THIS CONTEST IS OPEN TO LEGAL RESIDENTS OF THE UNITED STATES AND CANADA ONLY. DO NOT ENTER THIS CONTEST UNLESS YOU ARE A LEGAL RESIDENT OF: 1) ONE OF THE 50 STATES IN THE U.S.; OR 2) CANADA.
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR ODDS OF WINNING.
Eligibility: This Contest is open to legal residents of the 50 states of the United States and Canada who have reached the age of majority in their state or province of residence. Employees, representatives and agents of John Deere Construction & Forestry Company and John Deere Canada ULC (collectively, the “Sponsor”), their parent and affiliated companies, subsidiaries, including without limitation, Waratah Forestry Attachments LLC, Waratah Forestry Equipment Canada Inc. (collectively referred to as Waratah), authorized John Deere and Waratah dealers, advertising and promotional agencies, and vendors who in the sole discretion of Sponsor are determined to be so closely related to Waratah operations such that participation would result in the appearance of impropriety, and the immediate family and members of the same household of each such ineligible person are not eligible to enter or win. Immediate family is defined as: mother, father, brother, sister, spouse, children, son-in-law, daughter-in-law, brother-in-law, sister-in-law, mother-in-law, father-in-law, step-parents, step-children, grandmother, grandfather, and grandchildren. SUBJECT TO ALL FEDERAL, STATE, PROVINCIAL AND LOCAL LAWS. VOID IN PUERTO RICO AND WHERE PROHIBITED OR RESTRICTED BY LAW.
Timing: There will be seventeen chances to win during the period August 7, 2019 until December 9, 2020 (the “Contest Period”). Winners will be selected at random once each month from all eligible entries submitted during each of the following entry periods: August 7 – 14, 2019; September 4 – 11, 2019; October 2 – 9, 2019; November 6 – 13, 2019; December 4 – 11, 2019; January 8- 15, 2020; February 5 – 12, 2020; March 4 – 11, 2020; April 1 – 8, 2020; May 6 – 13, 2020; June 3 – 10, 2020; July 1 – 8, 2020; August 5 – 12, 2020; September 2 – 9, 2020; October 7 – 14, 2020; November 4 – 11, 2020; and December 2 – 9, 2020 (each above entry period will be referred to as an “Entry Period”). Entries may be submitted during each Entry Period beginning at 12:01 a.m. CDT on the first day of the Entry Period until 12:01 p.m. on the last day of the Entry Period. The monthly Entry Period winner will be contacted by the Sponsor via Facebook direct message no later than 5 p.m. CDT on the last day of the applicable Entry Period.
How to Enter: To enter, post a selfie with your Waratah head on the Waratah Forestry Facebook page (https://www.facebook.com/WaratahForestry/) and tag it with #WaratahHeadshot during each Entry Period. Entries do not carry over from one Entry Period to the next. You may enter multiple times during each Entry Period but must complete and submit a separate, original selfie with your Waratah head for each entry. Sponsor is not responsible for entries not received for any reason. Entries will not be acknowledged or returned.
Conditions of Entry: By entering, entrants agree to accept, abide by and acknowledge compliance with these Official Rules, including but not limited to all eligibility requirements, the Other Terms and Conditions herein and the decisions of Sponsor, which rules and decisions are final and binding on all entrants. Entrants who do not fully comply with these Official Rules will be disqualified.
Contest Entry Guidelines: By submitting an Entry the entrant warrants and represents that: (a) the Entry is the entrant’s original work, (b) the Entry has not been previously published, (c) the Entry has not previously won awards, (d) the Entry 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 the entrant has obtained permission from any person whose name or likeness is used in the Entry (if any); and (f) that publication (if any) of the Entry via various media including Web posting, will not infringe on the rights of any third party rights. Any such entrant will indemnify and hold harmless, Sponsor from any claims to the contrary. The Entry must meet the following guidelines:
Entries must comply with these Official Rules;
Entry cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or reference pornography, nudity or any materially-dangerous activity;
Entry cannot promote alcohol, illegal drugs, tobacco, marijuana, firearms/weapons (orthe use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;
Entry cannot be obscene or offensive, endorse any form of hate or hate group;
Entry cannot defame, misrepresent or contain disparaging remarks about Sponsor or its products or services, or other people, products or companies;
Entry cannot depict situations in which persons are engaged in unsafe behavior or otherwise include equipment or other products, manufactured or distributed by Sponsor, being used in an unsafe manner or inconsistent with the applicable Operator’s Manual.
Entry cannot infringe trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind, without permission, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
Entry cannot infringe copyrighted materials owned by others. Sponsor does not permit the infringement of others’ rights and any use is grounds for disqualification from the Contest. Do not copy lines from your favorite movie or book or include materials or trademarks belonging to any third parties or incorporate the names, likeness or personas of any party other than yourself unless you have obtained all rights necessary to permit you to use the same in connection with your Entry and grant the rights herein granted to Sponsor;
Entry cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission;
Entry cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; and
Entry cannot depict or promote illegal activities and cannot be in violation of any law.
Any waiver of any entrant obligation hereunder by Sponsor does not constitute a general waiver of entrant obligations. Sponsor reserves the right to waive the Contest entry requirements set forth herein or edit an Entry in its sole reasonable discretion. Sponsor reserves the right, in its sole reasonable discretion, to request that any entrant resubmit an Entry which fails to comply with the Entry requirements prior to the end of each Entry Period.
Winner Selection: Winners will be chosen at random by Sponsor personnel. Incomplete and/or inaccurate entries and entries not complying with all rules are subject to disqualification. Decisions are final and binding. Finalists will be selected and will be notified via Facebook direct message.
