KEEN UTILITY ROAD SHOW Sweepstakes
OFFICIAL RULES
Important: Please read these rules before entering this Promotion (the “Promotion”). By participating in this Promotion, you agree to be bound by these Official Rules and represent that you satisfy all of the eligibility requirements below.
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCE OF WINNING.
DATES OF PROMOTION: The “KEEN Utility Road Show” Sweepstakes (the “Promotion”) begins at 12:00 a.m. Eastern Time (“ET”) on April 5, 2018 and ends at 11:59 p.m. (ET) on November 23, 2018 (“Promotion Period”), subject to event dates and times (each an “Event”) during the Promotion Period as outlined below. All times provided are ET.
Visit www.keenfootwear.com/keenutility-roadshow for a complete list of Events.
ELIGIBILITY: The Promotion is open only to legal residents of one of the forty-eight (48) contiguous United States, the District of Columbia (excluding residents of New York and Florida) who are 18 years of age or older or the age of majority in their state at the time of entry (the “Entrant”). Employees and their immediate family members (parents, children, siblings or spouse, regardless of where they live, or persons living in same household, whether related or not) of KEEN, Inc. (the “Sponsor”), its subsidiaries, and each of their respective parent companies, franchisees, affiliates, contractors, consultants, legal counsel, public relations, subsidiaries, distributors, sales representatives, retailers, website providers, webmasters, advertising and promotional, fulfillment, and marketing agencies, and any others engaged in the development, production, execution or distribution of this Promotion, including but not limited to, National Sweepstakes Company, LLC (the “Promotion Administrator”) and Drive Marketing Group (the “Creative Agency”) (collectively, the “Promotion Entities”), are not eligible to participate. Promotion is void in New York, Florida, Puerto Rico, US territories and possessions located outside of the forty-eight (48) contiguous United States and the District of Columbia and wherever else restricted or prohibited by law. By entering the Promotion, Entrant indicates their full and unconditional agreement to, and acceptance of, these Official Rules and the decision of the Sponsor, which are final and binding in all respects. Winning a prize is contingent upon fulfilling all requirements set forth herein.
HOW TO ENTER: Visit the Event during the times of the Event available at www.keenfootwear.com/keenutility-roadshow and locate the Sponsor Representative. Then provide your information to the Sponsor Representative so he/she may complete the official entry form (“Entry Form”) in its entirety including your email address and industry of work via the electronic tablet. Then, once complete, touch the “Submit” button in order to receive one (1) entry into the Promotion. Limit of one (1) entry per Entrant during the Promotion Period.
Any attempt by an Entrant to obtain more than the allowable number of entries by using multiple/different email addresses, identities, registrations, logins, and/or any other methods, including, but not limited to, automated entry, will void all of that Entrant’s entries and that Entrant may be disqualified from the Promotion. Multiple Entrants are not permitted to share the same email address. Neither the Sponsor nor any Promotion Entity will verify receipt of entries for Entrants. All entries submitted become the sole property of Sponsor and will not be returned.
No mechanically or programmatically reproduced entries are permitted. Sponsor will not verify receipt of entries for Entrants. All entries submitted become the sole property of Sponsor and will not be returned. By entering, each Entrant; (a) represents that he/she is at least eighteen (18) years of age and otherwise eligible to participate in the Sweepstakes; and (b) fully and unconditionally agrees to and accept these Official Rules and the decisions of Sponsor, which are final and legally binding in all respects. Any person who tampers with the entry process in any way will be disqualified.
Neither Sponsor nor any other Promotion Entities are responsible for any entry that is lost, late, misdirected or undeliverable, whether due to system errors, omissions, interruption, deletions, defects, delay in operations or transmissions or any other reason, theft or destruction or failures, faulty transmissions or other telecommunications malfunctions, entries not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, failed, incomplete or garbled computer or telephone transmissions, typographical or system errors and failures, faulty transmissions, technical malfunctions, or otherwise.
