Beekman 1802 Garden Contest
1. NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
2. SPONSOR: The sponsor of the Contest is Beekman 1802 (“Sponsor”), [Street Address].
3. PROMOTION PERIOD: The Contest begins at 12:00:00 a.m. EST on March 1st 2011 and ends at 11:59:59 p.m. EST on March 31st 2011 (“End Date”).
4. ELIGIBILITY: The Contest is open only to residents of the 50 United States of America or the District of Columbia who are 18 years old or older at time of entry. Employees of Sponsor, its prize providers and licensors, and each of the foregoing entities’ affiliates, authorized designees and other related entities, and any other individual or entity associated with the development, judging or administration of the Contest (collectively, the “Contest Entities”), as well as members of such employees’ immediate families (spouses, children, siblings, parents), and persons living in the same household as such persons, whether or not related, are not eligible to participate in the Contest.
6. REPRESENTATIONS AND WARRANTIES; INDEMNIFICATION: Each person who enters the Contest represents and warrants as follows: (a) the Submission is the entrant’s own original, previously unpublished, and previously unpublished work; (b) the Submission does not contain any harmful computer code and is not otherwise corrupted; (c) as of the date of submission, the Submission is not the subject of any actual or threatened litigation or claim; (d) the Submission does not and will not violate or infringe upon the intellectual property rights or other rights of any other person or entity; and (e) the Submission does not and will not violate any applicable laws, and is not and will not be defamatory or obscene. Each entrant hereby agrees to indemnify and hold the Contest Entities harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the covenants, representations and warranties of entrant hereunder.
7. GRANT OF RIGHTS: By making a Submission in connection with the Contest, each entrant into the Contest hereby (a) irrevocably grants to Sponsor and its affiliates, and their respective successors and assigns, a non-exclusive, transferable, fully-paid, royalty-free, worldwide, perpetual, license, including the unlimited right to sublicense, to use, copy, edit, modify, alter, transcode, adapt, translate, publicly perform, publicly display, store, reproduce, transmit and distribute the Submission by means of any and all media and devices whether now known or hereafter devised, including, without limitation, on the Website; and (b) agrees to assign all right, title, and interest in and to their Submission to Sponsor if such Submission is selected as a winning Submission; and (c) agrees to execute all further documents respecting the Submission requested by Sponsor, including any further license or assignment, in order for Sponsor to use the Submission as contemplated by the Contest. Each entrant irrevocably waives any and all so-called moral rights they may have in the Submission. For clarity, Sponsor has the right (but not the obligation) to publish any Submission on the Website.
8. PRIZES: One (1) Grand Prize is available. The Grand Prize winner will receive Beekman 1802 Hand-Crafted Garden Hod. The approximate retail value (“ARV”) of the Grand Prize is $75. Prizes will be delivered only to an address in the United States. No cash alternative or substitution of prizes will be allowed, except Sponsor reserves the right in its sole discretion to substitute prizes of comparable value if any prizes are unavailable, in whole or in part, for any reason. WINNERS ARE RESPONSIBLE FOR REPORTING AND PAYING ANY AND ALL INCOME, SALES OR EXCISE TAXES THAT MAY APPLY TO ACCEPTING PRIZES; SPONSOR IS NOT RESPONSIBLE FOR AND WILL NOT PAY ANY SUCH TAXES.
9. ODDS: Many will enter, only one (1) will win. The odds of winning depend upon the number of eligible entries received. Sponsor cannot accurately predict the number of entrants who will participate in the Contest.
10. WINNER SELECTION; JUDGING CRITERIA: Sponsor will select ten (10) Submissions from among all eligible entries received based on the following criteria: how heartfelt the story is (50%) and knowledge of gardening (50%) (“Judging Criteria”). A panel of one or more judges will select one (1) Grand Prize from among the ten (10) Submissions selected by Sponsor based on the Judging Criteria. The Judging Criteria are to be applied in the sole discretion of Sponsor and the individual judges. By entering the Contest, entrants acknowledge that such evaluations may differ from person to person and agree to be bound by and not challenge the final decisions of Sponsor and the individual judges. In the event a winning entry is discovered to be invalid for any reason whatsoever or the person who submitted the winning entry fails to comply with these Official Rules prior to delivery of the prize, the prize may be forfeited and awarded to an alternate winner.
11. NOTICE TO WINNER: Attempts to notify potential winners will be made using the e-mail address or telephone number provided at entry. Sponsor is not responsible for e-mail, telephone or other communication problems of any kind. If, despite reasonable efforts, a potential winner does not respond within seven (7) days of the first notification attempt (or such shorter time as exigencies may require), or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit his or her prize and an alternate winner may be selected.
12. VERIFICATION OF WINNERS: Potential winners may be required to execute a Submission license or assignment, affidavit of eligibility, liability release, and (where imposing such condition is legal) a publicity release (collectively, “Prize Claim Documents”). If any potential winner fails or refuses to sign and return all Prize Claim Documents within seven (7) days of prize notification (or such shorter time as exigencies may require), the winner may be disqualified and an alternate winner may be selected.
