1st CUT CONTEST RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED BY LAW.
1. Contest Period: The 1st Cut Contest ("Contest") begins on May 5, 2015 at 12:00 AM United States Pacific Time ("PT") and ends on July 31, 2015 at 11:59 PM PT (the "Contest Period"). All entries must be received during the Contest Period to be eligible to win a prize.
The Contest is open only to legal residents of the fifty (50) United States, including the District of Columbia and Canada (excluding Quebec) who are 18 years of age or older or the age of majority in their jurisdictions of residence, as of date of Submission (defined below). Directors, officers and employees of Sponsor, and any of their respective affiliate companies, subsidiaries, agents, professional advisors, advertising and promotional agencies, and immediate families (spouses, parents, children, and siblings and their spouses) and household members of each are not eligible to participate or win any prizes. All applicable laws and regulations apply. Contest void where prohibited or restricted by law.
To be eligible to win a prize, Submissions must be completed and received by Sponsor in the manner and format designated below.
3. Sponsor: CNH Industrial America LLC, New Holland Agriculture, 120 Brubaker Avenue, New Holland, Pennsylvania 17557.
4. How to Enter:
During the Contest Period, you can enter the Contest at www.NHFirstCut.com ("Website") by completing all required fields on the registration form, uploading an original photo ("Photo") of your 1st cut and Photo Title of 10 words or less (all components combined constitute the "Submission"). The Photo could be of your hay field, equipment, or yourself in the field. Limit one (1) Submission per person. Only the entrant may appear in the Photo.
Sponsor and its affiliates may display any and all Submissions on the Website. By uploading your Submission, you agree that your Submission conforms to the Submission Guidelines and Content Restrictions listed below (collectively, the "Guidelines and Restrictions") and that Sponsor, in its sole discretion, may remove your Submission and disqualify you from the Contest if it believes, in its sole discretion, that your Submission fails to conform to the Guidelines and Restrictions. By uploading your Submission, in addition to rights granted below, you: (a) grant to Sponsor all rights necessary to display your Submission on the Website and its affiliates may display any and all Submissions on any New Holland Company website or Facebook, Pinterest, Instagram, Twitter, or any other social media pages; (b) hereby waive any so-called moral (e.g., creative rights) in your Submission; (c) represent and warrant that you have the right to grant the rights granted in these Official Rules; and (d) represent and warrant that your Submission and its use as contemplated in these Official Rules does not and will not violate, misappropriate, or infringe upon any law or regulation or the rights of any third party, including any copyright, trademark, or any rights of publicity or privacy, or any other intellectual property or proprietary rights.
- The Submission must be a digital photo(s) in one of the following formats: JPG, PNG, or GIF and may not be larger than twenty (20) MB.
- The Submission must be entrant's original creation and owned one hundred percent (100%) by the entrant;
- The Submission cannot have been submitted previously in a promotion of any kind or exhibited or displayed publicly through any means.
- The Submission must not contain material that violates, misappropriates, or infringes upon any law or regulation or the rights of any third party, including any copyright, trademark, or any rights of publicity or privacy, or any other intellectual property or proprietary rights;
- The Submission must not disparage any person or entity;
- The Submission must not contain material that is inappropriate, indecent, obscene, hateful, tortious, and/or defamatory;
- The Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and
- The Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where Submission is created.
For All Submissions: Submissions received from any person or email address in excess of the stated limit, whether through multiple or different email accounts or other applicable accounts or means, will be void. By uploading a Submission, entrant grants to Sponsor (and Sponsor's affiliates, licensees and assigns) a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Submissions in whole or in part, and otherwise exploit the Submission in all media now known or hereafter devised, throughout the universe, in any way Sponsor sees fit including, but not limited to, entertainment, instruction/education, promotional, advertising and/or marketing purposes. In connection with all rights granted herein, Sponsor (and Sponsor's affiliates, licensees and assigns) shall also have the irrevocable right to incorporate Submissions, in whole or in part, into other works, in any form, media or technology now known or hereafter developed. If necessary, entrant will sign any necessary documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the Submission. Proof of submission will not be deemed proof of receipt by Sponsor.
