NO PURCHASE, DONATION OR PAYMENT NECESSARY TO ENTER OR WIN.
PROMOTION IS OPEN ONLY TO PERSONS WHO ARE U.S. CITIZENS LEGALLY RESIDING IN THE 50 U.S. STATES AND THE DISTRICT OF COLUMBIA (EXCLUDING GUAM, PUERTO RICO, AND ALL OTHER U.S. TERRITORIES AND POSSESSIONS), 18 YEARS OF AGE OR OLDER AT TIME OF ENTRY (OR AGE OF MAJORITY IN HIS/HER JURISDICTION OF RESIDENCE), WHICHEVER IS OLDER. BY ENTERING OR OTHERWISE PARTICIPATING IN THIS PROMOTION, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO PLEASE READ THEM CAREFULLY BEFORE ENTERING. THIS CONTRACT REQUIRES YOU TO INDEMNIFY AND TO RELEASE ALL CLAIMS AGAINST THE PROMOTION ENTITIES (AS DEFINED BELOW). BY ENTERING THE PROMOTION, YOU ARE AGREEING TO MANDATORY, BINDING ARBITRATION WITH NO CLASS RELIEF, AND TO A LIMITATION OF YOUR RIGHTS AND REMEDIES, INCLUDING ANY DAMAGES THAT YOU MAY RECOVER.
“Plant Trees, See Leaves” Sweepstakes (the “Promotion”) is sponsored by Arbor Day Foundation (the “Sponsor”) and administered by Marden-Kane Inc. (the “Administrator”). For the purposes of the Promotion, the “Promotion Entities” is composed of the Sponsor and the Administrator, together with their affiliates and related companies, including without limitation their parent, sister and subsidiary companies, retailers, franchisees, advertising and promotion agencies, suppliers of material and services related to the Promotion, and any other corporation, partnership, sole proprietorship or other legal entity directly involved in the Promotion and their respective officers, directors, employees, agents, and other representatives.
1. ELIGIBILITY Open only to U.S. citizens legally residing in the 50 U.S. states and the District of Columbia (excluding Guam, Puerto Rico, and all other U.S. territories and possessions), 18 years of age or older or the age of majority in their jurisdiction of residence, whichever is older, (residents of Alabama or Nebraska must be at least 19 years old; residents of Mississippi must be at least 21 years old) at time of entry, and who have received the Plant Trees, See Leaves Sweepstakes promotion notice or invite via mail or email (the “Entrant”). All applicable federal, state and local laws and regulations apply. Void where prohibited, restricted or where Sponsor would be subject to a tax by law. Excluded from eligibility are officers, directors, employees, agents and representatives of Promotion Entities, each of its respective parent, affiliated or related companies, agencies, suppliers of the materials and services related to this Promotion, and members of any immediate families (defined as parents, siblings, children and spouses, regardless of where they live) or households (whether or not related) of such officers, directors, employees, agents and sales representatives (collectively above, the “Eligibility Criteria”). By submitting an entry, entrant accepts the terms and conditions of these Official Rules.
2. SWEEPSTAKES PERIOD The Sweepstakes starts on November 20, 2024 at 12:01 AM Central Time (“CT”) and ends on December 31, 2024 at 11:59:59 p.m. CT (the “Sweepstakes Period”).
3. HOW TO ENTER THE SWEEPSTAKES. NO PURCHASE OR DONATION NECESSARY. During the Sweepstakes Period (as stated above) eligible Entrants will complete the following steps to earn entries. By submitting an email address entrant accepts the terms and conditions of these Official Rules.
TWO WAYS TO ENTER:
A. ENTRY VIA AN ONLINE DONATION (Entrant’s online consent to participate in the Promotion is required to enter via an online donation.): Internet access required*. During the Promotion Period, eligible entrants who make a donation on https://www.arborday.org/campaigns-projects/restore-forests-win-trip website will receive: one (1) entry for every $5 to $24 donation, eighteen (18) entries for every $25 donation, forty (40) entries for every $50 donation, eighty-five (85) entries for every $100 donation, two hundred twenty-five (225) entries for every $250 donation, four hundred seventy-five (475) entries for every $500 donation and one thousand (1,000) entries for every $1,000 donation. Maximum of 1,000 entries obtained via a donation per entrant (validated by name and email address) during the duration of the promotion period. Entrants who sign up for repeat donations will only receive entries for the repeat donation that falls within the promotion period (November 20, 2024 to December 31, 2024).
