THE #YEAROFTHESUNFLOWER VIDEO CONTEST OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE.
BY PARTICIPATING IN THIS CONTEST YOU DECLARE THAT YOU HAVE READ THE OFFICIAL RULES BELOW AND FULLY AGREE TO ALL TERMS AND CONDITIONS.
- DATES OF PROMOTION: The #YearoftheSunflower video contest entry period starts at 12:00 AM Central Time (“CT”) on July 1, 2021, and ends at 11:59 PM CT on September 15, 2021. The judging period starts at 12:00 AM CT on September 30, 2021, and ends at 11:59 PM CT on October 15, 2021. Winner announcements will be by October 31, 2021.
- ELIGIBILITY: The Contest is open to anyone who is at least 18 years of age or older at the time of entry (the “Entrant”). Void where prohibited or restricted by law. All federal, state and local laws and regulations apply.
- HOW TO ENTER: There is NO PURCHASE NECESSARY to participate. A purchase does not increase your chances of winning. There are six (6) ways to enter:
There are six (6) ways to enter (you can choose just one or all six):
- FACEBOOK – Post a video featuring sunflowers on your personal or business page (“Video) and include the hashtag #YEAROFTHESUNFLOWER to receive one (1) entry into the contest. You must have a Facebook account to enter via Facebook. If you do not have a Facebook account, visit Facebook.com to create an account. Account settings must be set to public. Including #YEAROFTHESUNFLOWER in an Entry during the Entry Period constitutes your agreement to these Official Rules.
- TWITTER – Tweet a video and include the hashtag #YEAROFTHESUNFLOWER to receive one (1) Entry into the Contest. You must have a Twitter account to enter via Twitter. If you do not have a Twitter account, visit www.Twitter.com to create an account. Twitter accounts must be set to public. Including #YEAROFTHESUNFLOWER in an Entry (tweet on Twitter) during the Entry Period constitutes your agreement to these Official Rules.
- INSTAGRAM – Upload a Video with a caption and include the hashtag #YEAROFTHESUNFLOWER to receive one (1) Entry into the Contest. You must have an Instagram account to enter via Instagram. If you do not have an Instagram account, visit www.Instagram.com to create an account. Instagram accounts must be set to public. Including #YEAROFTHESUNFLOWER in an Entry (post on Instagram) during the Contest Period constitutes your agreement to these Official Rules.
- YOUTUBE – Upload a Video with a caption and include the hashtag #YEAROFTHESUNFLOWER to receive one (1) Entry into the Contest. You must have a YouTube account to enter via YouTube. If you do not have a YouTube account, visit www.youtube.com to create an account. Including #YEAROFTHESUNFLOWER in the video description during the Contest Period constitutes your agreement to these Official Rules.
- TIKTOK – During the Entry Period, upload a Video with a caption and include the hashtag #YearoftheSunflower to receive one (1) Entry into the Contest. You must have a TikTok account to enter via TikTok and the account must be set to public. If you do not have a TikTok account, visit www.tiktok.com to create an account. Including #YearoftheSunflower in an Entry (post on ToikTok) during the Contest Period constitutes your agreement to these Official Rules.
- DIRECT SUBMISSION TO NGB – During the Entry Period, submit video to National Garden Bureau by emailing the file, or a link to the file, to email@example.com. Include in the email your name and contact phone number. Submission constitutes your agreement to these Official Rules.
Limit one (1) Entry per person.
By submitting your Entry, you agree that your Entry conforms to the Contest Guidelines and Content Restrictions listed below (collectively, the “Guidelines and Restrictions”) and that Sponsors, in their sole discretion, may remove your Entry and disqualify you from the Contest if they believe, your Entry fails to conform to the Guidelines and Restrictions. By submitting your Entry, in addition to rights granted below, you: (a) hereby waive any so-called moral (e.g., creative rights) in your Entry; (b) represent and warrant that you have the right to grant the rights granted in these Official Rules; and (c) represent and warrant that your Entry and its use as contemplated in these Official Rules does not and will not violate, misappropriate, or infringe upon any law or regulation or the rights of any third party, including any copyright, trademark, or any rights of publicity or privacy, or any other intellectual property or proprietary rights.
