Calling All Gardening Gurus Sweepstakes
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR TO WIN. CONTEST IS OPEN TO LEGAL RESIDENTS OF THE 50 UNITED STATES OR THE DISTRICT OF COLUMBIA, 13 YEARS OF AGE TO 18 YEARS OF AGE AT TIME OF ENTRY. VOID WHERE PROHIBITED.
1. Sponsors: Gardening Guru Sweepstakes (“Sweepstakes”) is sponsored by Bauer Advertising Sales, Inc., 58 West 40th Street, Floor 5, New York, NY 10018 (the “Sponsor”).
2. How to Enter: You must enter from 12:01 A.M. Eastern Standard Time (“EST”) on 4/23/09 through 11:59 P.M. EST on 6/1/09 (“Entry Period”). To enter the Sweepstakes submit your entry during the Entry Period, which must include your name, address, age, telephone number (including area code), and email address if you have one as well as answers to the three Gardening Guru questions on the microsite (collectively, your “Entry”). There is one method of entry: Method #1: Fill in all aforementioned entry boxes on www.twistmarket.com/gardeningmama (Online Entry). Online Entries must be received by 11:59 PM EST on 6/1/09. Limit one entry per person during the Entry Period. Multiple Entries submitted by a single person shall be void and disqualified.
3. Agreement to Official Rules: Participation in the Sweepstakes constitutes your full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding. Winning is contingent upon fulfilling all requirements set forth herein.
6. Prizes: Five (5) Grand Prize Winners (chosen at random) will receive: One (1) Gardening Mama game for Nintendo DS. Winners are solely responsible for reporting and payment of all federal, state and local taxes on prizes, and may be required to fill out and return to Sponsors certain tax forms in the timeframe specified by Sponsors.
Approximate retail value of the Grand Prizes:
Gardening Mama Game: $29.99
7. Winner Notification: Each winner will be notified by e-mail, phone or both at the discretion of the Sponsor on or about 6/2/09. The return of a prize notification as undeliverable may result in disqualification and an alternate winner may be selected. Winners (or parent/legal guardian if potential Winner is deemed a minor in his/her state of residence) may waive their right to receive a prize. Winners are solely responsible for reporting and payment of all federal, state and local taxes on prizes. Winners (or parent/legal guardian if potential Winner is deemed a minor in his/her state of residence) will be required to execute and return within seven (7) days of notification an affidavit of eligibility, a liability release and a publicity release (collectively “Release”), except where prohibited by law. Failure to sign and return the Release within seven (7) days or to comply with any term or condition of these Official Rules or the prize notification letter will result in a winner’s disqualification, the forfeiture of his or her interest in the prize, and the award of the prize to an alternate winner.
8. Waiver: All winners (or parent/legal guardian if potential Winner is deemed a minor in his/her state of residence) , by participation in this Sweepstakes and acceptance of a prize, agree to release Bauer Advertising Sales, Inc., Bauer Publishing USA and each of their respective parent companies, divisions, affiliates, subsidiaries, distributors, suppliers and advertising, promotional or judging agencies, and their respective employees, officers, directors, agents and legal advisors from any and all liability, claims or actions of any kind whatsoever for injuries, damages or losses to persons and property which may be sustained in connection with the entrant’s participation in the Sweepstakes or the entrant’s acceptance, receipt, ownership or use/misuse of the prize, including, without limitation, personal injuries, death and property damage and claims based on publicity rights, defamation or invasion of privacy. Sponsor makes no representations or warranties of any kind concerning the appearance, performance or safety of any prize awarded. Each entrant (or parent/legal guardian if potential Winner is deemed a minor in his/her state of residence) agrees that Sponsor and each of its respective parent companies, divisions, affiliates, subsidiaries, distributors, suppliers and advertising, promotional or judging agencies, and their respective employees, officers, directors, agents and legal advisors shall not be liable or responsible for any printing or typographical errors in any materials associated with the Sweepstakes. The winner (or parent/legal guardian if potential Winner is deemed a minor in his/her state of residence) shall bear all risk of loss or damage to prize after it has been delivered. Except where prohibited by law, participation in the Sweepstakes constitutes entrant’s consent to the publication of his or her name and image in any media for any commercial or promotional purpose, without limitation or further compensation.
