Terms and Conditions - Collins Classic 22A Las Vegas Contest

Collins Classic 22A Las Vegas Contest Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCE OF WINNING. ROTHENBERGER, COLLINS CLASSIC 22A LAS VEGAS CONTEST (the “Promotion”) INVOLVES THE SUBMISSION OF A PHOTO WITH YOUR COLLINS CLASSIC 22A ON THE JOB AND TO LIKE OUR FACEBOOK PAGE. OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA AND CANADA (EXCLUDING QUEBEC) WHO ARE 18 YEARS OF AGE OR OLDER AND HAVE REACHED THE AGE OF MAJORITY IN THEIR JURISDICTION OF RESIDENCE AND LOCATED IN THE UNITED STATES OR CANADA (EXCLUDING QUEBEC) AT THE TIME OF ENTRY AND ELIGIBLE IN ACCORDANCE WITH THESE OFFICIAL RULES.

The Promotion is sponsored by Rothenberger USA, LLC (“Sponsor”) 7130 Clinton Road, Loves Park, IL 61111 (the “Promotion Address”).

 

1. Promotion Period

The Promotion begins at 12:00:00 p.m. Central Time (“CT”) on November 2, 2018 and ends at 11:59:59 p.m. CT on January 30, 2019 (the “Promotion Period”). Limit one (1) entry per person. Sponsor’s designated computer is the official time clock for this Promotion. An entry is deemed received when the Rothenberger USA Facebook page is liked and a photo entry is completed and logged by Sponsor in its designated computer.

 

2. How To Enter The Promotion

During the Promotion Period,

A. Like our Facebook page: /RothenbergerUSA

D. Take a picture of yourself  with your Collins Classic 22A on the jobsite and upload it to our Facebook page using #collinsclassic22a

 

3. Additional Requirements For Submissions

All identifiable individuals appearing in or referenced in a Submission must have provided their express, written consent (or the parent/legal guardian of the minors have provided such consent) for submission of a Submission and use of such Submission as contemplated in these Official Rules. In Sponsor’s sole discretion, anyone referenced by name or shown in a Submission (or the parent/legal guardian of any minors) may be required to execute and return consent forms / releases confirming the representations, warranties and grants of rights contemplated in the Official Rules. Sponsor and its designees reserve the right to disqualify any entrant who tampers or attempts to tamper with the entry procedure or violates these Official Rules. No third party entry or entry through any promotion or entry service is permitted. If for any reason the Promotion is not capable of being conducted as contemplated in the Official Rules, including if due to computer virus, bugs, tampering or technical failures which compromise the administration or integrity of the Promotion, Sponsor, in its sole discretion, reserves the right to terminate or modify the Promotion or these Rules without prior individual notice. Sponsor is not responsible for lost, late, incomplete, illegible, unintelligible, inaccurate, undelivered, postage-due, delayed, mutilated, or misdirected entries, correspondence, communications, requests, claims or other errors or problems in connection with or relating to the Promotion. Sponsor is also not responsible for human error of any kind, electronic hardware or software, network, Internet, computer or technological malfunctions, failures or difficulties of any kind, failed, incomplete, garbled or delayed computer transmissions, and/or any condition caused by events beyond the control of the Sponsor that may cause the Promotion to be disrupted or corrupted, including computer viruses, bugs, tampering unauthorized intervention or technical or other failures of any sort.

Submissions must comply with these Official Rules. All Submissions must be suitable for family audiences as determined by Sponsor in its sole discretion. Without limitation, this means that the photo and anything accompanying the photo (including, without limitation tags and captions) must not contain any material, words or images or other content that:

  • is indecent, obscene, hateful, tortious, defamatory, slanderous or libelous; promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • contains profanity or sexual content;
  • promotes alcohol, illegal drugs, tobacco, firearms or weapons;
  • promotes any third party product or service or otherwise contains commercial messages or endorsements regarding third party products or services;
  • is unlawful, in violation of or contrary to the laws or regulations of the United States or Canada;
  • has been copied or plagiarized. All Submissions must be the sole, original work of the designed entrant;
  • is proprietary to a third party, or otherwise defames, violates or infringes (or may infringe) any copyright, trademark, logo, mark or other identifier of source, or other proprietary right of any entity or person (whether living or deceased) (including but not limited to, rights of privacy or publicity / personality or portrayal in a false light).
  • appears to result in any injury or bodily harm; and/or
  • is lewd or inappropriate or offensive or not in keeping with Sponsor’s image, including nudity, acts of violence or acts that appear to cause harm or are otherwise objectionable to Sponsor.

