CUB CADET®
3X COFFEE SWEEPSTAKES
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT INCREASE YOUR
CHANCE OF WINNING. THE SWEEPSTAKES IS VALID ONLY IN THE
FORTY-EIGHT (48) CONTIGUOUS UNITED STATES, DISTRICT OF COLUMBIA (D.C.), AND
CANADA (EXCLUDING THE PROVINCE OF QUEBEC) AND IS OPEN ONLY TO QUALIFIED PERSONS
(AS DEFINED IN THE RULES BELOW). VOID
ELSEWHERE (INCLUDING ALASKA AND HAWAII) AND WHEREVER PROHIBITED. BY PARTICIPATING IN THIS SWEEPSTAKES, YOU
AGREE TO BE BOUND BY THESE OFFICIAL RULES AND THE DECISIONS OF SPONSOR AND
ADMINISTRATOR. DO NOT PARTICIPATE IN THE
SWEEPSTAKES IF YOU DO NOT AGREE TO THESE OFFICIAL RULES AND FALL WITHIN THE
ELIGIBILITY REQUIREMENTS AS SET FORTH BELOW.
This
CUB CADET® 3X COFFEE SWEEPSTAKES (“Sweepstakes”) is sponsored by MTD
Products Inc, a Division of Stanley Back & Decker, Inc, with its principal
place of business in the U.S. at 5903 Grafton Road, Valley City OH 44280 and in Canada 97 Kent Avenue,
Kitchener ON, N2G 3S4 (“Sponsor”). The entry period begins on January
17, 2023 at 12:01 am Eastern Time (“ET”) ends on January 31, 2023 at
11:59 pm ET (the “Entry Period”). Sponsor’s clock is the official Sweepstakes timekeeper.
By entering this Sweepstakes, 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.cubcadet/privacy-policy-test/privacy-policy.html. 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 Sweepstakes 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 Sweepstakes
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 Sweepstakes. If an entrant does not fully agree to the
terms of the Privacy Policy, such entrant should not enter this Sweepstakes.
Limit
of one (1) Entry per person during the entire Entry Period. A maximum of one (1) Grand Prize Winner and four
hundred (400) First Prize Winners will be awarded (four hundred and one (401) prizes
total). Subject to federal, state, province, territory and local laws and
regulations. Void where prohibited.
1.
ELIGIBILITY – WHO MAY ENTER: This Sweepstakes is open only to persons who are legal residents of the
forty-eight (48) contiguous United States (excluding residents of Alaska and
Hawaii) and Canada (excluding residents of Quebec), who are age 18 or older (and
at least the age of majority in their State/Providence or Territory of
residence). Employees, their immediate
families (including for the purposes of this Sweepstakes, spouse, domestic
partner, children, siblings, parents, grandparents, grandchildren and step
family members) and/or people living in the same household (related or not) of
Sponsor, Million Dollar Media (the “Sweepstakes Administrator”), Colle McVoy or
their affiliates (individually and collectively, (“Sweepstakes Entities'') are
not eligible to enter.
2.
HOW TO ENTER: During the
Entry Period, Entrants must enter this Sweepstakes, as follows:
(1) Visit https://theshed.cubcadet.com/3X-Coffee;
(2) Complete
Online Registration (with all required information including
your name, valid email address, phone number (including area
code),
complete residential mailing address including street address (no P.O. boxes), city, state/province
and zip code/postal code);
(3) Agree to
the Official Rules and Terms of Use;
(4) Click Submit
Online Entry Form Button.
All
entries must be fully complete with all required information and must be
received by 11:59:59 pm ET on 1/31/2023 to
be eligible.
Canadian Residents: Any potential entrant who is a resident of
Canada must also correctly complete and submit their answer, without assistance
of any kind, to the skill-based mathematical testing question provided on the
registration page in order to be eligible.
Any Canadian resident who fails to complete or incorrectly answers the
skill-based mathematical testing question shall be disqualified and ineligible
for the prize drawing.
Limit of one (1) Entry per person. A maximum of one (1) Entry may be submitted during
the entire Entry Period, each entry must be entered one time and once an
entrant submits their Entry, it cannot be changed. Each participant
must submit an entry on his/her own behalf.
Any entry submitted on behalf of another individual or using another
person’s email address, name or phone number will be disqualified and
ineligible to claim any prize. Any
attempt by any participant to obtain more than the stated number of entries
allowed by using same, multiple/different email addresses, phone numbers,
identities, or any other methods void that participant's entry and that
participant may be disqualified.