All donations are subject to Sponsor’s policies (refer to www.ArborDay.org for details, including donation receipt). Your donation transaction must be received by 11:59:59 PM CT on December 31, 2024 and must include your consent to be entered to be eligible to receive entries via a donation, in this Promotion. During the Promotion Period, entrant will also have the opportunity to opt-in to receive further email communications from the Sponsor. Entrants are not required to opt-in for this service to participate in this Promotion and opting-in will not increase your chances of winning. If an Entrant chooses to opt-in, the entrant thereby grants the Sponsor permission to send him/her future communications regarding services, incentives, offers, promotions, or other messaging related to the Sponsor’s services and products, which entrant can unsubscribe from at any time.
*Normal internet access, phone, and usage charges imposed by your online or phone service may apply. If you are entering via a mobile device and using your wireless carrier’s network, standard data charges from your wireless carrier may apply.
B. NO PURCHASE OR DONATION REQUIRED, MAIL-IN METHOD OF ENTRY: To receive fifty (50) entries without making any kind of donation, on a plain piece of 3”x5” paper, hand print your complete first and last name, street address, city, state, zip code, date of birth (mm/dd/yyyy), e-mail address plus daytime telephone number including area code. Mail your entry in a #10 business-size envelope with first-class postage affixed to: The Plant Trees, See Leaves Sweepstakes 211 N. 12th St. Lincoln, NE 68508. Your outer-mailing envelope must include a valid return address, which includes a complete first and last name. Mailed entries received without a verifiable and legible return address will be deemed incomplete and invalid. Limit one entry per outer-mailing envelope. Bulk shipments (multiple entries in one shipping package) will not be accepted. Mail-in entry, including outer-mailing envelope must be handwritten. No mechanically reproduced entries or metered mail permitted. Entries that are postmarked by the promotion end date, December 31, 2024,** and received by January 8, 2025, will be eligible for the drawing. **In the event a postmark date falls on a Sunday or federal holiday, the mail-in entry must be postmarked on the following business day. Each mail-in entry will count as fifty (50) entries, provided that the mail-in entry complies with the above requirements. Maximum of twenty (20) mail-in entries (20 mail-in’s at 50 entries each = 1,000 Mail-in Entry Maximum) per person (validated by name and address).
Mail-in entries that are not in the format specified above, that are illegible, inaccurate, incomplete, or reproduced via photocopier or otherwise will be considered null and void. Not responsible for lost, late, illegible, mutilated, misdirected, postage-due entries or entries not received by the deadline. All material submitted becomes property of Sponsor and will not be returned. No correspondence will be acknowledged or entered into; requests for confirmation of receipt of mail-in entries will not be acknowledged.
Donation and/or Mail-in Entries received from any person or email address in excess of the stated limitations noted above, will be void.
4. PRIVACY POLICY: Information collected is used only in accordance with Sponsor’s privacy policy at arborday.org/privacy. By submitting an Entry, you confirm that you have read, understand and agree to abide by these Official Rules. Your Entry must adhere to the Eligibility Criteria listed above or your Entry will be void and ineligible for entry into the Sweepstakes. All entrants and Entries are subject to verification before the awarding of a prize, as are the eligibility, age, and other claims of information provided by a potential prize winner. In a dispute, Entries will be declared made by the authorized account holder of the email address submitted at the time of Entry. “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. The potential winner may be required to show proof of being the authorized account holder. Incomplete, corrupted, garbled, misdirected or otherwise illegible Entries, or Entries without contact information, or agreement to these Official Sweepstakes Rules, are void and will not be accepted. Sponsor is not responsible for lost, late, stolen, incomplete, invalid, damaged, altered, or misdirected entries, which will be disqualified. Proof of submission will not be deemed proof of receipt by Sponsor. All entries must be received by Sponsor during the Entry Period. All entries become the exclusive property of Sponsor for the purpose of marketing to entrants and will not be acknowledged or returned. All Entries must be received by the Promotion Entities during the Sweepstakes Period specified above.
