FOR THE HEALTH OF IT CONTEST WITH LUNDBERG FARMS AND ORGANIC GARDENING OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED. THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, PINTEREST. Any questions, comments or complaints regarding the Contest must be directed to Sponsor Rodale Inc. and not to Pinterest. Pinterest is a registered trademark of Pinterest, Inc.. The "For the Health of It Contest with Lundberg Farms and Organic Gardening" (the "Contest") starts at 12:00 AM Eastern Time ("ET") on January 1, 2013 and ends at 11:59 PM ET on June 30, 2013 (the "Promotion 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.
2. HOW TO ENTER: Eligible participants may enter the Contest during the Promotion Period by performing the following:
Board Content and Entry Requirements. Your Board can only contain the Board Content and the Board Statement; you Entry shall be disqualified if it contains any images, including photographs, likenesses or other content, other than the Board Content and Board Statement. You represent and warrant that your Entry, including the Board and Essay(exclusive of OG Images) shall be original to you alone, not copied or plagiarized, and cannot have been submitted to or published by any other publication, and you, the entrant, represent and warrant that you own or possess all rights and copyrights and other intellectual property in the Entry, Essay, Board and Board Content (exclusive of the OG Images), have full rights and authority to grant Sponsor the rights, title, interests and copyrights to use the Entry, Essay, Board and Board Content (exclusive of OG Images), as provided in the Official Rules, and you acquired any necessary permissions and releases with respect to the Entry, Essay, Board or Board Content (exclusive of OG Images) and Entry. Furthermore, the Essay cannot 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 the entrant, including, but not limited to, celebrities, unless you have obtained the permission or consent from such person(s). The Entry, the Essay, the Board and Board Content (exclusive of OG Images) cannot 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. Any Entry, Essay, Board or Board Content (exclusive of OG Images) that, in Sponsor's sole discretion, (i) is obscene, profane, lewd or defamatory; (ii) violates or infringes (or may infringe) any copyright, trademark, logo, brand of any third person or entity; (iii) includes harassing or inappropriate content, a commercial solicitation or promotional materials; (iv) does not comply with the Contest Official Rules or Pinterest's Terms & Privacy; or (v) is otherwise objectionable will not be considered by Sponsor and Sponsor may disqualify the Entry. Entrants acknowledge and agree that Rodale retains all rights, title and interest in OG Images.
ALL ENTRIES SUBJECT TO TERMS AND CONDITIONS OF PINTEREST.COM (AS INTERPRETED AND IMPLEMENTED BY PINTEREST) AND THESE OFFICIAL RULES (AS INTERPRETED AND IMPLEMENTED BY SPONSOR).
3. JUDGING CRITERIA; WINNER SELECTION: The winner of the Contest will be determined on or about July 30, 2013. Organic Gardening magazine and Lundberg Farms shall select the winner of the Contest based on the Entry that best satisfies the following judging criteria: (1) the creativity and originality of the Essay and Board and location of the Board Content using OG Images to depict a healthy activity or lifestyle choice (2) compliance with the Board Content and Entry Requirements and the Official Rules; and (3) organization and development of the ideas expressed through the Essay and Board.
4. WINNER NOTIFICATION: Potential winner(s) will be notified by email, using the information provided on his/her Entry, on or about August 10, 2013. Sponsor will then send to potential winner(s) by email, at the e- address on his/her Entry, an Affidavit of Eligibility, Release of Liability, Publicity Release, unless prohibited by law, and any other documentation that Sponsor requires (the "Affidavit"). In order to receive his/her Prize and be a winner of the Contest, each Winner must sign and return to Sponsor a notarized Affidavit within fourteen (14) days after receipt of the winner notification by the potential winner(s). Any guest (his/her parent/legal guardian if a resident of a jurisdiction that deems him/her to be a minor) shall sign, have notarized and return to Sponsor a Liability Release, Publicity Release, unless prohibited by law, and any other documentation that Sponsor requires within fourteen (14) days after receipt by the potential winner(s). In the event: (a) potential winner(s) 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) potential winner is found to be ineligible to enter the Contest or receive the prize, (d) potential winner cannot or does not comply with the Official Rules, (e) potential winner's prize notification or Affidavit is returned as undeliverable for whatever reason, or (f) potential winner fails to fulfill the Affidavit-related obligations, the potential winner shall be disqualified from the Contest and an alternate potential winner may be selected, at Sponsor's sole discretion, from among the other eligible entries received. Winner selection is under the supervision of Sponsor, whose decisions are final and binding in all respects. If entrant's e-mail address, telephone number, or home mailing address changes after he/she enters the Contest, it is the entrant's sole responsibility to notify Sponsor by postal mailing notice to the address stated below to be received before the end of the Promotion Period.
