01-10-13 - Cipriano Custom Swimming Pools & Landscaping - New Year’s Sweepstakes

https://www.facebook.com/pages/Cipriano-Custom-Swimming-Pools-and-Landscaping/104406481211?sk=app_150794994973742

NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility
Cipriano Custom Swimming Pools and Landscaping: New Year’s Sweepstakes (the “Promotion”) is open only to legal residents of the fifty (50) United States and the District of Columbia (excluding Puerto Rico, Guam, the U.S. Virgin Islands, and all other U.S. territories and possessions) who are eighteen (18) years or older at the time of entry. Void in Guam, the U.S. Virgin Islands, and other U.S. territories and possessions and where prohibited by law. Employees of Cipriano Landscape Design, Inc., Brand Candy Media Group, Inc. or any of their respective affiliates, subsidiaries, advertising agencies, or any other company or individual involved with the design, production execution or distribution of the Promotion and their immediate family (spouse, parents and step-parents, siblings and step-siblings, and children and step-children) and household members (people who share the same residence at least three (3) months out of the year) of each such employee are not eligible to enter or win. The Promotion is subject to all applicable federal, state and local laws and regulations. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein. This Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook. By entering, you understand that you are providing your information to the Sponsor and not Facebook.
2. Sponsor and Administrator
Sponsor: Cipriano Landscape Design, 67 Ramapo Valley Rd. Suite 103, Mahwah, NJ 07430. Administrator: Brand Candy Media Group, Inc., PO Box 271, Hawthorne, NJ 07507.
3. Timing
The Promotion begins on December 13th, 2012 at 4:00 p.m. Eastern Standard Time (“EST”) and ends on January 10th, 2013 at 6:00 p.m. EST (the “Promotion Period”). Sponsor’s computer is the official time keeping device for this Promotion.
4. How to Enter
During the Promotion Period, go to https://www.facebook.com/pages/Cipriano- Custom-Swimming-Pools-and-Landscaping, click the “New Year’s Sweepstakes” tab, agree to the terms of Cipriano Landscape Design: New Year’s Sweepstakes, and complete the entry form. You will then receive one (1) entry into the Promotion. Limit one (1) entry per person, per email address, during the Promotion Period. Once you have entered, you can follow the directions to share the Promotion with Facebook friends. For each unique friend you share the Promotion with whom then enter the Promotion, you will receive one (1) entry towards the runner up prize. You may not refer a friend more than once. Multiple participants are not permitted to share the same email address or Facebook account. Any attempt by any participant to obtain more than the stated number of entries by using multiple/different email addresses, identities, Facebook accounts, registrations and logins, or any other methods will void that participant’s entries and that participant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible, delayed, garbled or misdirected registrations, which will be disqualified.
5. Winner Selection
On or about January 20th, 2013 the Sponsor or an independent judging agency will select the potential winners in a random drawing from among all valid entries received. The entrants will be contacted using the email address, phone number, and/or mailing address provided with the entry and may be awarded the prize (subject to verification of eligibility and compliance with the terms of these rules.) Sponsor’s decisions as to the administration and operation of the Promotion and the selection of the potential winner is final and binding in all matters related to the Promotion. Failure to respond to the initial verification within one (1) day of notification or return of e-mail notification as undeliverable after three (3) attempts will result in disqualification. Odds of winning the prize depend on the number of eligible entries received during the Promotion Period.
6. POTENTIAL PROMOTION WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR AND ADMINISTRATOR WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION.
7. Verification of Potential Winner
Potential winner must continue to comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements. The potential winners may be required to sign and return to Sponsor, within one (1) day of the date
notice is sent, an affidavit of eligibility, and liability/publicity release (except where prohibited) in order to claim his/her prize if applicable. If potential winners cannot be contacted, fail to sign and return the affidavit of eligibility and liability/publicity release within the required time period (if applicable), or if the prize or prize notification is returned as undeliverable, potential winners forfeit prize. In the event that the potential winners are disqualified for any reason, Sponsor may award the prize to alternate winners by random drawing from among all remaining eligible entries.
8. Prizes
Grand Prize: One (1) winner will receive a $100 American Express Gift Card and a year’s subscription to Architectural Digest. Approximate retail value (“ARV”) is $124.99. No cash equivalent for the prize, prize is non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Share Prize: In the event the Grand Prize winner entered the Promotion through the share function specified above, the individual who shared the Promotion with the Grand Prize winner will receive a $50.00 American Express Gift Card. If the Grand Prize winner did not enter the Promotion through the share functionality, the Share Prize will not be awarded. Sponsor reserves the right to substitute any listed prize for one of comparable or greater value for any reason. Winner is responsible for all federal, state, and local taxes and fees associated with prize receipt and/or use. All prize details are at Sponsor’s sole discretion. Prize is awarded “as is” with no warranty or guarantee, either express or implied by Sponsor.
9. Entry Conditions and Release
By entering, each participant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Sponsor and/or the Promotion judges which are binding and final in all matters relating to this Promotion; (b) release and hold harmless the Sponsor and the Administrator and each of their respective parents, subsidiary, and affiliated companies, the prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Promotion, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s entry, creation of an entry or submission of an entry, participation in the
Promotion, acceptance or use or misuse of prize and/or the broadcast, exploitation or use of entry; and © indemnify, defend and hold harmless the Sponsor and Administrator from and against any and all claims, expenses, and liabilities (including reasonable attorney’s fees) arising out of or relating to an entrant’s participation in the Promotion and/or entrant’s acceptance, use or misuse of prize.
10. Publicity
Except where prohibited, participation in the Promotion constitutes winners consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
11. General Conditions
Sponsor and/or Administrator reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures or any other factor impairs the integrity or proper functioning of the Promotion, as determined by Sponsor and/or Administrator in its sole discretion. Sponsor and/or Administrator reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor and/or Administrator reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor and/or Administrator’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to any registration, the authorized account holder of the email address used to register will be deemed to be the registrant or entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winner may be required to show proof of being the authorized account holder. All entries become the sole and exclusive property of Sponsor and will not be returned. Sponsor reserves the right to contact entrants and all other individuals whose email address is submitted as part of this promotion.
12. Limitations of Liability
The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (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 Promotion; (4) technical or human error which may occur in the administration of the Promotion 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 Promotion or receipt or use or misuse of the prize. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Promotion, provided that if it is not possible to award another entry due to discontinuance of the Promotion, or any part of it, for any reason, Sponsor and/or Administrator, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance to award the prize. No more than two (2) 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 and/or Administrator reserves the right to award only two (2) prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
13. Disputes
Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Promotion, or any prizes awarded, other than those concerning the administration of the Promotion or the determination of the winner, shall be resolved individually, without resort to any form of class action; (ii) any and all disputes, claims and causes of action arising out of or connected with this Promotion, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate New York State Court located in the New York County, New York; (iii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys’ fees; and (iv) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor and/or Administrator in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving
effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
14. Promotion Results
For Promotion results send a hand-printed, self-addressed, stamped envelope to Cipriano Landscape Design: New Year’s Sweepstakes – Winner’s Name, c/o Brand Candy Media Group, Inc., PO Box 271, Hawthorne, NJ 07507. Requests for the winner’s name must be received by January 30th, 2013.