Troy-Bilt ® FLEX Face-Off Voter Sweepstakes Official Rules
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 FLEX Face-Off Voter Sweepstakes) ('Sweepstakes').
PROMOTION PERIOD: The 'Promotion Period' begins on 10/13/2015 @ 12:01 AM (EST) ('Start Date') and ends on 10/30/2015 @ 11:59 PM (EST) (the "End Date"). Sponsor will keep the official time of the Sweepstakes.
How Winner Will Be Chosen: A maximum of one (1) Winner will be randomly selected one business day following the completed Entry Period ('Draw Date') 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 day is permitted for a total of twenty-one (18) potential entries. The Winner, however, may only win one (1) Prize.
One business day following Entry Period 1 End Date (11/2/2015).
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 email address ("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 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 Sweepstakes.
2. How to Enter: During the Promotion Period, visit the Sponsor's FLEX Face-Off Web Page at https://www.flexfaceoff.troybilt.com (the "Sweepstakes Site"). Follow the online instructions to vote for the project and follow the following written instructions by the Sponsor. Entrants may enter one time per day during the Promotion Period for a total of twenty-one (18) entries but only one (1) prize will be awarded for this Sweepstakes.
NOTE: You must have a valid email address to participate in the Sweepstakes. Entries that do not include all the required information and adhere to these Official Rules will be considered void by the Sponsor and will not be eligible to win. The Sponsor is not responsible for lost, misdirected or incomplete Entries. Limit one (1) entry per person per day during the Promotion 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 from all eligible entries following the Promotion Period. The one (1) Prize will be awarded on the Draw Date one (1) business day following the End Date.
4. Winner Notification: If you are selected as a Winner, you will be notified of the selection of your Entry by email from the Facilitator to Winner's submitted email. If you do not respond to the email notification of your selection as a Winner within three (3) days of the date that the email notification is sent, an alternate Winner may be selected. The notified Winner must respond in accordance with these Official Rules and must include the following information: 1) first and last name, 2) physical mailing address, and 3) telephone number. All decisions of the Facilitator in all matters relating to the Sweepstakes and in selecting the Winner are final and binding.
5. Prizes: 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 one (1) Prize awarded. The Prize will be as follows ('Prize'):
Total Estimated Retail Value (ERV)
FLEX Power Base + FLEX Pressure Washer attachment + 1 attachment of Winner's choice
The odds of winning are dependent upon the total number of eligible Entries received during the Promotion 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 Official Rules, it will result in Prize forfeiture.
6. Agreement to Official Rules: By participating in the Sweepstakes, you fully and unconditionally agree to, accept, and are bound by these Official Rules and all decisions of the Sponsor, which are final and binding in all matters related to the FLEX Face-Off Voter Sweepstakes. The Sponsor, at its sole discretion, will determine if an Entry complies with these Official Rules. This Sweepstakes is subject to all applicable federal, state, and local laws. The Sponsor 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 or any other 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, and on the internet, without additional compensation/consideration, and without the right of review, notification or approval for five (5) years after the Draw 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 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 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, 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 Official Rules;
You may not enter with multiple email and/or street addresses, nor may you use any other person, identity, device or artifice to submit more than one (1) Entry per day during the Promotion Period on your behalf. If you use fraudulent Entry methods, or otherwise attempt to participate with multiple email and/or street addresses under multiple identities, or use any other person, device or artifice to enter more than one (1) Entry per day during the Promotion Period, 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 email 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 email address by an internet access provider, online service provider or other organization responsible for assigning email 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 Sweepstakes, you fully and unconditionally agree to and accept these Official Rules and the decisions of the Sponsor, which are final and binding on all matters relating to this Sweepstakes. The Sponsor 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.
10. Liability Provisions: The 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 Sponsor makes no warranty, representation or guarantee, express or implied that your Entry was properly submitted.
The Sponsor 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 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.
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 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 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 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 AND ALL OTHER 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 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 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, contact: Community Manager, MTD Products Company c/o Troy-Bilt P.O. Box 368022, Cleveland, Ohio 44136. Requests must be received by May 31, 2016.
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 Sponsor.
If you have any questions or wish to send us any information regarding FLEX Face-Off Voter Sweepstakes, please contact:
c/o Community Manager, Troy-Bilt, P.O. Box 368022, Cleveland, OH 44136.