Terms, Conditions & Contest Rules
Welcome to Gerken's Organics, an online organic farm operating in the United States. These terms and conditions ("Agreement") govern your participation in the "Count the Seeds in the Jar" contest ("Contest") hosted on our website. By entering the Contest, you ("Entrant") agree to be bound by these terms and conditions, and any other rules, regulations, or instructions posted on the website. If you do not agree with any part of this Agreement, you may not participate in the Contest.
We reserve the right to modify or terminate the Contest, the website, or any service provided by us, for any reason, at any time. We may also amend this Agreement from time to time without notice to you, so please review it periodically for changes. Your continued participation in the Contest after such modifications or amendments shall constitute your agreement to be bound by such changes.
Please note that this Contest is in no way sponsored, endorsed, or administered by, or associated with, Taylor Swift, Mile High Stadium, or any other third party.
The Contest is open only to legal residents of the United States who are at least 18 years old as of the date of entry. Employees, officers, directors, agents, and representatives of Gerken's Organics, and its respective parent companies, affiliates, subsidiaries, advertising, promotion, and fulfillment agencies, and legal advisors, and the immediate family members and persons living in the same household of each such employee, officer, director, agent, or representative are not eligible to participate in the Contest.
By entering the Contest, each Entrant represents and warrants that he or she meets all eligibility requirements and has read and agrees to be bound by these terms and conditions and all decisions of Gerken's Organics, which are final and binding in all respects. Gerken's Organics reserves the right to verify the eligibility of any Entrant and to disqualify any Entrant who does not meet the eligibility requirements, without any liability to such Entrant.
The Contest is subject to all applicable federal, state, and local laws and regulations, and is void where prohibited by law.
To enter the Contest, Entrants must submit their skilled educated guess of the number of sunflower seeds in the jar through the official entry form located on Gerken's Organics website at gerkensorganics.com. Entries must include the Entrant's name, phone number, and email address. There is no limit on the number of entries one can submit.
All entries become the property of Gerken's Organics and will not be returned or acknowledged. By submitting an entry,
Entrants agree to be bound by these terms and conditions and any decisions of Gerken's Organics.
Entries that are late, lost, misdirected, incomplete, or otherwise not in compliance with these terms and conditions will be disqualified. Gerken's Organics is not responsible for technical, hardware, or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled, or delayed computer transmissions which may limit an Entrant's ability to participate in the Contest.
Gerken's Organics reserves the right, in its sole discretion, to disqualify any Entrant who it determines, in its sole discretion, has tampered with the entry process, violated any of these terms and conditions, or acted in an unsportsmanlike or disruptive manner.
Entrants are solely responsible for any and all costs, fees, taxes, or expenses associated with their participation in the Contest and/or acceptance of the Prize.
The winner of the Contest will receive Two Taylor Swift Tickets to Mile High Stadium July 15th Section 105, Row 35 Seats 11 & 12 (the "Prize").
The Prize is non-transferable and may not be exchanged or redeemed for cash, except in Gerken's Organics' sole discretion. Gerken's Organics reserves the right to substitute the Prize with another prize of equal or greater value if the Prize is not available for any reason.
The winner of the Contest is solely responsible for all taxes, fees, and any other expenses associated with the acceptance and use of the Prize, including without limitation travel expenses to and from Mile High Stadium. By accepting the Prize, the winner agrees to release Gerken's Organics from any and all liability arising from their acceptance and use of the Prize.
The winner of the contest will be determined based on the rules outlined in these terms and conditions. The first person to accurately determine the correct number of sunflower seeds in the jar or closest to the correct number without going over will be declared the winner. In the event of a tie, the person to have submitted their entry first will be the winner.
The number of seeds in the jar will be announced live on June 30th at noon, and the winner will be notified by email and/or phone within 24 hours of the winner determination. The winner will be required to provide proof of identity and eligibility and must sign and return an affidavit of eligibility and liability/publicity release within 24 hours of notification.
If the winner is found to be ineligible, or if they fail to respond within the specified time period, an alternate winner may be selected based on the same criteria.
The decision of Gerken's Organics with respect to the selection of the winner and all other aspects of the contest shall be final and binding in all respects.
The contest will begin on June 1st, 2023, and end on July 10th, 2023, at 8:00 am MT.
Please note that all dates and times referenced in this provision are in Mountain Time.
The contest may also be terminated early if necessary, at the sole discretion of Gerken's Organics. In the event of an extension or early termination, notice will be provided on the website.
Gerken's Organics reserves the right to modify or cancel the contest at any time, without prior notice or liability to any participants. Such modifications or cancellations may include changes to the contest rules, the contest duration, or the prize(s) offered. Any changes will be posted on the website and will be effective immediately upon posting.
Participants agree to abide by all contest rules and the decisions of Gerken's Organics, which are final and binding in all respects.
