NO PURCHASE IS NECESSARY TO ENTER OR WIN A PRIZE. WINNER NEED NOT BE PRESENT TO WIN. WINNER WILL BE REQUIRED TO PARTICIPATE IN THE PRIZE FULFILLMENT PROCESS AND SIGN DOCUMENTS, SUCH AS A RELEASE, AS DETAILED BELOW.
BY PARTICIPATING, ELIGIBLE COMPANY AGREES TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR (DEFINED BELOW) FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES. THESE RULES CONTAIN ARBITRATION AND DISPUTE RESOLUTION PROVISIONS THAT AFFECT THE WAY IN WHICH ANY CLAIM OR DISPUTE BETWEEN YOU AND THE SPONSOR WILL BE RESOLVED. SCROLL DOWN TO SECTION 9 TO SEE THE ARBITRATION AND DISPUTE RESOLUTION PROVISIONS.
PRIZE WILL BE AWARDED TO THE ELIGIBLE COMPANY AND NOT TO ANY INDIVIDUAL ON BEHALF OF THE ELIGIBLE COMPANY.
THIS SWEEPSTAKES IS VOID WHERE PROHIBITED OR EXCLUDED.
1. SWEEPSTAKES DESCRIPTION. The MID COUNTRY MACHINERY 20th ANNIVERSARY SWEEPSTAKES (the “Sweepstakes”) is conducted in the 48 continental United States and the District of Columbia (the “Territory”) and begins at 6:00 a.m. Central Standard Time on March 15, 2017 and ends at 9:00 p.m. Central Daylight Time on October 20, 2017 (the “Sweepstakes Period”). Sweepstakes is void in Alaska, Hawaii, Puerto Rico and other U.S. Commonwealths, Territories and jurisdictions (including overseas military installations) and where prohibited. The Sweepstakes is governed by these Official Rules.
2. WHO IS ELIGIBLE TO ENTER/TO WIN.
The Sweepstakes is open to companies that are registered in the Territory, have a commercial building address and employees located in one (1) or more locations in the Territory and are a customer in good standing with Sponsor ("Eligible Company"). A customer in good standing is defined as a company that is current on its accounts receivable or current on financial arrangements with Sponsor. Prize will be awarded to the Eligible Company and not to the Entrant who entered on behalf of the Eligible Company. Sponsor's decision as to which companies are eligible to participate is final. Customers in the following categories are NOT eligible to participate: any Customer which on or after the beginning of the Sweepstakes was or is a (m) municipality or agency of a municipality, (n) U.S. or foreign government or an agency of such, (o) multi-national corporation or a subsidiary of such, (p) publicly traded corporation; or (q) organization for which engaging in such a Sweepstakes is prohibited by law or is a violation of corporate or ethical guidelines.
Eligible Company with owners or employees in the following categories are NOT eligible to participate: any person who on or after March 15, 2017, was or is (a) a director, officer, employee, agent, or independent contractor of the Sponsor; (b) a director, officer, employee, agent, or independent contractor of any entity engaged to assist with the creation, administration, advertising, or management of the Sweepstakes; or (c) an immediate family member (defined as spouse, IRS-dependent, or biological, foster, in-law, adoptive, or step- mother, father, sister, brother, daughter, or son) of, or who resides in the same household as, any person in any of the preceding categories.
B. Agreement To Official Rules. Sweepstakes will be conducted in the Territory by Mid Country Machinery (the “Sponsor” or “Mid Country”), and each Eligible Company participating in the Sweepstakes (each a “Entrant”) unconditionally accepts and agrees to comply with, abide by, and have all participation subject to these Official Rules and the decisions of the Sponsor, which shall be binding with respect to all aspect of the Sweepstakes in the Territory.
C. To Be Eligible To Win. Prize will be awarded to the Eligible Company and not to any individual on behalf of the Eligible Company.
HOW TO PARTICIPATE.