Any Submission that, in Sponsor’s sole and absolute discretion, violates any of the above or other prohibitions and/or representations or warranties of entrant will not be posted online (or may be removed if previously posted) and will be disqualified from the Promotion. In the event that an Entry or Submission is edited, removed and/or disqualified, entrant is not relieved from responsibility for compliance with these Official Rules. Entrants and winners acknowledge and agree that Sponsor has the right to edit, adapt, modify, reproduce, promote and otherwise use or not use (or remove) any Entry in any way it sees fit without notification or further consent or payment of any kind.

 

4. Rights In And With Respect To Submissions

By entering the Promotion, you agree that (a) you have read or had read to you these Official Rules and you understand them and are in agreement with them, (b) you have received express, written permission for the use of the likeness and image of all identifiable people AND locations appearing in your submitted photo and grant to Sponsor the rights contemplated in the Official Rules. By submitting a Submission in connection with the Promotion you represent and warrant to Sponsor that (i) your Submission is your own original work, that if you are not the photographer of the submitted photo that you own the copyright in such photo and that you have the sole right to submit it to the Promotion; (ii) your Submission does not violate in any way rights of third parties, including but not limited to copyright and other intellectual property, privacy or publicity / personality rights; (iii) your Submission does not violate any applicable laws; (iv) you have obtained all necessary licenses or permissions from all applicable third parties required for the production and submission of the Submission in the Promotion and use by Sponsor as contemplated in these Official Rules; (v) the posting, copying, modifying, reproduction, public performance and communication and/or display of your Submission or other use by Sponsor or those deriving rights through Sponsor will not violate the rights of any parties or otherwise breach any provision of any applicable law or regulation; (vi) Sponsor has your irrevocable permission for the posting of any and all information included in your Submission in connection with any permitted use of your Submission; and (vii) use and posting copying, modifying, reproduction, public performance and communication of the Submission or any part of the Submission provided by you in any manner in connection with the Promotion or as otherwise permitted by these Official Rules may be made without any notice, review, approval, consideration or compensation (except for any awarded prize as contemplated in these Official Rules), regardless of whether your Submission is a winning Submission. By submitting your Submission to the Sponsor in connection with the Promotion you agree to and thereby irrevocably waive any and all moral rights that exist in your Submission and any derivative works made therefrom. All entrants hereby grant to Sponsor an everlasting, royalty-free, assignable, irrevocable, unrestricted license to use, utilize, replicate, alter, adapt, modify, publish, perform, broadcast, or otherwise communicate to the public in any media, throughout the world, translate, produce derivative works from, distribute, present, display, sublicense and exercise all copyright and other intellectual property and other rights with respect to each Submission worldwide and/or to include, in part or in whole, each Submission in other works in any media now known or later created, anywhere and forever, including in connection with promoting Sponsor, without further review, notice, approval, consideration or compensation. Except where legally prohibited, by submitting your Submission you irrevocably agree that your name and city and state or jurisdiction of residence may be used in connection with the permitted use of the rights contemplated by this paragraph. In Sponsor’s sole discretion, anyone appearing in the Submission (or the parent/legal guardian of any minors) may be required to execute and return consent forms / releases confirming the representations, warranties and grants of rights contemplated in the Official Rules. Sponsor may, at its election, post Submissions that appear to be compliant with the Official Rules on the Site or elsewhere, with or without attribution.

By entering, you agree to irrevocably waive any rights you may have throughout the world to any Submission submitted, including any and all moral rights that exist in the Submission and any derivative works made therefrom.

 

5. Eligibility

The Promotion is open to legal residents of the fifty (50) United States (including the District of Columbia) and Canada (excluding the province of Quebec), who are eighteen (18) years of age or older and of the age of majority in their jurisdiction of residence as of the date of entry submission and eligible in accordance with these Official Rules. Void in all other jurisdictions. Employees, contractors, directors and officers of Sponsor, its subsidiary and affiliated entities, advertising, and promotional agencies involved in the administration, development, fulfillment and execution of this Promotion or provision of any prize. The Promotion is subject to all federal, state, provincial and local laws. Void where prohibited or where restricted by law in a manner inconsistent with these Official Rules.

