July 14, 2020
Garden Makeover Rules
Program
The Garden Makeover Program is intended to be conducted in Ontario only and shall be construed and evaluated according to the applicable Canadian law. No purchase is necessary. Void in whole or part where prohibited by law. Entry in this contest constitutes acceptance of these Program rules (the “Program Rules”).
ELIGIBILITY
To be eligible for this Program, an individual must be:
a) a legal resident of the Province of Ontario; and,
b) eighteen (18) years of age or older at the time of entry.
Employees of Landscape Ontario Horticultural Trades Association (collectively, the “Sponsors”), their respective parent companies, affiliates, subsidiaries, related companies, advertising and promotional agencies, and the immediate family members (i.e. spouses or biological, step or adoptive parents, children or siblings) and household members of any of the above, are not eligible to participate in the Program.
The Sponsors shall have the right at any time to require proof of identity and/or eligibility to participate in the Program. Failure to provide such proof may result in disqualification. All personal and other information requested by and supplied to the Sponsors for the purpose of the Program must be truthful, complete, accurate and in no way misleading. The Sponsors reserve the right, in their sole discretion, to disqualify any entrant should such an entrant at any stage supply untruthful, incomplete, inaccurate or misleading personal details and/or information.
Program PERIOD
The Program begins June 1, 2020 and ends at 12:00 a.m. a.m. ET on August 31, 2020 the ("Program Period”) after which time the Program will be closed and no further entries shall be accepted.
HOW TO ENTER
(a) There is no purchase necessary to enter the Program. To enter, complete nomination form at www.landscapeontario.com/hero
b) All entries become the sole property of the Sponsors and none will be returned for any reason. Entries must be received no later than the end of the Program Period. Entries will be declared invalid if they are late, illegible, incomplete, damaged, irregular, mutilated, forged, garbled or mechanically or electronically reproduced. No communication or correspondence will be exchanged with entrants except with those selected for a Prize, as applicable.
PRIZE
(a) Prize - There is one (1) grand prize available to be won by one Grand Prize winner (the “Winner”) consisting of one (1) garden makeover valued at approximately $25,000
(b) Chapter Prizes - There are nine (9) Regional Chapter Prizes to be won by nine winners. Each garden makeover will be valued at approximately $5,000.
c) The Grand Prize and Regional Chapter Prizes in the form of a letter (the “Prize Letter”) containing contact information and Prize redemption instructions, will be delivered to the Winner at the Winner’s residence within thirty (30) days after the Winner has been successfully contacted and notified of his/her Prize and fulfilled the requirements set out herein.
d)Prize cannot be exchanged, transferred or substituted for cash. Prize must be accepted as awarded and cannot be transferred, assigned, substituted or redeemed for cash, except at the sole discretion of the Sponsors. The Sponsors reserve the right to substitute the Prize or any portion of the Prize with a prize of equal or greater value. The Prize is awarded as-is and no warranties or guarantees are implied or expressed.
WINNER SELECTION
(a) The selected entrant will be notified by telephone or e-mail no later than Oct. 1, 2020. Upon notification, the selected entrant must respond by telephone to the contact number provided in the notification, within forty-eight (48) hours of such notification. If the selected entrant does not respond in accordance with the Program Rules, he/she will be disqualified and will not receive the Prize and another entrant may be selected in the Sponsors’ sole discretion until such time as an entrant satisfies the terms set out herein. The Sponsors are not responsible for the failure for any reason whatsoever of a selected entrant to receive notification or for the Sponsors to receive a selected entrant’s response.
(b) The winners will be selected by the Garden Makeover program Committee.
RELEASE
Each Winner will be required to execute a legal agreement and release (“Release”) that confirms each of the Winner’s: (i) eligibility for the Program and compliance with these Program Rules; (ii) acceptance of the Prize as offered; (iii) release of each of the Sponsors and their respective parent companies, subsidiaries, affiliates and/or related companies and each of their employees, directors, officers, suppliers, agents, sponsors, administrators, licensees, representatives, advertising, media buying and promotional agencies (collectively, the “Releasees”) from any and all liability for any loss, harm, damages, cost or expense arising out of participation in the Contest, participation in any Contest-related activity or the acceptance, use, or misuse of any Prize, including but not limited to costs, injuries, losses related to personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light, or from any and all claims of third parties arising there from; and (iv) grant to the Sponsors of the unrestricted right, in the Sponsors’ collective or individual discretion, to produce, reproduce, publish, broadcast, communicate by telecommunication, exhibit, distribute, adapt and otherwise use or re-use the name, photograph, likeness, voice and biography, in any and all media now known or hereafter devised, in connection with the Contest and the promotion and exploitation thereof. The executed Release must be returned within two (2) business days of notification to the entrant that he/she has been selected as the potential winner or the selected entrant will be disqualified and the Prize forfeited.
