• Best walkway, pathway, or patio using STEPABLES®
  Plants can be used solely as the pathway or can be planted between cracks, stones, or any other hardscaping material to create an area to pass through.
  
• Best Water-Wise Stepscape
  Use of STEPABLE® plants in and around landscape area that showcases little-to-low water usage. A beautiful garden can be created by using colorful textures and “water-smart” plantings to create a water efficient landscape.
  
• Best Hillside/Slope using STEPABLES®
  Best use of STEPABLE® plant material to hold soil on hillside or slope.
  Proper plant selection and grading can enhance any problematic hillside to give character and enhance overall beauty to the area.

Contest Timeframe: Contest begins March 1, 2008, 12:00:01 AM Eastern Time and ends September 15, 2008, 11:59:59 PM Eastern Time.

Contest Rules:

Contest Eligibility:
For U.S citizens only. Contest is open to any person or persons wanting to submit entry. All entries will be accepted from any singular group or person. There is no age requirement. Employees of Under A Foot Plant Company, any affiliate of Under A Foot Plant Company, any of their advertising or promotional agencies, any garden center personnel, landscape professional, landscape contractor or landscape architect or any provider of any prize offered in this contest or any business or entity involved in the development, production, implementation, administration or fulfillment of this contest, and their immediate family members (meaning spouses, parents, siblings and children living in the same household) are not eligible to enter or win.
Subject to all federal, state, and local laws and regulations. Void where prohibited

Landscape Specifics:
The same landscape may be submitted for one or more categories of contest, however only one of those specific entries will be eligible to win. Entry landscapes must be applicant’s physical address and cannot have been designed, or constructed by landscape professionals in any manner. UAFPC reserves the right to disqualify any entry that has been professionally designed or installed.
Tags must be present (near location in photo) or proof of purchase may be required. STEPABLE® plants must be clearly used in application, not just as an accent.

Enter Contest:
Entry form is only available at www.stepables.com.
Mail the registration form (found on www.stepables.com) to: Under A Foot Plant Company 4742 Liberty Rd S. #347 Salem, OR 97302-5000 OR Go to http://www.STEPABLES.com and click onto the ENTER link. Complete all requested information. Following registration, (which is free), you will be directed to submit your photo(s) via email in the form of JPEG, JPG, PNG, BMP or GIF format or send them to UAFPC by mail to the above address.
Entries for each category must be received no later than 11:59 PM Eastern Time on September 15, 2007, when the Contest ends.

Entries must designate name of the proposed local charity at time of registration. Charity
must be a 501(c) (3) charitable organization.

Entry with the highest total points wins.

Entries without all of the required blanks completed will be disqualified. All late, lost, or incomplete entries are not considered valid entries. Any form of entry, other than as specified in these rules (including but not limited to automated, copied, third-party or mechanically reproduced entries) is prohibited and will be disqualified. By participating in the contest, entrants agree to all of the terms and conditions of the privacy policies of UAFPC. By entering you agree to be bound by these official rules and the decisions of Under A Foot Plant Company which will be final and binding in all respects. The official rules will be posted at the contest website throughout the contest.

Photo Submission and Criteria:
By submitting your photo(s) ("Content"), either by mail to UAFPC (“Company”) or uploading your photo to www.STEPABLES.com, (the "Site"), you represent that the Content is your own and that the images put forth as entries are not digitally manipulated in any way. You represent that you have the full rights to upload/mail your Content and that uploading/mailing your Content to this Site will not violate or infringe the rights of any third person, including but not limited to, rights in copyrights, patents, trademarks, trade secrets or other proprietary rights. You are solely responsible for complying with the laws of the jurisdiction in which you reside and will hold UAFPC harmless from any liability arising from your participation in the Contest. You further represent that you will not upload any Content that is defamatory, obscene, in violation of any law, or contains any viruses, "worms", "Trojan horses" or any other harmful or destructive properties. UAFPC may remove or reject any submissions for any reason. By submitting Content, you grant to UAFPC and affiliates (collectively the "Company"), a perpetual, royalty-free, non-exclusive, worldwide license to (i) electronically publish and distribute the Content, including the right to translate and electronically publish and distribute the Content to other Internet sites under license, contract or common ownership with the Company; (ii) include the Content in advertising and promotion; (iii) to include the Content in print and non-print products.

