NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. YOU HAVE NOT YET WON. MUST BE A LEGAL RESIDENT OF THE 50 U.S. OR D.C., AND AT LEAST 18 (OR 19 FOR RESIDENTS OF AL AND NE) YEARS OF AGE, AND ARE CURRENT LANDSCAPE BUSINESS OWNERS AS OF THE DATE OF ENTRY INTO GIVEAWAY. VOID WHERE PROHIBITED BY LAW.
Sponsor & Prize Provider: Turfco Manufacturing, Inc., 1655 101st Ave NE, Blaine, MN 55449.
1. Acceptance of Official Rules: By entering the Turfco 2021 "T5000 Ride-on Applicator Giveaway" (the "Giveaway") you hereby accept and agree to these official rules (the "Official Rules") of this Sweepstakes, and the decisions of the Administrator in connection with this Sweepstakes, whose decisions are final.
2. Eligibility: The Giveaway is open only to persons who, as of date of entry, are legal residents of the 50 United States and District of Columbia, are at least 18 years of age or older (or 19 years of age or older in AL and NE), and are current owners of a landscape business. Employees, retirees, and agents of Turfco (including their families and persons living in their households), and each of their parents and affiliates, agencies, distributors, wholesalers and retailers, and members of such employees’ immediate families and individuals living in the same household with such employees, are not eligible to enter or win. For purposes of the Giveaway, “immediate family members” means parents, spouses, children, siblings, in-laws, grandmother, or grandfather.
3. Giveaway Period: The Giveaway period begins on January 14, 2021 at 12:01:00 AM Central Time (“CT”) and ends at 11:59:59 PM CT on June 30, 2021 (the "Giveaway Period").
4. How to Enter: You can enter the Giveaway by visiting www.turfco.com/Giveaway-T5000 (the "Website") during the Giveaway Period. Entrants must complete an entry form by completing all required information on the website (which will include your full name, full address, city, state, zip code, telephone number, email address), and agreeing to the Official Rules. Limit: One (1) entry per person during the entire Giveaway Period. All entries must be received by 11:59:59 PM CT on June 30, 2021 to be eligible.
5. Prizes and Approximate Retail Values (“ARV”): One (1) Grand Prize: Turfco T5000 Ride-On Sprayer/Spreader Applicator to be awarded to the landscape business where the winning owner/operator is employed. ARV: $14,995.00. Six (6) First Prizes: YETI® Rambler Mug (14 oz.). ARV: $24.99 each. Total ARV of all prizes is $15,144.94. All other expenses, including all federal, state and local taxes (including applicable income taxes) and fees incurred are the winner’s sole responsibility. All taxes, fees, and surcharges on the prize are the prize winner's responsibility. Prizes are non-transferable.
6. Prize Restrictions: Certain terms and restrictions may apply and will be furnished upon prize delivery. No assignment, transfer, conversion to cash or substitution of a Prize is permitted, except Administrator reserves the right to substitute a Prize with a prize of comparable or greater value should a Prize or its components become unavailable. Prizes are solely for commercial use and may not be used in conjunction with any other promotion. All Prize details are at the sole discretion of the Giveaway Entities.
7. Odds/ Prize Drawings/Winner Notification: There will be six (6) separate First Prize random drawings to award one (1) First Prize per drawing, to occur on the following dates: 2/1/21, 3/1/21, 4/1/21, 5/3/21, 6/1/21 and 7/1/21. All non-winning entries from any First Prize random drawing WILL roll over to subsequent First Prize random drawings. Odds of winning a First Prize depends on the number of eligible entries received up until the applicable First Prize random drawing date. Limit one (1) First Prize per person during the entire Giveaway Period. Each First Prize winner WILL be included in the Grand Prize random drawing. A Grand Prize random drawing will occur on or about 7/1/21 from among all eligible entries received during the entire Giveaway Period. Odds of winning the Grand Prize depend on the number of eligible entries received during the entire Giveaway Period. The random drawings will each be conducted by Sponsor, whose decisions are final and binding in all respects. Potential Prize winners (the "Prize Winners") will be notified by email and/or by phone within 7 days from the applicable drawing date. If a potential Prize Winner cannot be reached after a reasonable effort has been made during five (5) business days from the first notification attempt, such person may be disqualified, with an alternate Prize Winner selected in accordance with these Official Rules. Up to five attempts for new alternates per Prize will be conducted. If attempts fail, unclaimed Prize will not be awarded.
8. Prize Taxes: All federal, state, local and other tax obligations arising from this Giveaway, including, without limitation, winning a Prize, will be the sole responsibility of each Prize Winner.
9. Affidavit of Eligibility/Liability Release and Publicity Release: Prize Winners may be required to complete, execute and return an Affidavit of Eligibility/Liability Release, and where lawful, a Publicity Release (collectively, the "Release Forms") within five (5) days of receipt of such Release Forms via notification of winning correspondence. Failure to return Release Forms in a timely manner, or if a Prize notification or a Prize is returned as non-deliverable, or if a Prize Winner is found not to be eligible or not in compliance with these Official Rules, may result in disqualification with an alternate Prize Winner selected in accordance with these Official Rules.
10. Publicity Release Terms. Except where prohibited by law, a Prize Winner's acceptance of a Prize constitutes permission for the Giveaway Entities its licensors and owners to use Prize Winner's name, photograph, likeness, statements, biographical information, voice, and facility name (city and state) worldwide and in all forms of media, in perpetuity, without further compensation.