In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed submitted by the authorized account holder of the e-mail address submitted at the time of entry. The authorized account holder is the natural person who is assigned to the e-mail address by an Internet access provider, on-line service provider, or other organization that is responsible for assigning e-mail addresses, or the domain associated with the submitted e-mail address. Potential prize winner may be required to show proof of being the authorized account holder.
DRAWING/ODDS: On or about December 3, 2018, one (1) grand prize winner (the “Grand Prize Winner), will be selected at random from among all eligible entries received during the Promotion Period. Odds of winning the grand prize (the “Grand Prize”) will depend upon the total number of eligible entries received during the Promotion Period. The random drawing will be conducted by the Creative Agency, whose decisions are based on its sole discretion and interpretation of these Official Rules, and are final and binding in all respects.
PRIZES:
Grand Prize: One (1) Grand Prize of a 2018 Polaris Sportsman® 570 EPS Utility Edition ATV having a Manufacturer’s Suggested Retail Price (“MSRP”) of $7,999 will be awarded to the Grand Prize Winner. Exact model is subject to change based on availability. Vehicle color, options, and accessories will be determined at the sole discretion of the Sponsor. The Grand Prize Winner is required to comply with any and all applicable federal, state and local laws, rules and regulations including, but not limited to any licensing and insurance requirements. All applicable tax, title, registration, insurance and licensing fees are the sole responsibility of the Grand Prize Winner. Sponsor will be responsible for shipping the Grand Prize to the Grand Prize Winner. Sponsor does not make, nor is Sponsor in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Grand Prize, including but not limited to its quality, fitness for purpose or mechanical condition; the only representation/warranty/guarantee that may be provided relative to the Grand Prize, if any, are those of the manufacturer and/or dealer. The value of the Grand Prize is taxable as income and Grand Prize Winner is solely responsible for all matters relating to the Grand Prize, including, but not limited to all applicable federal, state and local taxes that become due with respect to the Grand Prize. Any difference between the stated MSRP of the vehicle and the MSRP of the actual value will not be awarded.
Names of prize manufacturer is used solely for the purposes of identifications of the Grand Prize. No endorsement, authorization, sponsorship, or approval of Manufacturer for this Sweepstakes is intended or implied.
Total ARV of all prizes to be awarded is $7,999.
PRIZE RESTRICTIONS: Only one (1) Grand Prize will be awarded. No transfer or substitution of the Grand Prize is allowed except at the sole discretion of the Sponsor. Grand Prize Winner is required to comply with any and all applicable federal, state, and local laws, rules and regulations. The value of the Grand Prize is taxable as income and Grand Prize Winner is solely responsible for all matters relating to the Grand Prize, including, but not limited to all applicable federal, state, and local taxes that become due with respect to the Grand Prize. Sponsor reserves the right to substitute a prize of equal or greater value if the Grand Prize becomes unavailable due to reasons beyond the control of the Sponsor. Sponsor will not replace any lost or stolen prize.
Except where prohibited by law, Grand Prize Winner’s entry and acceptance of the Grand Prize constitutes permission for Sponsor or the Promotion Entities to use said Grand Prize winner’s name, photograph, likeness, statements, biographical information and voice on a worldwide basis, and in all forms of media, in perpetuity, without further compensation (TN residents will not be required to sign a publicity release as a condition of winning the Grand Prize).
GRAND PRIZE NOTIFICATION/CLAIM: Potential Grand Prize Winner will be notified by the Sponsor via email within seven (7) days from the drawing date (the “Notification”). In the event the Sponsor cannot reach a potential Grand Prize Winner via the Notification, the potential Grand Prize Winner does not respond by the date indicated within the Notification, or if it is determined by the Creative Agency/Sponsor, in their sole discretion, that the potential Grand Prize Winner is not eligible in accordance with these Official Rules, he/she will be disqualified (without compensation of any kind) an alternate Grand Prize Winner will be selected from among all remaining eligible entries received during the Promotion Period, and he/she will be notified as outlined above until a Grand Prize Winner is verified. A total of three (3) attempts will be made in order to confirm a Grand Prize Winner.
