Think Spring Official Contest Rules By Troy-Bilt®

Troy-Bilt® Think Spring Contest Summary

Corporate Sponsor and Facilitator: MTD Products Company (hereinafter 'Sponsor') Troy-Bilt® is a registered trademark of MTD Products Inc, used with permission by MTD Products Company in connection with the Troy-Bilt Think Spring Contest.

Geographic Region: Continental United States Minimum Age of each Contestant: 18 years of age

Contest Period: March 20, 2014 @ 12:01 PM (EST) -  April 14, 2014 @ 11:59 PM (EST)

Number of entries per person per Contest Period: A maximum of five (5) Entries may be submitted per person per Contest Period.

How Winners will be chosen: Winners will be chosen based on Judging Criteria and online popular vote;

Contest Prizes (ERV)

  • One (1) Grand Prize Winner ($1000.00 USD)
  • One (1) Runner-Up Winner ($600.00 USD)
  • Two (2) Semi-Finalist Winners ($400.00 USD)
  • Four (4) Honorable Mentions ($200.00 USD)
  • Total ERV: $3,200 USD

Contest Award Date: April 15, 2014

Contest Requirements: Submit a photo story as described within the Official Rules set forth below about your beautiful yard, garden, or outdoor project completed with the help of your Troy-Bilt products or equipment.

Official Contest Rules (“Official Rules”)

THIS PROMOTION IS INTENDED FOR PARTICIPATION ONLY BY RESIDENTS OF THE CONTINENTAL UNITED STATES AND D.C. ("U.S.") AND SHALL BE CONSTRUED ACCORDING TO, AND GOVERNED EXCLUSIVELY BY OHIO LAW. DO NOT PARTICIPATE IN THE PROMOTION IF YOU ARE NOT A LEGAL RESIDENT OF THE U.S. AND AT LEAST 18 YEARS OF AGE AT THE TIME OF SUBMISSION OR YOU OTHERWISE DO NOT FALL WITHIN THE ELIGIBILITY REQUIREMENTS SET FORTH IN THESE OFFICIAL RULES.

NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.

1. Eligibility: The Troy-Bilt Think Spring Contest ('Contest') is FREE to enter and open to all individuals who are legal residents of the U.S., and have reached eighteen (18) years of age at the time of their entry ('you' or 'Contestant'). It is your responsibility to ensure that you are legally eligible to enter the Contest under any laws applicable to you in your jurisdiction of residence or otherwise. The employees, officers and directors of the Sponsor as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee, officer and director are not eligible to participate in the Contest. The Contest is void outside the U.S., or in any country embargoed by the United States, and where otherwise prohibited by applicable federal, state, provincial or local laws, rules or regulations.

 

2. Agreement to Official Rules: By participating in the Contest, you fully and unconditionally agree to and accept to be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all matters related to the Contest. Whether or not you receive a Contest Prize is contingent upon your successfully fulfilling all requirements set forth in these Official Rules. The Contest is subject to all applicable federal, state, and local laws. The Sponsor shall be responsible for ensuring the Contest complies with all laws in all jurisdictions where the Contest is offered. This Contest is void where prohibited by law. Failure to enforce any term of these Official Rules shall not constitute a waiver of that term or provision.

 

3. Contest Period: The Contest entry period begins March 20, 2014 @ 12:01 PM (EST) and ends April 2, 2014 @ 11:59 PM (EST) (the "Entry Period"). Voting on eligible Entries begins April 4, 2014 @ 12:01 AM (EST) and ends on April 14, 2014 @ 11:59 PM (EST) (the "Voting Period"). (Entry Period and Voting Period constitute collectively, the 'Contest Period') Sponsor's computer is the official time-keeping device of the Contest.

 

4. How to Enter the Contest: To enter the Contest, visit the 'Think Spring' application (the 'Contest Site') during the Entry Period at http://www.howitsdone.troybilt.com or https://www.facebook.com/troybilt/app_69... and follow the online instructions to:

  • Share a description of your favorite outdoor project, why it is your favorite project and how you created the project
  • Follow the online directions to submit your photos(s).
  • Login with a Facebook® or Twitter® account to publish your video (herein, your 'Entry').

Limit five (5) Entries per person per Contest Period.

NOTE: You must login with a valid Facebook account or Twitter account in order to participate in the Contest. Entries that do not include all the required information and adhere to these Official Rules will be void. Sponsor is not responsible for lost, misdirected or incomplete Entries. You may not change, alter, modify or delete your Entry at any time. By participating in the Contest you are permitting public voting in connection with your Entry.

5. How Contest Winners Will Be Chosen: A total of eight (8) Winners will be selected at the end of the Entry Period by a panel of judges affiliated with the Sponsor ('Winners'). Winners will be selected based on the following judging criteria: Originality (25%), Content Quality (25%), and Best Exemplifies the Prompt Questions (50%), and notified on or around April 3, 2014.

