Sweetwater Water Garden Giveaway Promotion

Official Rules

1. NO PURCHASE NECESSARY.

2. Promotion Description. The Sweetwater Water Garden Giveaway (the “Promotion”) is a sweepstakes promotion in which entrants who attend the Sonoma County Home and Garden Show (the "home show") and fill out an entry form ("Entry") at the Sweetwater Landscape booth (the "Sweetwater Booth") will be eligible to win one (1) prize ("Grand Prize") consisting of one (1) free Water Garden of your choice, valued up to USD $5,000.00.

   For the randomly picked entry, one (1) lucky winner ("Winner") will win the Grand Prize.

   This promotion is only valued to residents within Sweetwater's service area ("Service Area").

3. How To Enter. You must apply to be entered into the Promotion by: 1) attending the home show and filling out an Entry at the Sweetwater booth; or 2) a free alternative means of entry by completing an online entry form available at http://www.getpond.com/promotions/giveaway/entryform/ (the "Promotion Web Site") (an entry at the home show or free online entry will be deemed an “Entry(ies)”). Entries are limited to one (1) entry per person, per day. The Promotion begins following the beginning of the home show on March 20^th, 2009 and ends at 6pm PST on March 22^nd, 2009 ("End Date"). Only Entries submitted in this time period will be accepted.

4. Eligibility. In order to be eligible, entrants must be 18 years of age or older, and a legal resident of the Service Area. Entrants under 18 are prohibited to enter the Promotion. Entries are limited to individual consumers only; commercial enterprises and business entities are not eligible. To participate, entrants must: 1) attend the home show or, if submitting an entry via the Promotion Web Site, have a computer with Internet access; and 2) submit an Entry.

5. Free Online Entries. The authorized account holder of the email address used on the online form to enter will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the address. Potential winners may be required to show proof that they are the authorized account holder or the entrant. The use of any automated launching or entry software or any other mechanical or electronic means that permits the entrant to automatically enter repeatedly or in excess of one (1) Entry per day, per person is prohibited. Mechanically generated entries will be discarded and may result in total and permanent disqualification from the Promotion and any future promotions.

6. How You Win. Winners will be determined by a random drawing. One (1) Grand Prize will be awarded for the chosen Entry. Each entrant’s chances of winning are dependent upon the number of Entries received. Each entrant is eligible to win only one (1) Grand Prize.

7. Notification. Sweetwater will notify winners by email, and/or by phone, and/or by post at the address provided within thirty (30) days following selection of each winner. Sweetwater is not responsible for any delay or failure to receive notification for any reason, including inactive email account(s), technical difficulties associated therewith, or winner’s failure to adequately monitor any email account or physical address. The winner must then respond to Sweetwater within ten (10) days. Should the winner fail to respond to Sweetwater or be disqualified, Sweetwater reserves the right to select a new, replacement winner. The replacement winner will be determined at random. Unclaimed prizes will not be awarded. The winners will be listed online at http://www.getpond.com/ within six months (6) months following the End Date. Individuals may request the name of the winner by submitting a self-addressed, stamped envelope before July 31, 2009 to: Sweetwater Water Garden Homeshow Promotion, 6093 Anderson Road, Forestville, California, 95436, United States. By participating, you agree to Sweetwater's inclusion of your name, and the city or town and country of your residence on such list if you are a winner.

8. Affidavit; Publicity Release. The Winner may be asked to sign an affidavit of eligibility and publicity release that will allow Sweetwater to use the winner’s name, photography, likeness, voice, prize information, and biographical information for publicity and promotional purposes without further compensation where permitted by law. By accepting any prize, the Winner consents to (i) being interviewed about the Grand Prize, or any other products or services of Sweetwater Landscape or its affiliates and (ii) use of his or her name, likeness and any statements, quotes or testimonials for publicity, advertising and other promotional purposes without further compensation, except where prohibited by law.

9. Taxes. All taxes associated with the receipt or use of the prizes are the responsibility of the Winner. Prizes are not transferable. No substitutions (including for cash) are permitted, but Sweetwater reserves the right to substitute a prize of equal or greater monetary value to the prizes if for any reason any prize cannot be awarded as contemplated in these rules.

