Dirt Bag Giveaway – Rules
SPONSOR & ADMINISTRATOR:
Daedong-USA, Inc. KIOTI Tractor Division
6300 KIOTI Drive
Wendell, NC 27591
“KIOTI’s Dirt Bag Giveaway” (“Promotion”) is sponsored by Daedong-USA, Inc. KIOTI Tractor Division (“Sponsor”). This Promotion is governed by these Official Rules (“Official Rules”). By participating in the Promotion, each Entrant agrees to abide by these Official Rules, including all eligibility requirements, and understands the results of the Promotion, as determined by Sponsor and its agents, are final in all respects. The Promotion is subject to all federal, state and local laws and regulations and is void where prohibited by law. NO PURCHASE NECESSARY TO ENTER TO WIN THIS PROMOTION. PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook.
The Promotion will begin on Monday, December 7, 2020 at 11:59:59 PM EST and ends on Monday, December 14, 2020 at 11:59:59 PM EST (the “Entry Period”). All Entries must be received between the times stated for the Entry Period.
HOW TO ENTER:
ALL ENTRIES MUST BE RECEIVED BY MONDAY, DECEMBER 14, 2020 AT 11:59:59 PM EST TO BE ACCEPTED. Entry can be submitted on the KIOTI Tractor Facebook Page. The KIOTI Tractor Facebook Page entry form must be completed in full by the individual submitting the Entry. Proof of identity may be required. Multiple Entries by the same individual will not be accepted.
Six (6) people will be chosen by random software to receive a KIOTI Dirt Bag that contains a stuffed animal, a KIOTI water bottle, a KIOTI hat and a KIOTI gaiter. Sponsor reserves the right to make substituitons of comparable value to the contents of the Dirt Bags given away.
MUST BE 18 YEARS OF AGE OR OLDER TO ENTER. To be eligible for this promotion, you must be a legal resident of the fifty (50) United States, the District of Columbia, or be a legal resident of Canada. Sponsor has the right to verify the eligibility of each Entrant. Daedong-USA, Inc. KIOTI Tractor Division employees, and parent, affiliate, subsidiary companies, agents, and representatives of Sponsor are not eligible and are excluded from Promotion. ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF THE AWARD ARE SOLELY THE RESPONSIBILITY OF THE WINNER. INCOMPLETE ENTRIES WILL BE DISQUALIFIED. Sponsor has no obligation to advise an Entrant of an incomplete or otherwise non-compliant Entry. Sponsor is not responsible for lost, late, invalid, unintelligible, incomplete, garbled, or misdirected Entry(s), which will be disqualified, in Sponsor’s sole discretion. Void where prohibited by law.
CONTENT SUBMISSION POLICY:
POSTED CONTENT HAS NOT BEEN EDITED BY SPONSOR. POSTED CONTENT REPRESENTS THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT, AND DOES NOT NECESSARILY REFLECT THE VIEWS OF SPONSOR IN ANY MANNER. This policy applies to any video or other material (collectively, “Content”) that Entrants submit to the Sponsor via its social media platform where the Promotion appears. The purpose of submitting your Content is to qualify to receive a Dirt Bag. All Content submitted is subject to review and removal at the sole and absolute discretion of Sponsor.
Below are the Content restrictions:
- Content cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, or contain nudity;
- Content cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;
- Content cannot be obscene, offensive, or endorse any form of hate or hate group;
- Content cannot defame, misrepresent or contain disparaging remarks about Sponsor, KIOTI products, KIOTI dealers, or any other people, products, or companies;
- Content cannot contain trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind other than KIOTI without Sponsor’s permission and the express permission of the other brand or product;
- Content cannot contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media) without the written permission of the copyright owner;
- Content cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without the written permission of the owner;
- Content cannot communicate messages or images inconsistent with the positive images and/or goodwill with which Sponsor wishes to be associated; and
- Content cannot violate any law or depict any unlawful act or omission.
BY SUBMITTING CONTENT, YOU ACKNOWLEDGE AND AGREE THAT YOUR CONTENT MAY BE POSTED ON SPONSOR’S WEBSITE/SOCIAL PLATFORM IN SPONSOR’S SOLE AND ABSOLUTE DISCRETION. Sponsor reserves the right to, and may or may not, monitor/screen Content prior to posting it. By submitting Content, you acknowledge that Sponsor has no obligation to use or post any Content you submit. By submitting Content, you warrant and represent that it: (a) is your original work, (b) has not been previously published, (c) has no previous awards, (d) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (e) that you have obtained written permission from any and all persons whose names, likenesses or voices are used in the Photo (if any) and (f) and that publication of the Content via various media, including Web posting, will not infringe on any third-party rights.
ELECTION OF WINNER AND AWARD NOTIFICATION:
Five (5) winners will be selected using random software selection from all qualifying Entries received on the KIOTI Tractor Facebook page.
Winners selected at random (the “Winners”) will be notified within ten (10) days after the Entry Period. Announcement and instructions with respect to the Award will be given to the Winner via messenger, email and/or phone contact information provided on KIOTI Tractor Facebook page entry submission. If a Winner is not available or cannot be contacted within 3 weeks of initial correspondence by Sponsor, that Winner shall forfeit the Award to the next randomly selected winner. Upon the request of the Sponsor, any Entrant, including the Winners, may be required to return an Affidavit of Eligibility, Release and Award Acceptance Form and IRS W-9 form. If an Entrant fails to comply with these official rules, that Entrant will be disqualified.
