1. Agreement to Official Rules. Participation in Volvo Construction Equipment’s Fly & Buy 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 a VISA gift card in the amount of $1,000 (the “Gift Card”) from purchasing a Volvo Certified Used machine is contingent upon fulfilling all requirements set forth herein. Fly & Buy is sponsored by Volvo Construction Equipment North America, LLC, 304 Volvo Way, Shippensburg, PA 17257 (“Sponsor”).
2. Eligibility. Fly & Buy 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 has a valid driver's license. Fly & Buy is subject to all applicable federal, state, provincial, and local laws and regulations. Void where prohibited.
3. Timeline. Fly & Buy begins on June 1, 2019 and ends on December 31, 2019
4. How to Enter Fly & Buy. To enter Fly & Buy, fly to the Volvo Certified Used Center in Las Vegas and purchase a Volvo Certified Used machine by December 31, 2019
5. Tax Requirements. If required by law, Sponsor reserves the right to withhold and remit to the appropriate taxing authorities the amount of any taxes due. Participant is fully responsible for any and all applicable federal, provincial, state, and local taxes.
6. Conditions/Use Rights. By accepting the Gift Card, each participant consents to the use of their names, voices, and likenesses, including all accompanying personally identifiable information entrant submits or Sponsor obtains in the course of entrant accepting the Gift Card, via all forms of media now known or hereafter devised worldwide, in perpetuity, without notice, attribution or compensation (other than the specific Gift Card described herein) to entrant, his/her successors or assigns, or any other entity, except where prohibited by law.
7. Privacy. By participating in Fly & Buy, 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 Fly & Buy. All information submitted to Sponsor as part of Fly & Buy will be treated in accordance with Sponsor’s privacy statement, available at https://www.volvoce.com/united-states/en-us/privacy/. Personal information will be used only to: (a) provide information about Fly & Buy; (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.
8. Release and Limitations on Liability. By participating in all or a portion of Fly & Buy, entrants agree to release and hold harmless all directors, officers and employees of Sponsor, and their respective parent companies, subsidiaries, affiliates, sales representatives, distributors, licensees, agents, advertising and Sponsor’s agencies (the “Released Parties”) from and against any claim or cause of action arising out of participation in Fly & Buy, or receipt or use of the Gift Card, including, but not limited to: (a) unauthorized human intervention in Fly & Buy; (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 Fly & Buy 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 Fly & Buy or acceptance, receipt, use, or misuse of Fly & Buy or the Gift Card; or travel to any Fly & Buy-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 Fly & Buy or acceptance, possession, or use of the Gift Card (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 Gift Card 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.
9. Miscellaneous. The decisions of Sponsor are final with respect to all aspects of Fly & Buy. Fly & Buy, the Gift Card 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. Participants specifically agree that (1) any and all disputes, claims and causes of action arising out of or connected with Fly & Buy or the Gift Card 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 participating in Fly & Buy, but in no event attorneys’ fees; and (3) under no circumstances will participant be permitted to obtain awards for, and participant 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 Fly & Buy 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 that may cause the Fly & Buy program to be disrupted or corrupted, Sponsor may, in its sole discretion, either: (a) suspend Fly & Buy to address the impairment and then resume Fly & Buy in a manner that best conforms to the spirit of these Official Rules; or (b) award the Gift Card from among the non-suspect, eligible entries received up to the time of the impairment. Sponsor reserves the right in their sole discretion to disqualify any individual it finds to be tampering with the entry process, the operation of Fly & Buy, to be acting in violation of these Official Rules or any applicable laws relating to Fly & Buy, 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 Fly & Buy 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.
10. Official Rules. For a copy of these Official Rules, send a self-addressed, stamped envelope to: Volvo Construction Equipment North America, LLC, c/o Fly & Buy, 304 Volvo Way, Shippensburg, PA 17257.
11. Sponsor. The Sponsor of Fly & Buy 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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