2010 Olivia’s Organics Olivia’s Look A like Contest (the "Promotion") Rules
This Promotion is sponsored by Olivia’s Organics, Chelsea, MA (individually and collectively, the "Sponsor").
No purchase or payment of any kind is necessary to enter or win this contest. A purchase will not improve chances of winning.
Consumer Disclosure:
Open to legal residents of the 50 United States and the District of Columbia. Entrants must be at least 18 years of age unless a parent or guardian enters on behalf of an entrant. Contest void where prohibited by law.
By entering this Promotion,
entrants accept and agree to be bound by these Official Rules. Any violation
of these rules may, at Sponsor’s discretion, result in disqualification.
All decisions of the judges regarding this contest are final and binding
in all respects.
GRAND PRIZE: Promotion begins Monday, March 22, 2010 at 12:01 AM ET, and ends Friday, April, 30, 2010 at 11:59 PM ET, when all entries must be received (“Grand Prize Promotion Period”)
Upon contacting a potential winner and determining that he/she has met all eligibility requirements of the Promotion, including without limitation the execution of required waivers, publicity and liability releases and disclaimers, such individual will be declared the "winner" of the Promotion.
5. PRIZE DESCRIPTIONS
GRAND PRIZE The grand prize winner will be presented with a check made out to him/her, or the parent or guardian thereof if a minor, in the amount of $1,000 (one thousand) dollars.
RUNNER UP PRIZE Five runners up will be awarded $100 worth of Olivia’s Organics gift certificates.
6. TAXES. The Promotion winners shall be solely responsible for all federal, state and/or local income and other taxes, if any, in connection with their receipt of any Promotion prizes.
7. ODDS OF WINNING. The odds of winning this Promotion depend on the number of eligible entries received and finalists who appear in person for the judging.
8. NO PRIZE TRANSFER OR SUBSTITUTION. No prize or any portion thereof is transferable or redeemable for cash. Any portion of the prize that is not used is forfeited. No substitutions for prize except by Sponsor, in which case a prize of equal or greater value will be substituted.
9. CONSENT AND RELEASE. By entering the Promotion, each entrant releases and discharges the Sponsor, judging organization (if applicable), and any other party associated with the development or administration of this Promotion, their parent, subsidiary, and affiliated entities, and each of their respective officers, directors, members, shareholders, employees, independent contractors, agents, representatives, successors and assigns (collectively, "Sponsor Entities"), from any and all liability whatsoever in connection with this Promotion, including without limitation legal claims, costs, injuries, losses or damages, demands or actions of any kind (including without limitation personal injuries, death, damage to, loss or destruction or property, copyright infringement or other intellectual property rights, rights of publicity or privacy, defamation, or portrayal in a false light) (collectively, "Claims"). Except where prohibited: (i) acceptance of a prize constitutes the consent of any winner, without further compensation, to use in perpetuity the name, image and/or likeness of such winner for editorial, advertising, publicity and other purposes by the Sponsor and/or others authorized by the Sponsor; (ii) acceptance of a prize constitutes a release by any winner of the Sponsor Entities of any and all Claims in connection with the administration of this Promotion and the use, misuse, or possession of any prize; (iii) any potential winner may be required to sign an affidavit of eligibility (including social security number and an affidavit of age) and a liability/publicity release and such other documents as may be requested by Sponsor in order to enable Sponsor to fully utilize the name, image and/or likeness of the winner in connection with Sponsor's business activities; and (iv) if prize involves travel or activities, any potential winner and travel companion (if applicable) may be required to execute releases of the Sponsor from any and all liability with respect to participation in such travel/activities and/or use of the prize. Affidavits and releases must be returned within ten (10) days from the date that Sponsor first tries to notify the potential winner. If winner is deemed to be a minor under the jurisdiction of his/her residence, the prize will be awarded in the name of his/her parent or legal guardian who must execute the necessary affidavits and releases.
10. DISCLAIMERS. (i) Sponsor not responsible for entries that are lost, late, misdirected, incorrect, garbled, or incompletely received, for any reason, including by reason of hardware, software, browser, or network failure, malfunction, congestion, or incompatibility at Sponsor's servers or elsewhere. In the event of a dispute, entries will be deemed submitted by the authorized account holder of the email address submitted at the time of entry. "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 (e.g., business, educational institute) that is responsible for assigning email addresses for the domain associated with the submitted email address. (ii) Sponsor, in its sole discretion, reserves the right to disqualify any person tampering with the entry process or the operation of the website or otherwise attempting to undermine the legitimate operation of the Promotion. Use of bots or other automated process to enter is prohibited and may result in disqualification at the sole discretion of Sponsor. (iii) Sponsor further reserves the right to cancel, terminate or modify the Promotion if it is not capable of completion as planned, including by reason of infection by computer virus, bugs, tampering, unauthorized intervention, force majeure or technical failures of any sort. (iv) Sponsor Entities are not responsible for errors in the administration or fulfillment of this Promotion, including without limitation mechanical, human, printing, distribution or production errors, and may modify or cancel this Promotion based upon such error at its sole discretion without liability. In no event will Sponsor be responsible for awarding more than the number of prizes specified in these rules. (v) Sponsor not responsible for finalist transportation to or from the Promotion judging or accommodations related to the Promotion and/or judging. (vi)SPONSOR ENTITIES MAKE NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, AS REGARDS THIS PROMOTION OR THE MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY PRIZE OR ANY COMPONENT OF ANY PRIZE. (vi) CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS' FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. No substitution or compensation will be given for any portion of the prize that is not used.
11. APPLICABLE LAWS AND JURISDICTION. This Promotion is subject to all applicable federal, state, and local laws and regulations. Issues concerning the construction, validity, interpretation and enforceability of these Official Rules shall be governed by the laws of the Commonwealth of Massachusetts, without regard to any principles of conflict of laws. All disputes arising out of or connected with this Promotion will be resolved individually, and without resort to class action, exclusively by a state or Federal court located in Chelsea, Massachusetts and each of the entrants hereby agrees to the jurisdiction and venue of such courts. Should there be a conflict between the laws of the Commonwealth of Massachusetts and any other laws, the conflict will be resolved in favor of the laws of the Commonwealth of Massachusetts. To the extent permitted by applicable law, all judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys' fees) associated with participation in this Promotion and shall not include any indirect, punitive, incidental and/or consequential damages.
12. WINNER LIST For a list containing the names of the winners, send a self-addressed stamped envelope within six (6) months of the Drawing Date to Winner List, Olivia’s Organics, Olivia’s Look A Like Contest, C/O State Garden Inc., 300 Third Street, Chelsea, MA 02150.