Official Rules

Nature’s Way

Garden GoodnessTM Gift-A-Garden Sweepstakes

NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN.   A purchase or payment will not improve your chances of winning.  The Alive! Garden Goodness Gift-A-Garden Sweepstakes (the “Sweepstakes”) entry period beginning at 12:01 AM Central Time (“CT”) on May 21, 2018 and ends at 11:59 PM CT on June 11, 2018 (the “Entry Period”), when all entries must be received.  Central Time shall control for all purposes of this Sweepstakes.  The Sweepstakes is governed by these Official Rules, and is subject to all applicable US, federal, state and local laws.  The Sweepstakes is void in the States of New York and Florida and void where prohibited by law.
 

  1. ELIGIBILITY: The Sweepstakes is open to legal residents of the 50 United States and Washington, D.C., who have reached the age of majority in your state at the time of entry, excluding residents of New York and Florida. Employees of Schwabe North America, Inc.  (“Sponsor”), and its parent, affiliates, subsidiaries, division, and advertising or promotional agencies participating in this Sweepstakes, and their immediate family members (collectively with Sponsor, the “Sweepstakes Entities”) are not eligible to participate or receive a prize in the Sweepstakes. “Immediate Family and household members” shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses, regardless of where they live.  “Household members” shall mean people who share the same residence at least three months a year, whether related or not.  In order to enter the Sweepstakes or receive the prize, you must fully comply with these Official Rules and, by entering, you represent and warrant that you agree to be bound by these Official Rules and the decisions of the Sponsor-designated judges, whose decisions are binding and final in all respects relating to this Sweepstakes.

HOW TO ENTER: To enter the Sweepstakes, during the Entry Period, entrants must “Like” the Alive! Multivitamins Instagram page and tag their “best bud” in the post comments for a chance to win. Alternatively, you may enter via the entry form found at http://info.naturesway.com/Alive-Gift-a-Garden-Giveaway.html, complete all required fields and submit the entry form for a chance to win. Entrants entering the entry form may, at entrant’s option, include the name of their best bud.  Limit one (1) entry per person, per day during the Entry Period.   ALL ENTRIES MUST BE RECEIVED BY 11:59 CT ON JUNE 11, 2018.   Entries submitted to Instagram  will be deemed to have been submitted by the authorized account holder of the email address submitted at the time of entry.  For all entries submitted via the online entry form, the person submitting the entry form will be deemed the authorized account holder. “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 organization (e.g. business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.  Mechanically altered or reproduced entries are not eligible.  The use of robotic or automatic devices for entering the Sweepstakes is prohibited and Sponsor reserves the right to nullify all such entries and to disqualify the responsible individual from entering. Normal internet access and usage charges imposed by your online service will apply and are your sole responsibility. Sponsor is not responsible for lost, late, misdirected, corrupted, incomplete or damaged entries. Proof of submission is not proof of receipt by Sponsor.
You must have an Instagram account or have an email account and access to http://info.naturesway.com/Alive-Gift-a-Garden-Giveaway.html via the Internet to participate in the Sweepstakes. In order for your Instagram entry to be valid, your Instagram account must be public and viewable by the Sponsor. If you choose to access Instagram using your mobile device, data rates may apply. Consult your wireless provider for pricing plan details. Entries will not be acknowledged or returned.
An entrant may use only one (1) email or Instagram account to enter. Multiple Entrants are not permitted to share the same email or Instagram account. Any attempt by an entrant to obtain more than the allotted number of Entries by using multiple/different email or Instagram accounts or any other methods will void all of that entrant’s attempted entries and that entrant may be disqualified. By submitting an entry in the Sweepstakes, you warrant and represent that your entry conforms to these Official Rules. 

  1. RANDON DRAWING; ODDS OF WINNING:  Ten (10) potential winners will be selected by the Sponsor-designated judges from all eligible entries received during the Sweepstakes period in a random drawing to be held on or about June 18, 2018.  Odds of winning depend on the total number of eligible entries received.
  2. WINNER NOTIFICATION: Potential winners will be notified on or about June 18, 2018 via the mechanism entered and will be asked to provide their email address and residential address.   Potential winners, as well as the “best bud” designated by potential winners, will be required to complete and return an Affidavit of Eligibility, Release of Liability and Publicity Release (where permitted by law) (collectively, the “Affidavit”) by no later than June 28, 2018 or an alternative winner may be selected. In the event: (a) a potential winner cannot be reached for whatever reason after a reasonable effort has been exerted based on the information stated in the entry; (b) of noncompliance with the above or within any of the aforesaid time periods; (c) potential winner is found to be ineligible to enter the Sweepstakes or receive the prize; or (d) potential winner fails to fulfill the Affidavit-related obligations, the potential winner shall be disqualified from the Sweepstakes and an alternative potential winner may be selected at Sponsor’s sole discretion, from among the other eligible entries received.
  3. PRIZE:  Ten (10) prize winners plus each prize winner’s best bud for a total of up to twenty (20) winners will receive prizes including Sponsor’s products ranging in approximate retail value (“ARV”) from $9.99 to $150.00.  Prizes and approximate ARV consist of the following: Home Depot gift card (AVR $100.00), 2 pairs gardening gloves (AVR $13.98), wood crate (AVR $34.99), vegetable seed packets ($25), watering can (AVR $14.99), gardening apron (AVR $24.99), gardening trowel and rake (AVR $19.98), kneeling pad (AVR $12.99), and herb grow kit (AVR $24.99). Prize is non-transferable and no substitution will be made except as provided herein or otherwise at the Sponsor’s sole discretion. Sponsor reserves the right to substitute the prize for one of equal or greater value if the designated prize should become unavailable for any reason. All federal, state and local taxes on the prize are the sole responsibility of the winner. AVR of all prizes is in U.S. dollars.
  4. PUBLICITY RELEASE; USE OF PERSONAL INFORMATION: Except where prohibited or restricted by law, winner’s acceptance of a prize constitutes the winner’s agreement and consent for Sponsor to use and/or publish winner’s full name, city and state of residence, photographs or other likenesses, entry, pictures, portraits, voice, testimonials, biographical information (in whole or in part) and/or statements made by winner regarding the Sweepstakes or Sponsor, worldwide and in perpetuity for any and all purposes, including, but not limited to, advertising, trade and/or promotion on behalf of Sponsor, in any and all forms of media, now known or hereafter devised, including but not limited to print, TV, radio, electronic, cable, or World Wide Web, without further limitation, restriction, compensation, notice, review, or approval. Personal information collected by Sponsor will be used for administration of the Sweepstakes and awarding the prizes. In addition, by entering, entrants agree to Sponsor’s use of entrant’s personal information for Sponsor’s marketing purposes and as described in its privacy policy at http://feelalive.com/Privacy-Policy.   Please refer to Sponsor’s privacy policy for important additional information regarding collection, use, and disclosure of personal information by Sponsor. Sponsor is not responsible for disclosures made by any third party.  Entrants may subsequently opt-out of receiving further emails as set forth in Sponsor’s privacy policy or by unsubscribing via any unsubscribe link made available by Sponsor.