Customer Sweepstakes Entry: All Customers, as defined in these rules, as of April 5, 2017, automatically receive ONE Entry into the Sweepstakes. No new purchase is required for this Entry. Any Eligible Company who becomes a new Customer during the Sweepstakes Period shall automatically receive ONE Entry into the Sweepstakes.
Bonus Entry: During the Sweepstakes Period, Customers will receive ONE ENTRY for each $5,000 worth of sales, rentals, parts, or service made by that Customer. Entries made under this method will be determined as follows: All Customer eligible purchases made between December 15, 2016 and October 20, 2017, for which accounts receivable or financial arrangements made with Mid Country are current, will be totaled and then divided by $5,000. Partial entries will not be made. For illustration purposes only: If a Customer’s eligible purchase total is $78,165.72, the Customer would receive 15 bonus entries for a total of 16 entries (1 Customer Sweepstakes Entry and 15 Bonus Entries).
Each shall be considered an “Entry”.
SWEEPSTAKES – PRIZES/ODDS/DETAILS. The odds of winning a prize in the Sweepstakes will depend on the actual number of eligible Entries received. ONE (1) prize total is available for distribution in the Territory.
A. Grand Prize; Approximate Retail Value One (1) Grand Prize: a brand new 2017 Ford F-150 Raptor Truck (ARV not to exceed $50,000). Specific features, color, accessories, modification, or other aspects of the prize are not guaranteed. Winner must take delivery of vehicle within 30 days of notice of availability from Sponsor’s Ft. Dodge, IA location. Winner must send a representative who holds a valid U.S. driver’s license and is able to provide proof of insurance on behalf of the Winner to take delivery. Grand Prize vehicle may differ from F-150 Raptor vehicle(s) shown in promotional materials (and Sponsor/Administrator disclaim any liability in conjunction with such difference). Winner will be responsible for insurance fees, sales tax, title, registration, license and cost of any available optional equipment not provided with vehicle. In addition, Winner will be responsible for all maintenance and care for the vehicle. No cash equivalent will be awarded.
Prizes are non-transferable. Sponsor is not responsible for lost or stolen prize once it has been provided. Prize is awarded “as is” with no warranty or guarantee express or implied by Sponsor. Sponsor disclaims all and any liability for the actual provision, quality or nature of any product or service provided by Sponsor, unless otherwise stated. The awarding of any prize is contingent upon full compliance with these Official Rules. Entrants agree to be bound by Official Rules and agree that if winner fails to provide proof of identity, refuses to provide required affidavit, is found to have violated Official Rules, or otherwise does not meet eligibility criteria, prize will be forfeited and Sponsor may award the prize to an alternate winner in a random drawing. Entrants understand that Sponsor is not liable for injuries, losses, or damages of any kind arising from participation in this promotion and acceptance, possession, and use of prize. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the sweepstakes or in the announcement of the prize. Decisions of Sponsor are final and binding in all respects.
B. Winner Selection. The winner will be randomly selected in a drawing to be conducted live on October 26, 2017 at approximately 7:00 p.m. CDT at the Sponsor’s location at 3478 5th Ave S Fort Dodge, IA 50501, from among all eligible Entries received during the Sweepstakes Period.
C. Potential Winner Contact. Winner does not need to be present to win. If not present, the potential winner(s) will be contacted via the current phone number an/or email on their Customer profile within two (2) business days after the drawing, and the potential winner will be required to reply to the email or phone message within five (5) business days to confirm receipt of the notification and obtain additional instructions. Failure to respond to Sponsor’s email or phone message within the stated time period will result in forfeiture of any potential winnings. Sponsor’s computer is the official timekeeper and all determinations are based upon Sponsor’s timekeeping device. The potential winner must also complete and return Prize Claim Documents within ten (10) business days, or the time period stated in the notification, or the potential winner may be disqualified and forfeit the prize.
