BWH Plant Co “Win Your Wishlist” Official Rules and Terms of Participation
No purchase or payment of any kind is necessary to enter or win. A purchase or payment will not increase your chances of winning. Void where prohibited by law, outside the United States (incl. D.C.). Subject to all federal, state, and local laws, regulations, and ordinances. Sweepstakes begins on [November 21, 2021] at 12:00:01 a.m. Eastern Time ("ET”) and ends on [November 30, 2021] at 11:59:59 p.m. EST (the "Sweepstakes Period"). The sponsor’s computer is the official time-keeping device for this Sweepstakes. This sweepstake is in no way sponsored, endorsed, administered by, or associated with Facebook, Inc., Twitter, Inc., or Instagram, Inc.
- Eligibility: The BWH Plant Co “Win Your Wishlist” Sweepstakes consists of one sweepstake, each with separate entry pools, entry periods, and winners (collectively and individually, the "Sweepstakes"). The Sweepstakes is open to legal U.S. residents currently residing in the fifty (50) United States (including the District of Columbia and excluding residents of Puerto Rico, and all other U.S. territories and possessions) who are at least eighteen (18) years of age (at least 19 years of age in Alabama and Nebraska and at least 21 years of age in Mississippi) at the time of entry. Void in Puerto Rico and all other U.S. territories and possessions and where prohibited by law. Employees, officers, and directors of BWH Plant Co ("Sponsor") and/or any of its parents, affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment, and marketing agencies, website providers, webmasters (collectively, the "Sweepstakes Entities"), and members of their immediate families (spouses, parents, siblings and children, regardless of where they live) and those living in the same household are not eligible to enter or win. Participation constitutes the entrant's full and unconditional agreement to these Official Rules and to Sponsor's decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein. All entrants must have access to the Internet prior to the start of the Sweepstakes. Sponsor reserves the right to verify the eligibility of winners.
- Sponsor: BWH Plant Co, 2322 Edgewater Dr, Orlando, FL 32804.
Please note: By entering in this Contest, you signify and agree that your Entry and any other materials submitted in connection with this Contest may be posted on Sponsor's website and/or other social media sites or applications associated with the Contest in a manner that is consistent with these Official Rules. You must provide all required information to be eligible to enter and win and all pins must comply with the requirements set forth under the "Content Guidelines" below or your Contest Board may be disqualified from eligibility. All potential winners are subject to verification before any prize will be awarded.
- How to Enter: To enter the Sweepstakes, the entrant must have the BWH Plant Co app (free on the Apple Store or Google Play Store), sign in to their account, enable push token, and add a minimum of 5 items to their wishlist. Entrants may enter any time beginning on 12:00:01 a.m. Eastern Time ("ET”) on November 21, 2021 and ending at 11:59:59 p.m. EST on November 30, 2021 (“Entry Period”).
- App Method of Entry: To enter, eligible participants must go to the BWH Plant Co App during the applicable Sweepstakes Period, and select items to add to their Wishlist. Participants must sign up for a BWH Plant Co account (if they do not already have one) in order to create a Wishlist. Signing up for a BWH Plant Co account is free and requires the submission of an email address and the creation of a password. Upon adding to your Wishlist, you will automatically be entered with one (1) entry into the applicable Sweepstakes.
By entering this Sweepstakes via the App Method of Entry, you signify and agree that your entry and any other materials submitted in connection with this Sweepstakes may be posted on the Sponsor's website and/or other social media sites or applications associated with the Sweepstakes in a manner that is consistent with these Official Rules and that you own all right, title and interest therein.
- Selection of Winners: The prize drawing will take place December 3, 2021. The entry pool for Sweepstakes will include entrants from [November 21, 2021] at 12:00:01 a.m. Eastern Time ("ET”) to [November 30, 2021] at 11:59:59 p.m. EST (the "Sweepstakes Period"). During the week following the conclusion of the Entry Period, the Sponsor will select a one (1) potential winner from among all eligible entries received during the applicable Entry Period. The odds of winning any Sweepstakes are based on the number of eligible entries received during the applicable Entry Period. Within twenty-four (24) hours after the potential winner for a Sweepstakes has been selected, the potential winner will be notified by email using the email address associated with his/her BWH Plant Co account. Within the required time period (if applicable), or in the event that a potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner selected by a random drawing from among all remaining eligible entries received during the applicable Entry Period.
If Sponsor is unable to determine and verify a potential winner after repeated alternate drawings or if Sponsor fails to receive a sufficient number of entries to correspond to the number of prizes available to be awarded, Sponsor reserves the right to not award the all prizes.
