Troy-Bilt Product Review Sweepstakes Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A purchase will not increase your chances of winning. VOID WHERE PROHIBITED.
These Official Rules govern the Troy-Bilt® Snow Blower 2020 Sweepstakes (the "Sweepstakes"). (Troy-Bilt is a registered trademark of MTD Products Inc, used with permission by MTD Products Company ("Sponsor") in connection with the Troy-Bilt Snow Blower 2020 Sweepstakes.
SWEEPSTAKES PERIOD: Sweepstakes begins at 12:01 a.m. EST on January 31, 2020, and ends at 11:59 p.m. EST on February 6, 2020 (the "Sweepstakes Period"). All entries are the property of Sponsor and will not be returned. Sponsor shall keep the official time of the Sweepstakes. There will be one (1) Entry Period, with one (1) prize awarded. Entry in the Sweepstakes does not constitute entry into any other promotion, contest or sweepstakes. By participating in the Sweepstakes, each Entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and all related decisions of Sponsor, which shall be final and legally binding in all respects.
By entering, you understand that the information you provide will be used in accordance with the Sponsor's privacy policy located at www.troybilt.com.
ELIGIBILITY: The Sweepstakes is free to enter and open to all individuals who are legal residents of the forty-eight (48) contiguous United States or the District of Columbia, who are at least eighteen (18) years of age (or age of majority in their state of residence) or older at the time of entry, and have a valid Instagram account as of the beginning of the Sweepstakes Period ("you" and/or "Entrant"). Employees, officers, and directors of Sponsor or any of their parent and affiliate companies, prize suppliers, and each of their affiliated companies, subsidiaries, licensees, distributors, dealers, sales representatives, retailers, printers, individuals engaged in the development, production or distribution of materials, their advertising and promotional agencies, and any and all other companies associated with such agencies, and their immediate family members and/or people living in the same household are not eligible to participate. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations and is void where prohibited. All entries submitted are the property of the Sponsor and will not be acknowledged or returned.
HOW TO ENTER: During the Sweepstakes Period,
1. Read these Official Rules;
2. Visit the Sponsor's Instagram Page at https://www.instagram.com/troybilt (the "Sweepstakes Site"). Follow the online instructions to respond to published content on the sweepstakes post at the Sweepstakes Site (“Comment”).
3. You must be following the @troybilt Instagram page and at least one (1) of the following Instagram pages: @pithandvigor, @gardenfork or @thriftdiving.
Limit: One (1) entry per person for a total of one (1) possible Entry per Entrant.
There is no cost to register and product purchase is not necessary to enter or win.
Sponsor will not advise an Entrant of an incomplete or otherwise non-compliant entry. Entries made by any individual or any entity other than Entrant, including but not limited to commercial sweepstakes subscription notification and/or entering services, will be declared invalid and disqualified for this Sweepstakes. Use of automated entry systems and tampering with the entry process or the operation of the Sweepstakes is prohibited and any entries deemed by Sponsor, in its sole discretion, to have been submitted in this manner will be void. Entries generated by a script, macro, or other automated means will be disqualified. Entries that are incomplete, garbled, corrupted, or unintelligible for any reason, including, but not limited to, computer or network malfunction or congestion, are void and will not be accepted. In case of a dispute over the identity of an Entrant, the Authorized Account Holder of the email address used to enter will be deemed to be the Entrant. "Authorized Account Holder" is defined as the person who is assigned to an email address by an internet access provider, online service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address and/or Instagram account.
PRIZE:
PRIZE DRAWINGS: Sponsor will award one (1) prize as follows:
Troy-Bilt Storm™ 2410 Snow Blower: Approximate retail value $699.99
Limit: One (1) prize per person and household.
ODDS: Odds of winning depend on the number of eligible entries received during the Sweepstakes Period.
Winner Selection: Sponsor will randomly select, from all eligible entries, one (1) winner from the Entry Period pool of Entrants. If you are selected as a winner, you will be notified by private Instagram message from Sponsor or Sponsor’s designee. If you do not respond to the reply notification of your selection as a winner within three (3) calendar days to claim your prize, an alternate winner may be selected to receive the prize at Sponsor’s sole discretion. Contacted winners must respond directly with the following information: 1) first and last name, 2) street address, 3), email address and 4) telephone number.
Winners are solely responsible for the reporting and payment of all applicable fees, federal, state and local taxes and any other unspecified expenses associated with acceptance or use of Prize. Winner is advised to seek independent counsel regarding the tax implications of accepting a Prize. Sponsor will not award any prize without winner first submitting a fully and legibly completed and accurate IRS W-9 form, and the winner of any prize valued at six hundred dollars ($600.00) or more will be issued an IRS 1099 MISC form in the amount equal to the retail value of the prize. Winners will be required to complete and return an Affidavit of Eligibility prior to Sponsor awarding the prize.