D. Additional Prize Information. Sponsor may, at its sole and absolute discretion, select an alternative potential winner should any potential winner be disqualified. Receipt of the prize may not be assigned or changed except at the sole and absolute discretion of Sponsor. No Entrant may receive more than one (1) prize in any Sweepstakes from Sponsor within a calendar year. Prizes pictured in advertising, marketing, or promotional materials are for illustrative purposes only. In the event there is a discrepancy or inconsistency between statements contained in any such materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern and control.
5. PRIZE CLAIM DOCUMENTS. The Prize Claim Documents may include, but are not limited to: a Declaration or Affidavit of Eligibility (as solely determined by Sponsor), Release of Liability, a Publicity Release (where lawful), a Federal IRS form W-9 for tax filing purposes (for the year a prize is received) if required, and such other documents as may be determined by Sponsor. All Prize Claim Documents must be completed by an authorized representative of the Eligible Company who has authority to sign such documents, returned as provided in the directions to the potential winner, and completed in full. If verification results in forfeiture, the Eligible Company will not receive the prize. Upon prize forfeiture, no compensation will be given.
6. RELEASE. By receipt of any prize, Eligible Company declared as the winner agree to release and hold harmless Sponsor and any other third-party providers or their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Sweepstakes or receipt or use or misuse of any prize.
7. GENERAL PROVISIONS.
A. Modification, Suspension and Termination: If for any reason this Sweepstakes cannot be executed as planned, including but not limited to infection by virus, bugs, tampering, unauthorized intervention, fraud, technical failures, social media mandate, or any other causes beyond the control of Sponsor that corrupt or affect the security, administration, integrity, fairness, or proper conduct of this Sweepstakes, or if this Sweepstakes is compromised or becomes corrupted in any way, electronically or otherwise, Sponsor reserves the right, in its sole discretion, to void suspect entries/entrants and/or modify, suspend and/or terminate this Sweepstakes. If the Sweepstakes is terminated before the stated end date of the Sweepstakes Period, the Sponsor may, in its sole and absolute discretion, select the winners in a random drawing from among all eligible, non-suspect entries received as of the time/date of termination.
B. DisqualificationSponsor reserves the right, in its sole and absolute discretion, to disqualify any individual or business who tampers with or attempts to tamper with the entry process, who acts in a disruptive or unfair manner, or who attempts to enter using any falsified method. CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY CORRUPT OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR AND/OR PROMOTION ADMINISTRATOR RESERVE THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
C. Any attempt by Eligible Company to obtain more than the allowed number of entries by use of multiple/different/fictitious/false email addresses, identities, accounts, or any other methods shall void Entrant’s entry and Eligible Company will be disqualified from participation in the Sweepstakes.
D. D. By entering the Sweepstakes, Entrant fully and unconditionally agrees to be bound by these rules and the decisions of the Sponsor, which will be final and binding in all matters relating to the Sweepstakes.
E. E. Entrant agrees that the Sweepstakes and any prizes awarded are provide “AS IS” and the Sponsor makes no warranty, representation, or guarantee regarding the Sweepstakes or the prize(s), including, but not limited to, their quality, condition, merchantability, or fitness for a particular purpose. Sponsor will use standard business practices to manage the Entries and calculate the purchases but does not guarantee its records will be error-free; or there will be no errors in any content or promotion.
8. LIMITATIONS OF LIABILITY. All entries become the sole and exclusive property of the Sponsor. The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from participation in the Sweepstakes or receipt or use or misuse of any prize. If for any reason an Entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another Entry in the Sweepstakes, if it is possible. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
9. GOVERNING LAW, ARBITRATION AND DISPUTE RESOLUTION.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS THE WAY IN WHICH ANY CLAIM OR DISPUTE BETWEEN YOU AND THE SPONSOR IS RESOLVED.
A. Governing Law.Unless the laws of your jurisdiction require that the laws of that jurisdiction govern, in which case the laws of such jurisdiction shall govern, all claims arising out of the Sweepstakes and all issues and matters concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights of Entrant or Eligible Company (the “Participant(s)”), shall be governed by and construed in accordance with the laws of the State of Iowa and the United States of America, without regard to conflict of laws principles. Any and all disputes, claims, and causes of action arising out of, or connected with, the Sweepstakes shall be resolved individually, without resort to any form of class action.