13. CONTEST ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ENTRIES THAT ARE ENTERED BY OTHER THAN HUMAN MEANS (SUCH AS BY AN AUTOMATED COMPUTER PROGRAM OR ANY NON-HUMAN MECHANISM, ENTITY, OR DEVICE), IN EXCESS OF THE STATED LIMIT, OR FOR ENTRIES THAT ARE LATE, FORGED, DESTROYED, LOST, MISPLACED, STOLEN, MISDIRECTED, TAMPERED WITH, INCOMPLETE, DELETED, DAMAGED, GARBLED, OR OTHERWISE NOT IN COMPLIANCE WITH THESE OFFICIAL RULES, AND ALL SUCH ENTRIES WILL BE DISQUALIFIED. BY ENTERING THE CONTEST, EACH ENTRANT AGREES: (A) TO BE BOUND BY THESE OFFICIAL RULES AND BY ALL APPLICABLE LAWS AND ALL DECISIONS OF SPONSOR AND THE INDIVIDUAL JUDGES WHICH SHALL BE BINDING AND FINAL; (B) TO WAIVE ANY RIGHTS TO CLAIM AMBIGUITY WITH RESPECT TO THE OFFICIAL RULES; (C) TO WAIVE ALL OF HIS OR HER RIGHTS TO BRING ANY CLAIM, ACTION, OR PROCEEDING AGAINST ANY OF THE CONTEST ENTITIES; AND (D) TO RELEASE, INDEMNIFY, AND HOLD HARMLESS EACH OF THE CONTEST ENTITIES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES, FROM ANY LIABILITY (INCLUDING, WITHOUT LIMITATION, LIABILITY FOR ANY PROPERTY LOSS, DAMAGE, PERSONAL INJURY, BODILY INJURY, DEATH, LOSS, EXPENSE, ACCIDENT, DELAY, INCONVENIENCE OR IRREGULARITY), COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE OUTSIDE ATTORNEY’S FEES AND COSTS) THAT MAY ARISE IN CONNECTION WITH: (I) THE ENTRANT’S PARTICIPATION OR INABILITY TO PARTICIPATE IN THE CONTEST, (II) TYPOGRAPHICAL ERRORS IN THE OFFICIAL RULES OR ANY CONTEST PROMOTIONAL MATERIALS, (III) ACCEPTANCE OR POSSESSION, DEFECTS IN, USE, MISUSE OR INABILITY TO USE ANY PRIZE (OR ANY COMPONENT THEREOF), (IV) ANY CHANGE BY ANY COMPANY OR ANY OTHER PERSON PROVIDING ANY OF THE COMPONENTS OF A PRIZE DUE TO REASONS BEYOND ANY OF THE CONTEST ENTITIES’ CONTROL OR AS OTHERWISE PERMITTED HEREUNDER, (V) ANY INTERRUPTIONS IN OR POSTPONEMENT, CANCELLATION, OR MODIFICATION OF THE CONTEST, (VI) HUMAN ERROR, (VII) INCORRECT OR INACCURATE TRANSCRIPTION, RECEIPT OR TRANSMISSION OF ANY PART OF THE ENTRY (INCLUDING, WITHOUT LIMITATION, THE ENTRY INFORMATION OR ANY PARTS THEREOF), (VIII) ANY TECHNICAL MALFUNCTIONS OR UNAVAILABILITY OF THE WEBSITE OR ANY TELEPHONE NETWORK, COMPUTER ONLINE SYSTEM, COMPUTER DATING MECHANISM, COMPUTER EQUIPMENT, SOFTWARE, OR INTERNET SERVICE PROVIDER UTILIZED BY ANY OF THE CONTEST ENTITIES OR BY AN ENTRANT, (IX) INTERRUPTION OR INABILITY TO ACCESS THE CONTEST, ANY CONTEST-RELATED WEB PAGES, OR ANY ONLINE SERVICE VIA THE INTERNET DUE TO HARDWARE OR SOFTWARE COMPATIBILITY PROBLEMS, (X) ANY DAMAGE TO ENTRANT’S (OR ANY THIRD PERSON’S) COMPUTER OR ITS CONTENTS RELATED TO OR RESULTING FROM ANY PART OF THE CONTEST, (XI) ANY LOST OR DELAYED DATA TRANSMISSIONS, OMISSIONS, INTERRUPTIONS, DEFECTS, OR ANY OTHER ERRORS OR MALFUNCTIONS, (XII) ANY WRONGFUL, NEGLIGENT, OR UNAUTHORIZED ACT OR OMISSIONS ON THE PART OF ANY OF THE CONTEST ENTITIES, OR ANY OF THEIR AGENTS OR EMPLOYEES, OR (XIII) ANY OTHER CAUSE, CONDITION OR EVENT WHATSOEVER BEYOND THE CONTROL OF ANY ONE OR MORE OF THE CONTEST ENTITIES. EACH WINNER HEREBY ACKNOWLEDGES THAT THE CONTEST ENTITIES HAVE NEITHER MADE NOR ARE IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO ANY PRIZE OR COMPONENT THEREOF, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES PROVIDED BY ANY OF THE PRIZE PROVIDERS ASSOCIATED WITH THIS CONTEST.
14. Acceptance of a prize constitutes each winner’s permission for Sponsor to use such winner’s name, photograph, likeness, voice, biographical information, statements and address (city and state) for advertising or publicity purposes, worldwide, and in all forms of media now known or hereafter developed, in perpetuity, without further compensation.
15. Sponsor reserves the right to suspend or cancel the Contest or modify these Official Rules as necessary for any reason or as required by applicable law. Sponsor reserves the right, in its sole discretion, to disqualify from the Contest, and ban from any future promotions, any person it believes to have intentionally violated these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or to have tampered with any element of the Contest without notice to the disqualified or banned person.
16. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants and Sponsor in connection with the Contest 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 laws rules or provisions. Any legal claims arising out of or relating to the Contest or these Official Rules must be brought in the federal or state courts located in San Francisco, California.
17. To obtain any legally-required winners list (after the conclusion of the Contest) or a copy of these Official Rules, send a self-addressed envelope with the proper postage affixed to: Beekman 1802, 210 Main Street, Sharon Springs, NY 13459]. Please specify “winners list” or “Official Rules” and the name of the Contest in your request.