5. RANDOM DRAWING: A random drawing to select six (6) potential winners (one (1) Grand Prize winner, five (5) 2nd prize winners) will be conducted on or about January 10, 2025, from among all eligible donation and mail-in entries received. The random drawing will be conducted by Marden-Kane, Inc. (the “Administrator”), an independent judging organization whose decisions are final. Odds of winning a prize will depend solely on the number of eligible entries received. Many will enter, but only six (6) potential Winners will be randomly selected. No guarantee to win, and chance of winning is dependent on the total number of eligible donations and mail-in entries received during the Promotion Period. This is a randomized drawing that is not intended to and should not influence any decisions or actions for the benefit of the Sponsor. The Promotion is in compliance with all applicable anti-corruption laws and regulations.
6. WINNER NOTIFICATION: The potential winner will be contacted (a maximum of two times [initial notification and a reminder notification] – if a response is not received by the dates indicated in the notification email, the potential winner will be disqualified) by email and/or phone by the Administrator and will be required to complete and return an Affidavit of Eligibility, Release of Liability, Prize Acceptance Form, and where lawful, a Publicity Release along with a copy of his/her valid driver’s license and will be required to complete a W-9 Tax form (collectively “Documents”). All completed Documents must be returned within 5 days (including Saturdays, Sundays, and Holidays) of attempted delivery of same. Failure to return required Documents or respond to a notification within the time specified or return of any prize notification as undeliverable will result in disqualification without further notice and an alternate winner will be selected. In the event a potential winner is deemed ineligible, fails to comply with the Official Rules or is unable to claim the prize as specified, the potential winner will be disqualified, and an alternate winner will be selected. Prize award is contingent on eligibility verification and potential winner completing and returning all required Documents. If Sponsor, or Administrator acting on Sponsor’s behalf, is unable to determine and verify a potential winner after repeated alternate drawings, or if they fail to receive a sufficient number of entries to correspond to the number of prize(s) available to be awarded, Sponsor reserves the right to not award any or all of the prize(s).
7. PRIZES. Maximum of one (1) prize per entrant.
One (1) Grand Prize Winner will receive a $4,000 travel voucher (fulfilled as a check in the name of the Winner).
Five (5) Secondary Prize Winners, will each receive the following prize bundle:
Arbor Day Foundation (“ADF”) Holiday Prize Pack
-
Pitch Apple Floral Crewneck Sweatshirt (size options to be provided to winner during notification process). Estimated retail value $49.95
-
Recycled Leaves T-shirt (size options to be provided to winner during notification process). Estimated retail value $24.95
-
Embroidered Hat. Estimated retail value $29.95
-
ADF Tote Bag. Estimated retail value $19.95
-
Seasonal Leaves Spiral Wood Journal. Estimated retail value $29.95
TOTAL PRIZE VALUE: $154.75
Total estimated retail value of all Sweepstakes prizes: $4,773.75.
SPONSOR WILL NOT BE LIABLE TO MAKE ANY PAYMENT IN ADDITION TO THE PRIZE AMOUNT SET FORTH IN THESE OFFICIAL RULES
Limit of one (1) prize per person/household. Prizes must be accepted as awarded and may not be substituted or transferred. Winner will be responsible for all taxes (federal, state, and local of all applicable jurisdictions) and all expenses not listed herein related to acceptance and use of Prize. Winner will receive an IRS form 1099 after the end of the calendar year in which the prize was awarded, and a copy of such form will be filed with the Internal Revenue Service (IRS), or such other tax form as may be required by the laws of the jurisdiction in which the winner resides. Prize winners assume all responsibility for any injury or damage caused, or claimed to be caused, by participation in this Sweepstakes or use or redemption of a prize. By accepting a Prize, the Prize winner shall release the Promotion Entities from all liability and responsibility for use of the prize.