B. Process. Any claim, controversy, or dispute (whether in contract, tort, or otherwise) arising directly or indirectly out of or related to the Sweepstakes shall be resolved exclusively by a final and binding arbitration administered by the American Arbitration Association (the “AAA”) and conducted before a sole arbitrator pursuant to the applicable Rules and Procedures established by the AAA. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16. The arbitration shall be conducted in the English language. The arbitration shall be held at a location determined by the AAA pursuant to the Rules and Procedures (provided such location is reasonably convenient for Participant), or at such a location as may be mutually agreed by the Participant and Sponsor. The arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the Participant may have entered into in connection with the Sweepstakes. The arbitrator shall apply the laws of the State of California consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law. To the extent permitted by law, Participant agrees that under no circumstances will the Participant be permitted to obtain an award for, and Participant hereby waives all rights to, consequential, incidental, punitive damages, or any other damages, and any and all rights to have damages multiplied or otherwise increased.
C. No Class Action or Consolidated Proceedings ANY ARBITRATION THAT OCCURS WILL TAKE PLACE ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS, CLASS ACTION SUITS OR CONSOLIDATED PROCEEDINGS ARE NOT PERMITTED AS A WAY TO RESOLVE ANY CLAIM OR DISPUTE.
D. Scope. This agreement to arbitrate claims and disputes is intended to be broad and includes, without limitation, (i) claims or disputes relating to any aspect of the Sweepstakes, whether based in contract, tort, statute, or any other legal theory, (ii) claims or disputes directly or indirectly arising from conduct or events that occurred prior to the effective date of these Rules (including, without limitation, claims relating to advertising), or after its termination, (iii) claims or disputes subject to class action litigation in which you are not currently a member of a certified class, and (iv) claims or disputes with any agent, employee, successor or assign of you or the Sponsor (all such claims and disputes are referred to collectively as “Claims”). This agreement to arbitrate does not, however, include Claims pertaining to intellectual property rights.
E. No Preclusive Effect. No award or finding or stipulation of fact by the arbitrator will have any preclusive or collateral estoppel effect in any other arbitration or court, unless it involves the exact same parties.
F. Severability. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable or illegal provision were not contained herein.
10. PUBLICITY. Except where prohibited by law, by entering the Sweepstakes, and as a condition of participating in this Sweepstakes, Entrant and Eligible Company agree to allow Sponsor and/or Sponsor's designee the perpetual right to use Entrant's and Eligible Company’s name, city and state of residence, photos and/or likeness, statements, voice and name for advertising, trade and/or any other purposes in any media now or hereafter known throughout the world in perpetuity, in any and all forms of media, now known or hereafter devised without further compensation, permission or notification.
ENTRANT AND ELIGIBLE COMPANY FURTHER ACKNOWLEDGE THAT IF SELECTED TO BE THE WINNER, ENTRANT'S IDENTIFYING INFORMATION AND/OR THE NAME OF THE WINNING ELIGIBLE COMPANY MAY BE DISCLOSED TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION, PLACING THEIR NAMES ON A WINNERS' LIST.
12. WINNERS LIST. For a list of Official Winners (the “List”), please visit www.midcountrymachinery.com after December 1, 2017.
13. SPONSOR. The Sweepstakes is sponsored in the Territory by Mid Country Machinery, Inc., 3478 5th Ave S, Fort Dodge, IA 50501.
© 2017 Mid Country Machinery, Inc. Mid Country Machinery™ and the Mid Country Machinery logo are trademarks of Mid Country Machinery, Inc. All trademarks, service marks, logos, products, or service names are the property of their respective owners. All Rights Reserved. This Sweepstakes is in no way sponsored, endorsed or administered by Ford Motor Company or any other third-party not specifically designated by Sponsor. Information is being provided to Sponsor in accordance to these Official Rules. All Rights Reserved.