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Buttars Tractor Giveaway

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Giveaways - Official Rules

 

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

 

The Buttars Tractor – Tremonton, Incorporated Tractor Giveaway Sweepstakes (the “Sweepstakes”) is sponsored by Buttars Tractor – Tremonton, Incorporated (“Sponsor”) and is subject to these Official Rules. All entries must be received during the Promotion Period (as defined below). Any entries received after the Promotion Period will not be considered. Do not proceed in this sweepstakes if you are not a legal resident of the United States or if you are a legal resident of the United States and you do not fall within the eligibility requirements set forth in the official rules below.

 

ELIGIBILITY:

 

The Sweepstakes is open to natural persons who are legal residents of the fifty (50) United States and the District of Columbia (excluding Puerto Rico, all U.S. Territories and all overseas military installations who are at least eighteen (18) years old as of the date of entry. Current and past employees of Sponsor are not eligible to participate in the Sweepstakes or win the Prize. Additionally, relatives of such employees are not eligible to win. For the purposes of this Sweepstakes, relatives are defined as spouse, mother, father, grandmother, grandfather, brother, sister, children and grandchildren, also including spouses’ family with the same relations.  In addition, parties involved in the development, production (including Prize suppliers), implementation, and distribution of the Sweepstakes are not eligible to participate or win a Prize in the Sweepstakes. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations and is void where prohibited. Participation constitutes an entrant’s full and unconditional agreement to these Official Rules, which are binding in all matter related to the Sweepstakes.

 

PRIZE DESCRIPTION:

 

One Massey Ferguson Tractor with Loader: Model-GC1723E (the “Prize”). The approximate retail value of the Prize is $5,000 U.S. Dollars. The actual value of the Prize is subject to price fluctuations in the consumer marketplace. Prize is non-transferable and no substitution or cash equivalent will be given except at Sponsor’s sole discretion. The winner is responsible for all taxes, fees, and costs associated with prize receipt and use. The odds of winning the prize depend on the number of eligible entries received during the Promotion Period.

 

HOW TO ENTER:

 

To enter the Sweepstakes like, share, and tag three (3) friends, on facebook or Instagram, private message or email us the following information: your name, e-mail and phone number. Entry for each of the following ways. Write or email telling us what the first (1st) project this tractor would be used for. Refer a friend. Earn one (1) ticket for each parts purchase and one (1) ticket for each one hundred dollars ($100) spent. Earn one (1) ticket for each Service purchase and one (1) ticket for each one thousand dollars ($1000) spent. Earn one (1) ticket for each whole goods purchase and one (1) ticket for each ten thousand dollars ($10,000) spent. Purchase one (1) ticket for ten dollars ($10), or purchase ten (10) tickets and get one (1) free. By submitting your information, your name will be automatically entered into a random drawing for the Prize from among all eligible entries received. All entries must be submitted by April 29, 2021 (the “Promotion Period”). Applicable information, including: name, phone number, and e-mail are required or the entry will be void. Those who do not fill in all the required fields will be disqualified. Entries generated by a script, macro or other automated means will be disqualified. Sponsor is not responsible for lost, late, incomplete, illegible, incomprehensible or misdirected entries, bugs, failures in servers, hardware or software transmission failure or loss or delayed or corrupted data transmissions or any injury or damage to an entrant's or any other person's computer related to or resulting from downloading any portion of this Sweepstakes. All entries will become the property of Sponsor and none will be returned.  The winner will be notified via telephone, e-mail or social media that he/she, subject to eligibility verification, is a Prize winner. If a winner cannot be reached after a reasonable effort has been made within 4 business hours (12:00 pm April 30, 2021 to 5:00 pm April 30, 2021) from Sponsor's first attempt, or if an entrant is found to be ineligible, an alternate winner may be selected. If any Prize or Prize notification is returned as undeliverable, the winner may be disqualified, and an alternate winner may be selected. Winner has 72 hours from time of the drawing to pay required taxes, fees & other costs. If the requirements are not met by this time (72 hours) winner will forfeit the prize and sweepstakes will continue at the sponsors discretion. Ownership must be in possession of prize winnings, registered and owned by winner for a minimum of 1 year (365 days) unless trade is authorized by sponsor.

 

PRIVACY STATEMENT:

 

The personal information of Sweepstakes entrants will be utilized by the Sponsor for fulfillment of Prizes, to comply with legal requirements, and as described in these Official Rules. By entering this Sweepstakes, entrant accepts and agrees to abide by these privacy policies and terms of use.