AN ENTRANT’S ENTRY INTO THIS PROMOTION IS A REPRESENTATION THAT THE ENTRANT HAS COMPLIED WITH, WILL COMPLY WITH, AND AGREES TO BE BOUND BY THESE OFFICIAL RULES. AUTOMATED OR BULK ENTRIES SUBMITTED BY THIRD PARTIES WILL BE DISQUALIFIED. INCOMPLETE, ILLEGIBLE, CORRUPTED, OR UNTIMELY ENTRIES ARE VOID AND WILL BE DISQUALIFIED. Each entry must be submitted by the Entrant.

 

6. Prizes

COLLINS CLASSIC 22A LAS VEGAS CONTEST Prize: There is one (1) COLLINS CLASSIC 22A LAS VEGAS CONTEST Prize available to be awarded in this Promotion.

·        The winner will receive a 3-night trip for two to Las Vegas, Nevada. Trip will include:

o    Three (3) nights hotel accommodations to be chosen by Rothenberger based on single room/double occupancy.

o    Round-trip airfare from a major airport within the 48 contiguous US.

The ARV of prize is: $850. The ARV may vary based upon dates of travel and point of departure. Trip must be taken by July 1, 2019.  If the actual value of a prize is less than the stated ARV, the difference will not be awarded.

Drawing will be held on January 31, 2019. The winner will be selected at random from among all eligible entries received during the Sweepstakes Period by the Sweepstakes Administrator whose decisions are final.

Prizes: Prize will be scheduled with the confirmed winner within four (4) to six (6) weeks of the conclusion of the applicable determination of winner. Failure of a winner to take possession of a prize within 30 days of the earlier of Sponsor’s designation of availability or attempted delivery will result in disqualification. Sponsor has not made, and Sponsor is not responsible in any manner for, any warranties, representations, or guarantees, express or implied, in fact or law, relating to any prize, or regarding its use, value or enjoyment, including without limitation, its quality, mechanical condition, merchantability, or fitness for a particular purpose, with the exception of any standard manufacturer’s warranty that may apply to the prize or any components thereof. Prizes are nontransferable and no substitution of prize by winner is allowed. No transfer or substitution of prizes permitted except where required by law except as follows: Sponsor reserves the right, in its sole discretion, to substitute prizes (or portion of prize) with prizes (or portion of prizes) of equal or greater value. Sponsor and the Promotion Parties assume no responsibility or liability for damages, losses, or injury connected to or resulting from acceptance or use of prize or participation in the Promotion. All travel related expenses, including but not limited to, ground transportation to and from home, taxes, gratuities, incidentals, upgrades, insurance, service charges, airport surcharges, departure taxes, hotel, resort or property fees, luggage fees, food & beverage and personal expenses such as telephone/Internet charges, and gift shop purchases are the sole responsibility of prize winner. Winner and travel companion must travel on same itinerary. Sponsor reserves the right to request from any entrant additional documentation it reasonably believes is necessary to validate any Submission or to award any prize. All federal, state, local, municipal and provincial taxes and any expenses, costs, duties or fees associated with the acceptance and/or use of any prize are the sole responsibility of the winner. To be confirmed a winner, any selected entrant who resides in Canada, may be required to correctly answer, without assistance of any kind, whether mechanical or otherwise, an arithmetic skill test question. The value of the prize will be taxable to the winner as income. All federal, state and local taxes and any other costs and expenses associated with the acceptance and/or use of a prize not specifically provided for in these Official Rules are solely each winner's responsibility. Each winner is solely responsible for reporting and paying any and all applicable taxes. Winners must provide the Administrator or Sponsor with valid identification and a signed Declaration before any prize will be awarded. Any residents of the United States that win $600 or more in prizes will have income reported to them on IRS Form 1099, and a copy of said form will be sent to the IRS.