Except where prohibited, the potential Grand Prize Winner must sign and return to the Sponsor, within the date and time indicate in the Notification, an “Affidavit of Eligibility/Liability/Publicity release” and IRS form W-9 (collectively, the “Required Documents”) in order to claim the Grand Prize. If the potential Grand Prize Winner fails to sign and return the Required Documents within the required time period, the potential Grand Prize Winner forfeits his/her right to the Grand Prize and an alternate Grand Prize Winner will be selected at random from among all remaining eligible entries received during the Promotion Period. The value associated with the Grand Prize is taxable as income and the Grand Prize Winner is solely responsible for any taxes, including, but not limited to, all applicable federal, state and local taxes that become due with respect to the value of the Grand Prize. The Sponsor (or third party acting on its behalf) must report the value of the Grand Prize to the Internal Revenue Service in the year the Grand Prize is received by the Grand Prize Winner and will be reported to the Grand Prize Winner and the Internal Revenue Service in the form of a Form 1099. In the event it is deemed during the verification process that the potential Grand Prize Winner does not have a unique, personal and valid social security number for Sponsor (or third party acting on its behalf) to report the tax liability associated with acceptance of the Grand Prize, potential Grand Prize Winner will be disqualified and another Grand Prize Winner will be selected as outlined above. Valid social security numbers will be determined by IRS requirements. If it is determined by the Sponsor, in its sole discretion, that the potential Grand Prize Winner is not eligible in accordance with these Official Rules, the potential Grand Prize Winner forfeits his/her right to the Grand Prize and an alternate will be selected as outlined above. In the event that the potential Grand Prize Winner is disqualified for any reason, Sponsor shall have no liability or obligation to such individual.
GENERAL RULES OF PARTICIPATION: Promotion is subject to all applicable federal, state, and local laws. By participating in the Promotion, Entrants agree: [a] to abide by and be bound by these rules and decisions of Sponsor and Creative Agency which shall be final in all respects relating to the Promotion, including without limitation the interpretation of these rules; [b] to release, discharge and hold harmless Sponsor, its employees, officers, directors, franchisees, licensees, subsidiaries, affiliates, advertising agencies, promotional agencies and suppliers and any other individual or company involved in the development or execution of the Promotion from any and all injuries, liability, losses, damages, rights, claims and actions of any kind including liability for personal injury or death resulting from their participation in the Promotion or their acceptance, use or misuse of a prize; and [c] if the Grand Prize Winner, to the use of his/her name, voice, image and/or likenesses for advertising, publicity and promotional purposes by Sponsor or Promotion Entities without further compensation (unless prohibited by law) and to execute specific consent to such use if asked to do so. All materials, in any form or media, describing or advertising this Promotion (the “Promotion Materials”) are subject to verification and are void if [a] not obtained in accordance with these Official Rules and through legitimate channels; [b] any part is counterfeited, altered, defective, damaged, illegible, reproduced, tampered with, mutilated or irregular in any way; [c] are obtained where prohibited; or [d] are mutilated, altered, copied, hand printed, forged, water damaged, manipulated or tampered with in any way, or which contain any printing, mechanical or typographical errors, will be considered null and void and will not be eligible for a prize. Sponsors’ liability for defective Promotion Materials is limited to replacement while supplies last. Entrants assume all risk of loss, damage, destruction, delay or misdirection of Promotion Materials, and mail submitted to Sponsor, Creative Agency and / or Promotion Administrator. Sponsor, its licensees, subsidiaries, affiliates, advertising agencies, promotional agencies and suppliers and any other individual or company involved in the development or execution of the Promotion and their respective directors, officers, shareholders and employees are not responsible and shall not be liable for printing, distribution or production errors and Sponsor may rescind, cancel or revoke the Promotion based upon any printing, distribution, production or other error without liability at its sole discretion. Sponsor, Creative Agency and / or Promotion Administrator are not responsible for lost, late, incomplete, incorrect, damaged, misdirected, illegible, or postage due requests or claims or any condition caused by events beyond the control of the Sponsor that may cause the Promotion to be disrupted or corrupted. Sponsor may prohibit an Entrant from participating in the Promotion or winning a prize if, in its sole discretion, it determines that said Entrant is attempting to undermine the legitimate operation of the Promotion by cheating, deception, or other unfair playing practices or intending to annoy, abuse, threaten or harass any other Entrants, Sponsor, Creative Agency or Promotion Administrator or is in default of any agreement with Sponsor. ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. If, for any reason whatsoever, the Promotion, in Sponsor’s sole opinion, is not capable of running as planned, including, but not limited to, by reason of tampering, fraud, or any other cause which, in the Sponsor’s sole judgment, corrupts or affects the administration, security, fairness, integrity or proper conduct of the Promotion Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion, limit entries to those submitted prior to the action taken, and conduct a random drawing from those entries received up to the time of impairment. Entry information becomes property of Sponsor.