 

SELECTION OF WINNER:

 

Unless indicated otherwise on the Sponsor’s website, one (1) Prize will be awarded for the Sweepstakes.  The winner may be required to provide Sponsor with a valid social security number, drivers license, proof of insurance, and any other paperwork required before the prize will be awarded for tax reporting purposes.  An IRS Form 1099 may be issued in the name of winner. Sponsor will have complete discretion over interpretation of the Official Rules, of administration of the Sweepstakes, and of selection of the winner.  Decisions of the Sponsor as to the selection of the winner will be final.  The potential winner will be notified using the information provided during entry by any of the following methods (to be selected by Sponsor in its sole discretion): email, telephone, mail, a post on the potentially winning entry or through a direct message on a social media platform (if applicable) in a commercially reasonable time after the drawing. The potential winner must respond within four (4) hours and in accordance with the instructions in the notification or the prize may, in Sponsor’s sole discretion, be forfeited.  The Sponsor is not responsible for false, incorrect, changed, incomplete or illegible contact information.  Notification is deemed to have occurred immediately upon sending of an email, direct message on a social media platform, or the placing of a phone call.  The Sponsor is not responsible for electronic communications that are undeliverable, as a result of, any form of active or passive filtering of any kind, or insufficient space in entrant’s email account to receive email messages. 

 

The potential winner may be required to submit an affidavit of eligibility / release of liability / prize acceptance agreement ), or other documents(s) as required by Sponsor (collectively, the “Affidavit”) and return the Affidavit within the time period specified at notification before being eligible to receive his or her Prize.  If any potential Prize winner fails or refuses to sign and return such Affidavit within the time period required by Sponsor or if the prize or prize notification is returned as rejected, faulty, unclaimed or returned as undeliverable to such potential prize winner, such potential prize winner may be disqualified, and an alternate winner may be selected by Sponsor.  Non-compliance with these Official Rules shall result in disqualification and award of the prize(s) to an alternate winner.  If the potential Prize winner is found to be ineligible, or if he or she has not complied with these Official Rules, or if the potential prize winner cannot attend or participate in any portion of the prize, or declines a prize for any reason prior to award, such potential winner may be disqualified, and an alternate potential winner may be selected. The Sponsor Entity is not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the potential winners.

 

PUBLICITY RELEASE:

 

By entering, where allowed by law, winner irrevocably grants to Sponsor, the right and permission to use their name, voice, likeness, state of residency, and/or biographical material for advertising, promotional and/or publicity purposes in connection with the Sweepstakes, in all forms of media and by all manners (now and hereafter known), and in connection with related products, services, advertising, future sweepstakes, and promotional materials (now known or hereafter developed), worldwide, in perpetuity, without any compensation, obligation, notice or consideration except for the awarding of the Prize to the winner.

 

TAMPERING WITH SWEEPSTAKES:

 

Sponsor is not responsible for the actions of entrants in connection with the Sweepstakes, including entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Sweepstakes.  Persons found tampering with or abusing any aspect of this Sweepstakes, or whom Sponsor believes to be causing malfunction, error, disruption or damage may be disqualified.  Additionally, any attempt to cheat the Sweepstakes, as determined at the sole and absolute discretion of Sponsor, may result in immediate disqualification of the entrant, as well as other possible consequences, including disqualification from any and all existing and future sweepstakes.  ANY ATTEMPT BY A PERSON TO DAMAGE ANY WEBSITE OF SPONSOR (INCLUDING ANY SOCIAL MEDIA PLATFORM OR APPLICATION) OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ALL LEGAL AND EQUITABLE REMEDIES FROM AND AGAINST ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.  Sponsor reserves the right, at its sole and absolute discretion, to disqualify (or withhold the prize of) any individual who is found to be, or suspected of, acting in violation of these Official Rules, or to be acting in an unsportsmanlike, obscene, immoral or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person.

 

SUSPENSION / MODIFICATION / TERMINATION: 

 

In the event Sponsor is prevented from continuing with the Sweepstakes by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Sweepstakes by any party, or any federal, state, local or provincial government law, order, or regulation, 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, suspend or terminate the Sweepstakes or prize.  Sponsor additionally reserves the right, in its sole and absolute discretion: (a) to modify, suspend or terminate the Sweepstakes, without liability, should causes beyond Sponsor’s control (including, but not limited to, tampering or computer virus infection) corrupt or interfere with the administration, integrity, operation, security or proper play of the Sweepstakes; or (b) to disqualify any entrant found to be, or suspected of: (i) tampering with the entry process or the operation of the Sweepstakes; (ii) acting in violation of these Official Rules; or (iii) acting in an un-sportsmanlike manner.

 

RELEASE, HOLD HARMLESS AND INDEMNIFICATION

 

By participating in the Sweepstakes, entrant agrees to release, discharge, indemnify and hold harmless the Sponsor and each of its respective directors, officers, employees, agents, successors and assigns (“Released Parties”) from and against any and all claims, liability, costs (including attorneys’ fees), losses, damages, fines or injuries (up to and including bodily injury and death) of any kind arising out of or related to: (i) entrants’ participation in the Sweepstakes (including travel to/from any Sweepstakes activity); (ii) any acceptance, possession, misuse or use of any prize (including, without limitation, losses, damages or injuries to entrant’s or any other person’s equipment or other property, or to their persons, including those arising from any travel to/from any prize event or activity); (iii) the Released Parties’ violation of rights of publicity or privacy, claims of defamation or portrayal in a false light or based on any claim of infringement of intellectual property; and (iv) any typographical, human or other error in the printing, offering, selection, operation or announcement of any Sweepstakes activity and/or prize. 

