SURVEY SWEEPSTAKES (Fort Worth Botanic Garden)
NO PURCHASE IS NECESSARY TO ENTER THE SWEEPSTAKES.
EACH SWEEPSTAKES ENTRY WILL HAVE AN EQUAL CHANCE OF WINNING. MAKING A PURCHASE OF A PRODUCT OR SERVICE WILL NOT IMPROVE AN INDIVIDUAL ENTRY’S CHANCES OF WINNING.
Prize: One winner will win a (1) $100 VISA gift card
Consumer Disclosure: Odds of winning are based upon the number of entries.
Sponsor: Fort Worth Botanic Garden (“Sponsor”) is the sponsor and administrator of this sweepstakes (the “Sweepstakes”). Sponsor’s business address is 3220 Botanic Garden Blvd Fort Worth, Texas 76107. Alexander Babbage, Inc. (“Administrator”) is the administrator of the Sweepstakes. Administrator’s business address is 1349 West Peachtree Street, N.W., Suite 1525, Atlanta, Georgia 30309
Sweepstakes Period: The Sweepstakes begins on November 28, 2022, and ends on January 23, 2023 (“Sweepstakes Period”).
Eligibility: Officials and employees of the Sponsor, its affiliates, related advertising and promotional agencies, and their immediate family members and members of the same household of such employees are not eligible to participate in the Sweepstakes, in addition to any other persons or entities directly associated with this Sweepstakes (together with the Sponsor, the “Sweepstakes Entities”). To qualify for the Sweepstakes, all entrants must be at least 18 years of age and a member of the Sponsor’s email database or current legal resident of the fifty states of the U.S. and the District of Columbia (D.C.), who are physically located and residing therein (excluding Guam, Puerto Rico and all other U.S. and foreign territories and possessions). By entering this Sweepstakes, entrants accept and agree to be bound by these Official Rules and the decisions of the Sponsor. Sweepstakes void where prohibited by law.
Sweepstakes Entry Requirements: In order to enter the Sweepstakes, entrants must click on the link provided through email, and complete the survey between November 28, 2022, and ends on January 23, 2023. Only entries with phone number and email address included in survey will be considered. Survey must be completed and fully submitted. The date of entry will be determined by the Sponsor’s computer. Only one (1) entry per person. If multiple entries are received, only the first entry will be considered and subsequent entries will be disqualified. Entries cannot be obscene, indecent, offensive, violent, hateful, or be against the law as determined solely by the Sponsor.
Prize Drawings: [One (1)] winner will be chosen at random the week of January 23, 2023. Winner need not be present and will be notified by phone or e-mail. If the winners do not claim the prize within [one (1) week] of being notified, a new winner may be selected and notified. The winner information will be available by request after the drawing by writing to Sponsor. A complete list of winners will be available at Sponsor’s Offices. Sponsor is not responsible for any incorrect or inaccurate information, whether caused by tampering, hacking, or by any of the equipment or programming associated with the Sweepstakes. Prizes cannot be substituted, assigned, or transferred by winners. Sponsor reserves the right to disqualify entrants who fail to follow these Official Rules or who make any misrepresentations relative to the Sweepstakes and redemption of a prize.
Use of Prize: $100 VISA gift card
Tax Issues: Sponsor will report all prize winnings to the appropriate state and federal agencies as required by applicable law. The winner is responsible for all tax consequences (if any) of the prize.
Publicity Authorization: Each winner agrees to permit the Sponsor to utilize his/her name and likeness in promotional and other Sponsor materials, without additional compensation or permission, except where prohibited by law.
Disputes/Choice of Law: EXCEPT WHERE PROHIBITED, EACH ENTRANT AGREES THAT: (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 STATE OR FEDERAL COURTS LOCATED IN ATLANTA, FULTON COUNTY, GEORGIA; (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 ENTRANTS BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANTS HEREBY WAIVE 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 ENTRANT AND THE SPONSOR OR THE SWEEPSTAKES ENTITIES IN CONNECTION WITH THE SWEEPSTAKES, SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE SUBSTANTIVE LAWS OF THE STATE OF GEORGIA, WITHOUT REGARD TO CHOICE OF LAW RULES.
Additional Disclaimer: This Sweepstakes is subject to all federal, state and local laws and regulations. This promotion is in no way sponsored, endorsed or administered by, or associated with, Visa. Visa is the owner of all trademark and copyrights associated with the gift card. The information provided will only be used to contact the winner. All rights reserved. Entrants agree that Sweepstakes Entities shall not be liable for losses or injuries of any kind resulting from acceptance/possession and/or use/misuse of prize(s), participation in this Sweepstakes, or any technical malfunctions of the telephone network and/or transmission line, computer on-line system, computer dating mechanism, computer equipment, hardware, software, or any combination thereof, or any entries that are late (including delayed data transmissions), tampered with, garbled, incomplete, misdirected, lost, mutilated, delayed, corrupted, mechanically duplicated, or otherwise not in compliance with these Official Rules. Entrants also agree that the Sweepstakes Entities are not responsible or liable for any injury or damage to an entrant’s or third person’s computer related to or resulting from this Sweepstakes and its prizes. The Sweepstakes Entities are not liable for damage to a user’s computer system in any way due to an Entrant’s participation in this Sweepstakes or downloading any information in connection with this Sweepstakes, including without limitation any server failure, lost, delayed or corrupted data or other malfunction. The Sweepstakes Entities reserve the right to modify or cancel the Sweepstakes in the event that it becomes technically corrupted.
Limitation of Liability: By participating in this Sweepstakes, entrants agree that the Sweepstakes Entities and each of their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers and each their respective officers, directors, stockholders, employees, representatives, designees and agents (collectively, the “Released Parties”) are not responsible for: (i) lost, late, incomplete, stolen, misdirected, postage due or undeliverable email notifications, telephone calls, or postal mail; (ii) any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability; (iii) garbled, corrupt or jumbled transmissions, service provider/Internet/Website/UseNet accessibility, availability or traffic congestion; (iv) any technical, mechanical, printing or typographical or other error; (v) the incorrect or inaccurate capture of registration information or the failure to capture, or loss of, any such information; (vi) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the Website; (vii) any injury or damage, whether personal or property, to entrants or to any person’s computer related to or resulting from participating in the Sweepstakes and/or accepting the Prize; and (viii) entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Official Rules. Further, the Sweepstakes Entities are not responsible for any undelivered telephone calls, messages or e-mails, including without limitation, e-mails that are not received because of an entrant’s privacy or spam filter settings that may divert any winner notification or other Sweepstakes related e-mail to a spam or junk folder. By entering the Sweepstakes, each entrant agrees: (i) to be bound by these Official Rules, including entry requirements and the decisions of the Sponsor; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of his/her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Sweepstakes; and (iv) to forever and irrevocably agree to release and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable attorneys’ fees) that may arise in connection with: (a) the Sweepstakes, including, but not limited to, any Sweepstakes related activity or element thereof, and the entrant’s entries, participation or inability to participate in the Sweepstakes; (b) the violation of any third-party privacy, personal, publicity or proprietary rights; (c) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of the Prize (or any component thereof); (d) any change in the prizing (or any components thereof); (e) human error; (f) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties; (g) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof); or (h) the negligence or willful misconduct by entrant. Sweepstakes void where prohibited by law.
Rules: For an additional copy of these Official Rules, send a self-addressed, stamped envelope, specifying which Official Rules you are requesting to: Alexander Babbage, Inc., 1349 West Peachtree Street, N.W., Suite 1525, Atlanta, Georgia 30309, Attention: Sweepstakes Rules.