrants are not permitted to share the same Facebook account. Any attempt by any entrant 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 that entrant’s entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any registration, the authorized account holder of the email address used to register will be deemed to be the registrant or player. The “authorized account holder” is the natural person assigned 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 address. The potential winner may be required to show proof of being the authorized account holder. Entry constitutes acceptance of all Participation Terms.
5. Selection of Potential Winner. Sponsor will randomly select one winner or two winners as specified in each of the contest posts as posted on Facebook from all eligible entries received. Entrant selected must comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. The potential winner will be notified via email within ten (10) days of the drawing. Except where prohibited, potential winner must execute and return to Sponsor, within ten (10) days of being notified, an Affidavit of Eligibility, Liability and Publicity Release (or Declaration of Compliance, if Canadian resident) in order to claim his/her prize. If a winner has not reached the age of majority in his/her place of residence, the prize will be awarded in the name of his/her parent or legal guardian. If a potential winner cannot be contacted within ten (10) days of the first attempt to contact him/her, prize is returned as undeliverable. In that event, an alternate entrant will be selected in his/her place at random from among all eligible entries received for the selected Creative Presentation. Only three (3) alternate drawings will be held, after which the prize will remain un-awarded.
6. Prize for the winners. Week beginning Tuesday, November 7 and ending Friday, November 10, 2017, two winners will each receive one live Little Ollie olive topiary plant; week beginning Tuesday, November 14 and ending Friday, November 17, 2017, two winnners will each receive one copy of a hardcover book entitled “Private Gardens of the Bay Area”; week beginning Tuesday, November 21 and ending Friday, November 24, 2017, two winners will each receive one shop.monrovia.com gift card with a face value of $50.00 to be used exclusively for purchases on Monrovia.com.; beginning Tuesday, November 28 andFriday, December 1, 2017, two winners will each receive one collection of Monrovia promotional materials. The prize will be mailed to the preferred address confirmed by winner via email. Prize is nontransferable, and no substitution will be made except as provided herein at the Sponsor’s and Promoter’s sole discretion. Sponsor and Promoter reserve the right to substitute the prize with another prize of greater or equal value if the designated prize should become unavailable for any reason. Winner is solely responsible for any and all applicable fees and taxes associated with prize receipt and use. No substitution, assignment or transfer of prize permitted, except by Sponsor and Promoter, who reserve the right to substitute the prize with another prize of greater or equal value. Winner is solely responsible for any and all applicable fees and federal, state and local taxes associated with prize receipt and use. Odds of winning depend on number of entries received.
7. General Conditions. Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Promotion should virus, bugs, unauthorized human intervention, technical failures or any other factor beyond Sponsor’s reasonable control corrupt the administration, security, fairness, integrity or proper operation of the Promotion. In such event, Sponsor reserves the right to award the prizes at random from among the eligible entries received up to the time of impairment. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion or to be acting in violation of these Official Rules. Any attempt by any person to deliberately damage Sponsor’s web site or undermine the legitimate operation of this Promotion may be a violation of criminal and civil laws, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
8. Release. By receipt of any prize, winner agrees that Sponsor; its respective parents, subsidiaries and affiliated companies; and the agents, employees, directors and officers of these companies (the “Released Parties”) are not liable whatsoever for any injuries, losses or damages of any kind resulting in whole or in part, directly or indirectly, from the acceptance, possession, use or misuse of any prize or from winner’s participation in the Promotion.
9. Limitations of Liability. The Released Parties are not responsible for: (1) incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (2) technical failures of any kind, including but not limited to the malfunctions, interruptions or disconnections in phone lines or network, hardware or software; (3) unauthorized human intervention in any part of the entry process or the Promotion; (4) technical or human error which may occur in the administration of the Promotion or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property, including but not limited to entrant’s computer, which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Promotion, receipt or use or misuse of any prize, or from downloading any material from Sponsor’s Web site(s), regardless of whether the material was prepared by Sponsor or a third party and regardless of whether the material is connected to Sponsor’s web site by a hypertext link. If, for any reason, an entrant’s entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Promotion, provided that, if it is not possible to award another entry due to discontinuance of the Promotion, or any part of it, for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
10. Disputes. Entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant or Sponsor in connection with the Promotion shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California, U.S.A.
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