Bayer Advanced® 3-In-1 Weed & Feed Bazaarvoice Rating and Review Promotion 2018
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. YOU HAVE NOT YET WON. MUST BE A LEGAL RESIDENT OF AL, AR, AZ, FL, GA, HI, ID, LA, MI, MS, NC, OK, SC, TN or TX AND AT LEAST 18 (OR 19 FOR RESIDENTS OF AL) YEARS OF AGE AS OF THE DATE OF ENTRY INTO CONTEST. VOID OUTSIDE OF AL, AR, AZ, FL, GA, HI, ID, LA, MI, MS, NC, OK, SC, TN or TX AND WHERE PROHIBITED BY LAW.
Sponsor, Administrator & Prize Provider: SBM Life Science Corp. ("SBM " or “Sponsor”), 1001 Winstead Drive, Suite 500, Cary, NC 27513. 1-877-229-3724.
Sweepstakes Entities: SBM Life Science Corp. and Arrowhead Promotion & Fulfillment Co., Inc (“Administrator” and together with SBM Life Science Corp., the “Promotion Entities”).
1. Acceptance of Official Rules: By entering the “Bayer Advanced® 3-In-1 Weed & Feed Bazaarvoice Rating and Review Promotion 2018” (the "Sweepstakes"), you hereby accept and agree to these official rules (the "Official Rules") of this Sweepstakes, and the decisions of the Administrator in connection with this Sweepstakes, whose decisions are final.
2. Eligibility: This Sweepstakes is offered and open to persons who are legal residents of one of the following states and are at least 18 years of age or older (or 19 years of age or older in Alabama): Alabama, Arkansas, Arizona, Florida, Georgia, Hawaii, Idaho, Louisiana, Mississippi, North Carolina, Oklahoma, South Carolina, Tennessee, or Texas. Employees and directors, and their immediate family members, of the Sweepstakes Entities, and their respective parent companies, affiliated and subsidiary companies, franchisees, representatives, advertising and promotion agencies, agents, and legal advisors are not eligible to participate in this Sweepstakes. For purpose of the foregoing "immediate family" means parents, spouses, children, siblings or any members of the same households of such employees and directors.
3. When to Enter: The Sweepstakes begins on February 1, 2018 at 12:00:01 AM Eastern Time (“ET”) and ends at 11:59:59 PM ET on February 28, 2018 (the "Sweepstakes Period"). The Sweepstakes Period will be broken out into four (4) separate weekly entry periods, each beginning at 12:00:01 AM ET on Thursday and ending the following Wednesday at 11:59:59 PM ET (each, a “Weekly Entry Period”). Entries must be received by 11:59:59 PM ET during each Weekly Entry Period to be eligible for that week’s random drawing, and all entries must be received by 11:59:59 PM ET on February 28, 2018 to be eligible for the final Weekly Entry Period random drawing.
4. Entering: There are (2) ways to enter the Sweepstakes: (1) Website Survey Entry: To enter, participants must visit the Bayer Advanced® Website, the desktop/mobile site is accessible at https://www.bayeradvanced.com/find-a-product/lawn-care/3-in-1-weed-and-feed-for-southern-lawns (collectively hereinafter referred to as the “Website”), find the Sweepstakes mention on the page, complete and submit the product review on the page (“Review”), along with your complete name, email and agree to the Official Rules. Upon submitting the completed Review, each entrant will automatically receive one (1) entry into the random drawing. Please note: There will be one (1) product featured to review, 3-In-1 Weed & Feed, in either the 12.5lb. or 25lb. package. As part of the Review, entrants have the option earn one (1) bonus entry (“Bonus Entry”) by adding at least one (1) and up to six (6) photos or a video of their grass or lawn from their personal photo/video library (hereinafter, “Photo/Video”). Adding a Photo/Video is not required and will not increase the odds of winning. All Photo/Videos must meet the Photo/Video Criteria set forth in Official Rule #5 below, or the Review could be disqualified at Sponsor’s sole discretion. And (2) Promoted URL Survey Entry: To enter via this method of entry, participants can use their desktop computer or mobile device by visiting the product shown below (the “Product Review Site”):
Review 3-In-1 Weed & Feed product at:
Limit: One (1) Regular Entry (product review) and one (1) Bonus Entry (by adding at least one (1) Photo/Video of their grass/lawns) per person.
