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SUMMARY of RULES
WHEN: Winner selected Thursday, October 19 at 3:30 p.m.
WHERE: Equip Expo in Louisville, KY
WHAT:
(1) Hustler 60” X-ONE (model #941898) MSRP $15,296
(2) Hustler 52” Super S (model #943142) MSRP $13,926
(3) Hustler 36” TrimStar (model #939496) MSRP $7,990
(4) 18' Tandem Axle Trailer MSRP $6,000
(5) $1,000 Gift Card to Ballard Inc.
- Must be present to register and win
- Must be 18 years or older
- No purchase necessary
See full terms and conditions below including tax implications and collection of the prize.
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.
The Hustler® Landscaper Trailer Giveaway 2023 (“Giveaway”) is sponsored by Hustler®, a division of Black & Decker (US) Inc. 200 S Ridge Rd, Hesston, KS 67062 (“Sponsor”). This Giveaway will be held at the Hustler Booth Number 5116 at the Equipment Expo 937 Phillips Ln, Louisville, KY 40209. The entry period is October 18, 2023, 9:00 a.m. to 5:00 p.m. and October 19, 2023, 9:00 a.m. to 3:00 p.m. Eastern Time (“ET”) (the “Entry Period”). Sponsor’s clock is the official Giveaway timekeeper. By entering this Giveaway, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and decisions of Sponsor which shall be final and legally binding in all respects. Each entrant understands that they are providing their information to Sponsor, and the information provided will be used in accordance with Sponsor’s privacy policy (https://www.stanleyblackanddecker.com/privacy-policy). Should there be conflict between Sponsor’s privacy policy and these Official Rules, these Official Rules shall govern. Any personally identifiable information collected during an entrant's entry in this Giveaway will be collected by Sponsor or its designee and used by Sponsor and/or its designees for purposes of the proper administration, fulfillment, publicizing and promotion of this Giveaway as described in these Official Rules, as stated in Sponsor’s privacy policy or as otherwise expressly consented to by entrant during any separate opt-in opportunity provided to entrant during this Giveaway. If an entrant does not fully agree to the terms of the Privacy Policy, such entrant should not enter this Giveaway. Limit of one (1) Entry per person; (1) Winner to be declared; and (1) Prize to be awarded. Subject to federal, state and local laws and regulations. Void where prohibited.
1. ELIGIBILITY: This Giveaway is open only to persons who are legal residents of USA (50 states or Wash., DC), the age of eighteen (18) AND a Landscape or Hardscape Professional attending the Equipment Expo. Employees, their immediate families (spouse, domestic partner, children, siblings, parents, grandparents, grandchildren and stepfamily members) and/or people living in the same household (related or not) of Sponsor, Stanley Black & Decker, Inc., dealers, or their affiliates (individually and collectively, “Giveaway Entities”) are not eligible to enter.
2. HOW TO ENTER: Entrants may enter this Giveaway, during the Entry Period only, as follows:
(A) visit the Hustler TurfEquip Expo booth #5116;
(B) scan QR code and signup to receive marketing communications;
(C) agree to the Giveaway Official Rules and Terms of Use;
(D) Entrants are required to be present in the Hustler booth at the time of the random drawing to win
Limit of one (1) Entry per person. Entry in this Giveaway constitutes permission (except where prohibited by law) to use entrant’s name, city, state, likeness, image and Entry for purposes of advertising, promotion and publicity in all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission or approval. All Entries become the property of Sponsor and will not be returned and may not be acknowledged. If Sponsor determines that an entrant has entered this Giveaway more than once, such entrant’s first Entry will be the only valid Entry and the other entries will be voided. If this Giveaway is not completed in accordance with these Official Rules, the entrant’s entry will be voided. Tampering with the entry process or the operation of this Giveaway is prohibited and any entries deemed by Sponsor, in its sole and absolute discretion, to have been entered in this manner will be void.. An entry will be disqualified if it is forged, falsified, altered or improperly tampered with in any way.
3. RANDOM SELECTION: The random drawing will be held on or about 3:30 p.m. ET on October 19, 2023. The one (1) Entry drawn will be declared the potential “Winner”. ENTRANTS ARE REQUIRED TO BE PRESENT TO WIN. Odds of winning depend on the total number of valid Entries received by Sponsor during the Entry Period. The potential Winner must comply with all terms and conditions of these Official Rules and winning the prize is contingent upon fulfilling all such requirements. AN ENTRANT IS NOT THE OFFICIAL WINNER UNLESS AND UNTIL ENTRANT'S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN ADVISED BY SPONSOR THAT VERIFICATION IS COMPLETE.
4. NOTIFICATION / PRIZE ACCEPTANCE: The potential Winner will be determined at the time of participation in the Giveaway. The potential Winner must accept the respective prize by returning to Sponsor a completed and personally signed (a) IRS tax form W-9, and (b) Affidavit of Eligibility, Liability/Publicity Release (except where prohibited by law) confirming such potential Winner’s compliance with these Official Rules and releasing the Released Parties from any liability in connection with such potential Winner’s Entry in this Giveaway and their acceptance, possession, use or misuse of the prize within five (5) business days of Sponsor’s first notification attempt -- failure to do so will result in forfeiture of the prize. Sponsor shall have no liability for any notification that is not received by the potential Winner for any reason. If the potential Winner does not respond to notification and accept the prize as required herein or if prize notification is returned as unclaimed or undeliverable, such potential Winner will be disqualified and forfeit prize. If the potential Winner is found to be ineligible, has not complied with these Official Rules or declines the prize such potential Winner will be disqualified and forfeit prize. If the potential Winner is disqualified or forfeits prize, Sponsor may, but shall not be required to, select an alternate potential Winner.