Entries
will be reviewed for content by Sponsor and Sponsor reserves the right to
remove any entry, in its sole and absolute discretion. Entry in this Sweepstakes
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 Sweepstakes more than once, all such entrant’s entries will be voided. If
this Sweepstakes is not completed in accordance with these Official Rules,
including if the entry does not contain the required subject criteria, the
entrant’s entry will be voided. Entries
made by any other individual or any entity, including but not limited to
commercial Sweepstakes subscription notification and/or entering services, will
be declared invalid and disqualified for this Sweepstakes. Tampering with the
entry process or the operation of this Sweepstakes is prohibited and any
entries deemed by Sponsor, in its sole and absolute discretion, to have been
entered in this manner will be void. Entries generated by a script, macro, or
other automated means will be disqualified. Entries that are incomplete,
garbled, corrupted, or unintelligible for any reason, including, but not
limited to, computer or network malfunction or congestion, are void and will
not be accepted. In the event of a dispute as to any online registration, the authorized
account holder of the email address used to register will be deemed to be the
registrant and he/she must be eligible according to these Official Rules. The “authorized email account holder” is the
natural person assigned an email address by an Internet access provider, online
service provider or other organization responsible for assigning email
addresses for the domain associated with the submitted address. An entry will be disqualified if it is
forged, falsified, altered or improperly tampered with in any way. Any entry submitted with an
invalid email address or other false, inaccurate, incomplete, or incorrect
information will be disqualified.
By
registering to enter Sweepstakes, you affirm that you have read and accepted
these Official Sweepstakes Rules. All entrants agree to be bound by and abide
by the official rules of the Sweepstakes.
3. WINNER SELECTION – RANDOM DRAWING: Sponsor shall conduct a random prize drawing beginning
on or about February 1, 2023 from among all eligible entries received to
select one (1) potential grand prize winner and four hundred (400) potential
first prize winners (see associated prize descriptions below). Each Entry drawn
will be declared a potential “Winner” for the associated prize award level as
solely determined and designated by Administrator. (Note: there shall be a maximum of three
hundred (300) first prizes awarded to residents of any individual State or
Province.) Entrants are not required
to be present to win. Odds of winning depend on the total number of
Entries received. 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. WINNER NOTIFICATION / PRIZE ACCEPTANCE: Each potential first prize winner shall
receive an email notification to the email address submitted at time of their
initial online registration confirming their selection as a first prize winner,
and the associated first prize award (see below) shall be shipped to their
registered residential mailing address as provided at the time of initial
online registration.
The potential grand prize winner will
be notified initially by phone and/or email following their selection. If the Administrator is unsuccessful in its
attempt to reach and speak directly with the selected potential grand prize
winner by phone within 48-hours of the initial notification attempt to the
phone number and/or email address associated with that contestant’s entry, then
that contestant may be disqualified and an alternate potential grand prize
winner may be randomly selected from among the remaining eligible entries and
notified as per the procedures outlined above (time permitting). Note: phone messages will not be left
during the winner notification process.
During the grand prize winner notification,
the selected potential grand prize winner must confirm their eligibility, and
indicate their willingness and ability to accept the prize. The potential grand prize winner will then
receive official notification via email delivery. If the selected winner does not meet the
eligibility requirements, or is unable or unwilling to accept the prize or
elects to decline the prize, s/he will be disqualified and, at Sponsor’s
discretion and time permitting, an alternate potential grand prize winner will
be randomly selected from among all remaining eligible entries and notified as
per the procedures outlined above. Any
disqualified contestant will not receive any alternate prize substitution or
compensation.
All of the following will apply to the grand
prize winner: 1) Grand prize winner will be required to complete and return,
within 5-days of receipt, a prize acceptance form, including an affidavit of
eligibility and a liability/publicity release (publicity release where
permitted), and a W-9 form; 2)
Winner may be required to present a valid social security card and a valid
driver’s license or government issued photo ID as a condition of participating
or receiving any prize. and 3) Grand
prize winner is responsible for paying all applicable taxes (including, but not
limited to all local, state and federal taxes) on all prizes awarded, and grand
prize winner shall be issued a 1099 form reflecting the value of the prize
award.
Decisions of the
Sponsor and Administrator in the selection and determination of prize winners
and all matters relating to this Sweepstakes are final and binding.
5.
PRIZES: A maximum total of four hundred and one (401)
prizes as follows:
i) Grand Prize
(one (1) winner): The grand prize winner shall
be awarded: a Cub Cadet 3X Snow Blower Model
No. 31AH5DVA710,
with an approximate retail value (ARV) of: $1,599.00 USD/$2,181.96 CDN.
ii) First Prize
Award (Maximum 400 prize winners):
Each first prize winner shall receive: one (1) bag of Cub Cadet 3X
Coffee, with an approximate retail value (ARV) of $9.00 USD/$12.26 CDN
each.
NOTE: Prize
winners must accept delivery of prize in the method as solely determined and
designated by Sponsor. First prize
awards shall be shipped only to the designated winner residential address as
submitted during initial online registration and/or as provided during winner
notification, via the carrier as determined and designated by Sponsor (i.e.
UPS, USPS or other Sponsor designated carrier), or as otherwise specified by
Sponsor. Allow 8 – 12 weeks for prize delivery.
