SANY 2024 Content Rules

May 2, 2024

SANY AMERICA GIVEAWAY

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. CONTEST OFFERED ONLY IN THE 50 UNITED STATES, THE DISTRICT OF COLUMBIA, AND CANADA (EXCLUDING QUEBEC); AND IS OPEN ONLY TO LEGAL RESIDENTS, AGE 21 OR OLDER, OF THE 50 UNITED STATES, THE DISTRICT OF COLUMBIA, AND CANADA (EXCLUDING QUEBEC). VOID WHERE PROHIBITED OR RESTRICTED BY LAW. THESE OFFICIAL RULES GOVERN ALL ASPECTS OF PARTICIPATION AND AWARDING OF PRIZES.

THESE OFFICIAL RULES CONTAIN AN ARBITRATION AGREEMENT, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST CONTEST FACILITATORS (DEFINED BELOW) TO BINDING AND FINAL ARBITRATION. UNDER THE ARBITRATION AGREEMENT, (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST CONTEST FACILITATORS ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.

The SANY AMERICA GIVEAWAY (the “Contest”) begins at 12:01 a.m. EDT on May 1, 2024 (the “Contest Start Date”) and ends at 11:59 p.m. EDT July 31, 2024 (the “Contest End Date”) (such period referred to herein as the “Contest Period”). The Contest will take place online at [giveaway.forconstructionpros.com] (“Contest Site”). Entries submitted before or after the Contest Period or not at the Contest Site will not be eligible. Administrator’s computer is the official time-keeping device for the Contest.

The Contest is sponsored by SANY America (the “Sponsor”) and administered by IRONMARKETS dba ACBM, LLC (“Administrator”) (together the “Contest Facilitators” and each a “Contest Facilitator”). Prizes are provided by Administrator. The Contest is in no way sponsored, endorsed or administered by, or associated with [insert any social media platforms on which you will administer the Contest, e.g., Facebook, Instagram, X, etc.]. You are providing your information to the Sponsor, and not to [Instagram, Facebook, Twitter, etc.]. Any questions, comments or complaints regarding the Contest shall be directed to the Sponsor and not to [Facebook, Instagram, X, etc.].]

ELIGIBILITY:

Participant Eligibility. The Contest is open only to legal residents of the 50 United States, the District of Columbia and Canada (excluding Quebec) who are natural persons and twenty-one (21) years of age or older at time of entry. Proof of age, eligibility and identity must be furnished to Administrator as requested. Entrant may be subject to rules imposed by his/her employer relative to their participation in the Contest and should check with his/her company for any relevant policies. By participating in the Contest, entrant warrants that he/she has complied with his/her employer’s policy regarding acceptance of premiums or gifts and that he/she has informed his/her employer of entrant’s participation in the Contest. Employees, agents, sales representatives, and distributors of any Contest Facilitator, their respective parent, subsidiary and affiliated companies, advertising and promotion agencies, or any other company or individual involved with the design, production, execution, distribution or judging of the Contest (and members of their immediate family and/or those living in the same of household) are not eligible to enter or win the Contest. Entrant warrants…Participation is subject to all applicable federal, state and local laws and regulations. VOID WHERE PROHIBITED.

Contest Facilitators reserve the right to verify an entrant’s eligibility or to adjudicate on any dispute at any time before, during, or after the Contest. If you provide any false information relating to the Contest concerning your identity, residency, mailing address, telephone number, email address, ownership or right, or information required for participating in the Contest, you may be immediately disqualified from the Contest in Contest Facilitators’ sole discretion.

Neither Contest Facilitators nor their respective parents, subsidiaries and affiliated companies, advertising or promotion agencies, or other company or individual involved with the design, production, execution, distribution or judging of the Contest warrants that participation in this Contest is permitted under applicable law(s) in any jurisdiction. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Contest Facilitators’ decisions, which are final and binding in all matters related to the Contest. The Contest consists of two $500 gift Amazon gift cards (the “Prizes”). Winning a Prize is contingent upon fulfilling all requirements set forth herein. Entrants are only eligible to win one prize per person.

PRIZES:

The following Prizes are available to be won in the Contest:

Grand Prize

2 $500 Amazon Gift Cards

Total approximate retail value $1,000 ($500 ea.)

