Troy-Bilt® Stake in the Snow Contest Official Rules
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
DISCLAIMER: This Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook, Inc., the NOAA National Weather Service or Lowe's. Any comments or questions about the Contest should be addressed to the Sponsor.
CORPORATE SPONSOR AND FACILITATOR: 'Sponsor' and/or 'Facilitator' means and refers to MTD Products Company. Troy-Bilt® is a registered trademark of MTD Products Inc, used with permission by MTD Products Company in connection with the Troy-Bilt Stake in the Snow Contest ('Contest').
CONTEST ENTRY PERIOD: The 'Contest Entry Period' begins on Tuesday, October 14, 2014 @ 12:01 AM (EST) ('Start Date') and ends on Sunday, March 1, 2015 @ 11:59 PM (EST) (the 'End Date'). Sponsor will keep the official time of the Contest.
HOW WINNER WILL BE CHOSEN: Eight (8) total Winners will be selected as follows: one (1) Winner will be selected for each of the eight (8) cities ('Contest City(s)'). The Winner in each Contest City will be the one (1) Entry that most accurately guesses the Date and Depth of the first snowfall over 4" in a Contest City when compared to the actual Date and Depth of accumulated snowfall during the 24-hour period. The actual snowfall measurement will be determined by the NOAA National Weather Service at www.weather.gov.
In the event there are identical winning Entries, whether by coincidence, or an error in any aspect of the Contest, the Winner will be determined by a random drawing among those identical entries for the Contest City.
In the event no Entry matches the actual depth of the first snowfall over four inches in a Contest City, the Entry that is closest to the actual depth of the first snowfall over four inches in a Contest City will be chosen as the Winner.
Winners will be notified within approximately one week after the applicable Contest City accumulates 4" of snow or more in one 24-hour period.
NUMBER OF POSSIBLE CONTEST ENTRIES PER PERSON: One Entry per person per Contest City is permitted for a total of eight (8) potential Entries per person. Each Winner, however, may only win one (1) Prize. Entries of any Contestant previously selected as a Winner in this Contest during the Contest Entry Period will be deemed invalid.
The Contest Cities and the official Troy-Bilt Stake in the Snow Contest measurement locations are as follows:
NOAA Official Snowfall Measurement Locations
NOAA Station ID
BOSTON LOGAN INTERNATIONAL AIRPORT, MA US
Union, New Jersey
US UNION TWP 1.1 NW, NJ US
Liverpool, New York
VILLAGE GREEN, 2.6 ESE, NY US
CLEVELAND BURKE LAKEFRONT AIRPORT, OH US
MUSKEGON CO AIRPORT, MI US
St. Paul, Minnesota
ST PAUL DOWNTOWN AIRPORT, MN US
DENVER INTERNATIONAL AIRPORT, CO US
Salt Lake City, Utah
SALT LAKE CITY INTERNATIONAL AIRPORT, UT US
1. ELIGIBILITY: The Contest is FREE to enter and open to all individuals who are legal residents of the Continental United States or the District of Columbia, have reached the Minimum Required Age of eighteen (18) years at the time they submit their Entry, and have a valid email address and Facebook account as of the Entry Period Start Date ("you" or "Contestant"). DO NOT PARTICIPATE IN THE CONTEST IF YOU ARE NOT A LEGAL RESIDENT OF THE U.S. AND AT LEAST EIGHTEEN (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 CONTEST IS INTENDED FOR PARTICIPATION ONLY BY RESIDENTS OF THE CONTINENTAL UNITED STATES AND D.C. ('U.S.') AND SHALL BE CONSTRUED, GOVERNED AND ENFORCED IN ACCORDANCE WITH OHIO LAW WITHOUT REFERENCE TO ITS CONFLICT OF LAWS PRINCIPLES.
The Contest is void outside the U.S. and where otherwise prohibited by applicable federal, state, provincial or local laws, rules or regulations. It is the Contestant's responsibility to ensure that he/she is legally eligible to enter the Contest under any local, state, or federal 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 Contest.
2. HOW TO ENTER: During the Contest Entry Period,
1) visit www.facebook.com/troybilt (the "Contest Site"),
2) follow the instructions to select one (1) Contest City,
3) select one (1) date between October 17, 2014 and March 11, 2015 (date shall be selected ten (10) or more days in advance,
4) select a snow measurement between 4" ' 12", and
5) submit the online entry form in accordance with these Official Rules.
