Agreement to Official Rules. Participation in Volvo Construction Equipment’s October 2020 Halloween Carving Creations Giveaway (the “Giveaway”) constitutes entrant's full and unconditional agreement to and acceptance of these Official Rules and the decisions of Sponsor (as defined below), which are final and binding. Receiving two prizes valued at $96 USD and $49 USD in the form of a Volvo A60H 1:16 Toy Truck or Mack Truck Hauler with Volvo Excavator and Loader (“Toys”) is contingent upon fulfilling all requirements set forth herein. The Giveaway is sponsored and administrated by Volvo Construction Equipment North America, LLC, 304 Volvo Way, Shippensburg, PA 17257 (“Sponsor”).
2. Eligibility. The Giveaway is open to all legal residents of, and physically located within, any of the fifty (50) United States (including District of Columbia, who are at least eighteen (18) years of age or older as of the date of entry and have a valid driver's license. All directors, officers and employees of Sponsor, Administrator and their respective parent companies, subsidiaries, affiliates, sales representatives, distributors, licensees, agents, advertising and Sweepstakes agencies, and each of the immediate family members (spouses, parents, children and siblings and their respective spouses), and those living in the same household as each, are not eligible to participate in the Sweepstakes. The Giveaway is subject to all applicable federal, state, provincial, and local laws and regulations. Void where prohibited.
3. Entry Period. The Giveaway entry period begins on Wednesday, October 6, 2020 and ends on Friday, October 30, 2020 (the “Entry Period”). Sponsor’s computer shall be the official time-keeping device for the Giveaway.
4. How to Enter Giveaway. To enter the Giveaway, carve a pumpkin using one of our 2020 Halloween Templates and share the picture on Facebook or Instagram and tag Volvo CE NA. Only entries submitted during the Entry Period will be accepted. Entries are unlimited for the Giveaway.
5. Winner Selection. Two (2) winners will be selected based on their submissions.
6. Giveaway. One (1) entrant will receive a Volvo A60H 1:16 Toy Truck, with the approximate retail value of $96 USD. And one (1) entrant will receive a Mack Truck Hauler with Volvo Excavator and Loader, with the approximate retail value of $49 USD. If required by law, Sponsor reserves the right to withhold and remit to the appropriate taxing authorities the amount of any taxes due. The winner is fully responsible for any and all applicable federal, provincial, state, and local taxes. All costs and expenses associated with theToys acceptance and use not specified herein as being provided are the sole responsibility of the winner. The Toys are non-transferable and non-assignable, with no cash redemptions or substitutions except at Sponsor’s sole discretion. There will be no substitutions for the Toys except by Sponsor who reserves the right to substitute the Toys with one of comparable or greater value at their sole discretion. Other restrictions may apply.
7. Conditions/Use Rights. By accepting any of the Toys, the entrant consents to the use of their name, voice, and likeness, including all accompanying personally identifiable information entrant submits or Sponsor obtains in the course of entrant accepting any of the Toys, via all forms of media now known or hereafter devised worldwide, in perpetuity, without notice, attribution or compensation (other than the specific Toys described herein) to entrant, his/her successors or assigns, or any other entity, except where prohibited by law.
8. Privacy. By participating in the Giveaway, entrant authorizes Sponsor to collect, use, process, transfer and store all data provided by entrant, including without limitation, personal data, to the United States, or any location(s) throughout the world that Sponsor deems necessary, whether within entrant’s country of residence or elsewhere, and with such party(ies) as Sponsor deems appropriate, for purposes of administration of the Giveaway. All information submitted to Sponsor as part of this Giveaway will be treated in accordance with Sponsor’s privacy statement, available at www.volvoce.com/united-states/en-us/privacy/. Personal information will be used only to: (a) provide information about the Giveaway; (b) contact and publicize potential entrants; and/or (c) if an entrant selects to receive additional information from Sponsor on the entry form, to send additional information to that entrant during or after any Entry Period. Entrants have the right to withdraw and correct their personal data, but entrants are not allowed to re-submit their entries. Directions on procedures for submitting corrections to personal data are provided in the privacy statement of Sponsor.
