Vista Gardens Memory Care Like and Comment Contest Terms and Conditions

NO PURCHASE NECESSARY TO ENTER OR WIN.  A PURCHASE FROM SPONSOR DOES NOT INCREASE YOUR CHANCES OF WINNING. THIS CONTEST IS VOID WHERE PROHIBITED BY LAW. 

The "Vista Gardens Memory Care Like and Comment" Contest ("Contest") is designed to give participants a chance to win a family portrait photoshoot held at Vista Gardens Memory Care facility by liking and commenting on the contest graphic post. The one winner will have their family portrait by a photographer chosen by the Sponsor taken with their Vista Garden’s resident and family at Vista Gardens’ expense as well as the announcement of winning on their website (https://www.vistagardensmemorycare.com/), Facebook, and Instagram pages.

By participating in this Contest, Entrants agree to be bound by these Official Rules and to Sponsor's decisions, which are final and binding on all matters relating to the Contest. The Contest’s period begins at 12:01 a.m. P.S.T. on December 1, 2019, and ends at 11:59 p.m. P.S.T. on December 31, 2019. The Sponsor of this Contest is Vista Gardens Memory Care, 1863 Devon Place, Vista, California 92084. The Contest will operate as described below, on or about the stated dates:

  • (12/1/19 – 12/31/19): Likes and comments are submitted according to the "How to Enter" description in Section 2 of the Official Rules.
  • Choosing Period: (1/1/20 – 1/5/20): Likes and comments will be viewed by the Guest Services Marketing Department Team. They will randomly select One Grand Prize Winner according to the criteria described in Section 5 of the Official Rules.

1) ELIGIBILITY: Contest is open to entrants ("Entrants") who are legal residents of the 50 United States and Washington, D.C., except where this contest is prohibited by law. Entrants must have Internet access as of the date of submission. Employees, officers, and directors of Sponsor, members of their immediate families, and those living in the same household are ineligible. Each Entrant must be the rightful owner of the E-mail address registered with the social media account used. In the event of a dispute as to the identity of a winner, the winner will be deemed to be the natural person in whose name the e-mail account is registered with social media account used to like and comment on the post. Entry constitutes Entrant's certification that he/she meets the eligibility requirements outlined in these official rules. Sponsor reserves the right to verify eligibility of any potential winner. Winning a prize is contingent upon fulfilling all requirements set forth herein.

2) HOW TO ENTER: To enter, sign in to Facebook and/or Instagram, and like and comment on the Vista Garden’s social media contest graphic uploaded onto the platforms on/around December 1, 2019. Only those likes and comments on that specific post will be eligible for the Grand Prize. If you do not already have a Facebook or Instagram account, you will be required to create one.

Then go to the December 1, 2019, social media graphic post on Vista Garden’s Memory Care’s Facebook and Instagram. Entrants under age 18 (minors) need parental permission to enter the contest. Only likes/comments on that post are counted as entries.

All Submissions must be received by the designated submission period of the contest. The sponsor is not responsible for late or unsuccessful attempts to enter. Sponsor reserves the right to allow for minor fluctuations between the Entrant's timing device and the actual runtime of the Submission on the Contest Homepage, based on clear intent to comply with the Official Rules, as determined in the Sponsor's sole discretion. Incomplete, corrupted, untimely, or unintelligible entries will be disqualified (one person must like and comment on post). If for any reason, an Entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Entrant's sole remedy is another entry in the Contest, Sponsor reserves the right to determine in its sole discretion which entries have satisfied the entry requirements. ELIGIBLE ENTRANTS MUST SUBMIT EACH ENTRY IN ACCORDANCE WITH THESE OFFICIAL RULES. NO OTHER METHOD OF SUBMISSION WILL BE ACCEPTED.

By entering, each Entrant represents and warrants that his or her entry (and Sponsor's and its designees' use thereof) does not and will not defame or otherwise violate the rights of any third party and does not and will not violate any federal, state, or local laws or ordinances. Sponsor reserves the right in its sole discretion to disqualify any entry that it believes violates any of the Submission Requirements, does not otherwise comply with these Official Rules, or that is not consistent with the spirit and theme of the Contest.

