|Print this Page|
Share Your Experience with Cub Cadet® Contest Official Rules ("Official Rules")
Share Your Experience with Cub Cadet ® Contest Official Rules (“Official Rules”)
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
Corporate Sponsor and Facilitator: MTD Products Company (“Sponsor”) is the corporate sponsor and facilitator of the Share Your Experience with Cub Cadet® Contest (“Contest”). Cub Cadet® is a registered trademark of MTD Products Inc, used with permission by MTD Products Company in connection with the Share Your Experience with Cub Cadet® Contest.
Promotion Period: The Contest begins on March 5, 2014 @ 12:01 AM (EST) and ends on May 27, 2014 @ 11:59 PM (EST) (the “Promotion Period”) and consists of twelve (12) 7-day contests. Each 7-day contest will consist of six submission days and a Draw Date (each collectively, an “Entry Period”). Sponsor's computer is the official time-keeping device for the Contest and the Entry Periods.
How Winner Will Be Chosen: A total of twelve (12) winning submissions are selected during the Promotion Period (“Winners”), with one (1) selected on the last day of each Entry Period (the “Draw Date”). Sponsor will attempt to notify Winners of their selection on or after the Draw Date. The twelve (12) Winners will be selected based on the Criteria set forth in the Contest Rules.
Number of Possible Entries per Participant: Three (3) entries per Entrant per Entry Period are permitted for a total of thirty-six (36) potential entries. Each Winner, however, may only be selected once during the Promotion Period of the Contest. Therefore, while each additional entry improves the chance of winning, entries submitted by an Entrant subsequent to their selection as a Winner will be disqualified from the Contest.
Contest Schedule: During the Contest, each Promotion Period and Draw Date will take place in accordance with the following schedule:
Applicable Law: This promotion is intended for participation only by residents of the U.S. and shall be construed according to and governed exclusively by the laws of the State of Ohio.
DO NOT PARTICIPATE IN THE PROMOTION IF YOU ARE NOT A LEGAL RESIDENT OF THE U.S. OR IF YOU ARE UNDER 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.
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 Entrant's responsibility to ensure that he/she is legally eligible to enter the Contest 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 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:
NOTE: You must login with a valid Facebook® or Twitter® account to participate in the Contest. Entries that do not include all the Required Information and/or do not adhere to these Official Rules will be considered void by Sponsor. Sponsor is not responsible for lost, misdirected or incomplete Entries. Limit three (3) Entries per Entrant per Entry Period. Once entered, Entrants may not delete, modify, change or alter their Entry.
3. How and When Winners will be chosen: Subject to any exceptions explained within these Official Rules, there is one (1) Winner chosen for each of the twelve (12) Entry Periods. Each of the twelve (12) Prize Packages will be awarded during the 24-hour (12:01 a.m.-11:59 p.m.) time period designated as the Draw Date for each Entry Period (see chart of dates above). The twelve (12) Winners for each Entry Period will be selected by Sponsor’s designated judges based on the following criteria: Originality (25%), Post Quality (25%), and Best Exemplifies the Test Drive Experience (50%) (collectively referred herein the “Criteria”). The entry with the highest overall score shall be selected as the Winner. In the event of more than one entry receiving the same highest overall score, the entry with the highest score in the “Best Exemplifies the Test Drive Experience” criterion, as determined by Sponsor in its sole discretion, will be deemed the Winner. In the event an Entrant is selected as a Winner on more than one Draw Date, the Entrant cannot accept a second Prize Package.
4. Winner Notification: If you are selected as a Winner, you will be notified by public reply (as defined by the terms of Entrant’s Facebook® membership) from Sponsor to Winner's comment on the public Facebook® page or the public tweet (as defined by the terms of Entrant’s Twitter® membership) 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, an alternate Winner will be selected to receive the Prize. Winners will have a twenty-four (24) hour window to receive the Sponsor’s public reply and to send the Sponsor a private message via Facebook® or Twitter® with the following information: 1) valid e-mail address, 2) physical mailing address, and 3) a working telephone number. All decisions of the Sponsor in all matters relating to the Contest and in selecting each Winner are final and binding on all Entrants.
5. Each Prize Package Includes: One (1) $150.00 Visa Gift Card (“Prize Package”). The odds of winning are dependent upon the total number of eligible entries received for the Entry Period.
Sponsor is the provider of the Prize Packages to be awarded for each Entry Period. No Prize Package substitutions will be made unless the Sponsor, in its sole discretion, determines to do so. Sponsor reserves the right to independently substitute a Prize Package in whole or in part with another prize of comparable or greater value for any reason in its sole discretion. Prize Packages must be accepted as awarded. A total of twelve (12) Prize Packages will be awarded.
If a prize notification or any Prize Package is: 1) returned as non-deliverable, or 2) if the potential Prize Package recipient is not eligible or does not comply with these Official Rules, it will result in Prize Package forfeiture, and in such event an alternate Winner will NOT be selected in the Contest. Undelivered, returned, unclaimed or un-awarded Prize Package will not be re-awarded.
Prize Packages 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 will be responsible for all applicable taxes, if any, (including but not limited to federal, state, local and/or income) on a Prize Package.
6. Agreement to Official Rules: By participating in the Contest, you fully and unconditionally agree to, accept, and are bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all matters related to the Share Your Experience with Cub Cadet® Contest. Whether or not you receive a Prize Package is also contingent upon your successfully fulfilling all requirements set forth in these Official Rules. The Sponsor will determine if an entry meets the Contest requirements and otherwise 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.
7. 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, you hereby consent and agree, by accepting a Prize Package, 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 but not limited to the world wide web and internet), without additional compensation or 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.
Entrants 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 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 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 Contest, you represent and warrant that:
You may not submit one or more entries using 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 during 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 per Entry 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 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, which are final and binding on all matters relating to this Contest. Subject to approval of any regulatory body having jurisdiction, Sponsor reserves the right to cancel, modify or suspend the Contest at any time 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.
10. 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 or any other person for failure to supply the Prize Package or any part thereof, for reasons beyond the reasonable control of Sponsor by reason of the Prize Package 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, Twitter, Inc., and Facebook, Inc. (the "Released Parties") shall not assume any responsibility whatsoever for any of the following: delayed, failed, partial or unclear 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 Sponsor’s website, Facebook® page, or Twitter® account Contest Entrants or 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 Sponsor’s website, Facebook® page, or Twitter® account or any other website, Facebook® page, or Twitter® account.
11. CAUTION: ANY ATTEMPT BY YOU TO DELIBERATELY DAMAGE THE SPONSOR’S WEBSITE, FACEBOOK® PAGE, OR TWITTER® ACCOUNT 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.
12. LIMITATIONS OF LIABILITY AND RELEASE: BY SUBMITTING AN ENTRY, YOU AGREE THAT SPONSOR AND ANY AFFILIATES AND AUTHORIZED REPRESENTATIVES 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 PACKAGE, 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 SPONSOR’S WEBSITE, FACEBOOK® PAGE, OR TWITTER® ACCOUNT 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.
13. 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 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.
14. Winners List: To request the names of Winners, mail a U.S. sufficiently stamped, self-addressed envelope to: MTD Products Company c/o Community Manager, P.O. Box 368022, Cleveland, Ohio 44136. Requests must be received by June 30, 2014.
15. DISCLAIMER: This Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook, Inc. or Twitter, Inc. Any comments, questions or concerns about the Contest should be addressed to Sponsor.
If you have any questions or wish to send us any information regarding the Share Your Experience with Cub Cadet® Contest, please contact:
MTD Products Company c/o Community Manager, P.O. Box 368022, Cleveland, OH 44136.