 

Without limiting the generality of the foregoing, entrants agree that the Released Parties have neither made nor will be in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, in connection with the Sweepstakes and/or with respect to prizes, including, without limitation, to any prize’s quality, merchantability, or fitness for a particular purpose.  Entrant(s) agree that the Released Parties shall have no responsibility or liability for: discontinued prizes; human error; incorrect or inaccurate transcription of registration and/or account information; any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, or Internet service provider utilized by Sponsor; interruption or inability to access the website, application or any online service via the Internet due to hardware or software compatibility problems; any damage to participant’s (or any third person’s) computer and/or its contents related to or resulting from any part of the Sweepstakes; any lost/delayed data transmissions, omissions, interruptions, viruses, bugs, defects; and/or any other errors or malfunctions, even if caused by the negligence of the Released Parties. 

 

Each entrant further agrees to indemnify and hold harmless the Released Parties from and against any and all liability resulting or arising from the Sweepstakes and to release all rights to bring any claim, action or proceeding against Released Parties and hereby acknowledge that the Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to a prize, including express warranties provided exclusively by a Prize supplier that may be sent along with a prize.  The Released Parties are not responsible for any changes or unavailability of the social media platform used for purposes of administering this Sweepstakes that may interfere with the Sweepstakes (including any limitations, any restrictions, or any conditions on Sponsor’s ability to use the social media platform for the Sweepstakes as set forth herein that are not acceptable to Sponsor) or ability of entrant to timely enter, receive notices or communicate with Sponsor via the social media platform, in which case Sponsor, in its sole discretion, may terminate or modify the Sweepstakes.   By entering, ALL entrants IN THE SWEEPSTAKES and entrants’ HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL SUCCESSORS AND/OR ASSIGNS release and agree to defend, indemnify and hold harmless the SPONSOR AND THE RELEASED PARTIES From and against any and all claims, demands, losses and causes of action for any DAMAGES (INCLUDING, WITHOUT LIMITATION, ALL CONSEQUENTIAL, punitive, AND INCIDENTAL DAMAGES), liability, loss, cost, fees (including attorneys’ fees), including, without limitation, damage to PERSON (INCLUDING DEATH) OR personal or real property, due in whole or in part, directly or indirectly, by reason of the acceptance, possession, REDEMPTION, MISDIRECTION, use, or misuse of ANY prize OR ANY PORTION OF ANY PRIZE (including any activity OR TRAVEL related thereto) or participation in the Sweepstakes OR FOR ANY and all claims based on rights of publicity and rights of privacy WHETHER any of these things are CAUSED, IN WHOLE OR IN PART, BY THE ACTS, OMISSIONS, NEGLIGENCE OR MISCONDUCT OF THE SPONSOR AND/OR THE RELEASED PARTIES.

 

GOVERNING LAW / LIMITATION OF LIABILITY:

 

All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor or the Released Parties in connection with the Sweepstakes will be governed by and construed in accordance with the internal laws of the State of Utah, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws. In any action or dispute arising out of these Official Rules or the Sweepstakes, venue shall be proper only in Box Elder County, Utah.

 

BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; AND (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU. 

 

DISPUTE RESOLUTION: 

 

Entrants, Sponsor, and the Released Parties (each, a “Party” and collectively the “Parties”) each agree to finally settle all disputes only through arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state courts in Box Elder County, Utah.  In arbitration, there is no judge or jury and review is limited.  The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction.   The federal or state law that applies to these Official Rules will also apply during the arbitration.  Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate will not apply and the dispute must be brought in a court of competent jurisdiction in Box Elder County, Utah. 

 

MISCELLANEOUS: 

 

The invalidity or unenforceability of any provision of these Official Rules or the Affidavit will not affect the validity or enforceability of any other provision.  In the event that any provision of the Official Rules or the Affidavit is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.  Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision.  Entrants agree to waive any rights to claim ambiguity of these Official Rules.  The headings at the beginning of each section of these Official Rules are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the Official Rules.  These Official Rules contain the entire agreement and understanding between the Parties concerning the subject matter set forth herein. There are no other oral or implied agreements, understandings, or representations between them. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials, privacy policy or terms of use on any website, social media platform or application and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control. These Official Rules may be modified only by a written instrument executed by the Parties.

 

SPONSOR:  Buttars Tractor – Tremonton, Incorporated, 1640 W Main, Tremonton, UT 84337.

 

 

 

 

 

 

 

 

 

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