NO TAMPERING; RIGHT TO CANCEL, MODIFY: Sponsor and its subsidiaries,  affiliates, divisions, partners, representatives, agents, successors, assigns, employees, officers and directors shall not have any obligation or responsibility,  including any responsibility to award any prize to entrants, with regard to: (a) entries that contain inaccurate information or do not comply with or violate the Official Rules, (b) entries, prize claims or notifications that are lost, late, incomplete, illegal, unintelligible, damaged or otherwise not received by the intended recipient, in whole or in part, due to computer, human or technical error of any kind including but not limited to, inactive email accounts or entrants failure to monitor his/her account; (c) entrants who have committed fraud or deception in entering or participating in the Sweepstakes or claiming the prize; (d) telephone, electronic, hardware, software, network, Internet or computer malfunctions, failures or difficulties; (e) any inability of the winner to accept the prize for any reason; (f) if a prize cannot be awarded due to delays or interruptions due to Acts of God, natural disasters, terrorism, weather or any other similar event beyond Sponsor's reasonable control; or (g) any damages, injuries or losses of any kind caused by any prize or resulting from awarding, acceptance, possession, use, misuse, loss or misdirection of any prize or resulting from participating in this promotion or any promotion or prize related activities. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be (a) tampering with the entry process or the operation of the Sweepstakes, or with any website promoting the Sweepstakes; (b) acting in violation of the Official Rules; or (c) entering or attempting to enter the Sweepstakes multiple times through the use of multiple Instagram Accounts or the use of any robotic or automated devices to submit entries. If Sponsor determines, in its sole discretion, that technical difficulties or unforeseen events compromise the integrity or viability of the Sweepstakes, Sponsor reserves the right to void the entries at issue, and/or terminate the relevant portion of the Sweepstakes promotion, including the entire Sweepstakes promotion, and/or modify the Sweepstakes and/or conduct a random drawing to award the prize using all eligible entries received as of the termination date. Notification of such action by Sponsor will be posted on Sponsor's Instagram pages and at http://info.naturesway.com/Alive-Gift-a-Garden-Giveaway.html.

  1. RELEASE OF LIABILITY; DISCLAIMER OF WARRANTY; FORUM SELECTION CLAUSE:
    By participating in the Sweepstakes, entrants and winner agree to release and hold harmless Sponsor, Instagram, and their respective subsidiaries, affiliates, divisions, partners, representatives, agents, successors, assigns, employees, officers and directors (the "Released Parties"), from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever, including without limitation, property damage, personal injury (including emotional distress), and/or death, which may occur in connection with preparation for, or participation in, the Sweepstakes, or possession, acceptance and/or use or misuse of the prize or participation in any Sweepstakes-related or prize-related activity and for any claims or causes of action based on publicity rights, defamation or invasion of privacy and merchandise delivery. The Released Parties assume no responsibility for any injury or damage to entrants or to any other person's computer, regardless of how caused, relating to or resulting from entering or downloading materials or software in connection with this Sweepstakes. Entrants and winner acknowledge that Sponsor has neither made nor is in any manner responsible or liable for any warranty, representations or guarantees, express or implied, in fact or in law, relative to any prize or any component thereof, including, but not limited to, express warranties provided by the supplier of the prize (or any component thereof) or their affiliates.  Entrants agree (and agree to confirm in writing) that: (i) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate state or federal court in Green Bay, Wisconsin; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes but in no event attorneys’ fees; and (iii) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim punitive, incidental and/or 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 in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Wisconsin.
  2. LIST OF WINNERS: To obtain a copy of the winner’s list, after June 28, 2018 send a self-addressed stamped  envelope by mail to: Nature’s Way, Attn: Sarah Carter, 100 N 6th Street, Suite 210C, Minneapolis, MN 55403.
  3. SPONSOR:    Schwabe North America, Inc., 825 Challenger Drive, Green Bay, WI 54311 (920) 469-1313.   Instagram is a registered trademark of Instagram, LLC.  This Sweepstakes is in no way sponsored, endorsed or administered by or associated with Instagram.