"Gear Up to Get Out" Troy-Bilt® Sweepstakes
"Gear Up to Get Out" Troy-Bilt® Sweepstakes
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
CORPORATE SPONSOR AND FACILATOR ('Sponsor and/or Facilitator'): MTD Products Company (Troy-Bilt® is a registered trademark of MTD Products Inc, used with permission by MTD Products Company in connection with the Gear Up to Get Out Troy-Bilt Sweepstakes ('Sweepstakes').
PROMOTION PERIOD: The Promotion Period consists of three (3) 1-day entry periods (the "Entry Period"). The first Sweepstakes Entry Period begins on January 30, 2013 @ 12:01 AM (EST) and the third Sweepstakes Entry Period ends on February 1, 2014 @ 11:59 PM (EST) (the "End Date"). The Sponsor's computer is the official time-keeping device for the Sweepstakes.
How Winner Will Be Chosen: A total of three (3) Winners will be randomly selected, one (1) on each Draw Date (which is the day following each completed Entry Period) and will be notified on the Draw Date that they have been selected.
Number of Possible Sweepstakes Entries ("Entry") per person: One Entry per person per Entry Period is permitted for a total of three (3) potential entries. Each Winner, however, may only win one (1) Prize. Therefore, while each additional Entry will improve your chance of winning, future Entry Period Entries of any Entrant already selected as a Winner will be deemed invalid.
|Entry Period||Start Date||End Date||Draw Date|
|1||1/30/14, 12:01am||1/30/14, 11:59pm||1/31/14|
|2||1/31/14, 12:01am||1/31/14, 11:59pm||2/1/14|
|3||2/1/14, 12:01am||2/1/14, 11:59pm||2/2/14|
1. Eligibility: The Sweepstakes is FREE to enter and open to all individuals who are legal residents of the Continental United States, have reached the Minimum Required Age of 18 years at the time they submit their Entry, and have a valid Facebook® account (as defined below) ("you" or "Entrant").
Minimum Age Requirements: 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. Geographic Region and Applicable Law: 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.
The Sweepstakes is void outside the Geographic Region specified and where otherwise prohibited by applicable federal, state, provincial or local laws, rules or regulations. It is the Entrant's responsibility to ensure that he/she is legally eligible to enter the Sweepstakes under any local, state, or national laws applicable to him or her, in their area of residence or otherwise. The employees, officers and directors of the Corporate Sponsor(s), 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 Sweepstakes.
2. How to Enter: During the Promotion Period, visit the Sponsor's Facebook Page at https://www.facebook.com/troybilt (the "Sweepstakes Site"). Follow the online instructions to "Like" AND 'Comment' or simply 'Comment' on the daily post as per the present written instructions by the Sponsor. NOTE: The Instructions may differ for each Entry Period during the Promotion Period. Entrants may enter one time per Entry Period during the Promotion Period for a total of three (3) entries but can only win one (1) prize per person per household. NOTE: You must login with a valid Facebook account in order to participate in the Sweepstakes. Entries that do not include all the required information and adhere to the Rules will be considered void by the Sponsor and Facilitator. The Sponsor and Facilitator are not responsible for lost, misdirected or incomplete Entries. Limit one (1) entry per person per Entry Period. Once entered, you may not delete or change your Entry at any time.
3. How and When Winners will be chosen: Subject to any exceptions explained within these Official Rules, there will be one (1) Prize Winner ('Winner') randomly chosen for each of the three (3) Entry Periods. Each of the three (3) Prizes will be awarded on the Draw Date one (1) day following the 24-Hour Entry Period (12:01 a.m.-11:59 p.m.) (See also Chart of dates above). In the event an Entrant is selected as a Winner on more than one Draw Date, the Entrant cannot accept a second prize.
4. Winner Notification: If you are selected as a Winner, you will be notified of the selection of your Entry by Public Reply from the Facilitator to Winner's comment on the post for that Entry Period. If you do not respond to the Public Reply notification of your selection as a Winner within the twenty-four (24) hour Draw Date to claim your Prize, an alternate Winner will be selected to receive the Prize. Winners will have a twenty-four (24) hour time window to receive the Facilitator's Public Reply and to send the Facilitator a Private Message with the following information: 1) valid e-mail address, 2) physical mailing address, and 3) a working telephone number. All decisions of the Facilitator in all matters relating to the Sweepstakes and in selecting each Winner are final and binding on all Entrant.
5. Prizes: Troy-Bilt is the Sponsor and provider of the Prize packages to be awarded for each Entry Period. No Prize substitutions will be made by the request of a Winner unless the Sponsor, in its sole discretion, determines to do so. Sponsor reserves the right to independently substitute a Prize in whole or in part with another Prize of comparable or greater value for any reason in its sole discretion. A Prize must be accepted as awarded. There will be three (3) Prizes awarded.
Each Prize package includes: One ( 1) Troy-Bilt fleece jacket, one ( 1) Troy-Bilt scarf, one ( 1) pair of gloves and one ( 1)winter hat. The Estimated Retail Value of each Prize is: $70.00. The odds of winning are dependent upon the total number of eligible Entries received for the Sweepstakes Entry Period.
The Estimated Retail Value of each Prize is: $80.00. The odds of winning are dependent upon the total number of eligible Entries received for the Sweepstakes Entry Period.
