OFFICIAL RULES – WIn an Excavator at ARA Show (“DRAWING”)
NO PURCHASE NECESSARY – VOID WHERE PROHIBITED BY LAW
1. ELIGIBILITY: The Drawing is open to members of the ARA, who are legal residents of the 50 United States (including DC), 21 years of age or older at the start of the Drawing entry period. Employees (including family members) of SANY Heavy Industry Co., Ltd., SANY America Inc. or any of their respective parent, affiliate or subsidiary organizations are not eligible to win the prize.
2. SPONSOR: The sponsor of the Drawing is SANY America, Inc., 318 Cooper Circle, Peachtree City, GA 30269. The eligibility of an entrant shall be determined at the sole discretion of the sponsor. To contact sponsor with questions or concerns about this Drawing, send an email to email@example.com. Void outside the eligible jurisdictions and void where prohibited or restricted by law, rule or regulation. Drawing is subject to all country, federal, state, local, and municipal laws.
3. AGREEMENT TO OFFICIAL RULES: Participation in the Drawing constitutes an entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of Sponsor, which are final and binding. Winning a prize is contingent upon fulfilling all requirements, rules and regulations set forth herein, including applicable tax documentation.
4. PARTICIPATION: A Drawing Entry (“Entry”) may be submitted by visiting the SANY booth at the 2020 ARA Trade show between February 10th and February 12th (the “Entry Period”), by completing a purchase quote with the SANY sales representatives. Only entries that are submitted by 5:00 PM ET February 12th, 2020 shall be considered a valid entry. Sponsor’s decisions on what constitutes a valid and eligible entry and any other question around eligibility, participation, calculations and all other decisions in any way related to the Drawing are final and binding in all respects.
5. CONDITIONS OF ENTRY: Each entrant will receive one entry for a completed purchase quote. Any attempt by any entrant to obtain more the stated maximum number of Entries by using multiple accounts, email addresses, identities, registrations or log ins, or through any other means will void that entrant’s Entries and that entrant may be disqualified, in Sponsor’s sole discretion, from the Drawing.
6. PRIZES: Grand Prize: A randomly selected Entry will be selected to win a SY16 SANY Excavator. Approximate Retail Value (ARV): $26,215. The winner will be randomly selected from among all eligible entries.
7. PRIZE CONDITIONS: Exact Prize details shall be determined in the sole discretion of Sponsor. Odds of winning depend on the number of eligible Entries received. The winner will need to submit applicable required tax forms, and is fully responsible for any and all applicable federal, state and local taxes (including income and withholding taxes). All costs and expenses associated with acceptance and use of the Prize not speciﬁed herein as being provided (including, but not limited to, any and all expenses incurred in accepting, delivering, registering and insuring of the Prize) are the sole responsibility of the winner. The Prize is non-transferable and non-assignable, with no cash redemptions except at Sponsor’s sole and absolute discretion. Sponsor reserves the right to substitute any Prize (or any portion thereof) with one of comparable or greater value at its sole and absolute discretion. By entering the Drawing, you consent to Sponsor’s use of your name, voice and/or likeness as contained in or associated with your submission and in any form, media or technology, whether now known or hereafter developed, for use by Sponsor and for any use Sponsor deems beneficial, useful or otherwise desirable, except where prohibited by law.
The Prize is provided “as-is”, without any representations, warranties or conditions whatsoever, express of implied, and Sponsor expressly disclaims any and all such representations, warranties and conditions. Sponsor is not responsible for: (i) any damage to or loss of the Prize that may occur as a result of or in the course of delivery of the Prize, (ii) delivery of the Prize within a reasonable or specified time, or (iii) any costs associated with the registration or customization of the Prize, if applicable.
8. NOTIFICATION: The potential winner will be notified by postal mail, phone or email in Sponsor’s sole discretion on or around February 12, 2020. Sponsor reserves the right to withhold the Prize or disqualify any entrant who does not comply with Sponsor’s Prize-claiming instructions. The Prize must be claimed no later than February 15, 2020. The potential winner may be required to submit his/her valid tax identification number and/or Social Security number and/or other identiﬁcation to Sponsor. The winner may be required to execute, have notarized and return an Aﬃdavit of acceptance, eligibility, liability and publicity release (the “Affidavit and Release”) within ﬁve (5) days of date of issuance. Failure to submit any information required by Sponsor, failure to return the required documents within the speciﬁed time period, noncompliance with these Oﬃcial Rules, or the return of the Prize or Prize notiﬁcation (or any portion thereof) as undeliverable may result in disqualiﬁcation and prize forfeiture.
