Hawthorne Gardening Company
“Gavita Scooter Giveaway at Hawthorne House”
Sweepstakes Official Rules (“Official Rules”)
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE AN INDIVIDUAL’S CHANCES OF WINNING. THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED, OR ADMINISTERED BY, OR ASSOCIATED WITH, INSTAGRAM.
1. Eligibility: The Gavita Scooter Giveaway at Hawthorne House Sweepstakes (the “Sweepstakes”) is open to legal U.S. residents of the 50 United States and the District of Columbia (“U.S.”), who (i) are at least eighteen (18) years of age or older (19 in Alabama and Nebraska; 21 in Mississippi) at the time of entry and (ii) virtually attend the Hawthorne House program at MJ Biz Con called “Are LEDs Right For You?” via Instagram Live on the @hawthornegc account (the “Program”) currently scheduled to begin at 4:30PM Eastern Time (“ET”). The Sweepstakes is governed by U.S. law and is subject to all applicable federal, state and local laws and regulations. Officers and directors of Hawthorne Gardening Company (“Sponsor”) and its respective parents, affiliates, subsidiaries, advertising or promotion agencies, and such employee’s immediate family members and/or those living in the same household are not eligible to participate. Void where prohibited. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. Timing: The Sweepstakes begins on Thursday, October 21, 2021 at 4:30PM PT and ends one (1) hour later, at 5:30PM PT on 10/21/21 (the “Sweepstakes Period”).
3. How to Enter: To enter, log into your Instagram account and navigate to Sponsor’s Instagram account @hawthornegc. Starting at 4:30 PM PT on Thursday, October 21, 2021, join Sponsor’s Instagram Live feed to virtually attend the Program. You must be virtually present for 75% of the Program and at the time of winner selection in order to be eligible to win a prize. By being present during the Program for the minimum time required, you will receive one (1) Sweepstakes entry. You must have an Instagram account, and your account must be set to “public,” in order to participate; getting an Instagram account is free. Limit one (1) entry per person and per Instagram account.
4. Winner Selection/Prizes/Odds:
On or about 5:30PM PT on Thursday, October 21, 2021, three (3) potential prize winners (“Prize Winner”) will be chosen in a random drawing from among all eligible entries received. Each Prize Winner will receive one (1) Gavita Scooter with an approximate retail value (“ARV”) of one thousand U.S. dollars ($1,000.00). The total ARV of all prizes to be awarded is three thousand U.S. dollars ($3,000.00). Random drawing will be conducted by Sponsor whose decisions shall be final and binding. Potential Prize Winners must be virtually present at the Program at the time of winner selection in order to be eligible to win a prize. Odds of winning depend on the number of eligible entries received. Winner is responsible for any and all local, state and/or federal taxes as well as any other costs and expenses not specified herein as being awarded. Prize is non assignable and non transferable and has no cash value. Sponsor reserves the right in its sole discretion to substitute a prize of comparable value if any prize listed is unavailable.
5. Winner Notification: Each potential Prize Winner will be notified in-person during the Program. Prize Winners must sign and return and Affidavit or Eligibility/Release of Liability, and where legally permissible a Publicity Release. Failure by a Prize Winner to return any required documentation prior to the deadline date may result in disqualification and the prize may be awarded to an alternate winner at Sponsor’s sole discretion. If any potential Prize Winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, and/or if a prize notice is returned as undeliverable, such potential Prize Winner will be disqualified and an alternate Prize Winner may be selected at Sponsor’s sole discretion.
6. Publicity Release: Except where prohibited, participation in the Sweepstakes constitutes each entrant’s consent to Sponsor’s use of entrant’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, in perpetuity, without further payment or consideration, and entrant releases the Sponsor from all claims arising out of the use of such information.
Entrant hereby releases Sponsor, Instagram, Inc., their respective parents, affiliates, subsidiaries, advertising or promotion agencies, and their respective officers, directors, employees, and agents, from any and all claims, liabilities, costs and expenses, which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes and/or receipt or use or misuse of any prize. The Sponsor reserves the right to cancel, modify, or suspend this Sweepstakes at any time in its sole discretion.
8. Disputes; Governing Law. Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Giveaway or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Southern District of Ohio or the appropriate State Court located in Franklin County, Ohio; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Giveaway, but in no event attorneys’ fees; and (3) under no circumstances will entrant 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. 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 in connection with the Sweepstakes shall be governed by, and construed in accordance with, the laws of the State of Ohio, without giving effect to any choice of law or conflict of law rules (whether of State of Ohio or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Ohio.
9. Official Rules & Winners List: To obtain a copy of these Official Rules or the names of the Prize Winners, send a self-addressed stamped envelope to: Hawthorne Gardening Company, Attn: Gavita Scooter Sweepstakes, 3204 NW 38th Circle, Vancouver, WA 98660. All such requests must be received by 12/31/2021.
10. Sponsor: Hawthorne Gardening Company, 3204 NW 38th Circle, Vancouver, WA 98660.