Entries of the Winners will be voted upon by individuals who visit the Contest Site during seven (7) matches as follows ('Match(es)'):

Match #1

  • Voting Starts 4/4/2014 @ 12:01 AM (EST)
  • Voting Ends 4/4/2014 @ 11:59 PM (EST)

Match #2

  • Voting Starts 4/5/2014 @ 12:01 AM (EST)
  • Voting Ends 4/5/2014 @ 11:59 PM (EST)

Match #3

  • Voting Starts 4/6/2014 @ 12:01 AM (EST)
  • Voting Ends 4/6/2014 @ 11:59 PM (EDT)

Match #4

  • Voting Starts 4/7/2014 @ 12:01 AM (EST)
  • Voting Ends 4/7/2014 @ 11:59 PM (EST)

Semi-Final Match #5

  • Voting Starts 4/8/2014 @ 12:01 AM (EST)
  • Voting Ends 4/9/2014 @ 11:59 PM (EST)

Semi-Final Match #6

  • Voting Starts 4/10/2014 @ 12:01 AM (EST)
  • Voting Ends 4/11/2014 @ 11:59 PM (EST)

Final Match #7

  • Voting Starts 4/12/2014 @ 12:01 AM (EST)
  • Voting Ends 4/14/2014 @ 11:59 PM (EST)

Popular vote totals will reset to zero (0) prior at the end of each Match.

6. Grand Prize Winner: The winner of the Final Match ('Grand Prize Winner') will be the Contestant that receives the highest number of popular votes during the Voting Period, among all eligible entries received. Each Contestant understands and agrees to assume the risk that their Entry may, in whole or in part, be identical or similar to one or several other Entries.

7. Prizes: Sponsor is the provider of the Contest Prizes to be awarded for this Contest. No substitution of a Contest Prize will be made unless the Sponsor, in its sole discretion, determines otherwise. A Contest Prize must be accepted as awarded. If, as a result of an error relating to the entry process, drawing or any other aspect of the Contest as determined in Sponsor's sole discretion, there are more potential winners of Contest Prizes than contemplated in these Official Rules, there will be a random draw amongst all eligible Contest Prize claimants on the Award Date to award the eight (8) Contest Prizes.

The odds of winning are dependent upon the total number of eligible Entries submitted during the Entry Period.

The value of the Contest Prize received by each Winners will be determined by the results of the Matches during the Voting Period (see schedule below) and are as follows (collectively, the 'Contest Prizes'):

  • One (1) Grand Prize Winner will receive one (1) $500.00 Lowe's® Gift Card and $500.00 of Troy-Bilt Products.
  • One (1) Runner-Up Winner will receive one (1) $300.00 Lowe's Gift Card and $300.00 of Troy-Bilt Products.
  • Two (2) Semi-Finalist Winners will receive one (1) $200.00 Lowe's Gift Card and $200.00 of Troy-Bilt Products.
  • Four (4) Honorable Mentions will receive one (1) $100.00 Lowe's Gift Card and $100.00 of Troy-Bilt Products.

a. Contest Prizes are subject to and made in compliance with Internal Revenue Service Regulations and any applicable federal and state laws and regulations. Contest Prizes may not be transferred or assigned in whole or in part. Winners will be responsible for all applicable taxes, if any, (including but not limited to federal, state, local and/or income) on a Contest Prize.

b. If a Contest Prize notification is returned as non-deliverable, or if the potential Contest Prize recipient is not eligible or does not comply with these or the Contest Requirements or these Official Rules, it will result in a forfeiture of the Contest Prize, and in such event an alternate Winner will NOT be selected. Undelivered, returned, unclaimed or un-awarded Contest Prizes will not be re-awarded.

Anyone who registers on the Contest Site can vote for their favorite Entry or the Entry that best meets the judging criteria during the Voting Period. Sponsor has the right, in their sole discretion, to maintain the integrity of the Contest by any necessary and lawful means, including the right to void votes. Sponsor may void votes or take other necessary steps to maintain the integrity of the Contest for the following, nonexclusive reasons:

  1. Multiple votes from the same user from different IP addresses or from different email addresses; fraudulent Entry votes (using a redirect link, a disguised link, a fraudulent link, etc.);
  2. Technical malfunction of servers or internet connection;
  3. User(s) recanting their own votes;
  4. Technical or content upgrades that render votes incompatible or inconsistent; and
  5. Inappropriate conduct in promoting votes (spam, harassment, etc.).

Voters are limited to one (1) vote per Entry per day.