INDEMNIFICATION BY ENTRANT
By entering the Contest, entrant releases and holds Releasees harmless from any and all liability for any injuries, loss or damage of any kind to the entrant or any other person, including personal injury, death, or property damage, resulting in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of the Prize, participation in the Program, any breach of the Contest Rules, or in any Prize-related activity. The entrant agrees to fully indemnify Releasees from any and all claims by third parties relating to the Contest, without limitation.
LIMITATION OF LIABILITY
The Sponsors assume no responsibility or liability for lost, late, unintelligible/illegible, falsified, damaged, misdirected or incomplete entries, notifications, responses, replies or any Release, or for any telephone, hardware or technical malfunctions that may occur, including but not limited to malfunctions that may affect the transmission or non-transmission of an entry. The Sponsors are not responsible for any incorrect or inaccurate information, whether caused by any of the equipment or programming associated with or utilized in the Program or by any technical or human error which may occur in the administration of the Program. The Sponsors assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. The Sponsors are not responsible for any problems, failures or technical malfunction of any telephone network or lines, on account of technical problems or otherwise. The Sponsors are not responsible for any injury or damage to entrant related to or resulting from participating in this Program. Entrant assumes liability for injuries caused or claimed to be caused by participating in the Program, or by the acceptance, possession, use of, or failure to receive any Prize. The Sponsors assume no responsibility or liability in the event that the Program cannot be conducted as planned for any reason, including those reasons beyond the control of the Sponsors, such as tampering, unauthorized intervention, fraud, technical failures, or corruption of the administration, security, fairness, integrity or proper conduct of this Contest.
CONDUCT
By participating in the Program, each entrant agrees to be bound by the Contest Rules. Entrant further agrees to be bound by the decisions of the Sponsors, which shall be final and binding in all respects. The Sponsors reserve the right, in their sole discretion, to disqualify any entrant found to be: (a) violating the Contest Rules; (b) tampering or attempting to tamper with the entry process or the operation of the program; (c) violating the terms of service, conditions of use and/or general rules or guidelines of any of Sponsors’ properties or services; and/or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSORS RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING BUT NOT LIMITED TO CRIMINAL PROSECUTION.
PRIVACY / USE OF PERSONAL INFORMATION
(a) By participating in the Program, entrant: (i) grants to the Sponsors the right to use his/her name, mailing address, telephone number, and e-mail address (“Personal Information”) for the purpose of administering the Contest, including but not limited to contacting and announcing the Winner; and (ii) acknowledges that the Sponsors may disclose his/her Personal Information to third-party agents and service providers of any of the Sponsors in connection with any of the activities listed in (i) above.
INTELLECTUAL PROPERTY
All intellectual property, including but not limited to trade-marks, trade names, logos, designs, promotional materials, web pages, source code, drawings, illustrations, slogans and representations are owned by the Sponsors and/or their affiliates. All rights are reserved. Unauthorized copying or use of any copyrighted material or intellectual property without the express written consent of its owner is strictly prohibited.
TERMINATION
The Sponsors reserve the right, in their sole discretion, to terminate the Program, in whole or in part, and/or modify, amend or suspend the Program, and/or the Program Rules in any way, at any time, for any reason without prior notice.
LAW
These are the official Contest Rules. The Contest is subject to applicable federal, provincial and municipal laws and regulations. The Contest Rules are subject to change without notice in order to comply with any applicable federal, provincial and municipal laws or the policy of any other entity having jurisdiction over the Sponsors. All issues and questions concerning the construction, validity, interpretation and enforceability of the Contest Rules or the rights and obligations as between the entrant and the Sponsors in connection with the Contest shall be governed by and construed in accordance with the laws of the province of Ontario including procedural provisions without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction’s laws.
LANGUAGE DISCREPANCY
In the event of any discrepancy or inconsistency between the terms and conditions of the Program Rules and disclosures or other statements contained in any Program-related materials, including but not limited to the Program entry form, or point of sale, television, print or online advertising, the terms and conditions of the Program Rules shall prevail, govern and control.