5. PRIZE: The Prize is comprised of the following:
(1) Hustler 60” X-ONE (model #941898) MSRP $15,296
(2) Hustler 52” Super S (model #943142) MSRP $13,926
(3) Hustler 36” TrimStar (model #939496) MSRP $7,990
(4) 18' Tandem Axle Trailer MSRP $6,000
(5) $1,000 Gift Card to Ballard Inc.
The prize is non-assignable and non-transferable and has no credit or cash value. Sponsor reserves the right, in its sole and absolute discretion, to substitute the prize for one of equal or greater value, for any reason. The Winner MUST personally retrieve the Prize Vehicle from specified delivery site Southern Lawn Equipment, 4505 Corey Dr NE, Lanesville, IN within sixty (60) days of written notification of delivery. The prize ARV represents Sponsor’s good faith determination, is final and binding and cannot be challenged or appealed. All income and other taxes (federal, state and local) on the Prize are the sole responsibility of the Winner. THE WINNER IS ADVISED TO SEEK INDEPENDENT COUNSEL REGARDING THE TAX IMPLICATIONS OF ACCEPTING THE PRIZE. AN IRS TAX FORM 1099 WILL BE ISSUED TO THE WINNER FOR THE AMOUNT OF $44,212.
6. PUBLICITY RELEASE/DISCLOSURE OF WINNER: Acceptance of the prize constitutes the Winner's permission for Sponsor to use the Winner's name, photograph, video, image, likeness, voice, biographical information, statements, testimonial (in whole or part), prize information and address (city and state) (collectively, "Attributes") for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter devised, in perpetuity, without further compensation or authorization (except where prohibited by law) and the Winner releases Sponsor from all claims arising out of the use of such Attributes. Sponsor may publish or disclose Winners name upon written request where required by law.
7. ENTRY CONDITIONS AND RELEASES: By entering this GIVEAWAY, EACH ENTRANT AGREES for entrant and for entrant’s heirs, executors, administrators, representatives, insurers and assigns: (A) to release and hold harmless and indemnify the Giveaway Entities, Giveaway prize suppliers, all individuals and entities involved in fulfilling, administering, advertising or promoting this Giveaway and each of their respective past and present officers, directors, parent companies, subsidiaries, affiliates, employees, representatives, licensees and agents (collectively, “Released Parties”) from any and all claims, expenses, liabilities, personal injury, death, illness, property loss, litigation or damages of any kind to persons and/or property (including but not limited to invasion of privacy under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory, defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights) that may occur, directly or indirectly, whether caused by negligence or not, arising out of such entrant’s entry in Giveaway and/or such entrant’s acceptance, possession, use and/or misuse of the prize; and (B) to indemnify, defend and hold harmless Released Parties from and against any and all claims, expenses and/or liabilities arising out of or relating to such entrant’s entry in this Giveaway and/or entrant’s acceptance, use and/or misuse of prize. Released Parties are not responsible for, and each entrant hereby releases the Released Parties from, any claims arising from: (i) lost, late, illegible, mutilated, misdirected, damaged, corrupted, inaccessible, inaccurate or incomplete entries, ; (ii) technical failures of any kind, including but not limited to the malfunctions or interruptions of any computer, equipment, cable, network, hardware or software, programming, or technical problems or traffic congestion on the Internet; (iii) unauthorized human intervention in the entry process or technical or human error which may occur in the administration of or processing of Entries in this Giveaway; and (iv) theft, tampering, destruction, or unauthorized access to, or alteration of entries. Sponsor is not responsible for any electronic or typographical errors in the printing, advertisement or reproduction of these Official Rules, in any advertisement or promotional material related to this Giveaway (print or online) or in administration of this Giveaway including but not limited to depiction of the prize or announcement of the Winner.
8. RELEASE OF CLAIMS (CALIFORNIA): Each entrant acknowledges that there is a possibility that, subsequent to their involvement with this Giveaway and adherence to these Official Rules they 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 them at that time may have materially affected their decision to enter this Giveaway. Such entrants acknowledge and agree that by reason of these Official Rules, and the release contained in the preceding subsections, they are 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.”
9. DISQUALIFICATION/FORCE MAJEURE: Sponsor reserves the right to modify, extend or terminate this Giveaway if it determines, in its sole discretion, that this Giveaway is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of this Giveaway as contemplated herein. If an insufficient number of eligible Entries are received and/or Sponsor is prevented from awarding the prize or continuing with this Giveaway as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health or other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, or any federal, state or local government law, order, or regulation, public health crisis, pandemic (e.g. Coronavirus/Covid-19), order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), Sponsor shall have the right to modify, extend or terminate this Giveaway. If this Giveaway is terminated before the designated end date, Sponsor will (if possible) select the potential Winners in a random drawing from all eligible, non-suspect Entries received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances.
10. DISPUTES: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Giveaway or the prize awarded shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Giveaway, but in no event attorneys' or legal fees; and (3) unless otherwise prohibited, under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules shall be governed by, and construed in accordance with, the laws of the State of Maryland without giving effect to any choice of law or conflict of law rules (whether of State of Maryland or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Maryland.
11. OFFICIAL RULES/WINNERS LIST: To obtain these Official Rules or Winners List, send a self-addressed envelope to Hustler® Landscaper Trailer Giveaway 2023, 200 S Ridge Rd, Hesston, KS 67062, Attn.: M. Friesen. All such requests must be received by November 30, 2023.