If a minor child is in the Video, you, as the entrant, must be the parent or legal guardian of the minor child depicted in the Video or must have the permission of the parent or legal guardian of the minor child depicted in the Video and you must provide such consent to Sponsors, on minor’s behalf, upon request.
Videos submitted to the Website must be in a format accepted by YouTube, under 300 MB.
Videos must be less than 2 minutes in length.
Entry must be in English.
The Entry must be entrant’s original creation and owned one hundred percent (100%) by the entrant.
The Entry cannot have been submitted previously in a promotion of any kind or exhibited or displayed publicly through any means.
If the Entry contains stock imagery, the entrant may be required to provide proof of purchase or license.
The Entry must not contain material that violates, misappropriates, or infringes upon any law or regulation or the rights of any third party, including any copyright, trademark, or any rights of publicity or privacy, or any other intellectual property or proprietary rights.
Must not include any identifiable information, such as an Entrant’s company, logo, brand names or trademarks.
The Entry must not disparage any person or entity or contain negative references to sunflowers.
The Entry must not contain material that is inappropriate, indecent, obscene, hateful, tortious, and/or defamatory.
The Entry must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age.
The Entry must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where Entry is created.
By submitting an Entry, entrants (and winners) grant Sponsors (and Sponsor’s members) a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, edit, modify, publish, create derivative works from, and display such Entries in whole or in part, and otherwise exploit the Entry in all media, in any way Sponsor (and Sponsor’s members) see fit including, but not limited to, entertainment, instruction/education, promotional, advertising and/or marketing purposes. In connection with all rights granted herein, Sponsors (and Sponsor’s members) shall also have the irrevocable right to incorporate Entries, in whole or in part, into other works, in any form, media or technology now known or hereafter developed. If necessary, entrant will sign any necessary documentation that may be required for Sponsors or their designees to make use of the non-exclusive rights entrant is granting to use the Entry. Proof of Entry will not be deemed proof of receipt by Sponsors.
- PRIZES: FOR HOME GARDENER/CONSUMER ENTRIES: Grand Prize [one (1)]: $250USD issued in the form of a check. Honorable Mention Prize [two (2)]: $100USD issued in the form of a check. FOR HORTICULTURE INDUSTRY TRADE ENTRIES: Grand Prize [one (1)]: $250USD issued in the form of a check. Honorable Mention Prize [two (2)]: $100USD issued in the form of a check. All federal, state, and local taxes are the sole responsibility of Winners for their portion of the prize. Winner acceptance of prize constitutes permission for the Sponsor to use winner’s name and/or likeness and photograph and any possible footage, photographs and video of the winner for purposes of advertising without further compensation, including a winners list, unless prohibited by law. Winner hereby grants the Released Parties (as defined below) the irrevocable, perpetual, worldwide rights to use, reproduce, publish, edit, market, distribute, have distributed, publicly and privately display, communicate, publicly and privately perform, transmit, have transmitted, create derivative works based upon, and promote the footage (as described above), photographs and video (as such may be edited and modified by the Sponsors in their sole discretion) in perpetuity, for editorial, commercial, promotional and all other purposes.
- WINNER SELECTION:
Judging and Winner Selection: At the end of the Entry Period, all Entries will be judged by a panel of judges selected by Sponsor based on Creativity, Originality and Overall Appeal. The Entries with the highest total scores will be deemed the potential Finalist Entries, subject to confirmation of eligibility (the “Finalist Entry”). Sponsor will contact all finalists and ask for two items: 1) An official entry form (provided at that time) and 2) The video file to be uploaded to the NGB YouTube account and to the NGB website. Entrants will have five (5) days to submit their registration form and finalist video files.
- NOTIFICATION: The Grand Prize and Honorable Mention Winners will be notified by email in October 2021. Subject to Sponsor’s sole discretion, should a potential winner be unwilling or unable to accept the Prize under the conditions stated in these Official Rules, or if a potential winner cannot be contacted within three (3) days of initial attempt and/or fails to respond to any notification attempt within three (3) days, or if any attempted notification or prize delivery is returned as undeliverable, the prize will be forfeited. Such potential winner will be disqualified and the Entry with the next highest score will be deemed the potential winner.