Odds of winning are affected by the number of eligible entries received during the Contest Period. The total approximate retail value of all Prizes is $1,000. Two prizes will be awarded. Additional terms and conditions may apply to winner’s use of the prize, including any and all Amazon.com Gift Card Terms & Conditions as outlined here. Contest Facilitators are not responsible for Prize utility, quality or otherwise. Allow 3-4 weeks after validation of eligibility and arrangement for receipt and delivery of Prize, which will be delivered digitally by the Administrator. Sponsor is not responsible for delays in delivery of the Prize. In order to receive a Prize, the winners may be required to provide proof of identification among other documents, materials, and information as requested by Administrator. ADD TARGETING DEMO

The winner(s) is responsible for all taxes and fees associated with Prize receipt and/or use, licensing, and other expenses related to the receipt, possession, acceptance, and use of the Prize. A Prize may be subject to reporting for tax and other purposes. Winner should consult his/her tax advisers with respect to any applicable taxes relating to any Prize. Winners agree to supply Administrator with any information necessary for tax reporting purposes and to cooperate in fulfilling all applicable legal requirements.

Prizes are non-transferable and non-assignable by the winner. No substitution of the Prizes will be made except as provided herein at the Contest Facilitators’ sole discretion. Contest Facilitators reserve the right to substitute a prize for one of equal or greater value if the designated Prize should become unavailable for any reason. No Prize can be redeemed for any cash value, credit or future promotions.

ALL PRIZES ARE AWARDED AS IS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS MAY NOT ALLOW (OR MAY LIMIT) DISCLAIMERS OF CERTAIN WARRANTIES, IN WHICH CASE THE FOREGOING DISCLAIMERS WILL BE ENFORCED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

HOW TO ENTER: In order to enter the Contest, you are required to (1) register online at the Contest Site by filling in an electronic form and (2) meet the eligibility requirements listed above. No money or other thing of value may be collected, charged, contributed or exchanged as a condition of entry into the Contest.

By participating in this Contest, you accept that your information will be provided to the Contest Facilitators and that you may receive marketing emails from Contest Facilitators (see Section 11 below for more information). You may opt-out after you receive your first email.

To enter, the entrant must meet all eligibility requirements. Limit one (1) entry per person/family/household/email address during the Contest Period regardless of method of entry. Entries must be completed in English. All entry form information must be complete and accurate. Entries generated by automated means or which, in the opinion of the Administrator, are intended to subvert the entry process, will be void.

MULTIPLE ENTRIES WILL NOT BE ACCEPTED, AND ATTEMPTS TO ENTER MULTIPLE TIMES USING MULTIPLE/DIFFERENT EMAIL ADDRESSES, IDENTITIES, REGISTRATIONS AND LOGINS, OR ANY OTHER METHODS MAY DISQUALIFY ALL ENTRIES SUBMITTED.

Entries become the property of Administrator and will not be returned. No automatic, programmed, robotic or similar automated means of entry are permitted, and individuals engaging in such practices will be disqualified. Contest Facilitators are not responsible for lost, late, damaged, mutilated, illegible, delayed, corrupted, non-delivered, misdirected, incomplete or inaccurate entries, or for any technical problems, malfunctions of any telephone lines, computer systems, servers, providers, hardware or software, lost or unavailable network connections, incorrect or inaccurate capture of entry information or loss of entry information, failed, incomplete, garbled or delayed computer transmissions, or any other human or technical errors of any kind, or any combination of any of the foregoing. Entries that are incomplete, illegible or corrupted are void and will not be accepted. Contest Facilitators do not assume any responsibility for undeliverable e-mails resulting from any form of active or passive e-mail filtering by a user’s Internet service provider and/or e-mail client or for insufficient space in user’s e-mail account to receive e-mail. Contest Facilitators are not responsible for any liability for damage to any computer system resulting from participation in or accessing or downloading information in connection with this promotion. Administrator reserves the right in its sole discretion to: (i) disqualify any individual who tampers with the entry process; and (ii) cancel, modify or suspend this Contest should a virus, bugs, entrant fraud or misconduct, or other causes beyond the control of the Contest Facilitators, in its sole determination, corrupt the administration, integrity, security or proper operation of the Contest. In the event of termination of the Contest, a notice will be posted on-line and a random drawing to award the Prizes will be conducted from among all eligible entries received prior to the time of termination.

CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, CONTEST FACILITATORS RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.

Proof of submission does not constitute proof of receipt. In the event of a dispute as to any registration, the authorized account holder of the email address used to register at the time of entry will be deemed to be the registrant. The “authorized 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. Each potential winner may be required to show proof of being the authorized account holder.