 

7. Release and Limitations of Liability

BY PARTICIPATING IN THE PROMOTION, PARTICIPANTS AGREE TO RELEASE AND HOLD HARMLESS ROTHENBERGER USA, LLC, ITS AFFILIATES, SUBSIDIARIES, ADVERTISING AND PROMOTIONAL AGENCIES, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (THE “PROMOTION PARTIES”) FROM AND AGAINST ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF PARTICIPATION IN THE PROMOTION OR RECEIPT OR USE OF ANY PRIZE, INCLUDING PROPERTY DAMAGE, PERSONAL INJURY OR DEATH. EACH PARTICIPANT FURTHER AGREES THAT IN ANY CAUSE OF ACTION, THE PROMOTION PARTIES’ LIABILITY WILL BE LIMITED TO THE DIRECT, OUT OF POCKET COST OF PARTICIPATING IN THE PROMOTION, AND IN NO EVENT SHALL THE PROMOTION PARTIES BE LIABLE FOR ATTORNEYS’ FEES, PUNITIVE, CONSEQUENTIAL, DIRECT OR INDIRECT DAMAGES AND EACH PARTICIPANT WAIVES THE RIGHT TO CLAIM ANY DAMAGES WHATSOEVER.

7.1. Release of Claims (General)

Each entrant agrees to (i) indemnify and hold Sponsor and the Promotion Parties, harmless from any and all liability resulting or arising from the Promotion, and (ii) release all rights to bring any claim, action or proceeding against the Promotion Parties. All entrants hereby acknowledge that the Promotion Parties have neither made nor are in any manner responsible or liable for any condition, warranty, representation or guarantee, express or implied, in fact or in law, relative to any prize, including express warranties provided exclusively by any prize supplier that may accompany a prize. Some jurisdictions may not allow the limitations or exclusions of liability for incidental or consequential damages or exclusion of implied warranties, so some of the above limitations or exclusions may not apply.

7.2. Release of Claims (California)

Each entrant acknowledges that there is a possibility that, subsequent to his/her involvement with the Promotion and adherence to this Official rules s/he may discover facts or incur or suffer claims which were unknown or unsuspected at the time agreeing to these Official Rules, and which if known by her/him at that time may have materially affected his/her decision to participate in the Promotion. Such entrants acknowledge and agree that by reason of these Official Rules, and the release contained in the preceding subsections, s/he is assuming any risk of such unknown facts and such unknown and unsuspected claims. Such entrants acknowledge that they have read these Official Rules and, as such, hereby have been advised of the existence of Section 1542 of the California Civil Code, which provides: “A general release does not extend to claims that the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

7.3. Full Release

Notwithstanding such provisions, this release shall constitute a full release in accordance with its terms. Such entrants knowingly and voluntarily waive any statute, law, or rule of similar effect, and acknowledge and agree that this waiver is an essential and material term of this release, and without such waiver s/he would not have been permitted to participate in the Promotion or compete for or receive a prize. Such entrants acknowledge and understand the significance and consequence of this release and of this specific waiver of such laws.

 

8. General Conditions

Subject to applicable law, Sponsor reserves the right to change these rules at any time without prior individual notice. At the sole discretion of Sponsor, all entries are subject to verification. Anti-fraud detection devices may be used to verify winner.

8.1. Fraud / Tampering / Unsportsmanlike Conduct.

The Promotion Parties are not responsible for any incorrect or inaccurate entry information; human errors; technical malfunctions; or failures, relating to or resulting from participation in this Promotion; theft, tampering, destruction, or unauthorized access to, or alteration of, entries; data that is processed late or incorrectly or is incomplete or lost for any other reason whatsoever, including typographical, printing or other errors, or any combination thereof. The Promotion Parties also are not responsible for lost, late, incomplete, damaged, stolen, misdirected, or illegible entries; or miscommunications or other errors or malfunctions of any kind whether, human, mechanical, electronic or otherwise. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, 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 at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the entry process and/or the legitimate operation of the Promotion; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. All entries become the property of Sponsor and may not be acknowledged or returned. E-mail entries are not permitted. Sponsor reserves the right to disqualify any entrant at any time as determined in Sponsor’s sole discretion, should such person at any stage of the Promotion: (a) fail to comply with these Official Rules; (b) supply any untruthful, inaccurate or misleading personal details and information; (c) refuse or fail to provide proof of identity and/or eligibility if requested by Sponsor at any time; (d) use technology to gain an unfair advantage over any other entrant; (e) engage in unlawful conduct or misconduct, including without limitation, harming or threatening to harm any other entrant or Promotion Parties’ personnel, exercising violent behavior, or potential or actual cheating; and (f) purposely impede the work of Promotion Parties and/or the implementation of the Promotion. The disqualification of an entrant shall be final and not subject to appeal or review for any reason whatsoever.