All ticket entry fees are final and non-refundable. In the event that a participant withdraws from the contest or is disqualified for any reason, the participant will not be entitled to a refund of any entry fees. By submitting payment and entering the contest, participants acknowledge and accept this no refund policy.
In the unlikely event that Gerken's Organics cancels the contest before its conclusion, all entry fees will be refunded to participants.
Gerken's Organics reserves the right to refuse refunds in cases of suspected fraud, abuse, or any violation of these Terms and Conditions. Any refunds granted in such cases are solely at the discretion of Gerken's Organics.
PROHIBITION ON SHARING OF GUESSING ASSISTANCE
Participants are strictly prohibited from sharing or disclosing any math equations, formulas, algorithms, or any other information or assistance that may aid other participants in determining the correct number of seeds in the jar. Sharing such information is considered a violation of these Terms and Conditions and may result in disqualification from the contest.
Gerken's Organics reserves the right to monitor and investigate participant activities to ensure compliance with this provision. Any participant found to be in violation of this provision may have their entry disqualified and be ineligible to win the prize.
By entering the contest, participants acknowledge and agree to abide by this provision and understand the importance of fair play and equal opportunity for all participants.
DISCLAIMER OF LIABILITY.
By entering the contest, each entrant releases and holds harmless Gerken's Organics, its affiliates, and their respective officers, directors, employees, and agents from any and all liability for any injuries, loss, or damage of any kind arising from or in connection with the contest, including, but not limited to, any claims relating to the acceptance, receipt, or use of any prize. Gerken's Organics is not responsible for any incorrect or inaccurate information, technical malfunctions, human error, lost, delayed or garbled data or transmissions, or unauthorized human or non-human intervention, all of which will be resolved in Gerken's Organics' sole discretion.
The entrant further acknowledges that Gerken's Organics does not make any warranties or representations of any kind, express or implied, with respect to the contest or the prizes, and disclaims any and all implied warranties, including but not limited to, warranties of fitness for a particular purpose, merchantability, and non-infringement. Gerken's Organics does not assume any responsibility or liability for the accuracy or completeness of any information provided in connection with the contest, and the entrant agrees to rely solely on his or her own judgment and investigation.
The entrant agrees to indemnify, defend, and hold harmless Gerken's Organics, its affiliates, and their respective officers, directors, employees, and agents from any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or in connection with the entrant's participation in the contest or the entrant's breach of these Terms and Conditions.
At Gerken's Organics, we respect the intellectual property rights of others and expect our users to do the same. You hereby acknowledge and agree that all content, materials, and other components of the Contest, including but not limited to text, graphics, logos, designs, photographs, images, sounds, videos, software, and other intellectual property, are owned by Gerken's Organics or its licensors and are protected under applicable copyright, trademark, and other intellectual property laws.
You are strictly prohibited from using any content, materials, or other components of the Contest for any commercial or other unauthorized purpose without the prior written consent of Gerken's Organics. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the content, materials, or other components of the Contest except as expressly permitted in writing by Gerken's Organics.
You represent and warrant that you are the owner or authorized licensee of any content or materials submitted by you as part of your Entry and that such content or materials do not infringe upon the intellectual property rights of any third party. You agree to indemnify, defend, and hold Gerken's Organics harmless from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable attorneys' fees, arising out of or in connection with any third-party claim alleging infringement of intellectual property rights or other proprietary rights by your Entry or your use of the Contest.
You acknowledge and agree that any feedback, suggestions, or ideas you may provide to Gerken's Organics regarding the Contest or its services shall become the property of Gerken's Organics, and Gerken's Organics may use such feedback, suggestions, or ideas in any manner without any obligation to you.
By entering the contest, you agree to comply with all applicable laws, regulations, and these Terms and Conditions. You agree not to engage in any activity that may be considered illegal or that may be harmful to the reputation of Gerken's Organics or any other party involved in the contest. Specifically, you agree that you will not:
Use any automated means, including scripts or software, to participate in the contest or to collect or scrape information from the website;
Tamper with the contest or the website, including hacking, spoofing, or attacking the servers or security measures;
Misrepresent your identity, affiliation, or any other personal or contact information;
Post or transmit any content that is unlawful, threatening, defamatory, obscene, or otherwise objectionable;
Infringe upon any intellectual property rights or other proprietary rights of Gerken's Organics or any third party;
Interfere with the proper functioning of the contest, including by disrupting or manipulating the contest or the website or by attempting to circumvent the rules or restrictions of the contest;
Harass, intimidate, or otherwise harm any other participant or individual involved in the contest;
Attempt to gain unauthorized access to any account, database, or other system or network related to the contest or the website;
Engage in any other activity that may be considered illegal or inappropriate.
Any violation of these user conduct provisions may result in disqualification from the contest and/or legal action. Gerken's Organics reserves the right to investigate and prosecute any suspected violations of these provisions to the fullest extent of the law.
