Desert Botanical Garden’s “We Love our Members” Sweepstakes
OFFICIAL RULES
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE A PERSON’S CHANCES OF WINNING.
AGREEMENT TO OFFICIAL RULES. Participation in Desert Botanical Garden’s “We Love Our Members” Sweepstakes (“Sweepstakes”) constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of Desert Botanical Garden (“Sponsor”), 1201 N Galvin Pkwy, Phoenix, AZ 85008. Winning a prize is contingent upon fulfilling all requirements set forth herein.
ODDS OF WINNING. The odds of winning depend upon the number of eligible entries received.
ELIGIBILITY. This Sweepstakes is open only to legal residents of the State of Arizona who are 18 years of age or older as of date of entry. All directors, officers and employees of Sponsor, and its parent companies, subsidiaries, affiliates, and advertising and promotion agencies, are not eligible to participate in the Sweepstakes, as well as their immediate family members (spouse, parents, siblings, and children and their respective spouses, regardless of where they live) and household members of each such director, officer, or employee, whether or not related, are not eligible to participate in the Sweepstakes. All federal, state and local laws, rules and regulations apply. Void where prohibited by law.
HOW TO ENTER. The Sweepstakes begins at 12:01 AM Arizona Time (“AT”) on February 1, 2021, and ends at 11:59 pm PM AT on February 28, 2021 (the “Entry Period”). The Sponsor’s computer system shall be the official timekeeper. To enter the Sweepstakes, you must do the following during the Entry Period:
- Garden Visit Entry. During the Entry Period, to receive one (1) Sweepstakes entry, entrant must purchase a ticket or use the entrant’s membership (or any other free method of entry) to enter the Desert Botanical Garden located at 1201 N Galvin Pkwy, Phoenix, AZ 85008 (the “Garden”).
- Email Entry. During the Entry Period, to receive one (1) Sweepstakes entry without purchasing a ticket or visiting the Garden, entrant must send an email to membership@dbg.org with the subject line “We Love Our Members Sweepstakes” and include in the body of the email your first and last name, age, phone number (including area code), email address, and mailing address. If you submit an email entry using a mobile device on a wireless service provider’s network (as opposed to a Wi-Fi network), your carrier’s data rates will apply. You should consult your wireless service provider’s pricing plan for details. You agree to incur any and all charges demanded by your wireless carrier.
Limit of one (1) Sweepstakes entry regardless of entry method per during the Entry Period. Sponsor is not responsible for lost, late, incomplete, illegible, invalid, unintelligible or misdirected or stolen entries, which may be disqualified. Any attempt by entrant to obtain more than the permitted number of entries by using multiple/different email addresses, identities, registrations, or any other methods may void your entries and you may be disqualified from the Sweepstakes. In the event of a dispute as to the identity of any entrant, the entry will be deemed submitted by the ticket purchaser/membership account holder used to enter the Garden or the authorized account holder of the e-mail address associated with email entry, as applicable. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet Access Provider, online service provider, or other organization (e.g., business, educational institute) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Winners may be required to show proof of being the authorized account holder. If a dispute cannot be resolved to the Sponsor’s satisfaction, the potential winner will be disqualified. Sponsor reserves the right to disqualify any individual found, in its sole opinion, to be tampering with the operation of the Sweepstakes, to be acting in violation of these Official Rules or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of a Sweepstakes. CAUTION AND WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE THE SWEEPSTAKES OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
WEEKLY DRAWINGS. Sponsor will hold one (1) random weekly drawing on each Monday (for a total of four (4) random drawings) during the Entry Period, beginning on Monday February 8, 2021, and continuing until Monday, March 1, 2021 (each, a “Weekly Drawing”). For each Weekly Drawing, Sponsor will conduct a random drawing from among all eligible Sweepstakes entries received by Sponsor between 12:01 am AT on the Monday immediately before the Weekly Drawing and 11:59 pm AT on the Sunday immediately preceding the Weekly Drawing (i.e., for the first Weekly Drawing on Monday, February 8, 2021, all eligible entries must be received between 12:01 am AT on Monday, February 1, 2021 and 11:59 PM AT on February 7, 2021), and will select one (1) potential winner in each Weekly Drawing from all eligible entries received. Non-winning entries in any Weekly Drawing will be rolled over and included in any subsequent Weekly Drawing during the Entry Period.
WINNER VERIFICATION. Each potential winner will require verification of his/her eligibility and compliance with these Official Rules as determined by Sponsor, at Sponsor’s sole discretion. All potential winners will be notified by phone or email associated with the entrant’s ticket/membership account or provided on the entrant’s email entry, as applicable). Note: phone messages will not be left during the winner notification process. If entrant declines in writing to accept a prize, such documents are not returned within the specified time period, prize or prize notification is returned as undeliverable, the Sponsor is unable to contact a potential winner within a reasonable time period, or a potential winner is not otherwise in compliance with these Official Rules, the prize will be forfeited and, at the Sponsor’s sole discretion and time permitting, it may select an alternate winner from all remaining eligible entries. There will be three (3) alternate drawings after which the prize will remain unawarded. Prizes will be fulfilled approximately seven (7) business days after the conclusion of the particular drawing.
