LOVE YOUR FARMERS MARKET CONTEST (2009)
NO PURCHASE, DONATION OR FEE NECESSARY TO PARTICIPATE. A PURCHASE, DONATION OR PAYMENT OF ANY KIND WILL NOT INCREASE ANY CHANCE OF WINNING.
The following terms and conditions ("Terms") apply to the Love Your Farmers Market Contest (2009) (the "Contest") sponsored by Care2.com, Inc ("Care2" or "Sponsor") via http://www.care2.com/farmersmarket (the "Care2 Website").
INDIVIDUAL PARTICIPANTS: The Contest is open only 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 registration for participation in the Contest ("Participants").
FARMERS MARKETS: Only the farmers markets (each a "Market" and collectively, "Markets") listed in the Care2 Contest database (as supplied by LocalHarvest.org), are eligible as potential contest Award winners.
EMPLOYEES AND AGENTS OF THE SPONSOR AND PRIZE SUPPLIERS, AND THEIR IMMEDIATE FAMILIES ARE INELIGIBLE TO PARTICIPATE IN THE CONTEST.
The Contest begins at 12:00 AM (Pacific U.S. Time Zone) on June 19, 2009, and ends 11:59 PM (Pacific U.S. Time Zone) on September 17, 2009 (the "Contest Period").
In order to participate as a voter in the Contest, you must first register during the Contest Period as a Participant through the Care2 Website utilizing the technology and online tools available from Care2. To vote for a Market of the Participant's individual choice, Participants must follow the online instructions to search for a farmers market listed in the Care2 Contest database and submit all required information completely and accurately. Participants must have a valid personal email address to participate and may only register once. Only one vote per Participant. Only votes made online by eligible Participants during the Contest Period will be counted. No group registration, group votes or mail-in votes are permitted and are void. No software-generated, robotic, programmed, script, macro or other automated online or text message entries are permitted and are void.
There are five award categories totaling $16,208.85 in value:
Thirteen (13) "Weekly Awards" totaling $3,250 will be awarded, as follows: For each of the below stated thirteen Weekly Periods completed during the Contest Period, one (1) Market will be selected by random drawing from among all Markets who receive at least five (5) eligible votes during the applicable weekly period, to receive an award of $250 cash:
Week 1: Friday June 19, 2009 12:00 AM to Thursday June 25, 2009 11:59 PM
Week 2: Friday June 26, 2009 12:00 AM to Thursday July 2, 2009 11:59 PM
Week 3: Friday July 3, 2009 12:00 AM to Thursday July 9, 2009 11:59 PM
Week 4: Friday July 10, 2009 12:00 AM to Thursday July 16, 2009 11:59 PM
Week 5: Friday July 17, 2009 12:00 AM to Thursday July 23, 2009 11:59 PM
Week 6: Friday July 24, 2009 12:00 AM to Thursday July 30, 2009 11:59 PM
Week 7: Friday July 31, 2009 12:00 AM to Thursday August 6, 2009 11:59 PM
Week 8: Friday August 7, 2009 12:00 AM to Thursday August 13, 2009 11:59 PM
Week 9: Friday August 14, 2009 12:00 AM to Thursday August 20, 2009 11:59 PM
Week 10: Friday August 21, 2009 12:00 AM to Thursday August 27, 2009 11:59 PM
Week 11: Friday August 28, 2009 12:00 AM to Thursday September 3, 2009 11:59 PM
Week 12: Friday September 4, 2009 12:00 AM to Thursday September 10, 2009 11:59 PM
Week 13: Friday September 11, 2009 12:00 AM to Thursday September 17, 2009 11:59 PM
(Each drawing to be held the week after the applicable Weekly Period as soon as commercially practical; and, for purposes of this Contest, all times are stated in Pacific U.S. Time Zone);
Thirteen (13) "Weekly Voter Awards" totaling $259.35 will be awarded, as follows: For each of the above stated thirteen Weekly Periods completed during the Contest Period, one (1) Participant will be selected by random drawing from all Participants who voted during the applicable weekly period to receive an award of one (1) Care2 tote bag at retail value of $19.95.