Once shipped, prize shall be considered as
awarded and delivered, and Sponsor shall not be responsible for actual receipt
of delivery by winner. Sponsor shall not
be responsible for any lost, late, undelivered, misdirected, damaged or stolen
delivery; or any incorrect delivery address provided by winner during
registration or prize claim. In the
event of any delivery issues, including undelivered, misdirected, lost or
stolen deliveries, Sponsor shall have no responsibility to replace the prize
award, and prize award shall not be substituted by Sponsor with any alternate
prize award or compensation. Winner
shall look solely to designated shipper/carrier for any lost, damaged, stolen
or mis-delivered packages and not to Sponsor for any delivery issues.
General
Prize Conditions: 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 prize ARV
represents Sponsor’s good faith determination, is final and binding and cannot
be challenged or appealed. All income and other taxes (state, province,
territory 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. All other costs
and expenses related to prize acceptance, delivery, redemption or use not
specified herein as being provided are the sole responsibility of winner. Failure to collect or properly claim prize in
accordance with these rules will result in forfeiture of the prize. If forfeited for any reason, participant will
not receive any other prize substitution or compensation, and the prize will remain the property of Sponsor and will not be
awarded, except as provided herein. All properly claimed prizes will be awarded. Any unclaimed prizes will not be
awarded. Total ARV of all available
prize awards: $5,199 USD/$7,085.96 CDN.
6.
PUBLICITY RELEASE: 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 (state, province and territory)
(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.
7.
ENTRY CONDITIONS AND RELEASES: By entering this Sweepstakes, 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 Sweepstakes Entities, Sweepstakes
prize suppliers and all individuals and entities involved in fulfilling,
administering, advertising or promoting this Sweepstakes 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 Sweepstakes 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 Sweepstakes
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, entries not received by the time designated
for the Entry Period; (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 Sweepstakes; (iv) any injury or damage to persons
or property, including but not limited to entrant’s computer, hardware or
software, including which may be caused, directly or indirectly, in whole or in
part, from entrant’s entry in Sweepstakes; and (vi) 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 Sweepstakes (print or online) or in
administration of this Sweepstakes including but not limited to depiction of
the prize or announcement of the Winner.
By participating, entrants
agree to abide by and be bound by the Official Rules and the decisions of the
Sponsor and Administrator, which shall be final in all matters relating to this
Sweepstakes. In the event an entrant
wins a prize, and is later found to be in violation of these rules he/she will
be required to forfeit the prize or to reimburse Sponsor for the stated value
of the prize if such violation is discovered after winner has used the prize. False, fraudulent or deceptive entries or acts
shall render entrants ineligible for any prize.
Released Parties shall not be
liable to winner or any other person for failure to supply the prize or any part
thereof by reason of any Force Majeure event, including acts of God, pandemics,
any actions, regulations, orders, or requests by any governmental entity,
equipment failure, terrorist acts, war, fire, unusually severe weather,
embargo, labor dispute or strike, labor or material shortage, transportation
interruption of any kind, or any other cause beyond Released Parties’ sole
control.
8. RELEASE OF CLAIMS (CALIFORNIA - USA): Each entrant
acknowledges that there is a possibility that, subsequent to their involvement
with this Sweepstakes 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 Sweepstakes. 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,
reschedule or terminate this Sweepstakes if it determines, in its sole
discretion, that this Sweepstakes is technically impaired or corrupted or that
fraud, computer virus, bug or technical problems, human or programming errors, 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 Sweepstakes as contemplated
herein in the sole opinion of the Sponsor or Administrator. If an insufficient
number of eligible Entries are received and/or Sponsor is prevented from
awarding the prize or continuing with this Sweepstakes 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, province, territory, 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 Sweepstakes.
If this Sweepstakes 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 Sweepstakes 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 Sweepstakes,
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 or provisions (whether of the State
of Maryland or any other jurisdiction), that would cause the application of the
laws of any jurisdiction other than the State of Maryland. For Canada entrants/residents, 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 Province of Ontario without giving effect to
any choice of law or conflict of law rules (whether of the Province of Ontario
or any other jurisdiction), which would cause the application of the laws of
any jurisdiction other than the Province of Ontario.
11. Odds: Odds of being
selected as a prize winner are dependent upon the total number of eligible
entries received, and for residents of Canada, the entrant’s ability to
correctly answer the skill-based mathematical testing question correctly
without any assistance.
12. OFFICIAL RULES AND WINNER LIST: For
a copy of these Official Rules, or the name of grand prize winner, send a
self-addressed stamped envelope to be received by March 31, 2023 to: Cub Cadet
3X Coffee Sweepstakes, P.O. Box 278, Woodbridge, NJ 07095.
PLEASE SPECIFY which you are requesting, official rules or winner list.
Sponsor: This Sweepstakes is sponsored by MTD Products
Inc.
Sweepstakes Administrator: The
Sweepstakes is administered by Million Dollar Media, P.O. Box 278, Woodbridge,
NJ 07095.