You agree to indemnify and hold harmless Gerken's Organics, its affiliates, subsidiaries, officers, directors, employees, agents, and third-party service providers from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with your participation in the contest, any violation by you of these terms and conditions, any content or materials you submit or provide to Gerken's Organics or its website, or your violation of any law or the rights of a third-party.
You agree to cooperate fully in the defense of any claim that is the subject of your obligations under this provision. Gerken's Organics reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will assist and cooperate with Gerken's Organics in asserting any available defenses.
This Agreement shall be governed by and construed in accordance with the laws of the State Colorado, without regard to its conflicts of law provisions. You agree that any legal action or proceeding arising out of or relating to this Agreement shall be brought exclusively in the state courts located in Colorado, and you hereby consent to the jurisdiction and venue of such courts.
You acknowledge that you have read this Agreement, understand it, and agree to be bound by its terms and conditions. You further agree that this Agreement constitutes the complete and exclusive statement of the agreement between you and Gerken's Organics regarding the use of the Website and the Contest, and that it supersedes any proposal or prior agreement, oral or written, and any other communication relating to the subject matter of this Agreement.
Any dispute arising out of or in connection with this contest, including any questions regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the rules of the American Arbitration Association in accordance with its Commercial Arbitration Rules and, in the case of consumer disputes, the Supplementary Procedures for Consumer-Related Disputes. The arbitration shall be conducted in the English language in the city of Denver, Colorado, USA. The decision of the arbitrator(s) shall be final and binding on all parties and may be entered and enforced in any court having jurisdiction thereof. Any claims must be brought individually and not as part of a class action, consolidated or representative proceeding. Notwithstanding the foregoing, Gerken's Organics reserves the right to seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information.
In summary, this provision outlines the process for resolving any disputes that may arise during the contest. The provision states that any disputes will be resolved through arbitration conducted in Denver, Colorado, USA under the rules of the American Arbitration Association. The decision of the arbitrator(s) will be final and binding, and may be enforced in any court having jurisdiction. The provision also specifies that any claims must be brought individually and not as part of a class action, consolidated or representative proceeding. Finally, the provision notes that Gerken's Organics reserves the right to seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information.
We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions at any time. If a revision is material we will make reasonable efforts to provide notice at least 30 days in advance of the effective date. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our website and participate in the Contest after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to participate in the Contest.
If any provision of these Terms and Conditions is deemed unlawful, void, or unenforceable for any reason by a court of competent jurisdiction, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity or enforceability of the remaining provisions. The invalid or unenforceable provision will be replaced by a valid, enforceable provision that comes closest to the intention underlying the invalid or unenforceable provision.
This provision is designed to ensure that if any provision of the Terms and Conditions is found to be illegal, invalid, or unenforceable, the remaining provisions will continue to be valid and enforceable. If a provision is found to be unenforceable, it will be replaced with a valid and enforceable provision that comes closest to the original intention of the provision. This provision is important to protect the enforceability of the Terms and Conditions in case any part is challenged in court.
This Agreement constitutes the entire agreement between you and Gerken's Organics with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between you and Gerken's Organics with respect to such subject matter. No modification or amendment to this Agreement shall be binding upon Gerken's Organics unless in writing and signed by an authorized representative of Gerken's Organics. Any terms or conditions contained in your purchase order or other ordering document that are inconsistent with or in addition to the terms and conditions of this Agreement are hereby rejected by Gerken's Organics and shall be deemed null and void. In the event of any conflict or inconsistency between the terms and conditions of this Agreement and any additional or different terms or conditions which may be contained in any document or agreement, the terms and conditions of this Agreement shall prevail.
The headings and subheadings in this Terms and Conditions document are inserted for reference and convenience purposes only and are not intended to be a part of or to affect the meaning or interpretation of this document. Any use of headings or subheadings in this document should not be construed as a limitation on the scope of the provisions that they describe. In the event of any inconsistency between any heading or subheading and the content of any provision in this document, the content of the provision shall control.
No waiver of any breach of these terms and conditions shall be deemed a waiver of any subsequent breach, whether of the same or similar nature. Any failure to enforce any provision of these terms and conditions shall not constitute a waiver thereof or of any other provision. Any waiver of any provision of these terms and conditions must be in writing and signed by an authorized representative of Gerken's Organics.
In the event that any provision of these terms and conditions is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
If you have any questions or concerns regarding these Terms and Conditions or the Contest, please contact us at firstname.lastname@example.org. We will make reasonable efforts to respond promptly to all inquiries, but we cannot guarantee a response time. You acknowledge that we have the right, but not the obligation, to monitor any communication service that we provide on the Website, and that we may use any information, ideas, concepts, or materials submitted by you for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Any such use will be without compensation to you.
This provision informs users that they can contact the company if they have any questions or concerns about the Terms and Conditions or the Contest. It also states that the company has the right to monitor any communication services provided on the website and use any information submitted by users without compensation.