If a Prize notification or any Prize is: 1) returned as non-deliverable, or 2) if the potential Prize recipient is not eligible or does not comply with these or the Sweepstakes Requirements or Rules, it will result in Prize forfeiture, and in such event an alternate Winner will NOT be selected in the Sweepstakes. Undelivered, returned, unclaimed or un-awarded Prizes will not be re-awarded.
6. Agreement to Official Rules: By participating in the Sweepstakes, you fully and unconditionally agree to, accept, and be bound by these Rules and the decisions of the Sponsor and Facilitator, which are final and binding in all matters related to the Gear Up to Get Out Troy-Bilt Sweepstakes. Whether or not you receive a Prize is also contingent upon your successfully fulfilling all requirements set forth in these Gear Up to Get Out Troy-Bilt Sweepstakes Official Rules. The Sponsor and Facilitator will determine if an Entry meets the Sweepstakes Requirements and otherwise complies with the Rules. This Sweepstakes is subject to all applicable federal, state, and local laws. The Sponsor and Facilitator shall be responsible for ensuring the Sweepstakes complies with all laws in all jurisdictions where the Sweepstakes is offered. This Sweepstakes 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.
7. Rights Granted by you: By entering this Sweepstakes, you agree that the Sponsor and its respective affiliates, licensees, successors and assigns will have the right to use all or a part of the information associated with your Entry 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 If you are selected as a Prize Winner of this Sweepstakes, by accepting a Prize you hereby consent and agree, where lawful, to the use by Sponsor (and its affiliates and authorized representatives) of your name, image, likeness, hometown and biographical information, and other indicia of persona ("Information"), for publicity, trade, advertising and promotional purposes in all media now known or hereafter discovered and developed worldwide (including the world wide web and internet), and on the internet and World Wide Web, without additional compensation/consideration, and without the right of review, notification or approval for five (5) years after the Award Date, and, upon request, will provide such Information and consent to such use in writing.
Entrant and/or Winners affirmatively waive all claims to and shall receive no royalties of any kind now or in the future from the Sponsor, its affiliates, licensees, successors and assigns for use of the Entrant's Entry information and Grand Prize Winner's Information, in whole or in part, and Entrants and Winners represent, warrant and agree that no other party is entitled to claim royalties from the use of the Entry information and Information related to the Sweepstakes. Sponsor, its affiliates, licensees, successors and assigns are in no way obligated to use or continue to use the Entry information or Winners' Information (and have no obligation to the Entrant and/or Winner or any other person or entity after the Entry is received). Nothing herein shall be deemed an obligation of confidentiality.
8. Your Representations and Warranties: By entering the Sweepstakes, you represent and warrant that: Your Entry, in its entirety, is an original submission by you, contains your personal information and not the personal information of another, and you have not used content from a third party to contribute to your Entry without permission;
Your Entry, the use thereof by Troy-Bilt of any of the rights granted by you under these Sweepstakes 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, theft of identity, confidentiality, or any contractual or other rights;
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 Sweepstakes Rules;
You may not enter with multiple e-mail and/or street addresses, nor may you use any other person, identity, device or artifice to submit more than three (3) Entries (one for each Entry Period) on your behalf. 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 other person, device or artifice to enter more than three (3) Entries, you will, at a minimum, be disqualified. In the event of a dispute as to any Entry, in the absence of evidence of a fraudulent 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 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 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 Sweepstakes, you fully and unconditionally agree to and accept these Rules and the decisions of the Sponsor and Facilitator, which are final and binding on all matters relating to this Sweepstakes. The Facilitator reserves the right to cancel, modify or suspend the Sweepstakes at any time (subject to approval of any regulatory body having jurisdiction), if it is determined that the Sweepstakes cannot be run as originally planned or if fraud or any other occurrence comprises the fairness or integrity of the Sweepstakes.
Liability Provisions:The Corporate 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. The Facilitator makes no warranty, representation or guarantee, express or implied that your Entry was properly submitted.
The Facilitator shall not be liable to a Winner or any other person for failure to supply the Prize or any part thereof, for reasons beyond the reasonable control of the Facilitator by reason of the 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.
10. The 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 Site or Sweepstakes Site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes; errors of any kind whether human, mechanical, electronic, network or otherwise arising out of or relating to the Sweepstakes; 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 Sweepstakes or downloading materials from or use of the Sweepstakes Site or any other Site.
11. CAUTION: ANY ATTEMPT BY YOU TO DELIBERATELY DAMAGE THE SWEEPSTAKES SITE OR ANY SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF APPLICABLE CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, THE FACILITATOR RESERVES THE RIGHT TO DISQUALIFY YOU FROM THE SWEEPSTAKES AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT OF THE LAW.
12. LIMITATIONS OF LIABILITY AND RELEASE: BY SUBMITTING AN ENTRY, YOU AGREE THAT THE SPONSOR AND FACILITATOR AND ANY AFFILIATES AND AUTHORIZED REPRESENTATIVES ('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 SWEEPSTAKES AND/OR ANY RELATED SWEEPSTAKES. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE AND ANY SWEEPSTAKES 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 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 Sweepstakes, 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 sweepstakes 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 Sweepstakes, 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 Sweepstakes.
13. 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 April 30, 2014.
14. DISCLAIMER: This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook, Inc. Any comments, questions or concerns about the Sweepstakes should be addressed to the Facilitator.
If you have any questions or wish to send us any information regarding the Gear Up to Get Out Troy-Bilt Sweepstakes, please contact:
c/o Community Manager, Troy-Bilt, P.O. Box 368022, Cleveland, OH 44136.