5. Photo/Video Criteria: Entrants agree to and understand that Photo/Video entries may be made available to the public, including without limitation, posting on the Internet, and may appear in Sponsor’s advertising and marketing materials without notice or compensation to you. Whether or not Photo/Video entries are published on the Internet, Sponsor does not covenant or guarantee any confidentiality with respect to any Photo/Video entries.
i. Each Photo/Video must be an original creation of the submitting entrant which is under no restriction, contractual or otherwise, that will prevent Sponsor's use of the Photo/Video and each Photo/Video must be free of any and all liens, encumbrances and claims of third parties. Entrant acknowledges, agrees and warrants that, nothing in the Photo/Video entry infringes on any copyrights, confidential information, trade secrets or trademarks belonging to any person or entity other than the Photo/Video entrant absent a suitable license, clearance or permission agreement (proof of which is required upon submission), or violates any person's rights of privacy or publicity and that all necessary releases and permissions have been secured. Entrant agrees to indemnify and hold harmless each of the Promotion Entities and their respective parent, subsidiaries, and affiliates and each of their respective officers, directors and employees, from and against any and all claims, demands, damages, costs, liabilities and causes of action of whatsoever nature that are based upon or arise out of any breach by entrant of these Official Rules or the warranties and representations made by entrant in this paragraph. Modifying, enhancing or altering a third party's preexisting work does not qualify as entrant's original creation.
ii. By uploading the Photo/Video the entrant agrees, for zero compensation, to grant to Sponsor all intellectual property rights in the Photo/Video and each of its constituent parts, which rights include, without limitation, the Sponsor's right to publish, make available to the public and/or reproduce the Photo/Video at its sole discretion through any media available at any time during, or after, the Sweepstakes Period on any related websites, in any promotional materials, whether related or un-related to the Sweepstakes, and at any location, whether physical or online. Entrant agrees to release, defend, indemnify and hold harmless each of Promotion Entities, and each of their parent, subsidiaries, and affiliates and each of their respective owners, employees, directors, officers, agents, and subcontractors from all claims, demands, and causes of action of any nature whatsoever which entrant or entrant's heirs, representatives, executors, administrators, or any other persons acting on entrant’s behalf or on behalf of entrant’s estate, have or may have by reason of: (i) Sponsor's exercise of any rights granted by entrant in this paragraph; (ii) claims based on violation of any right of publicity or rights of personality, infringement of copyright or trademark, libel, slander, defamation, invasion of privacy, loss of earnings or potential earnings in connection with Sponsor's use of the Photo/Video and any portion thereof, or the likeness of any natural person therein.
iii. Entrants are responsible for securing necessary permissions, talent and location releases, and licenses for any visual material contained in the Photo/Video.
iv. Photo entries must not contain material that: (1) Contains or depicts someone smoking, intoxicated, or using illegal substances, or any paraphernalia related to any of the above; (2) Violates or infringes another's rights, including without limitation, privacy, publicity or intellectual property rights; (3) Contains material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; (4) Contains any unacceptable clothing or adornments, or displays any commercial/corporate advertising other than that of Sponsor (including but not limited to corporate logos, brand names, trademarks, slogans, political, personal and religious statements); (5) Contains indecent or unsafe behavior or situations, profanities or obscenities, including but not limited to nudity, or pornography, or is otherwise inappropriate, profane, obscene, hateful, tortious, slanderous or libelous; (6) References persons or organizations without their written permission; (7) Disparages any persons or organizations; (8) Includes threats to any person, place, business, or group; (9) Is unlawful, in violation of or contrary to all applicable federal, state, or local laws and regulations.
Failure of any Photo/Video entry to comply with the preceding requirements and restrictions, as determined by Sponsor, in its sole discretion, may result in disqualification of entrant’s entry. Without limitation, Sponsor reserves the right in its sole discretion to disqualify any entry that, in their sole opinion, refers, depicts or in any way reflects negatively upon the Sponsor, the Sweepstakes or any other person or entity, does not comply with these Official Rules or if Sponsor receives notification about any potential infringements or breaches of law or any other reason set forth herein. Photo/Videos must be suitable for presentation in a public forum, in sole determination of Sponsor.