Limit
There is a limit of one prize per landscape. Each entry must be emailed/mailed separately along with a separate registration form. Entry must be applicant’s physical address and you must have the permission of any person used as a subject in the photo. Photo(s) can be taken by any type of camera. Photos submitted digitally are required to be in: JPEG, JPG, PNG, BMP, GIF format. NOTE: Files bigger than 4Mb in size may be rejected from our server and may need to be scaled down in order to transmit. Photos submitted by mail can be on a standard CD or printed on photo paper size no bigger than 5”x7”. As stated above in rule #7a, by submitting a photo you agree that your photo may be posted on the contest website, but UAFPC is not obligated to post your photo on its website.
Each Contestant may enter one or all three categories of contest with the same photo, however the entry will be eligible for only one category to win. Each contestant may send two photos of each entry, up to six (6) photographs total. Group entries must submit under one email address.. Any attempt by any Contestant to obtain more than the stated number of photograph entries by using multiple/different email addresses, physical home addresses, identities, registrations and logins, or any other methods will void that Contestant's entries and that Contestant may be disqualified.
Photo(s) must be original, non-professional, and must not have been previously published or won any previous award, and must not contain any material that would infringe upon third party rights if used in advertising. Entries may be disqualified if photo(s) contain materials trademarked, copyrighted, used or submitted elsewhere, or any obscene, defamatory or other offensive or inappropriate material. UAFPC reserves the right to disqualify any entries which UAFPC, at its sole discretion, determines to be inconsistent with its corporate standards, reputation or consumer expectations. No responsibility is assumed for lost, late, stolen or misdirected mail or entries or any failure or unavailability of hardware, software, electronic communications or Internet uploading or other connections. If integrity of Contest is compromised in any manner, UAFPC reserves the right to modify Contest and judge entries received that are unaffected by the problem. Submissions void if incomplete, not legible, or if they contain errors or do not comply with all requirements in these rules.

Judging Winner Selection: Judging will be conducted at the end of this contest. Winners will be selected by a panel of judges using the following criteria:
Scoring to determine winner of each category:
100 points overall:
30 points: Execution of STEPscape contest category.
30 points: Creativity in use of materials, color composition, shape and overall design.
10 points: Coverage with STEPABLE® plant material. Plants must be completely filled in to receive all 10 points.
10 points: Use of STEPABLE® plant material for zone and application requirements.
20 points: Area must consist of STEPABLE® plants. Tags must be present (near location in photo) and/or proof of purchase is required. STEPABLE® plants must be clearly used in application, not just as an accent.

Prizes:
Each category winner will receive:
* $500.00 will be donated by Under A Foot Plant Company to the winner’s designated local charity of choice.
* $250.00 Winner can choose between a Super Dining Certificate good at over 30 restaurant locations around the U.S. or a Great American Days Certificate where there are hundreds of entertainment choices to select, including but not limited to: hot air balloon rides, horseback riding, massage, kayaking, skydiving and more.
* $250.00 Gift certificate good at any participating Authorized STEPABLES® Dealer (garden center) and a We’ve Got Sole™ T-Shirt.

Notification of winners: All winners will be notified by phone call on November 1st, 2008

Disqualification of entries and winner:
Disqualification and the selection of an alternate winner may result from any of the following:
[1] potential winner's failure to respond to notification within five (5) days after its
mailing/notification/phone call of award winning; [2] potential winner's failure to designate a
501 (c ) (3) Charity [3] Submission of false or inaccurate information and [4] any other noncompliance
with contest rules.

Copyright Transfer and Release:
All digital photos and written documents submitted as entries, including the copyrights thereto, become the property of Under A Foot Plant Company. No entries will be returned. All images and written materials can be used or destroyed by UAFPC as it deems appropriate, including, but not limited to, use for marketing purposes in catalogs, websites, magazines, etc. ALL Entries must be accompanied by a completed on-line entry form/registration to be a valid entry.
The participants hereby acknowledge and agree that UAFPC and its authorized agents may use the Entry and make derivative works of the Entry, including the right to reproduce the same, in connection with the reproduction, distribution, public display, publication, republication and modification of the Entry, whether in whole or in part (including, without limitation, use in connection with UAFPC’s promotional materials (such as UAFPC’s website and advertising),
with or without the Winner’s name, photo, likeness and biographical information, subject to applicable law, and without the further consent of , or compensation to, the winner and/or any person who participates in the Entry. The participants agree to perform all duties and execute all documents necessary to effect formal transfer of the copyrights, if necessary.

Conditions: By accepting a prize/ or entering this photo contest, all participants must agree to the terms and conditions below:
• Participate in promotional events which would include, but are not limited to, having the winning photograph showcased in publications or other industry events.
• Participate in press and/or analyst activities (interviews, panels, etc.) and following the
contest, whether via telephone or in person.
• Allow UAFPC to use participant's name, likeness, trademarks, or company logos on
presentation slides and other marketing materials.

Forfeit of Prize: If a selected Winner cannot be contacted by the telephone number or e-mail address listed in his/her registration, or fails to designate a charitable organization in accordance with the Contest Rules listed above, then Under A Foot Plant Co. may, in its sole discretion, deem such Prize forfeited, and select another winner.