9. Release and Limitations on Liability. By participating in all or a portion of the Giveaway, entrants agree to release and hold harmless all directors, officers and employees of Sponsor, Administrator, and their respective parent companies, subsidiaries, affiliates, sales representatives, distributors, licensees, agents, advertising and Giveaway agencies (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Giveaway, or receipt or use of the Toys, including, but not limited to: (a) unauthorized human intervention in the Giveaway; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors; (d) lost, late, misdirected, incorrect, garbled, or incompletely received entries; (e) errors in the administration of the Giveaway or the processing of entries; or (f) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Giveaway or acceptance, receipt, use, or misuse of the Toys; or travel to any Giveaway-related events; and (g) any claims based on publicity rights, copyright/trademark infringement, intellectual property rights, defamation or invasion of privacy and merchandise delivery. In the event that entrant breaches any of his/her representations, warranties or undertakings contained herein, Released Parties shall be entitled to and may seek indemnification from entrant for recovery of all legal fees, damages, costs, claims and other expenses that may be incurred by Released Parties as a result of the aforementioned breach. Entrant further agrees to release the Released Parties and their designees and assigns from any liability whatsoever, and waive any and all causes of action, for any claims, costs, injuries, losses and damages of any kind arising out of or in connection with the Giveaway or acceptance, possession, or use of the Toys (including, without limitation, attorneys’ fees, claims, costs, personal injuries, losses and damages related to personal injuries, death, damage to or destruction or property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory. Sponsor is not responsible if any of the Toys cannot be awarded due to travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, weather or acts of terrorism.
10. Miscellaneous. The decisions of Sponsor and Administrator are final with respect to all aspects of this Giveaway. The Giveaway and these Official Rules will be governed, construed and interpreted under the laws of the Commonwealth of Pennsylvania without regard to choice of law principles. Entrants specifically agree that (1) any and all disputes, claims and causes of action arising out of or connected with this Giveaway or any of the Toys awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Middle District of Pennsylvania in Harrisburg, Pennsylvania, or the Court of Common Pleas of Franklin County located in Chambersburg, Pennsylvania; (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’ fees; and (3) 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. In the event that the operation, security, or administration of the Giveaway is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problems, or any condition caused by events beyond the reasonable control of Sponsor or Administrator that may cause the Giveaway to be disrupted or corrupted, Administrator may, in its sole discretion, either: (a) suspend the Giveaway to address the impairment and then resume the Giveaway in a manner that best conforms to the spirit of these Official Rules; or (b) award the Toys from among the non-suspect, eligible entries received up to the time of the impairment. Sponsor and Administrator reserve the right in their sole discretion to disqualify any individual it finds to be tampering with the entry process, the operation of the Giveaway, to be acting in violation of these Official Rules or any applicable laws relating to the Giveaway, or in an unsportsmanlike or disruptive manner, and to resolve all disputes in its sole discretion. Any attempt by any person to undermine the legitimate operation of the Giveaway may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
11. Giveaway List; Official Rules. For notification of the entrants and/or a copy of these Official Rules, send a self-addressed, stamped envelope to: Volvo Construction Equipment North America, LLC, c/o Volvo Construction Equipment’s 2020 Halloween Carving Creations Giveaway, 304 Volvo Way, Shippensburg, PA 17257. Requests for the entrants list will only be accepted after the end of the Giveaway Entry Period and must be received by April 30, 2021.
12. Sponsor and Administrator. The Sponsor and Administrator of this Giveaway is Volvo Construction Equipment North America, LLC. Entrants shall not use the trademarks of Sponsor or falsely associate themselves with Sponsor during or after the Entry Period.
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