11. Improper Conduct: Administrator, in its sole discretion, may disqualify any entrant from participation in or use of any or all portions of this Giveaway, and refuse to award a Prize or any part of a Prize, if entrant engages in any conduct Administrator deems to be improper, unfair or otherwise adverse to the operation of the Giveaway or detrimental to other entrants of the Giveaway. Such improper conduct includes, without limitation, falsifying personal information required during entrant registration or Prize claim, violating any term or condition stated herein, accumulating entries through methods such as automated computer scripts or any other programming techniques, allowing others to use entrant's personal information for the purpose of accumulating entries, or intentionally trying to defraud, reverse engineer, disassemble or otherwise tamper with the computer programs in connection with this Giveaway. Entrants agree that Administrator may void any part of a Prize that entrant may have won and/or require the return of any part of a Prize that entrant may have won as a result of such improper conduct. Entrant further acknowledges that any forfeiture of a Prize and/or return of a Prize shall in no way prevent Administrator from pursuing other avenues of recourse such as criminal or civil proceedings in connection with such conduct. WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS GIVEAWAY MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, EACH OF THE GIVEAWAY ENTITIES RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
12. Integrity of Giveaway: If, for any reason, the Giveaway is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, cancellation of show, scheduling changes or any other causes which Administrator, in its sole opinion believes could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Giveaway, Administrator reserves the right at its sole discretion to cancel, terminate, modify or suspend this Giveaway and select the Prize Winners from entries received prior to the action taken or in such other manner as Administrator may deem fair and appropriate.
13. Lost or Corrupted Entries: The Giveaway Sponsor, and their parents, affiliated and subsidiary companies, licensors, and advertising and promotion agencies, assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, lost, late, incomplete, corrupted, stolen, misdirected, illegible or postage due entries or mail, if applicable; or for any computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, unauthorized human intervention, or the incorrect or inaccurate capture of entry or other information, or the failure to capture any such information. The Giveaway Sponsor, and their parents, affiliated and subsidiary companies, licensors, advertising and promotion agencies, are not responsible for any incorrect or inaccurate information, whether caused by registration information submitted by end users or tampering, hacking, or by any of the equipment or programming associated with or utilized in this Giveaway, and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the Giveaway.
14. Damaged Property: Giveaway Sponsor, and their parents, affiliated and subsidiary companies, licensors and advertising and promotion agencies, assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, injury or damage to any entrants or to any other person's computer or property related to or resulting from participating in this Giveaway or downloading materials from this Giveaway.
15. Giveaway Errors: The Giveaway Sponsor, and their parents, affiliated and subsidiary companies and advertising and promotion agencies and licensors, assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, errors and/or ambiguity: (a) in the Giveaway; (b) in any related advertising or promotions of this Giveaway; and/or (c) in these Official Rules. In the event of any ambiguity(s) or error(s) in these Official Rules, Sponsor reserves the right to modify these Official Rules for clarification purposes or to correct any such ambiguity or error(s) without materially affecting the terms and conditions of the Giveaway.
16. Prizes and Prize Winners: The Giveaway Sponsor, and their parents, affiliated and subsidiary companies and advertising and promotion agencies and licensors, assume no liability and are not responsible for, and you/entrant hereby forever waive/s any rights to any claim in connection with, the selection and announcement of a Prize Winner, the distribution of a Prize, the acceptance/possession and/or use/misuse of any part of a Prize and/or any injury or damage to any entrant's or third person's property related to or resulting from any part of a Prize or any part of this Giveaway.
17. Release and Indemnity: Each entrant in this Giveaway, including, without limitation, a Prize Winner, hereby releases and agrees to hold harmless the Giveaway Sponsor and their parents, affiliates, subsidiaries, advertising and promotion agencies and licensors, and their respective directors, officers, employees, representatives and agents from any and all liability for any injuries, loss or damage of any kind to person, including death, and property, arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of a Prize, participation in this Giveaway and participation in any activity related to this Giveaway.
18. Limitation of Liability: IN NO EVENT WILL THE GIVEAWAY SPONSOR, THEIR PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES, LICENSORS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE GIVEAWAY OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE GIVEAWAY. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
19. Disclaimer of Warranties: THE GIVEAWAY AND PRIZES 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 OR NON-INFRINGEMENT.
20. Identity Disputes: In the event of a dispute as to the identity of a winner based on a text message, the winning entry will be declared made by the Authorized Account Holder of the cellular phone submitted at time of entry. For purposes of these Official Rules, "Authorized Account Holder" is defined as the natural person who is assigned to cellular phone by a mobile phone company that is responsible for assigning cellular phone numbers for the number associated with the submitted text message.
21. Binding Arbitration: The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules and/or this Giveaway. Any controversy or claim arising out of or relating to these Official Rules and/or this Giveaway shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of Minnesota, in the City of Blaine, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
22. Governing Law and Jurisdiction: This promotion is governed by US law and is subject to all applicable federal, state and local laws and regulations. Void where prohibited by law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Administrator in connection with this Giveaway, shall be governed by, and construed in accordance with, the laws of the State of Minnesota, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 21 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of Minnesota, in the City of Blaine.
23. Winner List/Official Rules: For the name of the Prize Winners or Official rules, please visit www.turfco.com/Giveaway-T5000 website by August 30, 2021.
YETI, Rambler and their respective logos are trademarks or registered trademarks of YETI Coolers, LLC.