8. LICENSE TO EXPLOIT ENTRY By entering this Sweepstakes and Contest, Entrants agree that Sponsor and each of its affiliates, licensees, Promotional partners, and third party marketing entities shall have the right and permission to use the name and biographical data, contained in Entrants entry for promotional, advertising, and/or publicity purposes in any media, now or hereafter known, throughout the world in perpetuity, without compensation or notice to, or further consent of, the Entrant to the extent permitted by law and except where prohibited.
9. INTERNET By entering the Sweepstakes and Contest, Entrants grant the Promotion Entities permission to use personal information about Entrants in accordance with Sponsor's privacy policy, located at arborday.org/privacy. The Promotion Entities, any Internet access providers, and Facebook and their respective parents, affiliates, divisions, and agencies and each of the foregoing entities' respective employees, officers, directors, shareholders, and agents (the "Promotion Entities") are not responsible for late, lost, incomplete, damaged, stolen, misdirected, illegible entries, incorrect or inaccurate transfer of entry information, human error, technical malfunctions, lost/delayed data transmissions, omission, interruption, deletion, defect, line failures of any telephone network, computer equipment, or software or any combination thereof, inability to access websites, damage to a user's computer system (hardware and software) due to participation in this Promotion or any other problem or error that may occur. The Promotion Entities are not responsible for any typographical or other error in the printing of the offer, administration of the Promotion, errors in processing Entries, identifying the Prize Winner, or in the announcement of the Prize Winners. If, for any reason, the Promotion is not capable of running as planned, including, without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Promotion Entities which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, the Sponsor reserves the right in its sole discretion to cancel, terminate, modify or suspend the Promotion. Should the Promotion be terminated prior to the stated expiration date, notice will be posted on the Promotion Website during the Promotion Period and the remaining Prizes may be awarded to a Winner to be selected in a random drawing from among all eligible entries received up until and, or after (if applicable) the time of modification, cancellation, or termination or in a manner that is fair and equitable as determined by Sponsor in its sole discretion. All interpretations of these Official Rules and decisions by Sponsor are final. In the event of a dispute over who submitted a winning Entry, the authorized account holder of the account attached to the winning Entry will be declared the winner. "Authorized Account Holder" is defined as the natural person assigned to an email address by an internet access provider and/or a mobile phone number by a wireless carrier or other organization responsible for assigning a mobile phone numbers. No software-generated, robotic, programmed, script, macro or other automated online or text message entries are permitted. Sponsor reserves the right in its sole discretion to disqualify any individual it suspects or finds (a) to have used a software generated, robotic, programmed, script, macro or other automated online entry, (b) to have tampered with the entry process or the operation of the Promotion, (c) to be acting in violation of these Official Rules, (d) to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person or (e) to have provided inaccurate information on any legal documents submitted in connection with the Promotion. CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY DAMAGE THE PROMOTION WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE; THE PROMOTION ENTITIES RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. THIS CONTEST, INCLUDING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES SHALL BE (1) GOVERNED BY THE LAWS OF THE STATE OF NEBRASKA WITHOUT REGARD TO CHOICE OF LAW OR CONFLICT OF LAW PRINCIPLES (WHETHER OF THE STATE OF NEBRASKA OR ANY OTHER JURISDICTION), WHICH WOULD CAUSE THE APPLICATION OF THE LAWS OF ANY JURISDICTION OTHER THAN THE STATE OF PENNSYLVANIA; (2) ANY DISPUTE, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED IN ANY WAY WITH THE PROMOTION OR ANY PRIZE AWARDED SHALL BE BROUGHT EXCLUSIVELY IN A FEDERAL OR STATE COURT IN THE COUNTY OF MEDINA IN THE STATE OF NEBRASKA; (3) 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 OR COURT COSTS; AND (4) UNDER NO CIRCUMSTANCES WILL PARTICIPANT 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.