The Garden Makeover Program is intended to be conducted in Ontario only and shall be construed and evaluated according to the applicable Canadian law. No purchase is necessary. Void in whole or part where prohibited by law. Entry in this contest constitutes acceptance of these Program rules (the “Program Rules”).
ELIGIBILITY
To be eligible for this Program, an individual must be:
a) a legal resident of the Province of Ontario; and,
b) eighteen (18) years of age or older at the time of entry.
Employees of Landscape Ontario Horticultural Trades Association (collectively, the “Sponsors”), their respective parent companies, affiliates, subsidiaries, related companies, advertising and promotional agencies, and the immediate family members (i.e. spouses or biological, step or adoptive parents, children or siblings) and household members of any of the above, are not eligible to participate in the Program.
The Sponsors shall have the right at any time to require proof of identity and/or eligibility to participate in the Program. Failure to provide such proof may result in disqualification. All personal and other information requested by and supplied to the Sponsors for the purpose of the Program must be truthful, complete, accurate and in no way misleading. The Sponsors reserve the right, in their sole discretion, to disqualify any entrant should such an entrant at any stage supply untruthful, incomplete, inaccurate or misleading personal details and/or information.
Program PERIOD
The Program begins June 1, 2020 and ends at 12:00 a.m. a.m. ET on August 31, 2020 the ("Program Period”) after which time the Program will be closed and no further entries shall be accepted.
HOW TO ENTER
(a) There is no purchase necessary to enter the Program. To enter, complete nomination form at www.landscapeontario.com/hero
b) All entries become the sole property of the Sponsors and none will be returned for any reason. Entries must be received no later than the end of the Program Period. Entries will be declared invalid if they are late, illegible, incomplete, damaged, irregular, mutilated, forged, garbled or mechanically or electronically reproduced. No communication or correspondence will be exchanged with entrants except with those selected for a Prize, as applicable.
PRIZE
(a) Prize - There is one (1) grand prize available to be won by one Grand Prize winner (the “Winner”) consisting of one (1) garden makeover valued at approximately $25,000
(b) Chapter Prizes - There are nine (9) Regional Chapter Prizes to be won by nine winners. Each garden makeover will be valued at approximately $5,000.
c) The Grand Prize and Regional Chapter Prizes in the form of a letter (the “Prize Letter”) containing contact information and Prize redemption instructions, will be delivered to the Winner at the Winner’s residence within thirty (30) days after the Winner has been successfully contacted and notified of his/her Prize and fulfilled the requirements set out herein.
d)Prize cannot be exchanged, transferred or substituted for cash. Prize must be accepted as awarded and cannot be transferred, assigned, substituted or redeemed for cash, except at the sole discretion of the Sponsors. The Sponsors reserve the right to substitute the Prize or any portion of the Prize with a prize of equal or greater value. The Prize is awarded as-is and no warranties or guarantees are implied or expressed.
WINNER SELECTION
(a) The selected entrant will be notified by telephone or e-mail no later than Oct. 1, 2020. Upon notification, the selected entrant must respond by telephone to the contact number provided in the notification, within forty-eight (48) hours of such notification. If the selected entrant does not respond in accordance with the Program Rules, he/she will be disqualified and will not receive the Prize and another entrant may be selected in the Sponsors’ sole discretion until such time as an entrant satisfies the terms set out herein. The Sponsors are not responsible for the failure for any reason whatsoever of a selected entrant to receive notification or for the Sponsors to receive a selected entrant’s response.
(b) The winners will be selected by the Garden Makeover program Committee.
RELEASE
Each Winner will be required to execute a legal agreement and release (“Release”) that confirms each of the Winner’s: (i) eligibility for the Program and compliance with these Program Rules; (ii) acceptance of the Prize as offered; (iii) release of each of the Sponsors and their respective parent companies, subsidiaries, affiliates and/or related companies and each of their employees, directors, officers, suppliers, agents, sponsors, administrators, licensees, representatives, advertising, media buying and promotional agencies (collectively, the “Releasees”) from any and all liability for any loss, harm, damages, cost or expense arising out of participation in the Contest, participation in any Contest-related activity or the acceptance, use, or misuse of any Prize, including but not limited to costs, injuries, losses related to personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light, or from any and all claims of third parties arising there from; and (iv) grant to the Sponsors of the unrestricted right, in the Sponsors’ collective or individual discretion, to produce, reproduce, publish, broadcast, communicate by telecommunication, exhibit, distribute, adapt and otherwise use or re-use the name, photograph, likeness, voice and biography, in any and all media now known or hereafter devised, in connection with the Contest and the promotion and exploitation thereof. The executed Release must be returned within two (2) business days of notification to the entrant that he/she has been selected as the potential winner or the selected entrant will be disqualified and the Prize forfeited.