Verification of Potential Winners: ALL POTENTIAL 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.
- Prizes: The winner of the Sweepstakes will receive a BWH Plant Co promotional code for one single purchase valued at $300, which can be redeemed online or at our JungleRoom retail store located in College Park, FL. Terms and conditions apply to gift card; see the front and back of the card for more information. ARV of each prize: $300. Maximum total ARV of all prizes to be awarded in connection with the Sweepstakes: $300. Limit one (1) prize per person and per household throughout the entire Sweepstakes Period.
Prize Restrictions: Any and all applicable federal, state, provincial, territorial, and local taxes and all fees and expenses related to acceptance and use of prizes not specifically stated herein are the sole responsibility of the individual prize winner. Prize cannot be substituted, assigned, transferred, or redeemed for cash; however, Sponsor reserves the right to make equivalent prize substitutions at its sole discretion. The sponsor will not replace any lost or stolen prizes. Prizes cannot be used in conjunction with any other promotion or offer. Promotional code expires within 6 months of receiving and cannot be used on auction items.
- General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor's control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. If, for any reason, the Sweepstakes cannot be run as planned, Sponsor may, in its sole discretion, void any suspect entries and (a) modify the Sweepstakes or suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; or (b) award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment. Sponsor and its agencies are not responsible for lost, late, incomplete, damaged, stolen, misdirected, or illegible entries; lost, interrupted, or unavailable network, server, or other connections, garbled transmissions or miscommunications, telephone transmission problems; computer or software malfunctions or damage to a user's computer equipment (software or hardware); technical failures; or other errors or malfunctions of any kind whether human, mechanical, electronic, or otherwise. Proof of sending or submission of entry will not be deemed proof of receipt by Sponsor. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the entry process, any website associated with the Sweepstakes, and/or the legitimate operation of the Sweepstakes; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. No more than the stated number of prizes will be awarded. In event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
- Release and Limitations of Liability: By participating in this Sweepstakes, entrant agrees that Facebook, Twitter, Instagram, and TapCart and their respective parents, affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, web masters, and their respective officers, directors, employees, representatives and agents (the "Released Parties") are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (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 Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes 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 entrant's participation in the Sweepstakes or receipt or use or misuse of any prize.
ENTRANT AGREES THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANT AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE, ENTRY, OR PARTICIPATION IN THIS SWEEPSTAKES OR IN ANY SWEEPSTAKES-RELATED ACTIVITY, INCLUDING ACCESS TO AND USE OF THE INTERNET SITE WWW.BWHPLANTCO.COM OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO TRAVEL CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, EPIDEMIC, PANDEMIC, OR TERRORISM.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS SWEEPSTAKES, INCLUDING WWW.BWHPLANTCO.COM, AND ALL PRIZES, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
- Intellectual Property; Publicity Release: EXCEPT WHERE PROHIBITED BY LAW, WINNERS GRANT TO SPONSOR (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSOR), AND ITS PARENT, SUBSIDIARIES, AFFILIATES, RETAILERS, DISTRIBUTORS, ADVERTISING AND PROMOTION AGENCIES, SUPPLIERS, AND THOSE ACTING PURSUANT TO ITS AUTHORITY, THE IRREVOCABLE WORLDWIDE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING BUT NOT LIMITED TO THE WORLD WIDE WEB, AT ANY TIME OR TIMES, EACH WINNER'S NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, AND BIOGRAPHICAL INFORMATION FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME ON TELEVISION OR RADIO BROADCAST OR SOCIAL MEDIA PLATFORM) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION.
- Nature of Relationship/Waiver of Equitable Relief: Each entrant understands and acknowledges that the Sponsor has wide access to ideas, designs, and other materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each entrant also acknowledges that many ideas may be competitive with, similar or identical to the Content Submission and/or each other in theme, idea, format or other respects. Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of Sponsor's use of any such similar or identical material. Each entrant acknowledges and agrees that the Sponsor does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Content Submission. Finally, each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of Sponsor's actual or alleged exploitation or use of any Content Submission or other material submitted in connection with the Sweepstakes, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the Content Submission or any material based on or allegedly based on the Content Submission, and the entrant's rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
- Official Rules and Winners List: For a copy of the Official Rules, send a stamped, self-addressed envelope to: BWH Plant Co, 2322 Edgewater Dr, Orlando, FL 32804. For a list of winners, send a stamped, self-addressed envelope for receipt to: BWH Plant Co, 2322 Edgewater Dr, Orlando, FL 32804. Vermont residents may exclude return postage when requesting the Official Rules.
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