5. PRIZES: The approximate retail value (the "ARV") of the prize is $8,000.00 and consists of a trip for one (1) winner and winner's one (1) guest to Canyon Ranch in Tucson, Arizona or Lenox, Massachusetts, including round trip coach airfare within the Continental United States to/from a major airport within the Continental United States closest to winner's home to/from Tucson, AZ or Lenox, MA area airport, for winner and guest; three (3) nights double occupancy hotel accommodations for winner and guest, three meals daily – plus healthy snacks for winner and guest; a $405 per person allowance toward spa, sports & integrative wellness services; use of expansive spa and resort facilities; fitness, yoga and meditation classes; access to hiking and biking; health and fitness assessment reviewed by a nurse educator; daily selection of wellness presentations, workshops and cooking demonstrations; ground transportation to and from Tucson International airport and resort amenities fees. Sponsor will coordinate travel for winner and guest. Winner and guest must take the trip between September 1 – February 28, 2014 and April 1 – August 30, 2014; in the event winner and guest are unavailable during this time, the prize shall be forfeited and Sponsor reserves the right to select an alternate winner. The total ARV of all prizes awarded is $8,000.00. There is a total of one (1) prize to be awarded to one (1) winner. Actual value of trip depends on dates of travel and winner's residency and departure city. In the event winner lives within 250 miles of Tucson, AZ, Sponsor, in its sole discretion, may award alternative travel arrangement in lieu of airfare, as identified by Sponsor within its sole and absolute discretion. Winner shall not receive the difference between the actual value of the trip and the ARV in the form of a credit, monetary equivalent, or any additional prize. Trip reservations must be made at least one month prior to arrival date, and are subject to availability. Not valid during holidays, weekends and blackout dates may apply. Trip must be completed by August 30, 2014. Only electronic airline tickets will be issued, if available. Winner's travel guest must be the age of majority in his or her state of residency or winner must be guest's-parent or legal guardian. Parent or legal guardian must accompany a traveling minor at all times. Winner and travel companion will be required to travel together to and from the same point of origin. Prior to travel, winner and travel companion may be responsible for obtaining the proper travel documentation (e.g., passports). Winner and travel companion hereby release Sponsor from any duty to provide, check or verify any and all necessary passports, visas and tourist cards, birth certificates, vaccination certificates and any other travel or entry requirements ("Personal Documents"). Sponsor shall not have any responsibility for the replacement of lost or stolen Personal Documents or tickets, coupons, vouchers, receipts or other documents pertaining to the prize ("Travel Documents") once the Travel Documents have been provided to winner and travel companion. Certain reasonable travel restrictions such as holiday "black-out" dates or periods may apply. Dates of travel are subject to change at Sponsor's sole discretion." All other expenses not specifically listed herein are solely the winner's responsibility including, but not limited to, sales taxes, gratuities, meals, ground transportation to/from winner's residence to/from airport, and all incidental expenses. 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 winner. Winner 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 prizes permitted, except that Sponsor reserves the right, in its 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.
7. NO TAMPERING; RIGHT TO CANCEL, MODIFY: Sponsor and its 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/Entry Materials that contain inaccurate information or do not comply with or violate the Official Rules or Pinterest Terms; (b) Entries/Entry Materials, 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 Sponsor's 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. Sponsor reserves the right, in its 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 Pinterest Terms; 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 Sponsor determines, in its sole discretion, that technical difficulties or unforeseen events compromise the integrity or viability of the Contest, Sponsor reserves 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 select winner(s) 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 Promotion Period, notice will be posted at www.pinterest.com/ogmag.
8. RELEASE OF LIABILITY; DISCLAIMER OF WARRANTY; FORUM SELECTION CLAUSE: By participating in the Contest, entrants and winner agree to release and hold harmless Sponsor, Lundberg Farms, Pinterest and their parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors (collectively "Releasees"), 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. Releasees 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. In the event that you breach any of your representations, warranties or undertakings contained herein, Releasees shall be entitled to and may seek indemnification from you for recovery of all attorney's fees, damages, claims and other expenses that may be incurred by Releasees as a result of your aforementioned breach. Entrant and winners agrees to indemnify and hold harmless Releasees from any third party claims, damages, losses or injuries, including reasonable attorney's fees and costs, arising from or relating to entrant's participation in the Contest and the Entry. Entrants and winners acknowledge that Releasees have neither made nor are in any manner responsible or liable for any warranty, representations or guarantees, express or implied, in fact or in law, relative to any prize, including, but not limited to, express warranties provided by the manufacturer of the goods or their affiliates. 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 Sponsor or Releasees 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 Website on or about September 10, 2013, or to receive a list of the winners after September 10, 2012 by mail send a self-addressed envelope, with applicable U.S. postage affixed (VT state residents only may omit return postage), to "For the Health of It Sweepstakes", Rodale Inc.., 400 S 10 St, Emmaus, PA 18098 Attn: Organic Gardening Marketing Department, 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 the "FOR THE HEALTH OF IT CONTEST."
10. SPONSOR: The Sponsor of the Contest is Rodale Inc., 400 South 10th Street, Emmaus, PA 18098-0099.