3) WINNER NOTIFICATION AND ANNOUNCEMENT: The one potential Grand Prize Winner, as determined in their sole and absolute discretion by the Judges, will be notified by Facebook and/or Instagram account used to like and comment on the post on or about January 6, 2020, and will be required to respond (as directed) to the notification attempt. The failure to respond timely (within two calendar days) to the notification may result in forfeiture of participation in the Contest and, in such case, Sponsor will select an alternate Grand Prize Winner according to the Judges' results. The potential Grand Prize Winner will be required to respond to the Sponsor within a reasonable amount of time, as determined by the Sponsor in its sole discretion. If a potential Grand Prize Winner cannot be contacted by social media account after the first attempt to contact him or her, or if he or she fails to respond within the required time period (if applicable), the potential Grand Prize Winner will be disqualified and an alternate entry will be selected in his or her place from all eligible entries received according to the judging criteria described above. To find the name of the one Grand Prize Winner, contact Stephanie Morgan, Sales and Marketing Director, at smorgan@vistagardensmc.com or Leah Shakarjian Wallis, Community Relations, at lshakarjian@vistagardensmc.com after January 7, 2020.

4) PRIZES: ONE (1) Grand Prize: One Grand Prize winner of the Submission Period ( "Grand Prize Winner" or "Winner"), will get a family portrait photoshoot held on Vista Gardens Memory Care property.  Odds of winning will depend on the number of eligible entries received. In no event will more than one (1) Grand Prize be awarded. Estimated value of prize is approximately $200.00. The photoshoot must be taken during January 2020-February 2020 by the Sponsor’s chosen/approved photographer.

Prize Restrictions: Winner cannot assign or transfer the prize to another person. No prize substitution or changes are allowed except at the discretion of Sponsor. Prize cannot be substituted or redeemed for cash. If prizes are awarded but unclaimed/forfeited by recipient, prize may not be re-awarded in Sponsor's sole discretion. Other restrictions may apply. Prize is provided "as is" without warranty of any kind. Winner is responsible for any loss of prize, or portion of prize, after it has been delivered.

5) RIGHTS IN SUBMISSIONS: Each Entrant agrees and acknowledges that participation in the Contest, including, without limitation, the Entrant's decision to provide the Entrant's submission to Sponsor for purposes of the Contest, shall not give rise to any confidential, fiduciary, implied-in-fact, implied-in-law, or other special relationship between Sponsor and Entrant, does not place the Sponsor in a position that is any different from the position held by members of the general public with regard to elements of the Entrant's submission, and that the only contracts, express or implied, between the Sponsor and Entrant are as set forth in these Official Rules and the release forms. In addition, by participating in the Contest and liking and commenting on the post, each Entrant hereby grants permission (except where prohibited by law) for the Sponsor to use Entrant's name, likeness, voice, quotes, comments, biographical information, photographs from photoshoot prize and/or image for the purpose of advertising, trade, or promotion without further notice, permission, compensation or consideration in any and all media now known or hereafter developed throughout the universe, unless prohibited by law. Except as required by law or permitted pursuant to these Contest Official Rules, the Sponsor will not share an Entrant's information with any third parties.

6) NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each Entrant understands and acknowledges that the Sponsor has wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each Entrant acknowledges and agrees that such Entrant will not be entitled to any compensation as a result of Sponsor's use of any such similar or identical material.

7) RIGHTS OF SPONSOR / DISCLAIMER OF LIABILITY: Sponsor reserves the right, in their sole discretion, to terminate the Contest for any reason in the event that there is an error, malfunction, problem or other cause which impacts the operation, administration or security of the Contest or the Sponsor and, in such situation, to select the winner(s) from the eligible Entries received prior to the action taken or in such manner as deemed fair and appropriate by Sponsor. The opinions expressed in the comments are not necessarily (and in some cases not at all) those of the Sponsor. The Sponsor is not responsible for any materials provided by Entrants which are deemed harmful or offensive to others or for any harm incurred as a result of the comments. The Sponsor makes no warranties, express or implied, as to the content or the accuracy or reliability of any information or statements contained in the comments. All statements and opinions made by Entrants are those of such Entrants only, and the Sponsor neither endorses nor shall be held responsible for the reliability or accuracy of same. This site may also be linked to websites operated by companies affiliated with Sponsor. Visitors to those sites should refer to each site's separate privacy policies and practices.