Acceptance of any prize constitutes winner's permission for the Sponsor to use the winner's name, photograph, image, likeness, voice, biographical information, statements and complete address (collectively, the "Attributes"), for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter devised, in perpetuity, without further compensation or authorization, and releases the Released Parties from all claims arising out of the use of such Attributes.
GENERAL PRIZE RESTRICTIONS/CONDITIONS: Prize is non-transferable. Prizes may not be redeemed for cash. Sponsor reserves the right to substitute a prize or portion thereof of equal or greater value at Sponsor’s sole discretion. Under no circumstances will more than one (1) total Prize be awarded.
Sponsor is not responsible for human error, theft, destruction, or damage to Entries or other factors beyond Sponsor’s reasonable control. You assume all risk of damaged, lost, late, incomplete, invalid, incorrect or misdirected entries or Prize notifications. Sponsor makes no warranty, representation or guarantee, express or implied that your entry was properly submitted. Sponsor shall not be liable to a Winner or any other person for failure to supply a Prize or any part thereof, for reasons beyond the reasonable control of the Sponsor 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.
Sponsor, and its employees, officers, directors, agents, contractors, representatives, affiliates, divisions, subsidiaries, resellers, dealers, distributors, advertising/promotion agencies ("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 the Sweepstakes 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 used by the Sweepstakes Site or any other website. Proof of submitting entries will not be deemed to be proof of receipt by Sponsor. Released Parties are not responsible for any unauthorized third party use of any entries.
CAUTION: ANY ATTEMPT BY YOU TO DELIBERATELY DAMAGE THE SWEEPSTAKES SITE OR ANY WEBSITE OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF APPLICABLE CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO DISQUALIFY YOU FROM THE SWEEPSTAKES AND SEEK CRIMINAL CHARGES AND CIVIL 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 SPONSOR AND ANY AFFILIATES AND AUTHORIZED REPRESENTATIVES AND 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 A 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, ALL PRIZES PRESENTED ON WWW.TROYBILT.COM AND THE SWEEPSTAKES SITE 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, 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.
DISQUALIFICATION/TERMINIATION: Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Sweepstakes, to be acting in violation of these Official Rules, or to be acting in a disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law.
Sponsor reserves the right to modify, extend, suspend, or terminate the Sweepstakes if it determines, in its sole discretion, that the Sweepstakes is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor's control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Sweepstakes as contemplated herein including without limitation, by reason of infection by computer virus, bugs, tampering, unauthorized intervention, force majeure, insufficient number of eligible participants or technical failure. These Official Rules cannot be modified or amended in any way, except in a written document issued in accordance with law by a duly authorized representative of Sponsor.
The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor's failure to enforce any term or provision of these Official Rules shall not constitute a waiver of that or any other term or provision.
CHOICE OF LAW AND VENUE: Except where prohibited, Entrant agrees that any and all disputes, claims and causes of action arising out of or connected with the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and that these Official Rules shall be governed by, construed and enforced in accordance with the laws of the State of Ohio, as applicable herein, without reference to its conflicts of laws principles. Any and all disputes, claims, and causes of action arising out of or in connection with this Sweepstakes shall be resolved in the Court of Common Pleas, Cuyahoga County, Ohio, or the United States District Court, Northern District of Ohio. Entrant and Sponsor expressly waive any and all rights 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 Sweepstakes, but in no event attorneys' fees. Entrant hereby waives 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. Entrant recognizes that the provisions of this paragraph are a material factor in their decision to enter into this Sweepstakes.
PRIVACY: Personal information provided by Entrant at the time of entry into the Sweepstakes may be used by Sponsor and designated third parties engaged by Sponsor in connection with the administration of the Sweepstakes, in the fulfillment and verification of prize awards, and as otherwise authorized under Sponsor's privacy policy available at www.troybilt.com.
WINNERS LIST: To obtain a copy of the winners' list, contact: Troy-Bilt Snow Blower 2020 Sweepstakes Winners, c/o Community Manager, Troy-Bilt, P.O. Box 368022, Cleveland, OH 44136. Winners list will be available after 5/12/2020, and all such requests must be received by 5/31/2020.
AGREEMENT BY ENTRANT: I understand that by participating in this Sweepstakes I am representing that I have read, understand, agree to, and will abide by these Troy-Bilt Snow Blower 2020 Sweepstakes Official Rules. I have also read, understand, and agree to the Privacy Policy as set forth at www.troybilt.com. I fully and unconditionally agree to and accept any additional terms and conditions specific to the Sweepstakes communicated by the Sponsor hereinabove, throughout the Sweepstakes Period and beyond. I also agree that in all matters relating to the Sweepstakes the decisions of the Sponsor are final and binding.
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