(Each drawing to be held the week after the applicable Weekly Period as soon as commercially practical; and, for purposes of this Contest, all times are stated in Pacific U.S. Time Zone); and
Ten (10) "Recruiters Awards" totaling $699.50 will be awarded, as follows: $50 cash and a Care2 tote bag (ARV $19.95) will be awarded to each of the top ten (10) Participants who recruit the most Participants to vote for a qualified Market during the Contest Period.
The Grand Award, Participation Awards, Weekly Awards, Weekly Voter Awards and Recruiters Awards shall collectively be referred to herein as the "Awards" unless otherwise indicated.
Only one Market is eligible to receive a Grand Award or a Participation Award.
No Market is eligible to receive more than one (1) of the Weekly Awards even if having met the criteria for receiving more than one of the Weekly Awards. No Participant is eligible to receive more than one (1) of the Weekly Voter Awards even if having met the criteria for receiving more than one of the Weekly Voter Awards.
Each Market that is awarded one of the Weekly Awards is also eligible to win the Grand Award or a Participation Award.
In the event of a tie for any Award (in which more than one winner is eligible to receive), the Award winner shall be decided by a tie breaker, as follows: the winner shall be the Market whose last vote was first received by Care2.
Chances of Winning An Award:
The chance of an eligible Market receiving the Grand Award or a Participation Award or a Weekly Award depends on the number of eligible votes cast for the Market during the respective Awards periods.
The chance of a Participant receiving a Recruiters Award or Weekly Voter Award depends on the number of Participants, the number of Participants who recruit other Participants, and the total number of Participants recruited by each Participant during the Contest Period.
Weekly Award and Weekly Voter Award winners will be notified by email (or other contact information provided) during the week following the Weekly Period in which they were selected to receive the Weekly Award or Weekly Voter Award. All other eligible Award winners will be notified by email (or other contact information provided at registration) and announced on the Care2 Website within 30 days after the end of the Contest or as soon thereafter as commercially practical.
Upon request of Care2, each Market identified to win the Grand Award, a Participation Award or Weekly Award, must sign and promptly return to Care2 (within seven (7) calendar days of receipt of Care2's request) an affidavit of eligibility, release of liability and promotional release to claim and receive the applicable Award. Entry into the Contest constitutes agreement to sign such an affidavit.
Participants agree to the public use of their name, address, photograph, videograph, likeness and other provided biographical information by Care2 and its affiliates for legal compliance and marketing and promotional activities related to the Contest during and after the Contest Period, including without limitation, posting a Participant's name on "leader boards," Participant lists, Award winners lists, Contest marketing and advertising materials (which may incorporate Care2's or other affiliated parties' names, brands, products and services) and on banners, message boards, forums, blogs and online social community network profiles and groups on the Care2 Website ("Sponsor Materials"), without notice and without compensation, royalty, accounting, liability or obligation of any kind to any Participant. Except as required by law, nothing herein shall require or obligate Sponsor to use or disclose any entrant's name, address, photograph, videograph, likeness, etc., for any reason.
All information and materials submitted to Care2 by Participants in connection with this Contest through registration or otherwise will be considered a Contest "Posting" or "Postings" and shall be the sole property of Care2 and not returned. All contents of Postings, with the exception of any incorporated Contest Materials, must be completely original to the Participant and must not have been taken or composed in whole or in part from any other source, including, without limitation, all graphical, video and musical elements, imagery and artwork appearing in the Postings, and must be free and clear of any liens or claims with respect to the use of the Postings, and that such use will not give rise to any claims or infringement, invasion of privacy or publicity, or claims for any payment whatsoever including, but not limited to, claims for re-use fees or residuals.
Care2 (and any and all of its subsidiaries and affiliates) shall have the right, but not the obligation, to use any Postings submitted pursuant to these Terms on the Care2 Website (or affiliated websites' website pages) and in or on any other printed or electronic periodical, magazine, programming channel, broadcast or other public display and performance, at any time in the future, without notice and without compensation, royalty, accounting, liability or obligation of any kind to any Participant.