10. Conditions of Participation. By submitting an Entry for this Promotion, you agree to abide by these rules, and any decision Sweetwater makes regarding this Promotion. Sweetwater reserves the right to disqualify from the Promotion, and any future contest or other promotion conducted by Sweetwater, and to take such other action as may be appropriate, any entrant or winner who, in Sweetwater’s reasonable suspicion, tampers with Sweetwater’s web site, the entry process, intentionally submits mechanical entries, violates these rules, or acts in an unsportsmanlike or disruptive manner.

11. Disclaimer and Limitation of Liability. SWEETWATER MAKES AND GIVES NO REPRESENTATIONS, CONDITIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE PROMOTION OR ANY PRIZE OR ANY ENTRANT’S PARTICIPATION IN THE PROMOTION. SWEETWATER SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, COST, OR INJURY THAT ARISES FROM, ANY OCCURRENCE, EVENT OR CONDITION OUTSIDE SWEETWATER’S REASONABLE CONTROL THAT MAY AFFECT THE PROMOTION OR CAUSE THE PROMOTION TO BE DISRUPTED, SUSPENDED OR CORRUPTED, INCLUDING: (I) LATE, LOST, DELAYED, DAMAGED, MISDIRECTED, INCOMPLETE, OR UNINTELLIGIBLE ENTRIES; (II) TELEPHONE, ELECTRONIC, HARDWARE OR SOFTWARE PROGRAM, NETWORK, INTERNET, OR COMPUTER MALFUNCTIONS, FAILURES, VIRUSES OR DIFFICULTIES OF ANY KIND; (III) FAILED, INCOMPLETE, GARBLED, OR DELAYED COMPUTER TRANSMISSIONS; AND (IV) THE DOWNLOADING OF ANY MATERIAL IN CONNECTION WITH THIS PROMOTION. SWEETWATER RESERVES THE RIGHT, IN ITS SOLE DISCRETION AND WITHOUT PRIOR NOTICE, TO SUSPEND OR CANCEL THE PROMOTION OR ALTER THE RULES IF AT ANY TIME A COMPUTER VIRUS, TECHNICAL PROBLEM, OR OTHER UNFORESEEABLE OCCURRENCE, EVENT OR CONDITION ALTERS OR CORRUPTS THE ADMINISTRATION OF THE PROMOTION.

12. Release. BY ENTERING THE PROMOTION, EACH ENTRANT RELEASES AND AGREES TO HOLD HARMLESS SWEETWATER, ITS EMPLOYEES AND AGENTS FROM ANY LIABILITY WHATSOEVER FOR ANY CLAIMS, COSTS, LOSSES OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, THOSE RELATED TO PERSONAL INJURY, DEATH, DAMAGE TO PROPERTY, INFRINGEMENT OF PROPRIETARY RIGHTS, RIGHTS OF PUBLICITY OR PRIVACY OR DEFAMATION), ARISING OUT OF OR IN CONNECTION WITH: (I) ENTERING THE PROMOTION; (II) ACCEPTANCE OR USE OF ANY PRIZE; OR (III) OTHERWISE ARISING OUT OF OR RELATING TO THE PROMOTION.

13. Privacy and Use of Promotion Information. Any personal information received by Sweetwater in connection with this Promotion will be used solely in accordance with Sweetwater’s privacy policy, which can be found at http://www.getpond.com/passion/legal.

14. Governing Law. These Rules and this Promotion are governed by and controlled by the laws of the State of California, applicable to contracts made and performed therein without reference to the applicable choice of law provisions. All actions, proceedings or litigation relating hereto will be instituted and prosecuted solely within the State of California, Sonoma County. The parties consent to the jurisdiction of the state courts of California and the federal courts located with such state and county with respect to any action, dispute or other matter pertaining to or arising out of this Promotion. This Promotion is subject to all applicable laws. Void where prohibited.

15. Promoter. The promoter of this Promotion is Sweetwater Landscape, 6093 Anderson Road, Forestville, CA 95436 (“Sweetwater”). All questions regarding this Promotion should be directed by email to Sweetwater Customer Relations.