CASE Construction’s Dire States Equipment Grant
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS PROMOTION. MAKING A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW, LICENSED, TAXED OR RESTRICTED, AS WELL AS IN QUEBEC, PUERTO RICO AND OVERSEAS U.S. TERRITORIES, POSSESSIONS, COMMONWEALTHS, AND MILITARY INSTALLATIONS. THIS GRANT IS ONLY OPEN TO ELIGIBLE LOCAL AND STATE GOVERNMENT OFFICIALS OR EMPLOYEES DOMICILED IN THE 50 UNITED STATES, THE DISTRICT OF COLUMBIA OR CANADA (EXCLUDING QUEBEC). REPRESENTATIVE EMPLOYEES ENTERING ON BEHALF OF THEIR EMPLOYER MUST BE 21 YEARS OF AGE AND OLDER AS OF THE DATE OF ENTRY. DO NOT ENTER IF YOU ARE A MEMBER OF THE GENERAL PUBLIC NOT LOCATED IN THE U.S. (INCLUDING D.C.) OR CANADA (EXCLUDING QUEBEC) AT THE TIME OF ENTRY.
Sponsors: CNH Industrial America LLC, 700 State Street, Racine, Wisconsin 53404; CNH Industrial Canada, Ltd., 1000 71st Street East, Saskatoon, Saskatchewan, S7K 3S5, Canada; CNH Industrial Capital America LLC, 5729 Washington Avenue, Racine, Wisconsin 53406; and CNH Industrial Capital Canada Ltd., 4475 North Service Road, Burlington, Ontario, Canada L7L 4X7.
1. Entry. The CASE Dire States Equipment Grant Submission (“Grant”) period begins at 12:00:01 a.m. Eastern Standard Time (EST) on January 2, 2019 and ends at 11:59:59 p.m. EST on March 31, 2019. To enter, visit www.direstates.com/grant (“Website”) and submit a proposal as instructed. Limit one entry per person. Proof of entry submission will not be deemed proof of receipt by Sponsors. Any form of entry other than those described herein is void, and any incomplete or otherwise non-conforming entries will be disqualified. Each Entrant’s submission of an entry form certifies that he/she has read and understands the Official Rules and agrees to abide by all Grant rules. All incomplete or otherwise non-conforming entries will be disqualified. All online Entrants must have a valid e-mail address. In the event of a dispute regarding an online entry, entries will be deemed made by the authorized account holder of the e-mail address submitted at the time of entry, provided such person meets the eligibility requirements of these rules. “Authorized account holder” means the natural person who was assigned an e-mail address by an Internet access provider, service provider or other online organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Entrants that submit any potential winning proposal entry may be requested to provide proof to Sponsors that he or she is the authorized account holder for such winning entry. Sponsors reserve the right to void any and all online entries made through any robotic, automatic, mechanical, programmed or similar entry duplication method and to disqualify any individual using such a method. Entries are property of Sponsors and will not be returned.
2. Eligibility. This Grant is open to all eligible individuals employed by state or local governmental entities domiciled in the fifty (50) United States, the District of Columbia, or Canada (excluding Quebec). Eligible individuals must be legal residents of the fifty (50) United States, the District of Columbia, or Canada (excluding Quebec), and at least twenty-one (21) years old as of the date of entry in the Grant. Upon Sponsors’ request, Entrants may be required to provide valid identification showing proof of age and employment prior to completing. NO EXCEPTIONS. Determination of whether an Entrant meets the eligibility requirements is at sole discretion of Sponsors. This Grant is subject to all applicable federal, state, provincial and local laws and regulations.
The Grant will recognize a winning community located either in the United States or Canada (excluding Quebec) that, through the use of CASE Construction Equipment, can complete a project that will greatly benefit that local community. Examples include but are not limited to projects such as critical infrastructure repairs, community school or park improvements, or road and bridge work. To be considered for the Grant, nominated eligible communities must:
• Submit a minimum of five hundred (500)-word essay describing the project, and its current and desired future impact that it will have on the community.