6. Forty (40) Grand Prizes (there will be 10 Grand Prizes awarded for each Weekly Entry Period. Each, a "Prize"): A $25.00 Home Depot OR Lowes Electronic Gift Card (which specific store is at Sponsor’s sole discretion each Weekly Entry Period). ARV: $25.00 each. Digital Gift Cards are subject to the terms, conditions and restrictions printed on the Card. Total ARV of all prizes is $1,000.00.
7. Prize Restrictions: Certain terms and restrictions may apply and will be furnished upon prize delivery. No assignment, transfer, conversion to cash or substitution of a Prize is permitted, except Administrator reserves the right to substitute a Prize with a prize of comparable or greater value should a Prize or its components become unavailable. Prizes are solely for personal use and may not be used in conjunction with any other promotion. All Prize details are at the sole discretion of the Sweepstakes Entities.
8. Odds/Drawing/Winner Notification: Prizes will be awarded by a series of random drawings. Odds of winning depends on the number of eligible entries received in each Weekly Entry Period. All non-winning entries from any Weekly Entry Period WILL be carried over to subsequent Weekly Entry Periods. The random drawings will each take place on or about the Wednesday following the end of each Weekly Entry Period. The drawings will be conducted by Administrator, whose decisions are final and binding in all respects. Potential Prize winners (the "Prize Winners") will be notified by email within 7 days from each drawing date. If potential Prize Winners cannot be reached after a reasonable effort has been made during five (5) business days from the first notification attempt, such person may be disqualified, with an alternate Prize Winner selected in accordance with these Official Rules. Only two attempts for new alternates will be conducted. If attempts fail, unclaimed Prize will not be awarded.
9. Prize Taxes: All federal, state, local and other tax obligations arising from this Sweepstakes, including, without limitation, winning a Prize, will be the sole responsibility of the Prize Winners.
10. Liability Release and Publicity Release: Prize Winners may be required to complete, execute and return a Liability Release, and where lawful, a Publicity Release (collectively, the "Release Forms") within five (5) days of receipt of such Release Forms via notification of winning correspondence. Failure to return Release Forms in a timely manner, or if a Prize notification or a Prize is returned as non-deliverable, or if a Prize Winner is found not to be eligible or not in compliance with these Official Rules, may result in disqualification with an alternate Prize Winner selected in accordance with these Official Rules.
11. Publicity Release Terms. Except where prohibited by law, Prize Winner's acceptance of a Prize constitutes permission for the Sweepstakes Entities its licensors and owners to use Prize Winner's name, photograph, likeness, statements, biographical information, voice, and address (city and state) worldwide and in all forms of media, in perpetuity, without further compensation.
12. Improper Conduct: Administrator, in its sole discretion, may disqualify any entrant from participation in or use of any or all portions of this Sweepstakes, and refuse to award a Prize or any part of a Prize, if entrant engages in any conduct Administrator deems to be improper, unfair or otherwise adverse to the operation of the Sweepstakes or detrimental to other entrants of the Sweepstakes. Such improper conduct includes, without limitation, falsifying personal information required during entrant registration or Prize claim, violating any term or condition stated herein, accumulating entries through methods such as automated computer scripts or any other programming techniques, allowing others to use entrant's personal information for the purpose of accumulating entries, or intentionally trying to defraud, reverse engineer, disassemble or otherwise tamper with the computer programs in connection with this Sweepstakes. Entrants agree that Administrator may void any part of a Prize that entrant may have won and/or require the return of any part of a Prize that entrant may have won as a result of such improper conduct. Entrant further acknowledges that any forfeiture of a Prize and/or return of a Prize shall in no way prevent Administrator from pursuing other avenues of recourse such as criminal or civil proceedings in connection with such conduct. WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, EACH OF THE SWEEPSTAKES ENTITIES RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
13. Integrity of Sweepstakes: If, for any reason, the Sweepstakes is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, cancellation of show, scheduling changes or any other causes which Administrator, in its sole opinion believes could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Administrator reserves the right at its sole discretion to cancel, terminate, modify or suspend this Sweepstakes and select the Prize Winner from entries received prior to the action taken or in such other manner as Administrator may deem fair and appropriate. Additionally, the Sweepstakes may be modified or terminated due to TV programs, if applicable to the Sweepstakes, being cancelled, put on hiatus or due to scheduling changes.