Sponsor will attempt to notify the potential winners as set forth above, but Sponsor is not responsible for any change of contact information of Entrant or 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 Contest e-mail, including any winner notification e-mail, to a spam or junk folder. Each Prize will only be awarded to a verified winner. In no event will more than the stated number of Prizes be awarded. Prizes not claimed by eligible Entrants in accordance with the Official Rules will not be awarded and will remain the property of Sponsor.
- GENERAL RULES OF PARTICIPATION: No purchase necessary to enter Contest or win a Prize. This Contest is subject to all applicable federal, state, local and municipal laws. By participating, you agree to be bound by these Official Rules and the decisions of the Sponsor, and waive any right to claim ambiguity in these Official Rules. Sponsor is not responsible for lost, late, misdirected, undeliverable or incomplete Entries.
Sponsor reserves the right to disqualify any Entrant and/or Entry that Sponsor determines, in its sole discretion, violates these Official Rules. Sponsor reserves the right, in its sole discretion, to cancel, terminate, suspend and/or modify the Contest, or any part of it, at any time, without notice. If for any reason this Contest is not able to be conducted as planned, including, but not limited to, by reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud or any other causes beyond the reasonable control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, then Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest, or any part of it, and award the Prizes from valid Entries received up to the termination or suspension date.
In the event of a dispute regarding the identity of an individual who actually submitted an online Entry, the Entry will be deemed submitted by the Authorized Account Holder (defined below) of the e-mail account provided in the Entry Form or applicable Facebook/Twitter/Instagram/YouTube account. “Authorized Account Holder” is defined as the person who is assigned to an e-mail account by an internet access 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. Potential winner may be required to show proof of being the Authorized Account Holder.
- INTERNET LIMITATIONS OF LIABILITY: Sponsor is not responsible for failures or malfunctions of phones, tablets, computers or other hardware or devices (each a “Device”); phone lines, cellular systems or data transmission systems; interrupted or unavailable networks, server or other connections; any error, omission, interruption, defect or delay in any transmission or communication; traffic congestion on the Internet; or any technical problem, including but not limited to any injury or damage to any person’s Device related to or resulting from Contest participation.
- NO LIABILITY; RELEASE AND INDEMNIFICATION: By entering, entrants and winners agree to release, discharge, indemnify and hold harmless the Sponsor and their affiliated companies, contractors, distributors, sales representatives, vendors, advertising and promotion agencies, prize providers and any other entities directly associated with this Contest, and each of their respective officers, directors, employees, representatives and agents (collectively, the “Released Parties”) from and against any claims made by entrants, or by any third parties, related in any way to the operation of this Contest, as well as any other claims, damages, charges, fines or liability due to any injuries, damages or losses to any person (including death) or property of any kind, or any claims of violation of rights of publicity or privacy, defamation or portrayal in a false light, resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of a Prize or participation in this Contest or in any Contest-related activity. The Released Parties shall have no liability for any problems or errors of any kind whether computer, network, mechanical, human, electronic, typographical, printing or otherwise relating to or in connection with the Contest.
- DISPUTES: THIS CONTEST IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF ILLINOIS, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN DUPAGE COUNTY, ILLINOIS. 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 OR HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, INCLUDING ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. PARTICIPANTS AGREE THAT THE RIGHTS AND OBLIGATIONS OF ANY PARTICIPANT AND/OR RELEASED PARTIES AND/OR ANY OTHER PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ANY DEMAND MUST BE FILED WITHIN ONE (1) MONTH FROM THE END OF THE CONTEST PERIOD, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.
- PUBLICITY RELEASE: Each Winner consents to the use of his/her name, photograph, likeness, biographical information, and voice for promotional purposes and in advertising worldwide without approval rights or additional compensation, except where prohibited by law.
- WINNERS LIST: A list of winners will be available on the NGB Website beginning in late October 2021.
- SPONSORS: Contest is sponsored by National Garden Bureau, 5201 Walnut Street, #3, Downers Grove, IL 60515. Sponsor is solely responsible for all aspects of this Contest.
- PRIVACY NOTICE: Personal information collected during the Contest may be used or disclosed by Sponsor and their affiliates as stated in these Official Rules, for purposes of Contest administration, winner identification and qualification, winner notification and prize award.