10. GOVERNING LAW/JURISDICTION Unless the laws relevant for the domicile of the Entrant provide otherwise, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of participants or Sponsor in connection with the Sweepstakes shall be governed by and construed in accordance with the laws of Nebraska, United States.
11. PERSONAL INFORMATION Sponsor and its authorized agents will collect, use, and disclose the personal information you provide when you enter the Sweepstakes for the purposes of administering the Sweepstakes and prize fulfillment. By entering this Sweepstakes, entrant’s consent to such collection, use, and disclosure of your personal information.
By accepting a Prize, each winner agrees to Promotion Entities use of his/her name, city/state/province of residence, picture, biographical information, statements, voice and likeness in any advertising and publicity Promotion Entities may conduct relating to the Sweepstakes in any media or format, whether now known or hereafter developed, including but not limited to the World Wide Web, at any time or times in perpetuity, without further compensation or notice, except where prohibited by law. Aggregate and anonymized Sweepstakes winner information may be used by the Promotion Entities to communicate about the Sweepstakes to its retailers and distributors.
For further information about Sponsor’s privacy practices, please see Sponsor’s Privacy Policy at: arborday.org/privacy.
12. RIGHT TO VOID / TERMINATE / SUSPEND / MODIFY Promotion Entities reserves the right to suspend or modify this Sweepstakes, or these Official Sweepstakes Rules, in whole or in part, at any time and without notice or obligation if, in Promotion Entities’ sole opinion, any factor interferes with its proper conduct as contemplated by these Official Sweepstakes Rules. Without limiting the generality of the foregoing, if the Sweepstakes, or any part thereof, is not capable of running as planned for any legitimate reason, including but not limited to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, programming errors, or technical failures, which, in the sole opinion of Promotion Entities, corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Promotion Entities may, in its sole discretion, void any suspect Entries and: (a) terminate the Sweepstakes, or any portion thereof; (b) modify or suspend the Sweepstakes, or any portion thereof, to address the impairment and then resume the Sweepstakes, or relevant portion, in a manner that best conforms to the spirit of these Official Sweepstakes Rules; and/or (c) award the prize from among the eligible, non-suspect Entries received up to the time of the impairment in accordance with the winner selection criteria discussed above.
13. GENERAL CONDITIONS Winning a Prize is contingent on fulfilling all the requirements set forth herein. All Entries become the property of Promotion Entities, where permitted and in any event none will be returned or acknowledged. Mass Entries, automated Entries, Entries submitted by third parties, and any Entries or prize claims that are late, incomplete, fraudulent, illegible, unidentified or delayed will be void. All Entries and prize claims are subject to verification. Proof of Entry submission does not constitute proof of receipt. Entrants agree to abide by these Official Sweepstakes Rules. Decisions of Promotion Entities will be final and binding on all matters pertaining to this Sweepstakes. Sweepstakes is subject to all applicable federal, state, and local laws, of all applicable jurisdictions. Promotion Entities reserves the right to correct any typographical, printing, computer programming or operator errors. Promotion Entities’ failure to enforce any term of these Official Sweepstakes Rules shall not constitute a waiver of that provision. The invalidity or unenforceability of any provision of these Official Sweepstakes Rules shall not affect the validity or enforceability of any other provision. If any provision of the Official Sweepstakes Rules is determined to be invalid or otherwise unenforceable, then the Official Sweepstakes Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. Should a winner make any false statement(s) in any document referenced above, the winner will be required to promptly return to Promotion Entities his/her prize, or the cash value thereof. Promotion Entities reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process, the operation of the Sweepstakes and/or Sweepstakes websites or apps, violates the Official Sweepstakes Rules, Sponsor’s Terms of Service, or acts with intent to annoy, abuse, threaten or harass any other person. WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR APPLICATION ASSOCIATED WITH THIS Sweepstakes OR UNDERMINE THE LEGITIMATE OPERATION OF THE Sweepstakes IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND Promotion Entities RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
