Caswell-Massey, its subsidiaries and affiliated companies (together, the "Company"), will conduct its contests substantially as described in these general contesting rules, and by participating, each participant agrees as follows:
1. Prize(s). The New York Botanical Garden Contest ends at 11:59am EDT, Saturday, October 14, 2017. Winners will be randomly drawn and contacted the week of Monday, October 16, 2017. The prize(s) that may be awarded to the eligible winner(s) are not transferable, redeemable for cash, exchangeable for any other prize, refundable, and has no cash value. Any prizes that contain more than a single item that arrive damaged, only the damaged item will be replaced - not the entire prize. All prizes must be redeemed within 30 days of the contest end date unless otherwise stated in the contest's official rules. Often times, prizes are date specific (i.e. concerts, trips) and the winner or winners must be available on the dates specified. If a winner cannot be contacted or is disqualified for any reason, the Company reserves the right to determine an alternate winner or not to award that winner's prize, in its sole discretion.
2. Eligibility and Limitations. Participants and winner(s) must be U.S. residents 18 years of age or older. Only one (1) registration per person. Please, only one (1) prize per household for the Contest. Employees of the Company or "immediate family," the Contest's participating sponsors and their advertising agencies are not eligible to participate and win. The term "immediate family" includes spouses, siblings, parents, children, grandparents, and grandchildren, whether as "in-laws," or by current or past marriage(s), remarriage(s), adoption, co-habitation or other family extension, and any other persons residing at the same household whether or not related.
3. Communication/Delivery Disclaimer. The Company disclaims all liability for the inability of a participant to complete or continue a telephone call due to equipment malfunction, busy lines, inadvertent disconnections, acts beyond the Company's control, or otherwise. For all contests, the Company disclaims all liability for any delays, misdelivery, loss, or failure in the delivery of any item sent by mail, courier, express, electronic transmission, or other delivery method. The Company is not responsible for mechanical, technical, electronic, communications, telephone, computer, hardware or software errors, malfunctions or failures of any kind, including: failed, incomplete, garbled or delayed transmission of online entries, traffic congestion on telephone lines, the Internet or at any website or lost or unavailable network connections which may limit an online entrant's ability to participate in the Contest, and any injury or damage to entrant's or any other person's computer related to or resulting from participating in or downloading any information necessary to participate in the Contest.
4. PR, Publicity, Promotion; Use of Personal Information. By participating in a contest, where allowed by law, all participants and winner(s) grant the Company exclusive permission to use their names, characters, photographs, voices, and likenesses in connection with promotion of this and other contests and waive any claims to royalty, right, or remuneration for such use.
5. Release. By participating in the Contest, each participant and winner waives any and all claims of liability against the Company, its employees and agents, the Contest's sponsors and their respective employees and agents, for any personal injury or loss which may occur from the conduct of, or participation in, the Contest, or from the use of any prize.
6. Conduct, Judging, and Decisions. By participating in the Contest, participants agree to be bound by the decisions of Company personnel. Persons who violate any rule, gain unfair advantage in participating in the Contest, or obtain winner status using fraudulent means will be disqualified. Unsportsmanlike, disruptive, annoying, harassing or threatening behavior is prohibited. The Company will interpret these rules and resolve any disputes, conflicting claims or ambiguities concerning the rules or the Contest and the Company's decisions concerning such disputes shall be final. If the conduct or outcome of the Contest is affected by human error, any mechanical malfunctions or failures of any kind, intentional interference or any event beyond the control of the Company, the Company reserves the right to terminate this Contest, or make such other decisions regarding the outcome as the Company deems appropriate. All decisions will be made by the Company and are final. The Company may waive any of these rules in its sole discretion.
7. Miscellaneous. Void where prohibited. Odds of winning depend upon the number of participants.
8. Law Compliance. The conduct of the Contest is governed by the applicable laws of the United States of America, which take precedence over any rule to the contrary herein.