W. Atlee Burpee Company Official Sweepstakes Rules
NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
The W. Atlee Burpee Company “Deluxe Garden Giveaway Sweepstakes” (the “Promotion”) is open only to legal residents of the fifty (50) United States (excluding Rhode Island and including District of Columbia) who are eighteen (18) years or older at the time of entry. Void in Guam, Puerto Rico, the U.S. Virgin Islands, and other U.S. territories and possessions and where prohibited by law. Employees of W. Atlee Burpee Company, or any of its respective affiliates, subsidiaries, advertising agencies, or any other company or individual involved with the design, production, execution or distribution of the Promotion and their immediate family (spouse, parents and step-parents, siblings and step-siblings, and children and step-children) and household members (people who share the same residence at least three (3) months out of the year) of each such employee are not eligible. The Promotion is subject to all applicable federal, state and local laws and regulations. Participation constitutes the entrant’s full and unconditional agreement to these Official Rules and the Sponsor’s decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein. The Promotion consists of a sweepstakes (the “Sweepstakes”).
The Sponsor is W. Atlee Burpee Company with offices at 300 Park Avenue, Warminster, PA 18974.
The Promotion begins on January 21, 2019 at 8:00 a.m. Eastern Time (“ET”) and ends on February 28, 2019 at 11:59 PM ET (the “Promotion Period”). The Sponsor is the official time keeper for this Promotion.
4. How to Enter
During the Promotion Period, go to www.burpee.com/sweepstakes and completely fill out the online entry form by providing the required information and submit the online form. Limit one entry per person, and one entry per email address during the Promotion Period. Multiple participants are not permitted to share the same email address. Any attempt by any participant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that participant’s plays and that participant will be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. The Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected registrations, which will be disqualified. In the event of a dispute as to any registration, the authorized account holder of the email address used to register will be deemed to be the registrant or player. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder. All entries become the sole and exclusive property of the Sponsor and will not be returned. The Sponsor reserves the right to contact entrants and all other individuals whose email address is submitted as part of this promotion.
5. Winner Selection
On or about March 1, 2019, the Sponsor or an independent judging agency will select thirteen (13) entries for the prize described below in Section 8 in a random drawing of all valid entries received. The entrants will be contacted using the email addresses provided with their entries and may be awarded the prizes (subject to verification of eligibility and compliance with the terms of these rules.). The Sponsor’s decisions as to the administration and operation of the Promotion and the selection of potential winners are final and binding in all matters related to the Promotion. Winners will be notified by email on or about March 4, 2019. Failure to respond to the initial verification e-mail within five (5) days of notification or return of e-mail notification as undeliverable after three (3) attempts will result in disqualification.
6. POTENTIAL SWEEPSTAKES WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION.
7. Verification of Potential Winners
Potential winners must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. The potential winners will be notified by email, after the date of random drawing. Each potential winner will be required to sign and return to the Sponsor, within ten (10) days of the date notice is sent, an affidavit of eligibility, and liability/publicity release (except where prohibited) in order to claim his/her prize if applicable. If a potential winner of any prize cannot be contacted, fails to sign and return the affidavit of eligibility and liability/publicity release within the required time period (if applicable), or if the prize or prize notification is returned as undeliverable, the potential winner forfeits the prize. In the event that a potential winner of a sweepstakes prize is disqualified for any reason, the Sponsor may award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries.
ONE (1) GRAND PRIZE WINNER will receive a Burpee Deluxe Raised Bed Garden + TWO (2) SECOND PRIZE WINNERS will receive a $100 Burpee Gift Card, FIVE (5) THIRD PRIZE WINNERS will receive a $50 Burpee Gift Card, and FIVE (5) FORTH PRIZE WINNERS will receive a $25 Burpee Gift Card. Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. The Sponsor reserves the right to substitute the prize for one of equal or greater value for any reason. Each winner is responsible for all taxes and fees associated with the prize receipt and/or use. Odds of winning a prize depend on the number of eligible entries received during the Promotion Period.
9. Entry Conditions and Release
By entering, each participant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Sponsor and/or the Sweepstakes judges which are binding and final in all matters relating to this Sweepstakes; (b) release and hold harmless the Sponsor and the Sweepstakes judges and each of their respective parents, subsidiaries, and affiliated companies, the prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Sweepstakes and Promotion, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s entry, creation of an entry or submission of an entry, participation in the Sweepstakes and Promotion, acceptance or use or misuse of a prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry; and (c) indemnify, defend and hold harmless the Sponsor from and against any and all claims, expenses, and liabilities (including reasonable attorneys’ fees) arising out of or relating to an entrant’s participation in the Sweepstakes and Promotion and/or entrant’s acceptance, use or misuse of a prize.
Except where prohibited, participation in the Promotion constitutes a winner’s consent to the Sponsor’s and its agents’ use of the winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration. Participation also permits the Sponsor to use each entrant’s email address for future communications.
11. General Conditions
The Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures or any other factor beyond the Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by the Sponsor in its sole discretion. The Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. The Sponsor’s failure to enforce any term or provision of these Official Rules shall not constitute a waiver of that term or provision.
12. Limitations of Liability
The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Promotion; (4) technical or human error which may occur in the administration of the Promotion or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from an entrant’s participation in the Promotion or receipt or use or misuse of any prize. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, the entrant’s sole remedy is another entry in the Sweepstakes play, provided that if it is not possible to award another entry due to discontinuance of the Promotion, or any part of it, for any reason, the Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, the Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
Each entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, other than those concerning the administration of the Sweepstakes or the determination of winners, shall be resolved individually, without resort to any form of class action; (ii) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate New York State Court located in New York County, New York; (iii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (iv) under no circumstances will an entrant be permitted to obtain awards for, and each entrant hereby waives all rights to claim, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
14. Entrant’s Personal Information
15. Promotion Results
For Promotion results send a hand-printed, self-addressed, stamped envelope to W. Atlee Burpee Company, 300 Park Avenue, Warminster, PA 18974, c/o Sweepstakes/Customer Service. Requests for the winner list must be received by April 1, 2019.