No confidential relationship is established by any entrant and the Sponsor as a result of entering the Sweepstakes. None of the information submitted by the entrant will be treated as trade secrets, confidential information or as protected data under any obligation. No patent, copyright or other intellectual property rights or licenses are granted to any Sweepstakes components supplied by the Sponsor to the potential entrants. Potential entrants do not receive by way of or under the Sweepstakes any intellectual property or other rights in any copyrights, patents, trademarks, trade names, technology, trade secrets or know-how of either the Sponsor or any third party.
9. General Terms: Incomplete entries shall be void. In the event of any dispute concerning the identity of any Internet Entrant, the Entry will be deemed submitted by the natural person who is the authorized holder of the transmitting e-mail account. Bauer Advertising Sales, Bauer Publishing USA, publisher of J-14 magazine will not share or distribute or sell entries to third parties. By entering, entrants acknowledge compliance with these Official Rules, including all eligibility requirements. No mechanically reproduced, software-generated or other automated multiple entries are permitted. All entries become the property of the Sponsor and will not be returned. Entry materials that have been tampered with or altered are void. The Sponsor, in its sole discretion, reserves the right to disqualify any person tampering with the entry process, the operation of the Web Site or is otherwise in violation of the Official Rules. Any questions regarding the number of entries submitted shall be determined by J-14, M, TWIST/Bauer Advertising Sales in its sole, reasonable discretion, and J-14, M, TWIST/Bauer Advertising Sales reserves the right to disqualify any entries by persons determined to be tampering with or abusing any aspect of the Sweepstakes. Sponsors are not responsible for injury or damage to entrants’ or to any other person's computer related to or resulting from participating in the Sweepstakes. In the event this Sweepstakes is compromised for any reason (including computer virus, tampering, bugs, computer malfunction, fraud, unauthorized intervention or other causes beyond the control of the Sweepstakes Sponsor) which, in the sole opinion of Sponsor, corrupts or impairs the administration, security, fairness or proper play of the Sweepstakes, Sponsor reserves the right in their sole discretion to suspend, modify or terminate the Sweepstakes. Sponsor is not responsible if the Sweepstakes cannot be implemented or prize cannot be awarded due to delays or interruptions due to acts of God, acts of war, strikes, governmental action, natural disasters, weather or acts of terrorism. All federal, state, local and municipal laws and regulations apply.
10. Disputes: Each Entrant agrees to release, defend, indemnify and hold harmless Bauer Advertising Sales, Inc, Bauer Publishing USA, those working on their behalf, and each of their respective officers, directors, representatives, employees, agents, successors and assigns, from any damage, injury, death, loss or other liability, either at law or equity, whether known or unknown, asserted or non-asserted, that may arise from or in any way relate to any Entrant’s participation in this Promotion, Sponsor’s use of the Entry or the awarding, acceptance, use or misuse of any Prize. Any and all disputes, claims, and causes of action arising out of or in connection with this Promotion, shall be resolved individually, without resort to any form of class action. This Promotion shall be governed by, and construed in accordance with, the laws of the State of New York, regardless of principles of conflicts of laws that may require the application of the laws of another jurisdiction. Any action or litigation concerning this Agreement shall take place exclusively in the federal or state courts sitting in New York, New York, and each Entrant expressly consents to the jurisdiction of and venue in such courts and waives all defenses of lack of jurisdiction and inconvenient forum with respect to such courts. Each Entrant agrees to service of process by mail or other method acceptable under the laws of the State of New York.
ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS PROMOTION. ENTRANT HEREBY WAIVES ANY RIGHTS OR CLAIMS TO ATTORNEY’S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ENTRANT, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE.
11. Tax Information: All federal, state, local, and other taxes on prizes are the sole responsibility of the applicable winner’s parent or legal guardian.
12. Administrator: Bauer Advertising Sales, Inc., 58 West 40th Street, New York, New York 10018. All decisions of the Sponsors, Contest Administrator and the Judges shall regarding the selection of winners and all other aspects of the Contest shall be final and binding in all respects. J-14 Magazine, www.j-14.com, M Magazine, www.mmm-mag.com, TWIST Magazine, www.twistmagazine.com, Bauer Advertising Sales, Inc., Bauer Publishing will not be responsible for typographical, printing of the offer, administration of the Sweepstakes, the announcement of the prizes or other inadvertent errors in these Official Rules or in other materials relating to the Sweepstakes.