PRIZES. Each Weekly Drawing winner will receive one (1) annual “Senita” level membership to the Garden. Approximate retail value (“ARV”) of each Weekly Drawing prize is $109. All ARV for all prizes in this Sweepstakes is $436. Limit of one (1) prize per person/household for the Sweepstakes. Prizes are subject to all terms and conditions of Garden membership (available at https://dbg.org/support/membership/levels-and-benefits/). The prizes are provided as-is with no guarantee. All warranties, whether express or implied, including the warranties of merchantability and fitness for a particular purpose, are hereby disclaimed by the Sponsor. All prize details are at Sponsor’s sole discretion. Prizes are non-transferable and non-assignable, and will be provided only to the winner, with no substitutions except at the Sponsor’s sole discretion. The winner is fully responsible for any and all applicable federal, state, and local taxes associated with prize use or acceptance. All costs and expenses associated with prize acceptance and use not specified herein are the sole responsibility of the applicable winner. No interest will be paid on any prize. Other restrictions may apply.
PUBLICITY RIGHTS. By participating in the Sweepstakes and accepting any prize, each entrant agrees to allow Sponsor and/or Sponsor’s designee the perpetual right to use his or her name, biographical information, photos and/or likeness, and statements for promotion, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered, including live television, worldwide, including but not limited to on the World Wide Web and Internet, without notice, review or approval and without additional compensation except where prohibited by law.
LIMITATION OF LIABILITY. By participating in the Sweepstakes, entrants agree to release and hold harmless all directors, officers and employees of the Sponsor, and its parent companies, subsidiaries, affiliates, and advertising and promotion agencies (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Sweepstakes, or receipt or use of any prize, including, but not limited to: (a) lost, late, incomplete, stolen, misdirected, postage due, or undeliverable email notifications or postal mail; (b) any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections or availability; or garbled, corrupt or jumbled transmissions, service provider/Internet/Website/UseNet accessibility, availability or traffic congestion; (c) any technical, mechanical, printing, or typographical or other error; (d) unauthorized human intervention in the Sweepstakes; (e) any prize that has been lost or stolen after being received by the recipient; (f) inaccurate capture of registration information, or the failure to capture, or loss of, any such information; (g) injury or damage to any person or property that may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or acceptance, receipt, use, or misuse of any prize, including any and all applicable federal, state, and local taxes; and (h) any claims based on publicity rights, copyright/trademark infringement, intellectual property rights, defamation or invasion of privacy and merchandise delivery. If, for any reason, an entry is confirmed to have been erroneously deleted, lost or otherwise destroyed, corrupted or for any other reason not accepted as an entry in the Sweepstakes, entrant’s sole remedy is to enter the Sweepstakes again and to receive another entry. If for any reason, Sponsor believes the Sweepstakes is not capable of running as planned, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes and/or proceed with the Sweepstakes, including the selection of winners in a manner it deems fair and reasonable.
MISCELLANEOUS. The decisions of Sponsor are final with respect to all aspects of this Sweepstakes. The Sweepstakes and these Official Rules will be governed, construed, and interpreted under the laws of the State of Arizona, USA, without regard to choice of law principles. Except where prohibited, entrant agrees that: (a) 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 for the District of Arizona or the appropriate Arizona State Court located either in Maricopa County, Arizona; (b) 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 (c) 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. For purposes of these Official Rules, (i) the words “include,” “includes” and “including” shall be deemed to be followed by the words “without limitation”; (ii) the word “or” is not exclusive; and (iii) the words “herein,” “hereof,” “hereby,” “hereto,” and “hereunder” refer to these Official Rules as a whole. In the event of any conflict with any Sweepstakes details contained in these Official Rules, and Sweepstakes details contained in any promotional materials (including, but not limited to, point of sale, television and print advertising, promotional packaging and other promotional media), the details of the Sweepstakes as set forth in these Official Rules shall prevail.
PRIVACY POLICY. By participating in the Sweepstakes, entrant authorizes the Sponsor to collect, use, process, transfer and store all data provided by entrant, including without limitation, personal data, in the United States, or any location(s) throughout the world that the Sponsor deems necessary, whether within entrant’s country of residence or elsewhere, and with such party(ies) as the Sponsor deems appropriate, for purposes of administration of the Sweepstakes. All information submitted to the Sponsor as part of this Sweepstakes will be treated in accordance with the Sponsors’ privacy statement, available at https://dbg.org/privacy/. Sponsor will only use entrant’s personal information to: (a) provide information about the Sweepstakes; (b) contact and publicize potential winners; and/or (c) if an entrant selects to receive additional information from the Sponsor, to send additional information to that entrant during or after the Entry Period. Entrants to the Sweepstakes may be given the option to receive commercial e-mails from the Sponsor; however, eligibility to participate in the Sweepstakes is not dependent upon entrant’s consent to receive such e-mails. Entrants must fully complete and submit all non-optional data the Sponsor requests to be eligible. Entrants have the right to withdraw and correct their personal data, but entrants are not allowed to re-submit their entries for additional entries in the Sweepstakes. In the event of any conflict with any Sweepstakes details contained in these Official Rules, and Sweepstakes details contained in any promotional materials (including, but not limited to, point of sale, television and print advertising, promotional packaging and other promotional media), the details of the Sweepstakes as set forth in these Official Rules shall prevail.
WINNERS LIST. To obtain a list of the names of the winners (first name, first initial of last name), interested individuals should send a self-addressed stamped envelope to be received by 8/31/21 to: Desert Botanical Garden, c/o “We Love Our Members” Sweepstakes, 1201 N Galvin Pkwy, Phoenix, AZ 85008.
SPONSOR. Desert Botanical Garden, 1201 N Galvin Pkwy, Phoenix, AZ 85008.
© 2021 Desert Botanical Garden. All rights reserved.