Award will be delivered to the Winner approximately 3-4 weeks after winner has been notified and shipping details received. Winner will be responsible for any and all Federal, State and Local taxes. Shipping costs of award will be paid for by the Sponsor.
By participating, each Entrant agrees to abide by these Official Rules. By posting content, each Entrant agrees that anything submitted can be used by the Sponsor for any purpose, including but not limited to, marketing and advertising. Your submission of Content grants Sponsor and its agents an unlimited, worldwide, perpetual, license and right to publish, use, edit, revise, adapt, modify, and publicly perform, broadcast, display, and disseminate the Content in any way, at any time, and in any and all media, without limitation, and without consideration to you. By submitting Content, you agree that (1) your submission is gratuitous and offered without restriction, (2) your submission will not subject Sponsor to any obligation, and (3) Sponsor may disclose the ideas contained in the Content on a non-confidential basis to anyone or otherwise use the ideas without your consent and without any compensation to you. Entrant also relinquishes and releases any and all rights and ownership interest Entrant may have in submitted Content and transfers to Sponsor any and all such rights and interest, including copyrights. By participating, the Winners agree to have his, her or its name, voice, or likeness, as applicable, used in any advertising or broadcasting material relating to this Promotion without receiving additional financial or other compensation, and, where legal, to sign a publicity release confirming such consent prior to acceptance of the Award (the “Release”). By participating, each Entrant grants Sponsor permission to add Entrants contact information to the Sponsor’s promotional mailing and/or email list. Sponsor shall not be responsible for KIOTI Tractor Facebook Page entries, or electronic transmissions that are lost, late, stolen, incomplete, illegible, damaged, garbled, destroyed, misdirected or not received by the Sponsor or its agents for any reason, including but not limited to any technical malfunctions, human error, software/ hardware failure, or telecommunication errors, whether caused by the sender or by any of the equipment or programming associated with or used in this Promotion. If for any reason this Promotion cannot be executed as planned by Sponsor, including but not limited to tampering, unauthorized intervention, fraud, technical failures of any kind, or any other causes beyond the control of the Sponsor that corrupt or affect the security, administration, fairness, integrity or proper conduct of this Promotion, the Sponsor reserves the right to terminate, modify, or suspend the Promotion. If the Promotion is terminated before the end of the Entry Period, Sponsor may select the Winner from all eligible KIOTI Tractor Facebook Page entries received as of the termination time and date. Sponsor reserves the right, at its sole discretion, to disqualify any entry and prosecute any individual or entity that tampers with or attempts to tamper with the entry process. CAUTION: ANY ATTEMPT BY ANY PERSON OR ENTITY TO DELIBERATELY DAMAGE OR OTHERWISE CORRUPT OR UNDERMINE ANY OPERATION OF THE PROMOTION OR THE AWARD MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO DISQUALIFY, PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON OR ENTITY TO THE FULLEST EXTENT PERMITTED BY LAW.
Sponsor and its respective parent, affiliate and subsidiary companies, agents, and representatives are not responsible for any typographical or other errors in the Promotion or administration of the Promotion, including, but not limited to, errors in any printing or posting of these Official Rules, the selection and announcement of the Winner, or the distribution of any Award. Sponsor and its respective parent, affiliate and subsidiary companies, agents, and representatives, and any network or service providers, are not responsible for incorrect or inaccurate transcription of entry information, or for any human error, technical malfunction, lost or delayed data transmission, omission, interruption, deletion, line failure or malfunction of any telephone network, computer equipment or software, the inability to access any website or online service or any other error, human or otherwise.
The Winners may be required to execute a legal agreement and release (“Release”) that confirms Winner’s: (i) eligibility for the Contest and compliance with these Contest Rules; (ii) acceptance of the Prize as offered; (iii) release of Facebook and Daedong-USA, Inc. and its respective parent companies, subsidiaries, affiliates, and/or related companies and each of their employees, directors, officers, unitholders, suppliers, agents, Daedong-USA’s, administrators, licensees, representatives, advertising, media buying and promotional agencies (collectively, the “Releasees”) from any and all liability for any loss, harm, damages, cost or expense arising out of participation in this Contest, participation in any Contest-related activity or the acceptance, use, or misuse of any Prize, including but not limited to costs, injuries, losses related to personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light, or from any and all claims of third parties arising therefrom; and (iv) grant to Daedong-USA, Inc. of the unrestricted right, in Daedong-USA, Inc.’s individual discretion, to produce, reproduce, publish, broadcast, communicate by telecommunication, exhibit, distribute, adapt and otherwise use or re-use the Winner’s name, photograph, likeness, voice and biography, in any and all media now known or hereafter devised, in connection with the Contest and the promotion and exploitation thereof. The executed Release, if requested, must be returned within two (2) business days of the verification as a Winner or the selected entrant may, at the sole and absolute discretion of Daedong-USA, Inc., be disqualified and the Prize forfeited.
INDEMNIFICATION AND LIMITATION OF LIABILITY:
BY ENTERING THE PROMOTION, EACH ENTRANT AGREES TO INDEMNIFY, RELEASE AND HOLD HARMLESS SPONSOR AND ITS PARENT, AFFILIATE AND SUBSIDIARY COMPANIES, ADMINISTRATOR, ADVERTISING AND PROMOTIONAL AGENCIES, AGENTS AND REPRESENTATIVES, AND FACEBOOK AND ALL THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS FROM ANY LIABILITY, DAMAGES, LOSSES OR INJURY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THAT ENTRANT’S PARTICIPATION IN THE PROMOTION AND THE ACCEPTANCE, USE OR MISUSE OF ANY AWARD.