If the entry form is submitted and approved (at Sponsor's sole discretion) it will be entered into the Contest ('Entry'). You may enter one entry per person per Contest City, but you 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 Contest. Entries that do not include all the required information and/or do not adhere to these Official Rules, at Sponsor's sole discretion, will be void and will not be entered into the Contest. Sponsor is not responsible for lost, misdirected or incomplete Entries. Once submitted, you may not change, modify, alter, delete or substitute for your Entry.
3. HOW AND WHEN WINNERS WILL BE NOTIFIED: Winners will be notified by email to the email address provided by Contestant. If Contestant does not respond to the notification within three (3) days, an alternate Winner may be selected. To receive a Prize, Winners shall respond by email with the following information: 1) full name, 2) complete mailing address, and 3) daytime and evening telephone number (with area codes). All decisions of the Facilitator in all matters relating to the Contest are final and binding on all Contestants.
4. PRIZES: One (1) Prize will be awarded for each of eight (8) Contest Cities as follows ('Prize(s)'): One (1) Vortex' 2490 Snow Thrower and (1) $500.00 Lowe's Gift Card. Total Prize ERV: $1,599.99
The Aggregate Total Estimated Retail Value of all Prizes in this Contest is $12,799.92.
No Prize substitution requests will be honored. However, Sponsor reserves the right to substitute any Prize(s) in whole or in part with another Prize of comparable or greater value. All Prizes must be accepted as awarded.
The odds of winning are dependent upon the total number of eligible Entries received.
Prizes are subject to and made in compliance with Internal Revenue Service Regulations and any applicable federal and state laws and regulations. Prizes may not be transferred or assigned in whole or in part. Winners are responsible for all applicable taxes, if any, (including but not limited to federal, state, local and/or income) on a Prize.
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, and in such event an alternate Winner may be selected in the Contest. Undeliverable, returned or unclaimed Prizes may be re-awarded.
5. AGREEMENT TO OFFICIAL RULES: By participating in the Contest, you fully and unconditionally accept and agree to be bound by these Official Rules and all decisions of the Sponsor, which are final and binding in all matters related to the Troy-Bilt Stake in the Snow Contest. Sponsor will determine at Sponsor's sole discretion if an Entry complies with these Official Rules. This 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.
6. RIGHTS GRANTED BY YOU: By entering this Contest, 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 Winner of this Contest, 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, without additional compensation/consideration, and without the right of review, notification or approval for five (5) years after the end of the Contest Entry Period, and, upon request, will provide such Information and consent to such use in writing.
Contestants and/or Winners, by entering this Contest, 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 Contestant's Entry information and Winner's Information, in whole or in part, and Contestants 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 Contest. 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 Contestant and/or Winner or any other person or entity after the Entry is received). Nothing herein shall be deemed an obligation of confidentiality.
7. YOUR REPRESENTATIONS AND WARRANTIES: By entering this Contest, you represent and warrant that:
(a) 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;
(b) 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; and
(c) 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 use multiple email and/or street addresses to submit multiple Entries for a Contest City, nor may you use any other person, identity, device or artifice to submit multiple Entries in a Contest City. If you use fraudulent methods to submit an Entry or otherwise attempt to participate in this Contest in a fraudulent manner, you will, at a minimum, be disqualified from participation in the Contest. In the event of a dispute as to the identity of an Contestant or Entry, in the absence of evidence of fraudulent activity, 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 Official 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 email 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 Contestants 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, which are final and binding on all matters relating to this Contest. The 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.
9. LIABILITY PROVISIONS: 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. 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 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 used by the Contest Site or any other website.
10. CAUTION: ANY ATTEMPT BY YOU TO DELIBERATELY DAMAGE THE CONTEST SITE OR ANY WEBSITE OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST 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 CONTEST AND SEEK CRIMINAL CHARGES AND CIVIL DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT OF THE LAW.
11. LIMITATIONS OF LIABILITY AND RELEASE: BY SUBMITTING AN ENTRY, YOU AGREE THAT THE SPONSOR AND FACILITATOR 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 CONTEST AND/OR ANY RELATED CONTEST. WITHOUT LIMITING THE FOREGOING, ALL PRIZES PRESENTED ON WWW.TROYBILT.COM AND THE CONTEST 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.
12. CHOICE OF LAW AND VENUE: 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 Contest shall be resolved in the Court of Common Pleas, Cuyahoga County, Ohio, or the United States District Court, Northern District of Ohio. Contestant 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 Contest, but in no event attorneys' fees. Contestant 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. Contestant recognizes that the provisions of this paragraph are a material factor in their decision to enter into this Contest.
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 March 31, 2015.
If you have any questions or wish to send us any information regarding Troy-Bilt Stake the Snow Contest, please contact:
c/o Community Manager, Troy-Bilt, P.O. Box 368022, Cleveland, OH 44136.