14. LIMITATIONS OF LIABILITY AND RELEASES BY PARTICIPATING IN THIS Sweepstakes, ENTRANTS AGREE THAT THE PROMOTION ENTITIES HAVE NO LIABILITY WHATSOEVER FOR, AND ENTRANTS SHALL HOLD THE PROMOTION ENTITIES HARMLESS AGAINST, ANY LIABILITY FOR ANY INJURIES, CLAIMS, LOSSES, DAMAGES, COSTS OR EXPENSES OF ANY KIND (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES) TO PERSONS OR PROPERTY RESULTING FROM (A) ENTRY OR PARTICIPATION IN THIS Sweepstakes, INCLUDING ACCESS TO AND USE OF THE Sweepstakes WEBSITES, (B) ANY CLAIMS BASED ON PERSONALITY OR PRIVACY RIGHTS, DEFAMATION OR PRIZE DELIVERY, OR (C) THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF ANY PRIZE. THE PROMOTION ENTITIES ARE NOT RESPONSIBLE FOR ANY UNDELIVERED EMAILS, INCLUDING WITHOUT LIMITATION E-MAILS THAT ARE NOT RECEIVED BECAUSE OF A WINNER’S PRIVACY OR SPAM FILTER SETTINGS WHICH MAY DIVERT ANY NOTIFICATION OR OTHER E-MAIL, INCLUDING ANY WINNER NOTIFICATION EMAIL, TO A SPAM OR JUNK FOLDER. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages; therefore such exclusions may not apply to you, please see Rule 15 below.
Without limiting the foregoing, but subject to Rule 15 below, the Promotion Entities and any of Sponsor’s other agencies, suppliers or contractors, shall not be responsible for: (a) any incomplete or inaccurate information that is caused by Sweepstakes website users, or by any of the equipment or programming associated with or utilized in the Sweepstakes, or by any technical or human error which may occur in the processing of submissions in the Sweepstakes; (b) lost, interrupted, or unavailable network, server, service provider, on-line systems, telephone networks or telephone lines, or any other connections; (c) the theft, destruction, loss or unauthorized access to, or alteration of, Entries; (d) any problems with, or malfunctions or failures of, telephone networks or lines, computers or computer on-line systems, servers or providers, computer equipment, software, viruses or bugs; (e) garbled transmissions or miscommunications; (f) failure of any e-mail to be received by or from the Promotion Entities for any reason, including but not limited to traffic congestion on the Internet or at any website or combination thereof or technical incompatibility; (g) damage to a user’s computer equipment (software or hardware) occasioned by participation or downloading of materials related to this Sweepstakes; (h) printing, distribution, programming or production errors, and any other errors or malfunctions of any kind, whether human, mechanical, electronic or otherwise; or (i) technical, pictorial, typographical or editorial errors or omissions contained herein.
PLEASE READ: IMPORTANT NOTICE REGARDING DISPUTE RESOLUTION.
15. CHOICE OF LAW/JURISDICTION AND DISPUTE RESOLUTION: DISPUTE RESOLUTION, MANDATORY ARBITRATION, AND CHOICE OF LAW/JURISDICTION: This Promotion is offered only in the 50 United States and The District of Columbia. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrants or the Promotion Entities in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Nebraska, without giving effect to any choice of law or conflict of law rules (whether of the State of Nebraska or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Nebraska. The Promotion Entities’ failure to enforce any terms of these Official Rules shall not constitute a waiver of that or any other provision. By entering, Entrant agrees that whenever you have a disagreement with the Promotion Entities (individually or collectively) arising out of, connected to, or in any way related to the Promotion, the Official Rules, or the Privacy Policies, you will send a written notice to the Sponsor (“Demand”). Entrant agrees that the requirements of this Dispute Resolution Section, defined as paragraph 8 of these Official Rules (“Dispute Resolution Section”), will apply even to disagreements that may have arisen before Entrant accepted these Official Rules or the Privacy Policies. Entrant must send the Demand to the following address (the “Notice Address”): Arbor Day Foundation, 211 N. 12th St. Lincoln, NE 68508. Attention; Legal Department with a copy to Administrator at Marden-Kane, Inc., 575 Underhill Blvd., Suite 222, Syosset, NY 11791-3416. Entrant agrees that Entrant will not take any legal action, including filing a lawsuit or demanding arbitration, until 10 business days after Entrant sends a Demand. This informal dispute resolution is in addition to, and does not waive, excuse, or supersede any pre-suit resolution process required by state or federal law before filing suit.