8.2. Construction of Official Rules

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. Neither Sponsor, the Promotion Parties, nor anyone acting on their behalf will enter into any communications with any Promotion entrant regarding this Promotion, except as expressly set forth in these Official Rules. The invalidity or unenforceability of any provision of these 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 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. The headings of the paragraphs in these Official Rules are for the convenience of reference only, and do not form a part hereof, and in no way define, limit, describe, modify, interpret or construe the meanings of Sponsor, the scope of these Official Rules, or the intent of any paragraph hereof. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Sponsor is not responsible for any electronic or typographical error in the posting, printing or reproduction of these Official Rules, administration of the Promotion or in the announcement of any the prizes. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor.

8.3. Termination Provisions

Except as prohibited by law, Sponsor reserves the right to terminate this Promotion in the event of a force majeure or other failures or difficulties. If, for any reason, the Promotion is not capable of running as planned, including tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor, which corrupt or affect the operation, administration, security, fairness, integrity, or proper conduct of this Promotion, Sponsor may, in its sole discretion, (i) void any suspect entry or (ii) suspend the Promotion to address the impairment and then resume the Promotion in a manner that best conforms to the spirit of these Official Rules. Sponsor reserves the right to suspend or modify this Promotion at any time without notice or obligation. If such modification or suspension occurs, Sponsor will make a commercially reasonable effort to post notice of such on Sponsor’s website.

8.4. Arbitration Provision

By participating in this Promotion, each entrant agrees that any claim, dispute, or controversy (whether in contract, tort, otherwise) that it may have with, or claims it may have against, Sponsor or the Promotion Parties arising out of, relating to, or connected in any way with the Promotion, the awarding or redemption of the prize or merchandise, or the determination of the scope or applicability of this agreement to arbitrate, shall be resolved exclusively by private, final and binding arbitration administered by the National Arbitration Forum (“Forum”) and conducted before a sole arbitrator pursuant to the Forum’s Code of Procedure. Further, each entrant agrees that: (a) This arbitration agreement is made pursuant to and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (b) the arbitration shall be held in Milwaukee, Wisconsin, USA or at such other location as may be mutually agreed by the entrant and Sponsor/Patron; (c) 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 applicable entrant may have entered into in connection with the Promotion; (d) the arbitrator shall apply Wisconsin law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (e) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the entrant’s and/or Sponsor’s individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; and (f) the arbitrator shall not have the power to award punitive damages against the entrant, Sponsor or Promotion Parties. Moreover, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Code of Procedure established by the Forum, the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. For more information on the Forum and/or the Forum’s Code of Procedure, please visit its website at www.arb-forum.com or contact the Forum at National Arbitration Forum, P.O. Box 50191, Minneapolis, MN 55405, 877-655-7755.

8.5. Choice of Law; Severability

All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the parties in connection with the Promotion shall be governed by, and construed in accordance with, the laws of the State of Wisconsin, USA without regard to choice of law or conflicts of laws principles under Wisconsin law or any other jurisdiction which would cause the application of the laws of any jurisdiction other than the State of Wisconsin. Any provision of these Official Rules which is invalid or unenforceable in any jurisdiction within the 50 United States including DC and Canada (excluding Quebec) shall, as to that jurisdiction, be ineffective to the extent of such invalidity or unenforceability without rendering invalid or unenforceable the remaining provisions of these Official Rules or affecting the validity or enforceability of any of the provisions of these Official Rules in any other jurisdiction.

8.6. Further Documentation

If Sponsor shall desire to secure additional assignments, certificates or other documents as Sponsor may reasonably require in order to effectuate the purposes and intents of theses Official Rules and the Promotion, then each entrant agrees to promptly sign and deliver to Sponsor the same upon Sponsor’s request therefore. For additional copies of the Official Rules, please send an email with the subject line ROTHENBERGER USA, LLC, COLLINS CLASSIC 22A LAS VEGAS CONTEST Winner’s List to orders-us@rothenberger.com. Requests must be received within six months of the end of the Entry Period, unless a longer time is expressly permitted by law.