Odds of winning the prize depend on the number of eligible entries received. For Canadian residents, in order to be eligible to win, the selected entrant must correctly answer, unaided, a time limited, mathematical, skill-testing question.
Prize Description: Winners will receive a Waratah hat valued at approximately $10 (USD). The prize will be mailed to the winner’s preferred mailing address as designated by the winner at time of completion of the standard declaration and release. No other transfer or substitution of prizes permitted except where required by law.
Winner Notification/Verification: Winners will be notified by via Facebook direct message within 5 business days of selection. Winners must complete and sign the standard declaration and release form, confirming compliance with the Official Rules and releasing all employees, officers, directors, representatives and agents of the Sponsor and Waratah, their affiliated companies, subsidiaries, authorized dealers, suppliers and advertising and promotional agencies from all liability. This form must be returned to the Sponsor within 10 business days of receipt. If the selected entrant cannot be contacted, does not respond within 10 business days of the date of the notification, fails to complete, sign and return the standard declaration and release form within the specified time, or otherwise fails to comply with these Official Rules, the selected entrant will be disqualified and an alternate entrant shall be selected in the manner described above from all remaining entries received during the applicable Entry Period. The Sponsor, its affiliated companies, subsidiaries, authorized dealers, suppliers and advertising and promotional agencies are not responsible for late, lost, stolen, delayed, illegible, incomplete, destroyed, misdirected or unsuccessful efforts to notify selected participants. The Sponsor is not responsible if the prize is lost, stolen or damaged and the prize will not be replaced. A prize is not transferable and must be accepted as awarded. No exchange for cash will be permitted and no refunds are allowed. The value of the prize may be taxable as income; winner is responsible for any applicable taxes. All taxes, fees, duties and surcharges on the prize and/or the redemption thereof are the sole responsibility of the winner. If the original prize becomes unavailable for any reason, the Sponsor reserves the right to substitute a prize that has the same or greater value than that of the original prize. Each winner agrees to indemnify and hold harmless all employees, officers, directors, representatives and agents of the Sponsor and Waratah, their affiliated companies, subsidiaries, authorized dealers, suppliers and advertising and promotional agencies from and against any liability for all taxes, fees, duties and surcharges on a prize.
Other Terms and Conditions: By accepting a prize, the winner agrees that Sponsor and Waratah may use the winner’s name, statements, and/or photograph, in any and all media, and in any and all future advertising or publicity, without further consideration, unless prohibited by law. If a winner does not agree to this, the winner will forfeit their prize and an alternate winner shall be selected. BY ACCEPTING THE PRIZE, THE WINNER AGREES THAT ALL EMPLOYEES, OFFICERS, DIRECTORS, REPRESENTATIVES AND AGENTS OF THE SPONSOR, WARATAH, DEERE & COMPANY, ITS AFFILIATED COMPANIES, SUBSIDIARIES, AUTHORIZED DEALERS, SUPPLIERS AND ADVERTISING AND PROMOTIONAL AGENCIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND WILL BE HELD HARMLESS BY WINNER FOR ANY LIABILITY, ANY INJURY, LOSS OR DAMAGES OF ANY KIND, TO WINNER OR OTHER PERSONS, INCLUDING (WITHOUT LIMITATION) INJURIES, LOSS OR DAMAGES ARISING OUT OF OR RELATING TO DEATH, INJURIES, DAMAGES OR LOSSES TO PROPERTY, DUE IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE OR PARTICIPATION IN THIS CONTEST OR PARTICIPATION IN ANY CONTEST OR PRIZE RELATED ACTIVITY.
Governing Law and Disputes: This Contest is governed by the laws of the State of Illinois forentrants located in the United States and the Province of Ontario for Entrants located in Canada. Any and all disputes, claims and actions arising out of or connected with this Contest, or any prize awarded, shall be resolved individually, without resort to any form of class action, and exclusively by binding arbitration. Any and all claims, judgments and awards shall be limited to actual outof-pocket costs incurred, including costs associated with entering this Contest, but in no event attorney’s fees, or punitive, special or consequential damages.
Miscellaneous: All entries become the sole property of John Deere Construction & Forestry Company, John Deere Canada ULC, their parent and affiliated companies, subsidiaries, including without limitation, Waratah Forestry Attachments LLC and Waratah Forestry Equipment Canada Inc., and will not be returned. If, for any reason, the integrity of the Contest is compromised, including due to tampering, unauthorized intervention, fraud, technical failure, human error or any other causes beyond the control of Sponsor that corrupt or affect the administration, security, fairness, or proper conduct of the Contest, Waratah reserves the right in its sole discretion, to cancel, terminate, modify or suspend the Contest. In addition, Sponsor reserves the right to disqualify any person deemed to have compromised the integrity of the Contest, including the entry process. In such event, Sponsor may award a prize in a random drawing from all eligible entries received up to the date of cancellation or suspension. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, theft or destruction or unauthorized access to, or alteration of, entries. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY ENTRIES OR UNDERMINE THE LEGITIMATEOPERATION OF THIS CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO SEEK REMEDIES AND DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW AND/OR TO CANCEL, TERMINATE, MODIFY OR SUSPEND THE CONTEST.
Sponsor: The Sponsor of this Contest is John Deere Construction & Forestry Company, a wholly owned subsidiary of Deere & Company for the U.S. and John Deere Canada ULC, a wholly owned indirect subsidiary of Deere & Company for Canada. The Sponsor’s address is:
John Deere Construction & Forestry Company
1515 5th Avenue
John Deere Canada ULC
295 Hunter Road
P.O. Box 1000
United States Policy: