NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED. A purchase or payment will not improve your chances of winning. Entry Materials (defined in Section 1) from Gardens (defined in Section 1) for the "De Loach Community Gardens Award Program" Contest (the "Contest") must be received no later than February 24, 2012. Online voting starts at 12:00 AM Eastern Time ("ET") on March 6, 2012 and ends at 11:59 PM ET on August 6, 2012 (the "Voting Period"). Eastern Time shall control for all purposes of this Contest. The Contest is governed by these Official Rules, and is subject to all applicable U.S. federal, state and local laws, and provincial or territorial laws, and is void wherever prohibited by law.
1. ELIGIBILITY; ENTRY REQUIREMENTS FOR GARDENS: Contest is open to only those 15 community gardens/farms chosen to participate in the Contest (the "Gardens") by DeLoach Vineyards and Organic Gardening (the "Sponsors"). Canadian Garden residents, to win, must first correctly answer, unaided, a time-limited mathematical skill testing question administered by mail. Gardens were chosen by Sponsors based on location, size of garden/farm, the number of plots and gardeners working in the garden, and the commitment of the Gardens to provide fresh food and improve the surrounding community. For a list and description of the Gardens, go to www.deloachcommunitygardens.com. Participating Gardens were required to submit, by February 24, 2012 the following: (A) a completed entry form, including the Garden's complete mailing address, contact person, daytime telephone number, and e-mail address (the "Entry"), and (B) (i) a 100 word profile describing the community garden/farm, (ii) one (1) video (up to 2 1/2 minutes maximum) outlining how the Garden would use the prize money on the garden/farm if it wins the Contest and how this use will positively affect the community (the "Entry Materials"). The Entry and Entry Material are collectively referred to in these rules as the "Entry". In order to receive the prize, you must fully comply with the Official Rules, and by agreeing to participate you agree to be bound by these Official Rules and the decisions of Sponsors, whose decisions shall be binding and final in all respects. All Entry Material/Entries submitted must be original to the Garden alone, not copied or plagiarized, and not created in collaboration with anyone, and cannot have been submitted to or published by any other publication, and the Garden must own all copyrights in the Entry Material/Entry, have full rights and authority to grant Sponsors the rights, title, interests and copyrights to use the Entry Material/Entry, as provided in the Official Rules, and have acquired any necessary releases with respect to the Entry Material/Entry. Entry Material/Entry cannot contain the image or likeness of or reference in any identifiable way (for example, by first and last name, or by any part of a name that is identifiable) any person other than representatives from the Garden, including, but not limited to, any depictions of celebrities, unless a signed release from such person(s) is submitted to Sponsors along with the Entry Material/Entry. Entry Material/Entry cannot contain or describe, in any identifiable way, any copyrights, trademarks/tradenames, logos, or similar brand identifying marks, third party artistic works, or describe, depict or contain any illegal, dangerous or unsafe activity, or be otherwise obscene or inappropriate.
2. JUDGING CRITERIA; WINNER SELECTION: The five (5) Garden winners of the Contest will be determined on or about August 7, 2012. The Sponsors shall select five (5) winners of the Contest based on the top five (5) Gardens that receive the most votes from Voters (defined in Section 3 below) during the Voting Period. In the case of a tie for 5th place, Sponsors will choose the Garden that Sponsors believe best meets the following judging criteria: location, size of garden/farm, the number of plots and gardeners working in the garden, and the commitment of the Gardens to provide fresh food and improve the surrounding community (the "Judging Criteria").