In The Event Of A Tie: In the event there exist multiple Entries that receive the same number of popular votes during any of the seven (7) Matches, whether by coincidence, or an error in any aspect of the Contest, the Winner will be chosen by a random drawing among the Entries receiving an equal number of votes.

If you are selected as a Winner, you will be notified of the selection of your Entry by the email address provided by you on the Registration Form. If you do not respond to the email notification of your selection as a Winner within three (3) days to confirm your prize, an alternate Winner will be selected to receive the Contest Prize. All decisions of Sponsor in selecting the Winner (s) are final and binding on all Contestants in all matters relating to the Contest.

 

8. Award Date(s): Contest Prizes will be awarded on 4/15/2014, following the Final Match.

 

9. Rights Granted by you: By entering this Contest, you agree that:

1. Sponsor and its respective affiliates, licensees, successors and assigns will have the right to use all or a part of your Entry, your name and address (city and state/province/territory), and the names, likenesses, photographs, voices and images of all persons appearing in the Entry anywhere in the world and in perpetuity, for future advertising, trade, promotion and publicity in any manner and in any medium now known or hereafter devised throughout the world in perpetuity, without compensation and without notice to you and without additional consideration, review or approval from you; and

2. You will not now nor in the future be paid for your Entry or for granting any of the rights set out in these Official Rules.

10. Your Representations and Warranties: By entering the Contest, you represent and warrant that:

1. Your Entry, in its entirety, is an original submission by you and you have not included third party content (such as writing, poetry, text, graphics, artwork, logos, photographs, likeness of any third party, musical recordings, clips of videos, television programs or motion pictures) in or in connection with your Entry without permission;

2. Your Entry, the use thereof by Sponsor of any of the rights granted by you under these Official Rules, does not and will not infringe or violate any rights of any third party or entity, including, without limitation, patent, copyright, trademark, trade secret, defamation, privacy, publicity, false light, misappropriation, confidentiality, or any contractual or other rights;

3. You have all the rights, licenses, permissions and consents necessary to submit the Entry and to grant all of the rights that you have granted to the Sponsor under these Official Rules;

4. All persons who were engaged by you to work on the Entry, who appear in the Entry in any manner, or have contributed to the Entry have: a. given you their written consent to submit the Entry without claims for payment of any kind; and b. provided written permission to include their name, likenesses, image or pictures in or with your Entry (or if a minor who is not your child, you must have the permission of their parent or legal guardian) and you may be asked by the Sponsor to provide such permission in writing to the Sponsor; and c. You have read, understood, accept and agree to be bound by Sponsor's Terms of Service and Privacy Policy set out on troybilt.com, as they may be amended from time to time.

11. General Conditions: Sponsor has the right to verify your eligibility and compliance with these Official Rules, and to disqualify you on the basis of the results of its investigation. Your personal information will be processed in accordance with Sponsor's Privacy Policy, as amended from time to time.

You may not enter with multiple e-mail and/or street addresses, nor may you use any other device or artifice to submit more than five (5) Entries. If you use fraudulent Entry methods, or otherwise attempt to participate with multiple e-mail and/or street addresses under multiple identities, or use any device or artifice to enter more than five (5) Entries, you will be disqualified. In the event of a dispute as to any Entry, the authorized account holder of the e-mail address used to enter will be deemed to be the person who made the Entry. For the purposes of these Official Rules, the authorized account holder is the natural person assigned an e-mail address by an internet access provider, online service provider or other organization responsible for assigning e-mail addresses for the domain associated with the submitted address.

Nothing contained in these Official Rules shall be construed to: (i) give any party the power to direct and control the day-to-day activities of the other; (ii) constitute the parties as partners, joint venturers, principal and agent, employer and employee, co-owners or entrants in a joint undertaking; or (iii) allow you to create or assume any obligation on behalf of the Sponsor.

By entering the Contest, you fully and unconditionally agree to and accept these Official Rules and the decisions of the Sponsor and the members of the voting community, which are final and binding on all matters relating to this Contest.

Sponsor reserves the right to cancel, modify or suspend the Contest at any time (subject to approval of any regulatory body having jurisdiction), if it is determined that the Contest cannot be run as originally planned or if fraud or any other occurrence comprises the fairness or integrity of the Contest.

12. Liability Provisions: Sponsor is not responsible for human error, theft, destruction, or damage to Entries or other factors beyond its reasonable control.

You assume all risk of damaged, lost, late, incomplete, invalid, incorrect or misdirected Entries. Sponsor makes no warranty, representation or guarantee, express or implied that your Entry was properly submitted.

Sponsor shall not be liable to a Winner, Contestant or other person for failure to supply the Contest Prize or any part thereof, for reasons beyond the reasonable control of the Sponsor by reason of the Contest Prize becoming unavailable or impracticable to award, or for any force majeure event, technical or equipment failure, terrorist act, labor dispute, or act/omission of any kind (whether legal or illegal), transportation interruption, civil disturbance, or any other cause.