5. Voting Period:
All Submissions will be reviewed for appropriateness and compliance with these Official Rules by the Sponsor. All eligible Submissions will be posted to a gallery on the Website for viewing/voting by the general public. Visitors to the Website will be able to vote for their favorite Submission. Voting begins on May 5, 2015 at 12:00 AM PT and ends on July 31, 2015 at 11:59 PM PT (the "Voting Period"). Visitors are limited to one (1) vote per person, per Submission, per day. Normal Internet access and usage charges imposed by voters' online service will apply and are voters' sole responsibility. Sponsor is not responsible for lost, late, misdirected, corrupted, incomplete or damaged votes. Proof of submission is not proof of receipt by Sponsor. In the event a Submission does not subsequently meet all Submission requirements, is found to have fraudulent votes or the entrant is not eligible, as stated above, that Submission will be disqualified, in Sponsor's sole discretion. NOTE: Any attempt to use multiple email addresses or other tactics to vote more than the stated limit may result in disqualification and all associated Videos and/or votes will be void. Votes generated by script, macro, bot, commercial contest subscription, incentives or Contest not run by Sponsor, vote-swapping sites, voting software, entering service sites or any other automated means and votes by any means that subvert the voting process or do not conform to the spirit of these Official Rules will void the votes and may disqualify the entrant. Entrants will be disqualified if automatic voting software is used in their favor.
Once posted, Sponsor reserves the right to remove a Submission, in their sole discretion if they find the Submission violates these Official Rules in any manner.
Entrants agree that the Sponsor and the judges have the sole right to decide all matters and disputes arising from this Contest and that all decisions of Sponsor and the judges are final and binding. To claim a prize, the potential winners must follow the instructions contained in his or her notification.
6. Judging to Determine the Grand Prize Winners:
At the end of the Contest Period all eligible Submissions will be judged by the Sponsor-selected panel of Judges, based on the following judging criteria to determine the seven (7) Grand Prize Winners:
User votes from the Voting Period: 25%
Quality of image: 25%
Relevance to the contest theme: 25%
Grand Prize Winners are subject to verification. In the event of a tie, tied entrants will be re-judged by the Judges based on the same criteria. Judges' decisions are final with respect to all matters relating to the Contest.
7. Identity of Entrant: If a dispute arises about the identity of the entrant, Submission will be declared made by the authorized account holder of the email address submitted at time of Submission. An authorized account holder is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g., business, educational institution) that is responsible for assigning email addresses for the domain associated with the submitted email address. The potential winner may be required to provide Sponsor with proof that the potential winner is the authorized account holder of the email address associated with the winning Submission.
8. Prizes and Approximate Retail Value ("ARV"): Grand Prize (7): A one-year lease or the first 1,500 bales, whichever comes first on a New Holland Roll-Belt 450 Silage Special. The ARV of each Grand Prize is USD$7,750 each. The ARV of all Grand Prizes is USD$54,250.ALL FEDERAL, COUNTRY/STATE AND LOCAL TAXES/VAT ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNER. Winners will be required to sign a one-year lease agreement before being awarded the Grand Prize and will be subject to all applicable lease terms and restrictions. If a prize is returned as undeliverable or otherwise not claimed within ten (10) days after delivery of notification, the prize will be forfeited and awarded to an alternate winner determined by the Judging Panel from all of the remaining eligible Finalists that meet the judging Criteria. The prizes are not transferable. No substitutions or exchanges of the prize will be permitted, except that Sponsor reserves the right to substitute a prize of comparable or greater value for the prize. 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). The prizes will be fulfilled approximately four (4) to six (6) weeks after verification of the Grand Prize Winners. Prizes will be prepped and delivered to the Grand Prize Winners' location indicated on the entry form by the local New Holland Dealer.
