Great Gardeners Sweepstakes
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, A VALID E-MAIL ADDRESS AND VALID FACEBOOK ACCOUNT ARE REQUIRED TO ENTER.
1. Introduction. Great Gardeners Sweepstakes (“Sweepstakes”) is sponsored and promoted by Monrovia Nursery, Inc., (“Monrovia”), 817 E. Monrovia Place, Azusa, CA 91702, U.S.A. One winner will be selected by a random drawing from among all entries submitted to Monrovia through the online process described in these Official Rules and Terms and Conditions . All applicable federal, state, provincial, municipal, territorial and local laws and regulations apply. By participating, entrant agrees to abide by these Official Rules and Terms and Conditions and the decisions of Monrovia, which are final and binding in all respects.
2. Timing. The Sweepstakes begins on June 10, 2016 at 12:00 a.m. Pacific Time (“PT”) and ends on September 30, 2016 at 11:59 p.m. PT (the “Sweepstakes Period”). Winning entrants will be selected by October 14, 2016.
3. Eligibility. The Sweepstakes is open to legal residents of the contiguous 48 United States (and the District of Columbia). Entrants must be at least eighteen (18) years of age. Employees, officers and directors of Monrovia, their respective parent entities, 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.
4. How to Enter. Residents of the U.S. (except where prohibited), eighteen (18) years of age and older, who complete and submit an entry form at www.monrovia.com/contact-us/great-gardener-stories/ during the Sweepstakes Period shall be entered in the Sweepstakes.
For all Entrants: Each entrant may submit multiple entry forms, but entrants will only be entered into the drawing once per email address per category. Entrants will be defined by unique email address. Only one entry is permitted per email address per category. 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 all of that entrant’s entries and that entrant will 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 entry, the authorized account holder of the email address used to enter will be deemed to be the entrant. 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.
Submission of an entry form to Monrovia constitutes acceptance of these Official Rules and Terms and Conditions.
5. Selection of Winner. Monrovia will randomly select one (1) winners per category (5) from all eligible entries received. Entrants selected must comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. A potential winner will be notified by mail and/or email within ten (10) days of the drawing. Except where prohibited, a potential winner must execute and return to Monrovia, within ten (10) days of being notified, an Affidavit of Eligibility, Liability and Publicity Release in order to claim their prize. If a potential winner has not reached 18 years of age, their entry will be disqualified. If a potential winner cannot be contacted within ten (10) days of the first attempt to contact him/her at the email address found on their entry form, or the prize is returned as undeliverable, an alternate entrant will be selected at random from among all eligible entries received for the Sweepstakes. Only three (3) such alternate drawings will be held, after which the prize offer will be voided and no further prize awarded.
6. Prize. $200 gift card to shop.monrovia.com redeemable only for Monrovia plants ordered online. Plants will be delivered (free of charge) to a participating Monrovia retailer/independent garden center for pick up by the winner.
Prize is non-transferable and non-assignable, and no substitution will be made except as provided herein at the Monrovia’s sole discretion. Monrovia reserves the right to substitute the prize with another prize of equal value. Winner is solely responsible for any and all applicable fees and taxes associated with prize receipt and use.
7. Odds. The odds of winning the Sweepstakes will depend on number of entries received. Precise odds of winning are therefore unavailable
8. General Conditions of Participation. Monrovia reserves the right, in its sole discretion, to cancel or suspend the Sweepstakes should virus, bugs, unauthorized human intervention, technical failures or any other factor beyond Monrovia’s reasonable control effect the administration, security, fairness, integrity or proper operation of the Sweepstakes. In such event, Monrovia reserves the right to award the prize at random from among the eligible entries received up to the time of the Sweepstakes is canceled or suspended. Monrovia reserves the right, in its sole discretion, to disqualify any individual who Monrovia finds, in it’s sole discretion, to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules and Terms and Conditions. Any attempt by any person to deliberately damage Monrovia’s web site or undermine the operation of this Sweepstakes may be a violation of criminal and civil laws and, should such an attempt be made, Monrovia reserves the right to seek damages from any such person to the fullest extent permitted by law. Monrovia’s failure to enforce any term of these Official Rules and Terms and Conditions shall not constitute a waiver of this provision.
9. Release. Entrants and Sweepstakes winners agree that Monrovia, its respective parent entities, 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 Sweepstakes.
10. 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 Sweepstakes; (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 Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes 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 Sweepstakes, receipt or use or misuse of any prize, or from downloading any material from Monrovia’s Web site(s), regardless of whether the material was prepared by Monrovia or a third party and regardless of whether the material is connected to Monrovia’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 Sweepstakes, provided that, if it is not possible to award another entry because the Sweepstakes, or any part of it, for any reason is canceled or suspended, Monrovia, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of cancelation or suspension for any or all of the prizes offered herein. Monrovia has no obligation to award more than the stated number of prizes. 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, Monrovia reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
11. Disputes. Entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, 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 Sweepstakes, 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 Monrovia in connection with the Sweepstakes 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.. Entrant agrees that all actions or proceedings, whether at law or in equity, arising directly or indirectly in connection with, out of, or in any way whatsoever related to or from the Sweepstakes shall be brought only in the Los Angeles County Superior Court and entrant agrees to the personal jurisdiction of that court.
13. Winner List/Official Rules. Winner list requests will only be accepted after the Promotion Period (listed above) and no later than October1, 2016. To request a winner list, send an email with subject line “Great Gardener Sweepstakes” to [email protected].
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