SELECTION OF WINNERS, NOTIFICATION, AND VERIFICATION: On or about [Date of Prize Drawing], Administrator will select Prize winner(s) in a random drawing of all valid entries received (each a “Selected Winner”). If you are a Selected Winner, your entry will no longer be eligible for additional prizes and your entry will be removed from future drawings as part of this Contest. The Selected Winner(s) will be notified by email or phone on the same day of the draw, at Administrator’s discretion using the information provided when the participant entered the Contest. notification shall include instructions for proper acceptance of the prizes by the winners. If so instructed in the notification, the Selected Winner must communicate acceptance to Administrator by responding to the notification and providing all required information and documentation (collectively, a “Response”) within twenty-four (24) hours of the notification. Except where prohibited, a Selected Winner may be required to complete and return an affidavit of eligibility and liability/publicity release or otherwise prove their identity and age. Each Selected Winner may be required to sign and return to Sponsor a completed Form W 9 (“W-9”) for tax reporting purposes, in order to claim their Prize. Depending on the jurisdiction in which an entrant resides, a Selected Winner may be required to correctly answer a skill-testing question in order to be eligible to be awarded a prize.

If, for any reason, the Selected Winner fails to respond within the required time, if the Notification is returned as undeliverable or fails to reach the Selected Winner for any reason, the Selected Winner cannot be verified in a timely manner, the Selected Winner is ineligible or does not accept the Prize, or the Selected Winner does not complete any of the steps required by these Official Rules, the Selected Winner may be disqualified and an alternate Selected Winner may be selected at Sponsor’s sole discretion (though Sponsor reserves the right to not award the Prize at all).The Contest Facilitators are not responsible for and shall not be liable for late, lost, misdirected or unsuccessful efforts to notify a winner. If an alternate Selected Winner is selected, they will be subject to the same notification and response obligations and may be disqualified in the same manner. Administrator shall not be responsible for any inability of the Selected Winner to accept or use any portion of the Prize for any reason.

If for any reason, any Prize is not awarded within three (3) months of the drawing, at its discretion, Administrator may decide not to award the Prize. Except for the Selected Winners, no other entrants will be directly notified about the results of the Contest.

Subject to completion verification of eligibility and compliance with the terms of these Official Rules, each Selected Winner will be declared the official winner of the relevant Prize (each an “Official Winner” and collectively, the “Official Winners”).

The Official Winners agree to Sponsor’s use of their name, address, likeness, and/or prize information for promotional purposes in any medium without additional compensation to the extent permitted by law (as further described in Section 6 below).

LICENSE GRANT: By submitting an entry to the Contest, you grant Contest Facilitators, their affiliates, agents, licensees, and assigns, an irrevocable, perpetual, worldwide, royalty-free, non-exclusive right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use your entry and any information provided with your entry as-is or as-edited (with or without your name, image and likeness) in any media throughout the world for any purpose, without limitation, and without additional review, compensation or approval from you.

PUBLICITY: Except where prohibited or restricted by law, winner’s acceptance of a Prize constitutes the Official Winner’s agreement and consent for Contest Facilitators and any of their respective designees to use and/or publish Official Winner’s full name, city and state of residence, Prize information, photographs or other likenesses, pictures, portraits, video, voice, testimonials, biographical information (in whole or in part), and/or statements made by winner regarding the Contest or Contest Facilitators, worldwide and in perpetuity for any and all purposes, including (but not limited to) advertising, trade and/or promotion on behalf of Contest Facilitators, in any and all forms of media, now known or hereafter devised, including (but not limited to) print, TV, radio, electronic, cable or web, without further limitation, restriction, compensation, notice, review or approval. YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOUR PERSONAL INFORMATION MAY BE DISCLOSED TO THIRD PARTY ENTITIES INCLUDING, WITHOUT LIMITATION, PLACING YOUR NAME ON A WINNERS’ LIST.

CONTEST FACILITATORS RELEASE: For the avoidance of doubt, the Contest Facilitators are in no way responsible for the lawful operation of the Contest, including (a) the Official Rules; (b) Contest terms and eligibility requirements; and (c) and compliance with applicable rules and regulations governing the Contest and all Prizes offered.