DISPUTES: Entrant agrees that; (a) any and all disputes, claims, and causes of action arising out of, or connected with, this Promotion (including without limitation, any alleged violation of these Official Rules, any controversy relating to the arbitrability of any dispute, or any claim that these Official Rules (or any part thereof) are invalid, illegal, or otherwise voidable (or void) shall be resolved individually, without resort to any form of class action, and exclusively by arbitration to be held solely in the state of Oregon under the auspices of the American Arbitration Association and pursuant to its Commercial Dispute Resolution Rules and Procedures; (b) any and all claims, judgments, liabilities, and/or awards shall be limited to actual out-of-pocket costs incurred, including costs associated with Entrant’s participation in this Promotion or otherwise accessing this Promotion, and in no event will Entrant be entitled to receive attorneys’ fees or other legal costs; and (c) under no circumstances will you be permitted to obtain awards for, and Entrant hereby waives, all rights to claim, punitive, special, incidental, and/or consequential damages and any other damages, other than 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. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof. This arbitration provision shall be deemed to be self-executing, and in the event that either party fails to appear at any properly noticed arbitration proceeding, an award may be entered against such party notwithstanding said failure to appear. In no event shall Entrant seek or be entitled to rescission, injunctive, or other equitable relief or to enjoin or restrain the operation of this Promotion, exploitation of any advertising or other materials issued in connection therewith, or exploitation of this Promotion or any content or other material used or displayed on this Promotion. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Oregon, without giving effect to any choice of law or conflict of law rules (whether of the State of Oregon or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Oregon.
NO LIABILITY: By participating, Entrants agree to release, discharge, indemnify and hold harmless the Sponsor and each and all of the Promotion Entities from and against any claims made by the Grand Prize Winner, Entrants, or any other third parties, related in any way to the operation of the Promotion as well as any other claims, damages or liability due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in any Promotion-related activity, in the Promotion or any claims based on publicity rights, defamation or invasion of privacy or merchandise delivery.
INFORMATION: By entering the Promotion, each Entrant consents to the collection, use and distribution of his or her personal information (information that identifies an Entrant as an individual, such as home telephone number, age and home address) by the Sponsor for the purposes of implementing, administering and fulfilling this Promotion. Promotion Entities will not sell or transmit this information to third parties except for the purposes of administering the Promotion or as permitted or required by law.
WINNERS’ LIST REQUEST: To receive winner’s list, send a self-addressed, stamped #10 envelope to: KEEN Utility, Winner List Request, PO Box 10505 Rochester, NY 14610. Requests must be received by January 3, 2019.
OFFICIAL RULES: Available onsite at Events or www.keenfootwear.com/quadrules.
COPYRIGHT AND TRADEMARKS. KEEN, KEEN Utility are trademarks of KEEN, Inc. The Promotion and all accompanying materials are copyright © 2018 by KEEN, Inc. All rights reserved.
CREATIVE AGENCY: Drive Marketing Group, LLC, 2626 SW Corbett Ave, Suite 200, Portland, OR 97201, www.drivemg.com.
SPONSOR: KEEN, Inc. 515 NW 13th Ave, Portland, OR 97209.
This Promotion shall not be published without the written permission of the Sponsor.