SPRUCE UP YOUR BACKYARD CONTEST
NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED
BY LAW. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE
YOUR CHANCES OF WINNING.
HOW TO ENTER: To enter the Spruce Up Your Backyard Contest go to mySA.com,
keyword: Backyard and complete the entry form; which may include, among other
things, entrant name, address, phone number, e-mail and date of birth pursuant to
the onscreen instructions. Attendees at the 2010 Fall Home & Garden Show can
enter at the San Antonio Express-News booth (#700/800) during show hours:
Friday, September 24 from 2 p.m. – 8 p.m.; Saturday, September 25 from 10 a.m. –
8 p.m.; and Sunday, September 26 from 11 a.m. – 6 p.m. By participating in the
contest, each entrant unconditionally accepts and agrees to comply with and abide
by these Official Rules and the decisions of the Sponsor, which will be final and
binding in all respects. Entries using computer programs, macro, programmed,
robotic, script, or other forms of automatic entry to enter the contest are prohibited
and will result in entrants being disqualified. Entries become the property of the
Sponsor and will not be returned. Proof of submission does not constitute proof of
delivery or receipt. Sponsor is not responsible for lost, late, misdirected, illegible,
incomplete, or inaccurate entries or technical, hardware, or software failures of any
kind, for lost or unavailable network connections, or failed, incomplete, garbled, or
delayed computer transmissions or any human error that may occur in the receipt or
processing of the entries. If there is a dispute as to the identity of an online entrant,
the prize will be awarded to the authorized account holder of the e-mail address. The
“authorized account holder” is defined as the natural person to whom the e-mail
address is assigned by an Internet service provider, online service provider, or other
organization (e.g. business, educational institution, etc.) that is responsible for
assigning e-mail addresses for the domain associated with the submitted e-mail
address. Entries submitted by entrants who do not meet the eligibility (including all
requirements with respect to age and residence) are void. The Web site’s database
clock will be the official timekeeper for this contest. In the event a dispute regarding
the identity of the individual who actually submitted an entry cannot be resolved to
Sponsor’s satisfaction, the affected entry will be deemed ineligible.
ELIGIBILITY: The contest is open to legal United States citizens who reside in the
following eight (8) Texas counties: Atascosa, Bexar, Bandera, Comal, Guadalupe,
Kendall, Medina and Wilson who are at least eighteen (18) years of age or older as of
September 17, 2010 and have valid Identification card. Employees of the Sponsor,
San Antonio Express-News, mySA.com, Prime Time Newspapers, Conexión its
parents, affiliates and subsidiaries, participating advertising and promotion agencies,
directors, officers and distributors, and other prize suppliers (Spa Crafters),
(collectively, the contest entities) and each of their immediate family members
and/or those living in the same household of each are not eligible. Void where
prohibited by law. One entry per person.
PRIZES: TOTAL VALUE OF PRIZE: $699.95
(1) Fish & Lion Fountain
3 feet wide and 4 feet tall
Water pump included
WINNER SELECTION/CONDITIONS Of PARTICIPATION: Winning a prize will be
predetermined based on probability assignment. Your confirmation as a winner is
subject to e-mail and ID card verification. The winner will be chosen by random from
the combined list of online, in-paper entries and Home & Garden show entries
received by Sunday, September 26 at 5 p.m. All entries submitted after 5 p.m. on
Sunday, September 26 will not qualify. If the winner is unreachable after seven (7)
days, or if that winner is unavailable for prize fulfillment, an alternate winner will be
selected, from all eligible entries.