14. Lost or Corrupted Entries: The Sweepstakes Entities, and their parents, affiliated and subsidiary companies, licensors, and advertising and promotion agencies, assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, lost, late, incomplete, corrupted, stolen, misdirected, illegible or postage due entries or mail, if applicable; or for any computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, unauthorized human intervention, or the incorrect or inaccurate capture of entry or other information, or the failure to capture any such information. The Sweepstakes Entities, and their parents, affiliated and subsidiary companies, licensors, advertising and promotion agencies, are not responsible for any incorrect or inaccurate information, whether caused by registration information submitted by end users or tampering, hacking, or by any of the equipment or programming associated with or utilized in this Sweepstakes, and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the Sweepstakes.
15. Damaged Property: Sweepstakes Entities, and their parents, affiliated and subsidiary companies, licensors and advertising and promotion agencies, assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, injury or damage to any entrants or to any other person's computer or property related to or resulting from participating in this Sweepstakes or downloading materials from this Sweepstakes.
16. Sweepstakes Errors: The Sweepstakes Entities, and their parents, affiliated and subsidiary companies and advertising and promotion agencies and licensors, assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, errors and/or ambiguity: (a) in the Sweepstakes; (b) in any related advertising or promotions of this Sweepstakes; and/or (c) in these Official Rules. In the event of any ambiguity(s) or error(s) in these Official Rules, Administrator reserves the right to modify these Official Rules for clarification purposes or to correct any such ambiguity or error(s) without materially affecting the terms and conditions of the Sweepstakes.
17. Prizes and Prize Winner: The Sweepstakes Entities, and their parents, affiliated and subsidiary companies and advertising and promotion agencies and licensors, assume no liability and are not responsible for, and you/entrant hereby forever waive/s any rights to any claim in connection with, the selection and announcement of a Prize Winner, the distribution of a Prize, the acceptance/possession and/or use/misuse of any part of a Prize and/or any injury or damage to any entrant's or third person's property related to or resulting from any part of a Prize or any part of this Sweepstakes.
18. Release and Indemnity: Each entrant in this Sweepstakes, including, without limitation, a Prize Winner, hereby releases and agrees to hold harmless the Sweepstakes Entities and their parents, affiliates, subsidiaries, advertising and promotion agencies and licensors, and their respective directors, officers, employees, representatives and agents from any and all liability for any injuries, loss or damage of any kind to person, including death, and property, arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of a Prize, participation in this Sweepstakes and participation in any activity related to this Sweepstakes.
19. Limitation of Liability: IN NO EVENT WILL THE SWEEPSTAKES ENTITIES, THEIR PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES, LICENSORS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE SWEEPSTAKES OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE SWEEPSTAKES. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
20. Disclaimer of Warranties: THE SWEEPSTAKES AND 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.
21. Identity Disputes: In the event of a dispute as to the identity of a winner based on an email address, the winning entry will be declared made by the Authorized Account Holder of the email address submitted at time of entry. For purposes of these Official Rules, "Authorized Account Holder" is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
22. Binding Arbitration: The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules and/or this Sweepstakes. Any controversy or claim arising out of or relating to these Official Rules and/or this Sweepstakes shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of North Carolina, in the City of Cary, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
23. Governing Law and Jurisdiction: This promotion is governed by US law and is subject to all applicable federal, state and local laws and regulations. Void where prohibited by law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Administrator in connection with this Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of North Carolina, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 21 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of North Carolina, in the City of Cary.
24. Winner List/Official Rules: For the name of the Prize Winners send a self-addressed stamped envelope for receipt by March 14, 2018 to "Winner's list Bayer Advanced® 3-In-1 Weed & Feed Bazaarvoice Rating and Review Promotion 2018”, Dept. S7572-WL, PO Box 4006, Grand Rapids, MN 55730. For a copy of the Official Rules, visit Bayeradvanced.com/bv-rules or send a self-addressed stamped envelope to the above address marked "Official Rules Bayer Advanced® 3-In-1 Weed & Feed Bazaarvoice Rating and Review Promotion 2018”, Dept. S7572-OR, PO Box 4006, Grand Rapids, MN 55730 for receipt by February 28, 2018.