• Provide supporting photo and video documentation.
• Provide a description of what equipment is needed and the estimated duration of the project.
• Entrants must be a governmental employee or officeholder authorized to speak on behalf of the community that they represent.
• To be eligible, all submissions must guarantee that Entrant’s eligible construction company: has agreed to use Case equipment on the completion of the project if Entrant is selected as the Winner; will provide Sponsors with the insurance certificate discussed in Section 4.b. below; acknowledges and will comply with the requirements of Sections 7 and 8 below; and acknowledges that it will receive a 1099 form for the value of the usage of the Case equipment.
3. Submission Guidelines. The following submission guidelines apply to any material submitted in relation to this Grant: (a) any Entry deemed inappropriate or unsuitable, in Sponsors’ sole discretion, will be disqualified; (b) any Entry or portion thereof that is, in Sponsors’ sole discretion, obscene, profane, lewd, defamatory, contains any third-party materials, other than CASE-related materials, or otherwise violates or infringes (or may infringe) any copyright, trademark, logo, or mark that identifies a brand or other proprietary right of any person living or deceased (including but not limited to rights of privacy or publicity or portrayal in a false light) or entity, or is otherwise objectionable, will not be considered and will disqualify the Entrant; (c) any Entry that requires Sponsors’ products to be used in an inappropriate, unsafe, irresponsible or unlawful manner, or encourages others to do so, will be disqualified; (d) any Entry that requires Sponsors’ products to be used in a manner that is inconsistent with the Owners Manual or Limited Warranty, or encourages others to do so, will be disqualified; (e) any reference to this Grant by Entrants may not be negative to Sponsors or any of Sponsors’ competitors and may not make any false claims about Sponsors, in Sponsors’ sole discretion; (f) Entrants must adhere to all requirements set forth in these Official Rules, or their Entries may be subject to disqualification from the Grant.
4. Winner Selection, Prizes and Restrictions
a. Selection. Sponsors will establish a Grant Selection Committee to review eligible submissions and select the Winner. The Winner will be the best candidate, in Sponsors’ sole discretion, that satisfies a number of criteria, including but not limited to, the location of the project and proximity to an authorized and participating Case dealer, the scope of the project and its size and duration, the type and amount of heavy equipment that is needed to complete the project, and the impact of the project on its surrounding community.
b. Grant Winner. One (1) Grant recipient will be awarded. The Grant will be awarded to the winning Entrant’s eligible construction company and consists of approximately $25,000 worth of construction equipment rental time, provided by the local CASE dealer. Approximate retail value of the equipment rental is as of the date of posting these Official Rules. The difference in value of the total Grant award and the determined project requirements, if any, will not be awarded. CASE and its local dealer representative will arrange for pickup and delivery of agreed upon equipment for no longer than the timeframe requested in the Grant submission. Grant recipient’s designated construction company will be responsible for providing an insurance certificate equal to or greater than the value of the equipment provided and the process will be handled the same as any other equipment rental.
c. The Grant award is non-transferable and no cash equivalent or substitution of the Grant is allowed, except at the sole discretion of the Sponsors. All federal, state, provincial or local taxes, and any registration, license, fees and/or costs related to acceptance and/or use are the Winner or Winner’s designated construction company’s exclusive responsibility. If a U.S. resident, Winner’s construction company may be issued an IRS 1099 form for prizes over $600.
5. Winner Notification. The potential winning Grant Entrant will be contacted by telephone, mail and/or e-mail within approximately seven (7) days after their submission is selected by the Sponsors’ Grant Selection Committee. The Winner is subject to verification, including verification of age and employment. Sponsors are not responsible for any change of mailing address and/or telephone number of Entrants. The Winner will be required to sign and return a notarized Affidavit (or Declaration) of Eligibility, Liability Release, and a Publicity Release, within seven (7) days of initial notification. Failure to comply may result in forfeiture of award. Sponsors are not responsible for any change of mailing address and/or telephone number of Entrants.