All Participants agree that any and all Postings made in the course of their participation in the Contest shall be in compliance with these Terms and not contain, include or involve any unlawful activity, violation of third party rights or any of the following: animal abuse; obscenity; crude, vulgar or offensive pictures, depictions, images, language and/or symbols; commercial advertising (other than Sponsor Materials); trade libel; personally identifiable information of any third party, including but not limited to license plates, phone numbers, personal addresses — physical or email or otherwise; illegal drug or alcohol use or abuse; derogatory characterizations of any ethnic, racial, sexual or religious groups, humiliation of other people (publicly or otherwise), or any assault or threatening of others; violation of anyone's right of privacy, including any statements that may be true but of private facts; trespass or the violation of other people's rights or property; illegal (e.g., discriminatory, harassing) or inappropriate activity, behavior or conduct (e.g., inflicting emotional distress); defamatory, libelous, threatening or other material that advocates against any individual or group including products/services promoting discriminatory behavior (e.g., racial, religious, gender, nationality, sexual orientation); or any other content, display, materials and/or images that is or could be considered inappropriate, unsuitable or offensive, as determined by Care2, in its sole discretion.
BY ENTERING THIS CONTEST, YOU AGREE TO RELEASE AND HOLD HARMLESS SPONSOR, ITS AFFILIATES, PRIZE SUPPLIERS, RETAILERS AND ADVERTISING AND PROMOTIONS AGENCIES, PARTICIPATING MARKETS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE "RELEASED PARTIES") FROM ANY AND ALL CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, CONSEQUENTIAL, PUNITIVE, INCIDENTAL, SPECIAL OR INCREASED DAMAGES AND THOSE RELATED TO PERSONAL INJURY, DEATH OR DAMAGE TO PROPERTY), LOSSES, COSTS AND EXPENSES, OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING FROM OR RELATED TO THIS CONTEST, INCLUDING BUT LIMITED TO THE ENTRY AND PARTICIPATION IN THE CONTEST, THE ACCEPTANCE AND/OR USE (OR MISUSE) OF ANY PRIZE, OR ANY DELAY, INTERRUPTION, EARLY TERMINATION OR FORFEITURE, IN WHOLE OR IN PART, OF ANY PRIZE, EVEN IF SPONSOR OR ITS AFFILIATES AND REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CONSEQUENCES, LIABILITY, LOSSES, DAMAGES, COSTS AND EXPENSES.
WITHOUT LIMITING THE FOREGOING, PARTICIPANT'S FURTHER AGREE THAT RELEASED PARTIES SHALL NOT BE LIABLE FOR ANY DAMAGES, LOSSES, COSTS OR EXPENSES, OF ANY KIND, ARISING FROM OR RELATED TO ACTS OF GOD, ACTS OF GOVERNMENT, ACTS OF TERROR, ACTS OF WAR, CIVIL UNREST, LABOR SHORTAGES AND/OR STRIKES, EVEN IF SPONSOR OR ANY OF THE OTHER PARTIES WERE AWARE OF THE POSSIBILITY OF ANY SUCH EVENTS OCCURRING.
Except as expressly stated herein, the Released Parties make no representations or warranties of any kind and expressly disclaim any implied representations and warranties, including, but not limited to, warranties of title, merchantability or fitness for a particular purpose or use or noninfringement or affiliation or sponsorship of any Market. Sponsor does not authorize anyone to make any representation or warranty of any kind on Sponsor's behalf and you may not rely on any third party statement of warranty as a representation or warranty by Sponsor.