GENERAL CONDITIONS: Contest Facilitators, nor any of their respective parent, subsidiary or affiliated companies, partners, employees, officers, directors, representatives, agents, attorneys, successors and assigns, shall have any obligation or responsibility, including any responsibility to award any Prize to entrants, with regard to: (a) entries that contain inaccurate information or do not comply with or violate the Official Rules; (b) entries, Prize claims or notifications that are lost, late, incomplete, illegible, unintelligible, damaged or otherwise not received by the intended recipient, in whole or in part, due to computer, human or technical error of any kind; (c) entrants who have committed fraud or deception in entering or participating in the Contest or claiming a Prize; (d) telephone, electronic, hardware, software, network, Internet or computer malfunctions, failures or difficulties; (e) any inability of the winner to accept a Prize for any reason; (f) if a Prize cannot be awarded due to delays or interruptions due to natural disasters, terrorism, weather or any other similar event beyond Contest Facilitators’ reasonable control; or (g) any damages, injuries or losses of any kind caused by any Prize or resulting from awarding, acceptance, possession, use, misuse, loss or misdirection of any Prize or resulting from participating in this Contest or any promotion or Prize related activities. Administrator reserves the right, in its sole discretion, to disqualify any individual it finds to be (i) tampering with the entry process or the operation of the Contest, or with any website promoting the Contest; (ii) acting in violation of the Official Rules; or (iii) entering or attempting to enter the Contest multiple times through the use of multiple email addresses or the use of any robotic or automated devices to submit entries. The decisions made by Contest Facilitators regarding, but not limited to, eligibility, winners, selection, prizes and compliance with these Official Rules are final and binding. Contest Facilitators reserve the right to make reasonable changes to these terms (excluding Section 10) (a) to ensure the fairness of competition, and (b) in response to unanticipated developments such as technical failures, errors, acts of God, natural disasters, terrorism, and changes in applicable law. If Administrator determines, in its sole discretion, that technical difficulties or unforeseen events compromise the integrity or viability of the Contest, Administrator reserves the right to void the entries at issue, and/or terminate the relevant portion of the Contest, including the entire Contest, and/or modify the Contest and/or award the Prizes, or any of them, from all eligible entries received as of the termination date. If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. Contest Facilitators’ failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

ENTRY CONDITIONS, LIMITATION OF LIABILTY, AND RELEASE: Each entrant agrees to: (a) comply with and be bound by these Official Rules and the decisions of Contest Facilitators which are binding and final in all matters relating to this Contest; (b) defend, indemnify on a current basis, release and hold harmless Contest Facilitators and their respective parent, subsidiary and affiliated companies, celebrities, advertising or promotion agencies, and any other person and organization responsible for designing, sponsoring, fulfilling, administering, advertising or promoting the Contest, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses and liability, including (but not limited to) negligence and damages of any kind to persons and 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, property damage, or death or personal injury arising out of, or relating to a participant’s entry, violation of these Official Rules, creation of an entry or submission of an entry, participation in the Contest, acceptance, possession, attendance at, defect in, delivery of, inability to use, use or misuse of any Prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry. Winner acknowledges that all Prizes are awarded as-is without warranty of any kind. Notwithstanding anything to the contrary in this Section, Released Parties may select their own legal counsel to represent their interests, and entrant shall reimburse the Released Parties for their costs and attorneys’ fees immediately upon request as they are incurred; and remain responsible to Released Parties for any losses indemnified under this Section.

By participating in this Contest, entrants agree that the Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (b) technical failures of any kind, including (but not limited to) malfunctions, interruptions or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the Contest; (d) technical or human error in the administration of the Contest or the processing of registrations; or (e) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use or misuse of any Prize, except, in each case, to the extent a final judicial determination is made that such damages were the result of Contest Facilitators’ gross negligence, fraud, willful misconduct, or intentional violation of law. If for any reason an entrant’s registration is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Contest. No more than the stated number of each Prize will be awarded.

None of the Released Parties assumes any liability for any personal injury or property damage or losses of any kind including, without limitation, direct, indirect, consequential, incidental or punitive damages which may be sustained to entrant resulting from entrant’s attempt to participate in the Contest or to Official Winner or others resulting from the acceptance or use of a Prize.

If, for any reason, the Contest is not capable of running as planned, or the integrity and or feasibility of the Contest is severely undermined by any event beyond the control of Contest Facilitators, including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state or local government law, order, or regulation, order of any court or jurisdiction, infection by computer virus, unauthorized intervention, technical failures or other cause not reasonably within the control of Contest Facilitators, Contest Facilitators reserve the right, at their sole and absolute discretion, to restart, abbreviate, cancel, terminate, modify or suspend the Contest and/or proceed with the Contest, including the determination of winner and Prize in a manner it deems fair and reasonable.

