Genie Terms and Conditions for Around the World Sweepstakes
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. ODDS OF WINNING DEPEND ON TOTAL NUMBER OF ENTRIES RECEIVED. VOID WHERE PROHIBITED BY LAW.
1. SPONSOR: The Sweepstakes is sponsored by Terex USA, LLC (“Sponsor”), 20021 120th Ave NE, Bothell, WA 98011. This promotion is in no way sponsored, endorsed, administered by, or associated with Facebook, Instagram or LinkedIn.
2. ELIGIBILITY: The Sweepstakes is open to persons residing in the United States and Canada who are at least 18 years of age and the age of majority in their state of residence. Officers, directors, and employees of Sponsor, and members of their immediate families (biological, step, or in-law) including parent, grandparent, child, sibling, or spouse of any of the foregoing (regardless of where they live) or households of any of the above, whether related or not, IRS dependents, and household members of Sponsor and its respective parents, affiliates, subsidiaries, advertising, promotion, and web design agencies, and all other entities involved in the creation, administration, or fulfillment of the Sweepstakes, are not eligible to enter or win. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations and is void where prohibited or restricted by law.
3. SWEEPSTAKES PERIOD: Sweepstakes will commence on 9/29/2023 at 8 AM PT and ends on 11/29/2023 at 11:59 PM PT.
4. HOW TO ENTER: To be considered an "Entrant" in the Sweepstakes, an individual must visit Sponsor's Instagram social media page and comment on and tag a friend in the Sweepstakes post pursuant to the instructions provided on the post. Entries that meet the requirements included in these Official Rules are referred to herein as "Eligible Entries." The awarding of the Prizes, as defined below, is subject to the eligibility and forfeiture provisions set forth herein.
6. PRIZES: 15 winners will receive a Genie prize pack. Any and all guarantees and warranties with respect to the prizes are subject to the manufacturer’s terms and conditions, and winners agree to look solely to the manufacturer for any potential warranty or guarantee claim. All Sweepstakes participants agree that Terex is not liable for any loss incurred once the prize has left Terex’s custody. All expenses not specified in these Official Rules, including, without limitation, duties, taxes of any kind whatsoever, and the costs of accessories, replacement parts, repairs and insurance are the sole responsibility of each winner.
7. PRIZE APPROXIMATE RETAIL VALUE("ARV"): $300 prize pack of assorted Genie merchandise. Limit one per person.
8. SELECTION OF WINNER: On 1/5/2024, representatives of the Sponsor will randomly select from all Eligible Entries received during the Sweepstakes Period "Prize Winners" to win the following Prize, as defined below. The selection will be conducted by Sponsor, and Sponsor's decisions will be final in all matters pertaining to the selection. Any potential Prize Winners may be subject to verification by Sponsor of eligibility and compliance with these Official Rules. An Entrant is not a winner of the prize until Entrant’s eligibility as a Prize Winner has been verified, Entrant has been notified that verification is complete, and Entrant has complied with the terms and conditions of these Official Rules.
9. AWARDING OF PRIZES: A representative of Sponsor will notify all potential Prize Winners via Facebook, Instagram or LinkedIn. Three (3) message attempts will be made within a one 48-hour period to contact each potential Prize Winner. If any potential Prize Winner does not respond to Sponsor within the 48-hour allotted time period, or in the event of a selected entrant's non-compliance with any of the requirements of these Official Rules, Sponsor will select an alternate potential Prize Winner, and the same process will be repeated until all the Prize Winners are contacted and all of the Prizes are awarded.
Sponsor is not responsible for contacting an Entrant if that Entrant has changed contact information and failed to provide Sponsor with the proper contact information when such information is required. At the sole discretion of the Sponsor, forfeiture of the Prize and the selection of an alternate Prize Winner may result from any of the following: (a) a potential Prize Winner’s failure to respond to notification within the specified response period; (b) a potential Prize Winner’s failure to provide Sponsor with satisfactory proof of age, identity, and residence; or (c) any non-compliance with these Official Rules.
CANADIAN PROVISIONAL WINNERS: In addition to anything else in these Official Rules, in order for a selected Entrant who is a Canadian resident to become the Sweepstakes Winner, he or she must first correctly answer, unaided and without mechanical or electronic assistance, a time-limited mathematical skill testing question administered via the Affidavit. Canadian residents must also execute and return the Affidavit confirming compliance with these rules and releasing the Sponsor and its affiliated companies from any liability in connection with this Sweepstakes, all within the time specified on the Affidavit. Failure of a Canadian-selected Entrant to correctly answer the skill-testing question in the time allotted or failure to execute and return the Affidavit will result in disqualification, the forfeiture of his or her interest in the Prize, and the selection of a substitute Entrant from among all remaining Eligible Entries.
