SWEEPSTAKES - OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE AT LEAST 18 YEARS OF AGE AS OF THE DATE OF ENTRY. VOID WHERE PROHIBITED.
1. SWEEPSTAKES PERIOD: Wind & Weather® and Pinterest's "Grand Gardens" Sweepstakes (the "Sweepstakes") starts on February 22, 2013 at 12:00 AM Eastern Time ("ET") and ends on March 15, 2013 at 11:59 PM ET.
2. SPONSOR: The Sweepstakes is sponsored by Wind & Weather, LLC, 7021 Wolftown-Hood Road, Madison, VA 22727 (the "Sponsor").
3. ELIGIBILITY: No purchase necessary. This Sweepstakes is only open to legal residents of the 50 United States and the District of Columbia, who are 18 years of age or older as of the date of entry ("Entrants"). Officers, directors and employees of Wind & Weather, LLC and Pinterest, and each of their respective parents, affiliates, subsidiaries, divisions, advertising and promotion agencies are not eligible to enter or win. Parents, step-parents, children, step-children, siblings, step-siblings, or spouses of Sponsor ("Immediate Family Members") and/or people who share the same residence at least three months a year ("Household Members) are not eligible to enter or win. Void where prohibited.
4. HOW TO ENTER: During the Sweepstakes Period, entrants must (i) "Follow" the Wind & Weather Pinterest Page, (ii) "Repin" 5 of their favorite pins from Wind & Weather's Grand Gardens Board, (iii) include #Windandweather in the comments of each pinned image (iv) complete the "Entry Form" and submit (v) post a comment below the Wind and Weather Grand Gardens sweepstakes image with your name and pinboard URL, (vi) agree to the Official Rules. One entry is permitted per Pinterest account and log-in during the Sweepstakes Period.
5. LIMIT: One entry per person during the Sweepstakes Period. No group entries. Any attempt by an entrant, or any other person, to obtain more than the stated number of entries by using multiple/different Pinterest accounts, email addresses, identities, registrations, logins, or any other methods may result in disqualification by Sponsor, in its sole discretion. In the event of a dispute as to the identity of a winner, the winner will be deemed to be the person in whose name the e-mail account governing the e-mail address was opened.
6. PINTEREST DISCLOSURE: This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Pinterest. You are providing your information to Sponsor and not to Pinterest.
7. PRIZES: One ("1") $200 Wind & Weather gift card, Amazing Ant Side Table (FN9002), Gigantic Grasshopper Side Table (FN9001) or Giant Metal Reading Frog (GO7127) will be awarded to one ("1") winner after Sweepstakes Period. Winner will receive only one ("1") of the listed prizes. Prize will be at the discretion of the winner. No substitutions for any prize, except Sponsor reserves the right to substitute a prize of equal value if prize cannot be awarded as described. No prize is transferable or redeemable for cash. Each prize is awarded "as is" with no warranty or guarantee express or implied by Sponsor.
8. Winners Selection: Sponsor will randomly select the winner of the Sweepstakes from all eligible entries on or about the 5th business day after the Sweepstakes Period. Odds of winning will depend on the total number of eligible entries received.
9. ALL POTENTIAL SWEEPSTAKES PRIZE WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. AN ENTRANT IS NOT A WINNER OF ANY PRIZE, UNLESS AND UNTIL ENTRANT'S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
10. 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 terms and conditions. The potential Sweepstakes winners will be contacted via the email address they provided upon entry. Winners (parent/legal guardian if winner is a minor in his/her state of residence) may be required to sign and return to Wind & Weather, an affidavit of eligibility and liability/publicity release (except where prohibited) in order to claim his/her prize if applicable. If a potential Prize winner does not claim their prize within one week after the drawing and email notification the prize shall be forfeited. In the event a potential winner of any prize is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. There will be three (3) alternate drawings after which the prize will remain unawarded.
11. WINNERS LIST: Sweepstakes Results: For Sweepstakes results and/or a copy of these Official Rules, send a hand-printed, self-addressed, stamped envelope to "Wind & Weather Grand Gardens Sweepstakes", Sweepstakes Winners/Rules, c/o Wind & Weather, 7021 Wolftown Hood Road, Madison, VA 22727. Requests for winners list will be responded to within 30 days. Copyright © 2013 Wind & Weather. All Rights Reserved.