NOTWITHSTANDING ANYTHING ELSE HEREIN OR OTHERWISE, RELEASED PARTIES SHALL NOT BE LIABLE OR OBLIGATED WITH RESPECT TO ANY SUBJECT MATTER OF THESE OFFICIAL RULES (INCLUDING PARTICIPATION IN THE CONTEST OR ACCEPTANCE OR USE OF A PRIZE) OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR (A) ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, GOODWILL, OR ANTICIPATED PROFITS) (B) AMOUNTS IN EXCESS OF THE PRIZE FOR THE CONTEST, (C) DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, AND/OR (D) ANY MATTER BEYOND SUCH PARTIES’ REASONABLE CONTROL.

ENTRANT AGREES, ACKNOWLEDGES AND UNDERSTANDS THAT RELEASED PARTIES SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR LOST PROFIT DAMAGES. ENTRANT AGREES, ACKNOWLEDGES AND UNDERSTANDS THAT SPONSOR'S TOTAL AGGREGATE LIABILITY FOR ANY MATTER ARISING FROM OR RELATED TO THE CONTEST, WHETHER IN CONTRACT, TORT, OR UNDER ANY THEORY OF LIABILITY, SHALL NOT EXCEED THE HIGHEST PRIZE AMOUNT ASSOCIATED WITH THE CONTEST.

You are fully aware of the risks involved when participating in the Contest and accepting a Prize, and you voluntarily elect to participate with full knowledge of potential risks and hazards. You voluntarily assume full responsibility for any risk of loss, property damage, illness, or personal injury that you may sustain as a result of participating in the Contest, and you hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE the Released Parties from or in relation to any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, illness, or injury sustained by me while participating in the Contest.

ARBITRATION AGREEMENT; DISPUTE RESOLUTION BY BINDING ARBITRATION:

Agreement to Arbitrate: This Section is referred to in these Official Rules as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and the Contest Facilitators, whether arising out of or relating to these Official Rules, the Contest, your participation in the Contest, the prize, acceptance, possession, use or misuse of the prize, any advertising, or any aspect of the relationship between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by participating in the Contest, you and the Contest Facilitators are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

Prohibition of Class and Representative Actions and Non-Individualized Relief: YOU AND THE CONTEST FACILITATORS AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND THE CONTEST FACILITATORS AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).

Pre-Arbitration Dispute Resolution: Each Contest Facilitator is always interested in resolving disputes amicably and efficiently, and most participant concerns can be resolved quickly and to the participant’s satisfaction by emailing the Sponsor’s support team at [add email] or Administrator’s support team at [email protected]. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to the Sponsor should be sent to [add address] Attn: [add contact name] (“Sponsor Notice Address”) and Notice to the Administrator should be sent to 201 N. Main Street, Fort Atkinson, WI 53538, Attn: Amy Schwandt (“Administrator Notice Address”) (each a “Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If the Contest Facilitator and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or the Contest Facilitator may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by the Contest Facilitator or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or the Contest Facilitator is entitled.

Arbitration Procedures: Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Official Rules as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Official Rules and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Unless the Contest Facilitator and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA.

Costs of Arbitration: Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. Any payment of attorneys’ fees will be governed by the AAA Rules.

Confidentiality: All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

Severability: If a court or the arbitrator decides that any term or provision of this Arbitration Agreement other than the section titled as “Prohibition of Class and Representative Actions and Non-Individualized Relief” above is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of the section titled as “Prohibition of Class and Representative Actions and Non-Individualized Relief” is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of these Official Rules will continue to apply.

ENTRANT’S PERSONAL INFORMATION: Registration information collected may be used for Contest marketing by the Sponsor or Administrator. Information collected from entrants is subject to Sponsor’s Privacy Policy (which may be viewed at [fill in URL]) and Administrator’s Privacy Policy (which may be viewed at https://www.acbusinessmedia.com/privacy-policy/). By completing an entry, entrants consent to the collection, use and disclosure of the personal information provided on the entry for the purposes of administering this Contest, as provided for in these Official Rules and in accordance with those privacy policies. At any time, individuals may opt out of receiving marketing emails from Sponsor or Administrator via an “unsubscribe” or “opt out” link embedded in such emails.

WINNERS’ LIST: The first name, last initial, city and state of the contest winner(s) and a copy of these Official Rules will be available online at the [add link] after [Insert Contest End Date], and for a period of at least 90 days from posting. To obtain a copy of the winners’ list or a copy of these Official Rules, send your request along with a stamped, self-addressed envelope to: 201 N. Main Street, Fort Atkinson, WI 53538, Attn: Amy Schwandt. All such requests must be received within 90 days after the selection of Official Winner(s).

NOTICE: The Contest Facilitators reserves the right to prosecute and seek damages against any individual who attempts to deliberately undermine the proper operation of the Contest in violation of these Official Rules and/or criminal and/or civil law.