Sponsor, and its employees, officers, directors, agents, contractors, representatives, affiliates, divisions, subsidiaries, resellers, dealers, distributors, advertising/promotion agencies, and Facebook, Inc. (the 'Released Parties') shall not assume any responsibility whatsoever for any of the following: delayed, failed, partial or garbled computer transmissions; technical failures of any kind, including, but not limited to, lost, interrupted or unavailable network, server, internet, or other connections; the availability, accessibility, technical failure or miscommunications of computer, satellite, telephone or cable transmissions; the incorrect or inaccurate capture or failure to capture information whether caused by Contest Site or Contest Site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest; errors of any kind whether human, mechanical, electronic, network or otherwise arising out of or relating to the Contest; theft, loss, destruction or damage to an Entry in whole or in part; and other factors beyond their reasonable control. The Released Parties are not responsible for injury or damage to your or to any other person's computer related to or resulting from participating in the Contest or downloading materials from or use of the Contest Site or any other website.

CAUTION: ANY ATTEMPT BY YOU TO DELIBERATELY DAMAGE THE CONTEST SITE OR ANY CONTEST SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF APPLICABLE CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO DISQUALIFY YOU FROM THE CONTEST AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT OF THE LAW.

LIMITATIONS OF LIABILITY AND RELEASE: BY SUBMITTING AN ENTRY, YOU AGREE THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND WILL BE RELEASED AND HELD HARMLESS BY YOU AND YOUR HEIRS, EXECUTORS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS FOR ANY CLAIMS, LIABILITIES, OR CAUSES OF ACTION OF ANY KIND OR NATURE FOR ANY INJURY, LOSS OR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES TO PERSONS, INCLUDING, WITHOUT LIMITATION, DISABILITY OR DEATH, AND DAMAGE TO PROPERTY, DUE IN WHOLE OR IN PART, ARISING DIRECTLY OR INDIRECTLY, NOW OR IN THE FUTURE FROM THE DELIVERY, ACCEPTANCE, USE OR MISUSE OF THE PRIZE, ANY AND ALL USE AS PROVIDED HEREIN OF YOUR ENTRY, OR PARTICIPATION IN THIS CONTEST AND/OR ANY RELATED CONTEST. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE AND ANY CONTEST SITE IS 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, AND NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, IN WHICH CASE SUCH LIMITATION OR EXCLUSION SHALL APPLY ONLY TO THE EXTENT PERMITTED BY THE LAW IN THE RELEVANT JURISDICTION.

Choice of Law and Venue: These Official Rules shall be governed by and construed in accordance with the laws of the United States of America and the State of Ohio, as applicable herein, without reference to its conflicts of laws principles. Any and all disputes, claims, and causes of action with the Sponsor arising out of or connected with this Contest, shall be resolved individually, and exclusively by arbitration properly and exclusively in the Court of Common Pleas, Cuyahoga County, Ohio, or the United States District Court, Northern District of Ohio, and the parties expressly waive any and all rights which they may have, or which may hereafter arise, to contest the propriety of such choice of jurisdiction and venue, or to invoke the doctrine of Forum Non Conveniens. Any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Contest, but in no event attorneys' fees. You hereby waive all rights to: (i) claim or be awarded any punitive, direct, indirect, incidental, and consequential damages and any other damages, other than for actual out-of-pocket expenses; and (ii) to have damages multiplied or otherwise increased. The parties recognize that the provisions of this paragraph are a material factor in their decision to enter into this Contest.

WINNERS LIST: To request the names of Winners, mail a U.S. sufficiently stamped, self-addressed envelope to: MTD Products Company c/o Troy-Bilt P.O. Box 368022, Cleveland, Ohio 44136. Requests must be received by June 30, 2014.

Disclaimer: This Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook, Inc. or Twitter, Inc. Any comments or questions about the Contest should be addressed to Sponsor.

If you have any questions or wish to send us any information regarding the Troy-Bilt Think Spring Contest, please contact: c/o Community Manager Troy-Bilt P.O. Box 368022 Cleveland, OH 44136

AGREEMENT BY CONTESTANT AND GRAND PRIZE WINNER: I understand that by participating in the Troy-Bilt Think Spring Contest I am representing that I have read, agree to, and will abide by these Official Rules and that I have read, understand, and agree to Sponsor's Privacy Policy Statement. I fully and unconditionally agree to and accept the Contest Requirements and Official Rules, and any additional terms and conditions specific to the Contest communicated by the Sponsor hereinabove, throughout the Contest, and thereafter. I also agree that the decisions of the Sponsor are final and binding in all matters relating to the Contest.