12. PUBLICITY: By participating in the Sweepstakes, any Entrant in the Sweepstakes, irrevocably grants the Sponsor and its respective successors, assigns and licensees, the right to use such Entrant's, name, likeness, biographical information in any and all media for any purpose, including without limitation, commercial, advertising and promotional purposes as well as in, on or in connection with its website or the Sweepstakes or other promotions, and hereby release the Sponsor from any liability with respect thereto, unless prohibited by law.
13. TAXES: All federal, state and/or local income and other taxes, if any, are the winner's sole responsibility.
14. INTERNET CONDITIONS: Sponsor is not responsible for lost or late entries nor for electronic-transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone-equipment, electronic, computer, hardware, or software malfunctions or limitations of any kind, or inaccurate transmissions of or failure to receive entry information by Sponsor or presenter on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof. If for any reason the Internet portion of the program is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes that corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, the Sponsor reserves the right at its sole discretion to disqualify any individual who tampers with the entry process and to cancel, terminate, modify, or suspend the Sweepstakes. Sponsor reserves the right to select winners from eligible entries received as of the termination date. CAUTION: Any attempt by a sweepstakesant to deliberately damage any website or undermine the legitimate operation of the game is a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek damages from any such sweepstakesant to the fullest extent of the law. If there is a dispute as to the identity of the Entrant, the prize will be awarded to the authorized account holder of the e-mail address. The "authorized account holder" is defined as the natural person to whom the e-mail address is assigned.
15. GENERAL CONDITIONS: By participating, Entrants agree to be fully and unconditionally bound by these Official Rules and the decisions of Sponsor and waive any right to claim ambiguity in the Sweepstakes or these Official Rules. Any portion of the Sweepstakes may be canceled, suspended and/or modified, in whole or in part, if in our opinion any fraud, technical failure or other factors beyond our control impair the integrity or proper functioning of the Sweepstakes. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Sweepstakes or the Website, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. You may not enter with multiple identities or use any automated system, bot or other device or artifice to enter or obtain more than the maximum number of qualified entries. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE SWEEPSTAKES. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
16. GENERAL RELEASE/LIMITATIONS OF LIABILITY: By entering this Sweepstakes, each Entrant agrees to release, discharge, indemnify and hold harmless Sponsor, Pinterest, and each of their respective parent companies, affiliates and subsidiaries, retailers, divisions, advertising and promotion agencies, and all others associated with the development and execution of this Sweepstakes, and each of their respective officers, directors, employees, representatives, agents, shareholders, successors and assigns (collectively "Releasees") from and against any and all claims, damages, disability, attorneys' fees, losses, actions, injuries, causes of action of any kind, expenses and costs, as well as any liability due to any injuries, damages or losses to any person (including death) or property of any kind that in any way now or hereinafter may arise from or relate to the Sweepstakes, including, without limitation, in connection with or resulting in whole or in part, directly or indirectly, from: (i) use, redemption, acceptance, possession, ownership, or misuse of any prize, (ii) participation in any activity, event, or excursion offered in connection with the prize, (iii) use of any facility, service and/or accommodation related to the prize, or (iv) participation in any Sweepstakes-related activity or participation in this Sweepstakes. The Releasees shall not be liable for: (i) late, lost, delayed, misdirected, incomplete unreadable, inaccurate, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software or other technical malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) any injuries, losses or damages of any kind caused by the prize or resulting from acceptance, possession or use of a prize, or from participation in the Sweepstakes; or (v) any printing, typographical, administrative or technological errors in any materials associated with the Sweepstakes. Without limiting the generality of the foregoing, Releasees are not responsible for computer malfunctions, network connections, email delivery problems, systems failure or incompatibility, typographical, technical or key-stroke errors, or interruptions in your internet service, and for incomplete, illegible, misdirected, misprinted, late, lost, damaged or stolen notifications. Without limiting the foregoing, in the event Sponsor is prevented from continuing with the Sweepstakes as contemplated herein by any event beyond its control, including but not limited to fire, flood, earthquake, explosion, labor dispute or strike, act of God or public enemy, or any federal, state or local government law, order, or regulation, or other cause not reasonably within Sponsor's control (each a "Force Majeure" event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, or terminate the Sweepstakes. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
18. Disputes: Except where prohibited, entrant agrees: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court in and for the District of Madison County or the appropriate Virginia State Court located in Madison County, Virginia; (2) 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 (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, 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. 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 Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Virginia, without giving effect to any choice of law or conflict of law rules (whether of the State of Virginia or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Virginia. Entrants hereby consent to jurisdiction in the state of Virginia and agree such jurisdiction is the most appropriate and convenient for resolution of disputes related to this Sweepstakes.