Release/Indemnity: EACH PARTICIPANT EXPRESSLY RELEASES, INDEMNIFIES, ANDHOLDS HARMLESS UNDER A FOOT PLANT CO., ITS EMPLOYEES, AGENTS,REPRESENTATIVES, DIRECTORS, OFFICERS, SHAREHOLDERS, ATTORNEYS, AFFILIATES, DESIGNEES, LICENSEES, ASSIGNEES, AND ASSOCIATES FROM ANDAGAINST ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS, CAUSES OF ACTION, AND ACTIONS OF ANY KIND OR CHARACTER IN CONNECTION WITH, ARISING OUT OF, OR RESULTING FROM THE CONTEST OR THE PRIZE, USE OR COPYING OR OTHER EXPLOITATION OF SUCH PARTICIPANT'S ENTRY MATERIALS
BY UNDER A FOOT PLANT CO. OR THEIR LICENSEES, ACCEPTANCE OF THE PRIZE (BY THE CHARITY), OR ANY DISSATISFACTION WITH THE PRIZE, INCLUDING, BUT NOT LIMITED TO, SUCH CLAIMS BASED IN DEFAMATION, COPYRIGHT, TRADEMARK, FALSE LIGHT, INVASION OF PRIVACY, OTHER TORT, PROPERTY DAMAGE, AND PUBLICITY OR PERSONALITY RIGHTS. UNDER A FOOT PLANT CO. PROVIDES THIS CONTEST TO PARTICIPANTS "AS IS" WITHOUT ANY WARRANTY WHATSOEVER, NEITHER EXPRESS NOR IMPLIED. UNDER A FOOT PLANT CO. EXPRESSLY DISCLAIMS ANY SUCH WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTY OF MERCHANTABILITY, WARRANTY FOR A SPECIFIC USE OR PURPOSE AND WARRANTY OF NON- INFRINGEMENT. WINNER SHALL NOT BE ENTITLED TO EXCHANGE ANY PORTION OF THE PRIZE FOR A NEW PRIZE.

No participant/Winner Assignment: Neither Participant, nor any Winner may assign any rights under these Rules, or any benefit conferred hereby, without the express written consent of Under A Foot Plant Company. In its sole discretion, Under a Foot Plant Company may assign any portion or all of its rights or delegate any portion or all of its duties hereunder.

Amendment:
Under A Foot Plant Company reserves the right to interpret these Rules and, if necessary, to amend the Rules at its sole discretion and without notice to individual Participants. Any amendments to the Rules or change in Prizes will be published online at the
www.STEPABLES.com. Rule interpretations and all voting decisions are final (except to the extent Under A Foot Plant Company modifies such decisions based on evidence of fraud or a Participant's breach of these Rules).

Choice of Law/Forum Selection:
The Contest and these Rules shall be governed by and interpreted in accordance with the
domestic laws of the State of Oregon applicable to contracts and contests made and performed solely in Oregon, without regard to conflict of law principles. Any action related to, to enforce, construe, or interpret these Rules or the Contest shall be commenced in and adjudicated by a state court in the State of Oregon, Marion County, or United States Federal District Courts in Oregon, which courts shall constitute the exclusive respective state and federal venue for such action.

Full Integration:
These Rules constitute the entire agreement between Under A Foot Plant Co. and any Participant related to the subject matter discussed above. No prior or contemporaneous written or oral representation, negotiation, or agreement form a part of these Rules, and these Rules supersede all prior oral or written agreements, negotiations, or representations by or among any Participant, on the one hand, and Under A Foot Plant Co., on the other hand, relating to the subject matter of these Rules.

Payment of Taxes:
The Winner hereby acknowledges and agrees that he/she shall pay, when and as due, any and all taxes (including federal, state, franchise, local, Medicaid and social security) incurred as a result of Under A Foot Plant Company’s donation of $500.00 to a charity of the Winner's choice. Being selected as a winner may have tax consequences to the Winner. Winner should consult with a tax professional regarding these consequences. Each Participant understands and acknowledges that Under A Foot plant Co. will not withhold any taxes or compensation due the IRS nor any other agency on behalf of a Winner. Each Winner will indemnify and hold harmless Under A Foot Plant Co. for any claims, losses, costs, fees, liabilities, damages, or injuries suffered by Under A Foot Plant Co. arising out of a Winner's breach of this section.

Severability:
If any provision of these Rules or the application thereof to any person or circumstance shall be invalid, illegal or unenforceable to any extent, the remainder of these Rules and the application thereof shall not be affected and shall be enforceable to the fullest extent permitted by law.

Mandatory Arbitration:
The parties acknowledge and agree that arbitration is more cost efficient and expedient than litigation. Accordingly, except with respect to disputes related to a Participant's breach of Sections above, any dispute between Participants and Under A Foot Plant Co. shall be subject to arbitration in accordance with the rules of the American Arbitration Association. Such arbitration shall occur in Portland, Oregon before a sole arbitrator. With respect to such arbitration, the Participant and Under A Foot Plant Co. each agree that the parties may take formal discovery. By agreeing to arbitration, each party acknowledges that its right to trial by jury has now and been forever waived with respect to any action or proceeding based upon, arising out of, or in relation to the Contest and these Rules including any acts or omissions of Under A Foot Plant Co. whether arising in contract, tort, or otherwise and whether or not involving an action to rescind or disavow these Rules

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