9. Disclaimer: Sponsor, any participating partners, and any of their respective parent companies, subsidiaries, affiliates, directors, officers, professional advisors, employees and agencies (collectively, the "Released Parties" or individually, each a "Released Party") will not be responsible for: (a) any late, lost, misrouted, garbled or distorted or damaged transmissions or entries; (b) telephone, electronic, hardware, software, network, Internet, or other computer- or communications-related malfunctions or failures; (c) any Contest disruptions, injuries, losses or damages caused by events beyond the control of Sponsor or by non-authorized human intervention; or (d) any printing or typographical errors in any materials associated with the Contest.
10. General Release: By entering the Contest, you release Sponsor and all Released Parties from any liability whatsoever, and waive any and all causes of action, for any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Contest or delivery, mis-delivery, acceptance, possession, or use of or inability to use any prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory.
11. Use of Winner's Name, Likeness, etc: Except where prohibited by law, Submission into the Contest constitutes permission to use winner's name, likeness, persona, hometown, Submission and/or prize information in all media now known or later devised throughout the universe in perpetuity for all purposes Sponsor deems appropriate - including, without limitation, for promotional and publicity purposes - without further permission or compensation. As a condition of being awarded any prize, except where prohibited by law, winner may (in Sponsor's sole discretion) be required to execute a written consent, confirming Sponsor's right to use such winner's name, likeness, persona, hometown, Submission and/or prize information without further permission or compensation.
12. Affidavit and Release: The potential Grand Prize winners will be notified initially by email and/or phone. If a winner is not reachable at the telephone number, and/or e-mail address provided and a forwarding e-mail address is not made available or if prize notification is returned as undeliverable, then the prize will be forfeited and the entrant with the next highest score will be contacted. As a condition of being awarded any prize, winners may (in Sponsor's sole discretion) be required to execute and return within 5 days (via email/mail), an Affidavit of Eligibility or Eligibility Confirmation or Declaration of Compliance, depending on potential winner's residence, eligibility/publicity release (except where prohibited by law), Release of Liability and an assignment of rights within ten (10) days of notification attempt or the prize will be forfeited and alternate winner may be determined. Return of any prize or prize notification as undeliverable may result in disqualification and alternate determination.
13. Entrant's Personal Information:
The Contest and these Official Rules will be governed, construed, and interpreted under the laws of the state of Pennsylvania U.S.A. Except where prohibited, by participating in this Contest, entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Contest, or awarding of the prizes, shall be resolved individually, without resort to any form of class action; and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Contest but in no event attorneys' fees; and (c) under no circumstances will any participant be permitted to obtain awards for and hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. Some jurisdictions do not allow the limitations or exclusion of liability for incidental or consequential damages, so the above may not apply to you. Entrants agree to be bound by these Official Rules and by the decisions of Sponsor, which are final and binding in all respects. Sponsor reserves the right to change these Official Rules at any time, in its sole discretion, and to suspend or cancel the Contest or any entrant's participation in the Contest should viruses, bugs, unauthorized human intervention, or other causes beyond Sponsor's control affect the administration, security or proper play of the Contest, or Sponsor otherwise becomes (as determined in its sole discretion) incapable of running the Contest as planned, in which event all prizes will be awarded via the judging process outlined in these Official Rules, from among all eligible Submissions received prior to cancellation.
Entrants who violate these Official Rules; violate any law, rule, or regulation in connection with participation in the Contest; tamper with the operation of the Contest or engage in any conduct that is detrimental or unfair to Sponsor, the Contest, or any other entrant (in each case as determined in Sponsor's sole discretion) are subject to disqualification from Submission into the Contest. Sponsor reserves the right to lock out persons whose eligibility is in question or who have been disqualified or are otherwise ineligible to enter the Contest. Any provision of these Official Rules deemed unenforceable will be enforced to the extent permissible, and the remainder of these Official Rules will remain in effect.
15. Winners List: Rules Request: For a copy of these Official Rules or for the names of the Grand Prize Winners, send a self-addressed, stamped envelope by September 15, 2015. Canadian residents may omit return postage.