8) INDEMNITY: The Contest may also be promoted by a third party or parties (each a "Promotional Partner," collectively "Promotional Partners"). Entrant shall indemnify and hold harmless the Sponsor, any Promotional Partners, and each of their respective parents, affiliates, successors, assigns and licensees, and each of their respective employees, shareholders, officers, directors, agents and representatives from and against any and all liability, claims, loss, damage, injury or expense, including reasonable attorneys' fees, arising in connection with any third party action arising out of a breach or allegation which if true would constitute a breach, of any of Entrant's representations, warranties or obligations herein.

9) RELEASE AND LIMITATION OF LIABILITY: By participating, each Entrant agrees that the Sponsor,  and each of it’s respective agents, representatives, parent companies, affiliates, subsidiaries and legal advisers, and each of their respective employees, shareholders, officers, and directors ("Released Parties") are not responsible or liable for, and shall be released and held harmless from: (i) late, lost, delayed, damaged, incomplete, illegible, unintelligible, misdirected or otherwise undeliverable mail, postage-due notices, release forms, affidavits or other correspondence; (ii) telephone, electronic, hardware or software program, network, Internet or computer malfunctions, failures, or difficulties of any kind; (iii) any condition caused by events beyond the control of the Sponsor that may cause the Contest to be disrupted or corrupted; (iv) any printing, human, typographical or other errors or ambiguities in (or involving) any materials associated with the Contest; (v) any and all losses, damages, rights, claims and action of any kind in connection with or resulting from participation in the Contest; (vi) acceptance, possession, or use of any prize, including without limitation, personal injury, death and property damage arising there from; and (vii) claims based on publicity rights, defamation or invasion of privacy. Sponsor reserves the right, in its sole discretion, to suspend or cancel the Contest at any time for any reason, including, without limitation, if a computer virus, bug or other technical problem corrupts the administration, security, or proper conduct of the Contest, strikes, lock-outs, acts of God, technical difficulties, and other events not within the reasonable control of Sponsor.

BY PARTICIPATING IN THIS CONTEST, ENTRANTS AGREE THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES, OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE, ENTRY OR PARTICIPATION IN THIS CONTEST OR IN ANY CONTEST-RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO TRAVEL CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM.

WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS PROMOTION, INCLUDING THE CONTEST HOMEPAGE AND ALL PRIZES, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS

10) GENERAL TERMS AND CONDITIONS: California law governs this Contest. All issues and questions concerning the construction, validity, interpretation and enforceability of the Contest, or the rights and obligations of Entrants and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of California, without giving effect to any choice of law or conflict of law rules or provisions (whether of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than California. In the event of a claim or dispute, Entrants' sole remedy shall be limited to their remedy at law for damages, if any, and Entrants shall not have the right to in any way enjoin or restrain the distribution, advertising, publicizing or other exploitation (in any form of media) of the Contest Homepage, the Contest, and/or any intellectual property owned or licensed by the Sponsor or their respective parent companies, subsidiaries, member stations, and affiliated entities. Sponsor reserves the right, at its sole discretion, to prohibit any Entrant from participating in the Contest or to disqualify any individual it finds, in its sole determination, to be tampering with the entry process or the operation of the Contest; to be attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or any other unfair playing practices; to be acting in violation of the Official Rules; or to be acting in a disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Sponsor may suspend or discontinue the Contest if, in its sole opinion, there is any actual or suspected tampering of the Contest, or any other malfunction, event or activity that may affect the integrity of the Contest. SPONSOR SHALL NOT BE OBLIGATED TO AWARD ANY PRIZE THAT RELATES TO OR ARISES OUT OF IMPROPER OR MISTAKEN PRIZE NOTIFICATION, OPERATION OR FUNCTION OF THIS CONTEST.

11) PRIVACY POLICY: Any personal information supplied by you to Vista Gardens Memory Care will be subject to Vista Gardens Memory Care privacy policy posted at https://www.vistagardensmemorycare.com/senior-living/ca/vista/privacy-policy. By entering the Contest, you grant Vista Gardens permission to share your social media account and any other personally identifiable information with Vista Gardens Memory Care Marketing Team or with any co-sponsor solely for the purpose of administration and prize fulfillment. Vista Gardens Memory Care will not sell, rent, transfer or otherwise disclose your personal data to any third party other than as described above herein or in the privacy policy.

12) SPONSOR: Vista Gardens Memory Care, 1863 Devon Place, Vista, California 92084 is a memory care facility for senior citizens.  More information about Vista Gardens Memory Care is available at https://www.vistagardensmemorycare.com/.