INDEMNIFICATION BY ENTRANT
By entering the Contest, entrant releases and holds Releasees harmless from any and all liability for any injuries, loss or damage of any kind to the entrant or any other person, including personal injury, death, or property damage, resulting in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of the Prize, participation in the Program, any breach of the Contest Rules, or in any Prize-related activity. The entrant agrees to fully indemnify Releasees from any and all claims by third parties relating to the Contest, without limitation.
LIMITATION OF LIABILITY
The Sponsors assume no responsibility or liability for lost, late, unintelligible/illegible, falsified, damaged, misdirected or incomplete entries, notifications, responses, replies or any Release, or for any telephone, hardware or technical malfunctions that may occur, including but not limited to malfunctions that may affect the transmission or non-transmission of an entry. The Sponsors are not responsible for any incorrect or inaccurate information, whether caused by any of the equipment or programming associated with or utilized in the Program or by any technical or human error which may occur in the administration of the Program. The Sponsors assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. The Sponsors are not responsible for any problems, failures or technical malfunction of any telephone network or lines, on account of technical problems or otherwise. The Sponsors are not responsible for any injury or damage to entrant related to or resulting from participating in this Program. Entrant assumes liability for injuries caused or claimed to be caused by participating in the Program, or by the acceptance, possession, use of, or failure to receive any Prize. The Sponsors assume no responsibility or liability in the event that the Program cannot be conducted as planned for any reason, including those reasons beyond the control of the Sponsors, such as tampering, unauthorized intervention, fraud, technical failures, or corruption of the administration, security, fairness, integrity or proper conduct of this Contest.
CONDUCT
By participating in the Program, each entrant agrees to be bound by the Contest Rules. Entrant further agrees to be bound by the decisions of the Sponsors, which shall be final and binding in all respects. The Sponsors reserve the right, in their sole discretion, to disqualify any entrant found to be: (a) violating the Contest Rules; (b) tampering or attempting to tamper with the entry process or the operation of the program; (c) violating the terms of service, conditions of use and/or general rules or guidelines of any of Sponsors’ properties or services; and/or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSORS RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING BUT NOT LIMITED TO CRIMINAL PROSECUTION.
PRIVACY / USE OF PERSONAL INFORMATION
(a) By participating in the Program, entrant: (i) grants to the Sponsors the right to use his/her name, mailing address, telephone number, and e-mail address (“Personal Information”) for the purpose of administering the Contest, including but not limited to contacting and announcing the Winner; and (ii) acknowledges that the Sponsors may disclose his/her Personal Information to third-party agents and service providers of any of the Sponsors in connection with any of the activities listed in (i) above.
INTELLECTUAL PROPERTY
All intellectual property, including but not limited to trade-marks, trade names, logos, designs, promotional materials, web pages, source code, drawings, illustrations, slogans and representations are owned by the Sponsors and/or their affiliates. All rights are reserved. Unauthorized copying or use of any copyrighted material or intellectual property without the express written consent of its owner is strictly prohibited.
TERMINATION
The Sponsors reserve the right, in their sole discretion, to terminate the Program, in whole or in part, and/or modify, amend or suspend the Program, and/or the Program Rules in any way, at any time, for any reason without prior notice.
LAW
These are the official Contest Rules. The Contest is subject to applicable federal, provincial and municipal laws and regulations. The Contest Rules are subject to change without notice in order to comply with any applicable federal, provincial and municipal laws or the policy of any other entity having jurisdiction over the Sponsors. All issues and questions concerning the construction, validity, interpretation and enforceability of the Contest Rules or the rights and obligations as between the entrant and the Sponsors in connection with the Contest shall be governed by and construed in accordance with the laws of the province of Ontario including procedural provisions without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction’s laws.
LANGUAGE DISCREPANCY
In the event of any discrepancy or inconsistency between the terms and conditions of the Program Rules and disclosures or other statements contained in any Program-related materials, including but not limited to the Program entry form, or point of sale, television, print or online advertising, the terms and conditions of the Program Rules shall prevail, govern and control.