CONDITIONS Of PARTICIPATION: Should the prize sponsor (Spa Crafters) close
their business, enter foreclosure or bankruptcy; or an unforeseeable act to happen to
the prize, the Sponsor (San Antonio Express-News) is not held responsible to replace
or provide monetary payment to the winner in exchange for the prize. Sponsor
reserves the right to substitute a prize of equal or greater value. Prizes are not
transferable or redeemable for cash. The decision of the Sponsor is final and binding
on all matters relating to the Sweepstakes. Expenses not specifically included in prize
description and all taxes are the sole responsibility of the winner. Each prize is
awarded “as is” with no warranty or guarantee, either express or implied outside of
manufacturer's limited warranty. No transfer, assignment or substitution of a prize
permitted, except Sponsor reserves the right to substitute prize for an item of equal
or greater value in the event an advertised prize is unavailable. All federal, state,
provincial and local laws and regulations apply. Entrants agree to be bound by the
terms of these Official Rules and by the decisions of Sponsor, which are final and
binding on all matters pertaining to this Sweepstakes. Winners may be required to
sign and return an Affidavit of Eligibility, a Liability Release and where legally
permissible a Publicity Release at the time of prize verification. Failure to comply with
these Official Rules may result in forfeiture of the prize. Winners hereby further
agrees that he/she will sign any documents necessary to transfer copyright of the
entry to Sponsor at the time of verification. Acceptance of the prize constitutes
permission for Sponsor and its agencies to use winner’s name and/or likeness,
biographical material and/or entry (including an altered form of the entry) for
advertising and promotional purposes without additional compensation, unless
prohibited by law. By accepting prize, winner agrees to hold Sponsor, its advertising
and promotion agencies and their respective parent companies, subsidiaries,
affiliates, partners, representative agents, successors, assigns, officers, directors,
and employees harmless for any injury or damage caused or claimed to be caused by
participation in the Sweepstakes or acceptance or use of the prize. Sponsor is not
responsible for any printing, typographical, mechanical or other error in the printing
of the offer, administration of the Sweepstakes or in the announcement of the prize.
UPICKEM and mySA.com are not responsible for Internet crashes or slowdowns
caused by network congestion, viruses, sabotage, satellite failures, phone line
failures, electrical outages, natural disasters or acts of man or God. mySA.com
reserves the right to change the rules at any time. Sponsor will be collecting
personal information in accordance with its privacy policy. See Sponsor’s privacy
policy at mySA.com for details regarding Sponsor’s information collection practices
in connection with a Sweepstakes.
SECOND CHANCE DRAWING: Any unclaimed prizes will be awarded in a Second
Chance drawing, assuming a sufficient number of entries. Each time you enter a
valid Official Code and complete an entry form, you will be automatically entered in
the Second Chance Drawing. Winner will be determined from all eligible entries
receive in a random drawing to be conducted by the Sponsor on or about Friday,
October 8, 2010. Odds of winning depend upon the unclaimed prize and the number
of eligible entries received.
WINNER NOTIFICATION: Winners (including those awarded via Second Chance)
will be notified via e-mail or telephone and may be required to sign and return a
notarized Affidavit of Eligibility, a Liability Release, and a completed IRS W-9 form
within seven (7) days following the date of first attempted notification. Failure to
comply with this deadline, return of any prize/prize notification as undeliverable,
Sponsor's inability to contact a potential prize winners within a reasonable time
period or any potential prize winner's noncompliance with these Official Rules may
result in disqualification and, at Sponsor's discretion, selection of an alternate winner
from among all non-winning entries received.
WINNERS LIST: For winners’ names, send a separate self-addressed, stamped
envelope to San Antonio Express-News, Spruce Up Your Backyard Contest,
301 Ave. E & 3rd, San Antonio, TX, 78205 after Monday, October 11, 2010.
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 contest or any prize awarded shall be resolved individually, without resort to any
form of class action, and exclusively by state or federal courts situated in San
Antonio, Texas, (2) any and all claims, judgments and awards shall be limited to
actual out-of-pocket costs incurred, but in no event attorneys' fees; and (3) no
punitive, incidental, special, consequential or other damages, including without
limitation, lost profits, et cetera may be awarded (collectively, "Special Damages"),
and (4) entrant hereby waives all rights to claim Special Damages and all rights to
have such damages multiplied or increased. Texas law, without reference to
Texas’s choice of law rules, governs the Promotion and all aspects related thereto.
SPONSOR: The Sponsors of this contest San Antonio Express-News and mySA.com
(301 Avenue E at Third Street, San Antonio, Texas 78205), and Spa Crafters (2730
North Loop 1604 East, San Antonio, Texas 78232).
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