If the disagreement stated in the Demand is not resolved to Entrant’s satisfaction within 10 business days after it is received, and Entrant intends on taking legal action, Entrant agrees that it will file a demand for arbitration with the American Arbitration Association (the “Arbitrator”). The Promotion Entities also agree that we will submit any and all disputes with Entrant to arbitration before the Arbitrator. This arbitration provision limits the ability of Entrant and the Promotional Entities to litigate claims in court and Entrant and Promotional Entities each agree to waive their respective rights to a jury trial.
For any such filing of a demand for arbitration, Entrant must provide proper service under the rules of the Arbitrator and notice to the Notice Address may not be sufficient. If, for any reason, the American Arbitration Association is unable to conduct the arbitration, Entrant may file its case with any national arbitration company. The Arbitrator shall apply the AAA Consumer Arbitration Rules effective September 1, 2014, available at https://www.adr.org/sites/default/files/Consumer-Rules-Web_0.pdf (and as may be amended) and as modified by the agreement to arbitrate in this Dispute Resolution Section. Entrant agrees that the Arbitrator will have sole and exclusive jurisdiction over any and all disputes arising out of or relating to the Promotion or any disputes with the Promotion Entities including, but not limited to, disputes as to the interpretation or application of this Dispute Resolution Section or the validity of the arbitration agreement herein. The Arbitrator has authority to issue any and all remedies authorized by law, except that any requests for the remedy of public injunctive relief shall be brought in a court of competent jurisdiction. The Federal Arbitration Act allows for the enforcement of arbitration agreements and governs the interpretation and enforcement of the agreement to arbitrate. The place of arbitration shall be Lincoln, Nebraska.
Entrant agrees that it will not file a class action or collective action against the Promotion Entities, and that Entrant will not participate in a class action or collective action against them. Entrant agrees that it will not join its claims to those of any other person.
Notwithstanding any other provision in the Official Rules, or the Privacy Policies, if this class action waiver is adjudicated to be invalid by a court of competent jurisdiction, then the agreement to arbitrate is null and void, as though it were never entered into, and any arbitration dispute at that time will be dismissed without prejudice and may be refiled in court. Entrants irrevocably consent to the sole and exclusive jurisdiction of the state or federal courts of the State of Nebraska located in the county of Lancaster County, Nebraska for any action, suit or proceeding arising out of or relating to this Promotion. Under no circumstances does Entrant or the Promotion Entities agree to class or collective procedures in arbitration or the joinder of claims in arbitration.
The provisions of this Dispute Resolution Section shall survive conclusion, modification or termination of the Promotion and suspension, revocation, closure, modification, or amendments to the Official Rules, and any aspect of the relationship of Entrant or the Promotion Entities relating to or arising from participation in the Promotion.
16. OFFICIAL SWEEPSTAKES RULES AND WINNERS LIST Official Rules will be posted on www.arborday.org as of November 20, 2024, and will remain posted until confirmation of Grand Prize winner.
17. SPONSOR Arbor Day Foundation, 211 N. 12th St. Lincoln, NE 68508.
18. ADMINISTRATOR Marden-Kane Inc., 575 Underhill Blvd. Suite 222, Syosset, NY 11791
This sweepstakes is in no way sponsored, endorsed, administered by or associated with Facebook.
©2024. Marden-Kane, Inc. All rights reserved. These Official Rules may not be copied, edited, or used for any other purpose, commercial or otherwise, without the express written consent of Marden-Kane, Inc.