BY ENTERING THIS CONTEST, PARTICIPANTS AGREE TO INDEMNIFY AND HOLD HARMLESS THE RELEASED PARTIES AND THEIR SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY AND ALL DAMAGES AND EXPENSES OF ANY KIND (INCLUDING ATTORNEYS' FEES, COSTS AND LITIGATION EXPENSES) ARISING FROM OR RELATED TO ANY CAUSE OR ACTION RELATED TO THIS CONTEST, INCLUDING WITHOUT RESTRICTION THE AWARD, ACCEPTANCE AND USE OR MISUSE OF ANY PRIZE, AND/OR THE REPRODUCTION, USE, PUBLICATION, DISPLAY, DISTRIBUTION OR OTHER COMMERCIAL OR NON-COMMERCIAL USE OF THE CONTENT (IN WHOLE OR IN PART) OF ANY POSTING (OR ANY PORTION THEREOF) SUBMITTED BY PARTICIPANTS TO SPONSOR.
ANY VIOLATION OF THESE TERMS BY A PARTICIPANT, POTENTIAL AWARD WINNER OR AWARD WINNER, OR ANY BEHAVIOR BY A PARTICIPANT, POTENTIAL AWARD WINNER OR AN AWARD WINNER, THAT WILL BRING SPONSOR OR ANY OTHER PARTY INTO DISREPUTE (IN THE SPONSOR'S SOLE DISCRETION) WILL RESULT IN DISQUALIFICATION, TERMINATION AND FORFEITURE OF ALL RIGHTS AND PRIVILEGES AS A PARTICIPANT, POTENTIAL AWARD WINNER AND/OR AWARD WINNER.
ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY VIOLATE CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK CIVIL DAMAGES FROM ANY AND ALL RESPONSIBLE PARTIES.
Care2 reserves the right to cancel, terminate or modify any transmission or other activity not capable of completion as planned, including by reason of infection by computer virus, bugs, tampering, unauthorized intervention, force majeure or technical failures of any sort. Care2 is not responsible for errors in the administration or fulfillment of the Contest, including without limitation mechanical, human, printing, distribution or production errors, and may modify or cancel the Contest based upon such error at its sole discretion without liability to any Participant or other person or entity. Care2 assumes no responsibility for the incorrect or inaccurate posting of information whether caused by any of the equipment or programming associated with or utilized in the Contest or by any human error which may occur in the processing of the Postings in the Contest. Care2 is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or players on account of technical problems or traffic congestion on the Internet or at any web site, or any combination thereof, including, without limitation, any injury or damage to a Participant's or any other person's computer related to or resulting from participation or downloading any materials (including, without limitation, the Sponsor Materials) for the Contest. Care2 is not responsible for any typographical or other error in the printing of any materials, administration of the Contest, or in the announcement of the Awards or Award winners. If, for any reason, a particular farmers market is not capable of being offered and/or donated to as planned, including, without limitation, due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Care2 which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, Care2 reserves the right in their sole discretion to suspend, terminate, or modify these Terms and/or the Contest.
The construction, validity, interpretation and enforceability of these Terms shall be governed by the laws of the State of California (U.S.A.), without application of conflict of law or choice of law provisions of any jurisdiction. All disputes arising out of or connected with the Contest will be resolved individually, and without resort to class action, exclusively by a state or federal court located in San Mateo County, California. Each Participant waives any and all objections to jurisdiction and venue in these courts and hereby submits to the jurisdiction and venue of those courts.
These Terms may not be amended, modified or waived except in a writing signed by a duly authorized officer of Sponsor. Sponsor reserves the right in its sole discretion to amend, modify or waive these Terms, in whole or in part, at any time without prior notice or the consent of Participants or any other third party. These Terms will be posted on Sponsor's Website for the Contest Period and until such time as the Contest is terminated and all Awards given in accordance herewith.
Winnerís List. For a list of Award winners, visit Sponsor's Website on or after November 1, 2009. Alternatively, for a list of Award winners send a self-addressed, stamped envelope to Care2.com, Inc., Farmers Market Contest (2009), 275 Shoreline Drive, Suite 300, Redwood City, CA 94065. Residents of Vermont need not include return postage.
Sponsor. Any questions or comments concerning these Terms or the Contest must be directed to: Care2.com, Inc., Farmers Market Contest (2009), 275 Shoreline Drive, Suite 300, Redwood City, CA 94065.