Rose Name Contest Official Rules

OFFICIAL CONTEST RULES

PRELIMINARY INFORMATION: No purchase necessary. A purchase will not improve chances of winning. Void where prohibited. The Altman Specialty Plants, Inc. Rose Naming Contest begins on Friday, November 4, 2016 at 12:01 A.M. PST and ends on Wednesday, November 30, 2016 at 11:59 P.M. PST (“Contest Period”). Odds of winning depend upon the number of eligible entries received.

TO ENTER: To enter, access the website at www.altmanplants.com. Fill out the submission form on the contest website page entering your name, email address, and the rose name. Or, submit a name on our social media pages, Facebook, Instagram, Pinterest, LinkedIn. Submissions posted on social media must use the #nametherose. The winning name will be the one with the most “likes” and that will fit well with the brand.

Complete and thereafter submit an entry of your choice for the name for our new brand of Hybrid Tea Shrub™ rose. Entries must be accompanied by your full name, email address,. All entries become the property Altman Specialty Plants, Inc. 3742 Blue Bird Canyon Road, Vista, California 92084 (“Sponsors”), and will not be acknowledged or returned, and may be altered for contest purposes.

You may enter as many times as you like during the Contest Period. Entries that are incomplete, garbled, corrupted, or unintelligible for any reason, including, but not limited to, computer or network malfunction or congestion, are void and will not be accepted. In case of a dispute over the identity of an entrant who made a potentially winning entry, Sponsors reserve the right to deem that the entry was made by the registered subscriber of the email address submitted at the time of entry. Entry constitutes permission (except where prohibited by law) to use entrant’s name, likeness, image, and/or story for purposes of advertising, promotion, and publicity without additional compensation.

ELIGIBILITY: Open only to those who are eighteen (18) years of age or older and the age of majority in their state of residence as of November 4, 2016. The contest judges and members of these persons’ immediate families (spouses and/or parents, children, and siblings, and their spouses), and/or persons living in the same households as these persons (whether or not related thereto) are not eligible to enter the contest.

WINNER SELECTION AND NOTIFICATION: One grand prize winner will be selected through a screening process by judges selected by Sponsors from all eligible entries on or about. The winning name will be the one with the most “likes” and a decision that the specific entry will fit well with the brand and will be notified by posting on the Contest website, and by an email from the Sponsors.  Winners may also be notified by email and/or social media depending on what platform or page the name was submitted and/or email. Winners may be required to execute and return an affidavit of eligibility, release of liability, and, except where prohibited, publicity release (collectively, “Contest Documents”) within two (2) days of such notification. Noncompliance within this time period will result in disqualification, and an alternate winner may be selected from the remaining eligible entries. If a winner cannot be reached, if he/she is found to ineligible, if he/she cannot or does not comply with these Official Rules, or if his/her prize or prize notification is returned as undeliverable, that winner will be disqualified and an alternate winner may be selected from the remaining eligible entries. Limit one (1) prize per family or household.

PRIZES: There will be one (1) grand prize of $100 cash awarded, plus a Rose Surprise (“Prize”).  Sponsors reserve the right to substitute a similar Prize (or Prize element) of equal or greater value. All taxes and other expenses, costs, or fees associated with the acceptance and/or use of Prizes are the sole responsibility of Winner. The Prize cannot be transferred by Winner or and there can be no substitution of the Prize by Winner. If Prize is unclaimed, it will be forfeited, and an alternate Winner may be selected from the remaining eligible entries.

CONDITIONS: By entering the Contest, each entrant agrees for entrant and for entrant’s heirs, executors, and administrators (a) to release and hold harmless Sponsors and their respective officers, directors, and employees (collectively, “Released Parties”) from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such entrant’s participation in the Contest  and/or his/her acceptance, possession, use, or misuse of Prize or any portion thereof; (b) to indemnify Released Parties from any and all liability resulting or arising from the Contest and to hereby acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to Prizes, including express warranties; (c) if selected as a Winner, to the posting of such entrant’s name on www.altmanplants.com and the use by Released Parties of such name, voice, image, and/or likeness for publicity, promotional, and advertising purposes without additional compensation, and, upon request, to the giving of consent, in writing, to such use; and (d) to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Contest itself, and to be bound by all decisions of the Sponsors, which are binding and final. Failure to comply with these conditions may result in disqualification from the Contest.

ADDITIONAL TERMS: Sponsors reserve the right to permanently disqualify from any promotion any person they believe has intentionally violated these Official Rules. Any attempt to deliberately damage the Contest or the operation thereof is unlawful and subject to legal action by Sponsors, who may seek damages to the fullest extent permitted by law. In the event of cancellation, modification, or suspension, Sponsors reserve the right to select Winner in a random drawing from among all eligible, non-suspect entries received at the time of the event warranting such cancellation, modification, or suspension. Notice of such cancellation, modification, or suspension will be posted at www.altmanplants.com. Sponsors may prohibit any entrant or potential entrant from participating in the Contest, if such entrant or potential entrant shows a disregard for these Official Rules; acts with an intent to annoy, abuse, threaten, or harass any other entrant, Sponsors, or Sponsors’ agents or representatives; or behaves in any other disruptive manner (as determined by Sponsors in their sole discretion).

DISPUTES: THE CONTEST IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF CALIFORNIA, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN SAN DIEGO, CALIFORNIA. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JAMS IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN CALIFORNIA. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN SAN DIEGO COUNTY CALIFORNIA. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.

WINNER ANNOUNCEMENT: For the name of the Winner, available after December 5, 2016 visit the Contest webpage (www.altmanplants.com), or send us an email to marketing@altmanplants.com.