3. HOW TO VOTE; VOTING ELIGIBILITY: To vote, visit www.deloachcommunitygardens.com.com (the "Web Site") during the Voting Period to view each Garden's video and garden description and follow the on-screen instructions to vote for the Garden that you believe best meets the Judging Criteria above in Section 2. The voting is open only to residents of the 49 United States, District of Columbia and Canada EXCLUDING RESIDENTS OF ARIZONA, GUAM, PUERTO RICO AND ALL OTHER U.S. TERRITORIES AND POSSESSIONS, PROVINCE OF QUEBEC AND ALL OTHER COUNTRIES, TERRITORIES OR POSSESSIONS , who are 21 years of age or older and the age of majority in his/her state, province, or territory of residence at the time of entry (the "Voters"). ALL VOTING MUST BE COMPLETED BY 11:59 PM ET, AUGUST 6, 2012. Limit one (1) Vote per person per day throughout the Voting Period. Votes posted by the same person in excess of the limits stated herein will be disqualified. Votes submitted to the Web Site will be deemed to have been submitted by the authorized account holder of the e-mail address submitted at the time of the voting. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
4. WINNER NOTIFICATION: Five (5) potential Garden winners will be notified by e-mail, using the information provided by the participant, on or about AUGUST 15, 2012. Sponsors will then send to potential Garden winners by e-mail, at the e-mail and postal address provided by the participant, an Affidavit of Eligibility, Release of Liability, Publicity Release, unless prohibited by law, and any other documentation that Sponsors require (the "Affidavit"). In order to redeem the prize, potential Garden winners shall sign, have notarized, and return to Sponsors the Affidavit within fourteen (14) days from the date Sponsors sent the Affidavit. In the event: (a) potential Garden winners cannot be reached for whatever reason after a reasonable effort has been exerted based on the information stated in the Entry, (b) of noncompliance with the above or within any of the aforesaid time periods, (c) any potential Garden winner is found to be ineligible to enter the Contest or receive the prize, (d) any potential Garden winner cannot or does not comply with the Official Rules, (e) any potential Garden winner's prize notification or Affidavit is returned as undeliverable for whatever reason, or (f) any potential Garden winner fails to fulfill the Affidavit-related obligations, the potential Garden winner shall be disqualified from the Contest and the Garden participant with the next highest vote will be selected, at Sponsors' sole discretion, from among the other eligible entries received. Winner selection is under the supervision of Sponsors, whose decisions are final and binding in all respects. If Garden entrant's e-mail address, telephone number, or home mailing address changes after Garden enters the Contest, it is the Garden entrant's sole responsibility to notify Sponsors by postal mailing notice to the address stated below to be received before the end of the Voting Period.
5. PRIZES: Each of the top five (5) vote-getting Gardens will be awarded a prize of $4,000 each (with a total of $20,000 awarded to all five top vote-getting Gardens). There is a total of five (5) prizes to be awarded to five (5) participating Gardens. Prize subject to any and all applicable terms and conditions. Any depictions of prizes are for illustrative purposes only. All federal, state and local taxes on the prize are the sole responsibility of the winning Gardens. Winning Gardens will be sent an IRS Federal 1099-MISC tax form for the retail value of any prize at or above $600. No transfer, refund, substitution or replacement of prize permitted, except that Sponsors reserve the right, in their sole discretion, to substitute a prize of equal or greater value (or cash equivalent). ARV of all prizes is in U.S. dollars. All prizes will be awarded within 1 year of receipt of valid and executed winners' affidavit or prize confirmation. Any portion of the prize not accepted or unclaimed and/or unused by the winner will be forfeited and will not be substituted.
6. PUBLICITY RELEASE; USE OF PERSONAL INFORMATION: Except where prohibited or restricted by law, Garden winner's acceptance of prize constitutes the Garden winner's agreement and consent for Sponsors and their successors, assigns, transferees, licensees, and sublicensees to use, replicate, alter, adapt, modify, publish, broadcast, translate, produce derivative works from, distribute, present, play, and exercise all copyright and other intellectual property rights with respect to the winner's full name, city and state of residence, Entry and Entry Materials, photographs or other likenesses, pictures, portraits, voice, testimonials, biographical information (in whole or in part), and/or statements made by winner regarding the Contest or Sponsors, worldwide, royalty-free and in perpetuity for any and all purposes, including, but not limited to, advertising, trade, syndication and/or promotion on behalf of Sponsors, in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, cable, electronic, digital or World Wide Web, without further limitation, restriction, compensation, notice, review, or approval, which rights winner acknowledges and agrees Sponsors can transfer, assign, license, and/or sublicense. By entering, entrants agree and consent to allow Sponsors and their successors, assigns, transferees, licensees, and sublicensees to use, replicate, alter, adapt, modify, publish, broadcast, translate, produce derivative works from, distribute, present, play, and exercise all copyright and other intellectual property rights with respect to the entrant's full name, city and state of residence, Entry and Entries Materials, photographs or other likenesses, pictures, portraits, voice, testimonials, and biographical information (in whole or in part), worldwide, royalty-free and in perpetuity for any and all purposes, including, but not limited to, advertising, trade, syndication, and/or promotion on behalf of Sponsors, in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, cable, electronic, digital or World Wide Web, without further limitation, restriction, compensation, notice, review, or approval to the extent permitted by law, which rights entrants acknowledges and agrees Sponsors can transfer, assign, license, and/or sublicense. In addition, winner and entrants will agree to transfer all rights, title, interests, and copyrights, and to waive any and all moral rights, in the Entries and Entry Material to Rodale Inc., and will execute any such documents as may be necessary to effectuate such a transfer or rights and waiver of moral rights, without further compensation. Also by entering the Contest, entrants will be sharing their personal information with Sponsors. Personal information collected by Sponsors will be used for administration of the Contest and awarding the prize. Furthermore, by entering, entrants agree to Rodale Inc.'s use of entrant's personal information as described in its privacy policy at. http://www.rodaleinc.com/your-privacy-rights. All entries become the property of Sponsors upon receipt and will not be acknowledged or returned. (For Canadian residents, entrants and voters also agree that by entering the Contest, their personal information will be transferred to Sponsors in the United States of America for the above purposes, and may be accessed by the U.S. authorities in accordance with U.S. laws, regulations, and/or court orders. Entrants' personal information will not be provided to any third parties, other than as provided for in the Official Rules or in accordance with Rodale's privacy policy.)