10. ODDS: The odds of winning a Prize depends on the total number of Eligible Entries received.
11. PRIZE RESTRICTIONS: All Prize Winners will be solely responsible for all federal, state, and/or local taxes, and for any other fees or costs associated with the Prize they receive, regardless of whether it, in whole or in part, is used. Any portion of any Prize not accepted by any Prize Winner will be forfeited. Allow 8 weeks for the mailing of your prize. If any Prize is lost, destroyed, or stolen it will not be replaced. THE PRIZES ARE AWARDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE).
12. REQUIREMENTS OF WINNERS: Winners must strictly comply with these Official Rules and the failure to do so may, at Terex’s option, result in prize forfeiture. Winners must be prepared to accept prizes at such times as required by Terex, and the failure to do so may, at Terex’s option, result in prize forfeiture. Winners will be required to sign (i) an affidavit confirming eligibility and compliance with these Official Rules; (ii) a Publicity Release Form (except where prohibited by law), granting Terex permission to use, without additional compensation, winner’s (including, without limitation, winning business entity’s) name, city and state address, photograph, likeness, voice, and/or company information for purposes of advertising, promotion and publicity in any and all media (including the internet); and (iii) a Liability Release Form, releasing Terex, its subsidiaries, affiliates, advertising and promotional agencies, the sweepstakes judges, Terex distributors, those involved in the Sweepstake’s development or execution and all of their respective owners, directors, officers, representatives, employees, agents, successors and assigns from any and all liability arising from this Sweepstakes and/or the receipt or misuse of a prize or parts thereof, including, without limitation, liability for death, personal injury, damage or loss of any kind. Winners must sign and return all required affidavits and releases to Terex within fourteen (14) days of being notified of prize winnings and the failure to do so may, at Terex’s option, result in prize forfeiture.
13. CONDITIONS OF PARTICIPATION: Prizes may not be substituted, transferred or redeemed for cash, except by Terex, which reserves the right to substitute a similar prize of equal or greater value in its sole discretion. By taking part in this Sweepstakes, participants agree to be bound by these Official Rules and the decisions of Terex that are final in all matters relating to the Sweepstakes. Terex reserves the right permanently to disqualify from the Sweepstakes any person or business entity it believes has intentionally violated these Official Rules.
14. RELEASE: By entering, Entrants agree to release, discharge, indemnify, defend, and hold harmless Sponsor, and Instagram, and their respective parents, subsidiaries, affiliates, and each of their respective officers, directors, members, employees, agents, and agencies, (“Released Parties”) from and against any demands, claims, liability, costs, losses, damages, or cause of action, including, without limitation, personal injury, death, or damage to or loss of property, arising out of, in whole or part, directly or indirectly, from participating or attempting to participate in the Sweepstakes or from acceptance, possession, misuse, use, or award of the Prizes. All Prize Winners shall bear all risk of loss or damage to their Prizes after they have been delivered.
15. PUBLICITY: Except where prohibited by applicable law, acceptance of a Prize constitutes each Prize Winner’s (or his or her parents' or legal guardian's) consent to Sponsor’s use of that Prize Winner’s name, likeness, photograph, voice, biographical information, statements, and/or home state or reference, tag, share material from, or otherwise promote the Prize Winner's social media page on Instagram, for advertising and promotional purposes in connection with the promotion and reporting of the Sweepstakes in any media, worldwide, without remuneration for said use.
16. GENERAL TERMS AND CONDITIONS: Sweepstakes subject to the federal, state and local laws of the United States. VOID WHERE PROHIBITED. Sweepstakes materials are void if they contain printing, mechanical or other errors. Incomplete entries will be disqualified. Terex, its subsidiaries, agents and affiliates are not responsible for lost, late, stolen, illegible, incomplete, damaged, misdirected or mutilated entries. Terex reserves the right, in its sole discretion, to cancel, suspend or modify this Sweepstakes in any way, at any time, and without notice, should a problem beyond Terex’s control corrupt the administration, security or proper play of this Sweepstakes. Terex reserves the right to award prizes from among the entries received prior to the time of suspension. If Terex determines that there is any suspected or actual tampering with the Sweepstakes, or if technical difficulties compromise the integrity of the Sweepstakes, Terex reserves the right, in its sole discretion, to void any entries that appear to have been submitted fraudulently or to cancel or modify the Sweepstakes, in whole or in part. All entries become property of Terex and none will be acknowledged or returned. The Sponsor’s administration and operation of the Sweepstakes and the selection of the potential Prize Winners are final and binding in all matters related to the Sweepstakes.
17. DISPUTES/GOVERNING LAW: Participants agree that the Sweepstakes is governed solely by United States law. Any claims arising out of the Sweepstakes shall be governed solely by United States law and may be brought only in a federal or state court in King County, Washington. If any provisions of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.