9. WAIVER OF LIABILITY/PUBLICITY RELEASE: By participating in the Drawing, each entrant agrees to (i) be bound by these Oﬃcial Rules, and (ii) waive any and all claims against Sponsor and each of its parents, aﬃliated companies, subsidiaries, licensees, distributors, dealers, retailers, sales representatives, divisions, distributors, printers, advertising and promotion agencies, and any and all other companies associated with the Drawing, and all of their respective oﬃcers, directors, employees, agents and representatives (collectively, “Released Parties”) for any injury, damage or loss that may occur, directly or indirectly, in whole or in part, from the participation in the Drawing or from the acceptance, possession, use and/or misuse of the Prize (or any portion thereof) or any travel or activity related to the receipt or use of the Prize (or any portion thereof). By entering this Drawing, each entrant gives his/her express permission to be contacted by Sponsor by telephone, email and/or postal mail for Drawing purposes. Each entrant grants to Sponsor and each of its respective designees the irrevocable and unconditional right to publicize such Entrant’s name, address (city and state of residence), photograph, voice, statements and/or other likeness and prize information for advertising, promotional, trade and/or any other purpose in any media or format now known or hereafter devised, throughout the world, in perpetuity, without limitation and without further compensation, consideration, permission or notiﬁcation, except where prohibited by law.
10. GENERAL CONDITIONS: Released Parties are not responsible for stolen, late, incomplete, illegible, inaccurate, misdirected, lost, misrouted, scrambled, damaged, delayed, undelivered, mutilated, postage-due or garbled entries, transmissions, email or mail; or for lost, interrupted or unavailable network, cable, satellite, server, Internet Service Provider (ISP), wireless network, website, or other connections including those through and/or by any website, availability or accessibility or miscommunications or failed computer, satellite, telephone, cable or wireless transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or diﬃculties; any error, omission, interruption, defect or delay in transmission, processing, or communication; non-delivery; misdirected, blocked, or delayed email notiﬁcations; printing, typographical or other errors appearing within these Oﬃcial Rules, in any Drawing-related advertisements or other materials; or any other errors, problems or diﬃculties of any kind whether human, mechanical, electronic, network, computer, telephone, mail, typographical, printing or otherwise relating to or in connection with the Drawing, including, without limitation, errors or diﬃculties which may occur in connection with the administration of the Drawing, the processing of entries, the announcement of the Prize or in any Drawing related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Drawing. Released Parties are not responsible for injury or damage to participants’ or to any other person’s computer related to or resulting from participating in this Drawing or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the Drawing or website or attempt to undermine the legitimate operation of the Drawing by cheating, deception or other unfair playing practices, or intend to annoy, abuse, threaten or harass any other entrant or any representative of Sponsor or who are in violation of these Oﬃcial Rules, as solely determined by Sponsor, may be disqualiﬁed and all associated entries may be void. Any attempt to deliberately damage the content or operation of this Drawing is unlawful and subject to legal action by the Sponsor, and/or its respective agents. Sponsor shall have the sole right to disqualify any entrant for any actual or suspected violation of these Oﬃcial Rules or any applicable laws relating to the Drawing, and to resolve all disputes in its sole discretion. Released Parties (i) make no warranty, guaranty or representation of any kind concerning any Prize (or any portion thereof), and (ii) disclaim any implied warranty. Sponsor’s failure to enforce any term of these Oﬃcial Rules shall not constitute a waiver of that provision.
Sponsor reserves the right, in its sole discretion, to cancel or suspend the Drawing (or any portion thereof) should the Drawing not be capable of running as planned, for any reason, including but not limited to, virus; bugs; unauthorized intervention; corrupt administration; security, fairness, or integrity concerns; or proper operation of the Drawing (or any portion thereof). In the event of cancellation, Sponsor may elect to identify winner and award the Prize by way of random drawing from among all non-suspect, eligible entries received up to the time of such cancellation. Sponsor also reserves the right, in its sole discretion, to modify these Oﬃcial Rules for clariﬁcation purposes without materially aﬀecting the terms and conditions of the Drawing. Changes to these Official Rules will be posted online in the contest website.
11. DISPUTES: To the extent permitted by law, the rights to litigate, seek injunctive relief or make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with the Drawing are hereby excluded, and any entrant or participant expressly waives any and all such rights. If such exclusion or waiver is not permitted by law, then except where otherwise prohibited, entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Drawing or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively in the courts of Georgia. All issues and questions concerning the construction, validity, interpretation and enforceability of these Oﬃcial Rules, entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Drawing, shall be governed by, and construed in accordance with, the laws of the state of Georgia, without giving eﬀect to any choice of law or conﬂict of law rules (whether of the state of Georgia or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the state of Georgia.
13. OFFICIAL RULES: For a copy of these Official Rules, visit https://sanyusa.wpengine.com/sanyara2020/
14. WINNER LISTING: To request the name of the winner, send a hand-printed, self-addressed, stamped envelope to be received by 30 days after the end of the Entry Period to: SANY America Inc., Attn: Jennifer Brigman, 318 Cooper Circle, Peachtree City, GA 30269.