7. NO TAMPERING; RIGHT TO CANCEL, MODIFY: Sponsors and their parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors shall not have any obligation or responsibility, including any responsibility to award any prize to entrants, with regard to: (a) Entries that contain inaccurate information or do not comply with or violate the Official Rules; (b) Entries, prize claims or notifications that are lost, late, incomplete, illegible, unintelligible, damaged or otherwise not received by the intended recipient, in whole or in part, due to computer, human or technical error of any kind; (c) entrants who have committed fraud or deception in entering or participating in the Contest or claiming the prize; (d) telephone, electronic, hardware, software, network, Internet or computer malfunctions, failures or difficulties; (e) any inability of the winner to accept the prize for any reason; (f) if a prize cannot be awarded due to travel cancellation, delays or interruptions due to Acts of God, natural disasters, terrorism, weather or any other similar event beyond Sponsors' reasonable control; or (g) any damages, injuries or losses of any kind caused by any prize or resulting from awarding, acceptance, possession, use, misuse, loss or misdirection of any prize or resulting from participating in this promotion or any promotion or prize related activities. Sponsors reserve the right, in their sole discretion, to disqualify any individual it finds to be (a) tampering with the entry process or the operation of the Contest, or with any Web sites promoting the Contest; (b) acting in violation of the Official Rules; or (c) entering or attempting to enter the Contest multiple times through the use of multiple e-mail addresses or the use of any robotic or automated devices to submit entries. If Sponsors determine, in their sole discretion, that technical difficulties or unforeseen events compromise the integrity or viability of the Contest, Sponsors reserve the right to void the entries at issue, and/or terminate the relevant portion of the Contest promotion, including the entire Contest promotion, and/or modify the Contest and/or conduct a random drawing to award the prize(s) using all eligible entries received as of the termination date. If the Contest is terminated or modified due to technical difficulties or unforeseen events prior to the expiration date of the Voting Period, notice will be posted at www.deloachcommunitygardens.com.
8. RELEASE OF LIABILITY; DISCLAIMER OF WARRANTY; FORUM SELECTION CLAUSE: By participating in the Contest, Garden entrants and winners agree to release and hold harmless Sponsors and their parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors, from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury (including emotional distress), and/or death which may occur in connection with preparation for, or participation in, the Contest, or possession, acceptance and/or use or misuse of the prize or participation in any Contest-related activity and for any claims or causes of action based on publicity rights, defamation or invasion of privacy and merchandise delivery. Sponsors and their parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors assume no responsibility for any injury or damage to entrants or to any other person's computer, regardless of how caused, relating to or resulting from entering or downloading materials or software in connection with this Contest. Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant or Sponsors in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the Commonwealth of Pennsylvania without giving effect to any choice of law or conflict of law rules (whether of the Commonwealth of Pennsylvania, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Commonwealth of Pennsylvania. In addition, any dispute relating to the Contest (including these Official Rules) shall be brought in the appropriate state or federal court having jurisdiction over the subject matter located in the County of Lehigh, Pennsylvania. Entrants hereby irrevocably consent to the personal jurisdiction of said courts and waive any claim of forum non conveniens or lack of personal jurisdiction they may have.
9. LIST OF WINNERS; FUTURE SWEEPSTAKES/CONTESTS: A winners' list will be posted on the Web Site on or about October 1, 2012, or to receive a list of the winners after October 1, 2012 by mail, send a self-addressed envelope with applicable U.S. postage affixed (VT state residents only may omit return postage), to: DeLoach Community Gardens Award Program Contest, Organic Gardening, 400 South Tenth Street, Emmaus, PA 18049, or by e-mail send an e-mail to Ginger.Horsford@rodale.com, and in the body of the e-mail type: "Please e-mail me the winner's list for DeLoach Community Gardens Award Program".
10. SPONSOR: The Sponsors of the Contest are Rodale Inc., 400 South Tenth Street, Emmaus, PA 18098-0099, and DeLoach Vineyards, 1791 Olivet Road, Santa Rosa, CA 95401.
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