6. General Terms. Sponsors retain sole discretion to change or cancel this Grant in whole or in part and to change the eligibility rules at any time, without prior notice to or the consent of any person or Entrant in the Grant. Sponsors retain sole and absolute discretion to resolve all questions arising in the administration, interpretation and application of this Grant, including but not limited to construing the Official Rules, including any disputed or doubtful terms, and determining the eligibility of any Entrant to participate in this Grant or the eligibility of Entrant to receive any award. Sponsors’ determination will be conclusive and binding on all persons. By participating in this Grant and submitting an entry, Entrants agree to these Official Rules, which are final and binding in all respects and that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, Entrant’s rights and obligations, or the rights and obligations of the Sponsors in connection with the Grant, shall be governed by, and construed in accordance with, the laws of State of Wisconsin without giving effect to any choice of law or conflict of law rules. By entering, Entrants consent to the jurisdiction and venue of the federal, state and local courts located in Racine County, Wisconsin. If for any reason this Grant cannot be executed as planned, for reasons including but not limited to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsors that corrupt or affect the security, administration, fairness, integrity, or proper conduct of this Grant, or if this Grant is compromised or becomes technically corrupt in any way, electronically or otherwise, Sponsors reserve the right to terminate the Grant in their sole discretion. Sponsors reserve the right, at their sole discretion, to disqualify and prosecute any individual who tampers with or attempts to tamper with the entry process. If the Grant is terminated before the scheduled end date, Sponsors reserve the right at their sole discretion to select the Grant Winner from among all eligible, non-suspect entries received up to that point in time. CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY WEBSITE OR OTHERWISE CORRUPT THE GRANT OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE GRANT MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS RESERVE THE RIGHT TO DISQUALIFY, PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Entrants may not register with multiple e-mail addresses nor may Entrants use any other device or artifice to register multiple times per day or as multiple registrants. Any Entrant who attempts to enter with multiple e-mail addresses under multiple identities or uses any device or artifice to register multiple times per day may be disqualified and may forfeit any and all award, in Sponsors’ discretion.
7. Limitation of Liability. Sponsors are not responsible for: i) lost, late, incomplete, illegible, damaged, garbled, destroyed, or misdirected entries or e-mail, or entries not received by Sponsors for any reason; ii) any problems or technical malfunctions, errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication failures or human error that may occur in the transmission, receipt or processing of entries, or for destruction of or unauthorized access to, or alteration of, entries; iii) failed or unavailable hardware, network, software or telephone transmissions, damage to Entrants’ or any person’s computer and/or its contents, or causes beyond Sponsors’ reasonable control that jeopardize the administration, security, fairness, integrity or proper conduct of this program; or iv) any entries submitted in a manner that is not expressly allowed under these rules; all such entries will be disqualified. As a condition of entering, Entrants agree (and agree to confirm in writing): (a) to release, discharge, indemnify and hold harmless Sponsors, their affiliates, subsidiaries, retailers, sales representatives, distributors, and each of their officers, directors, employees and agents, from any and all liability, claim, loss, damages or injuries of any kind arising from or incurred with respect to the awarding, receipt, possession, and/or use or misuse of any award, including any traveling related thereto; (b) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (c) all causes of action arising out of or connected with this Grant, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs. Except where prohibited by law, Winner and Winner’s eligible construction company grants (and agrees to confirm this grant in writing, if requested) permission for Sponsors and those acting under their authority to use his/her name, photograph, voice and/or likeness, for advertising, promotional and/or publicity purposes in any and all media now known or hereinafter invented without territorial or time limitations and without compensation. By receiving the Grant, the Winner and Winner’s eligible construction company further acknowledges that Sponsors and their agents, their respective parent companies, affiliates and subsidiaries, and the officers, directors, agencies, agents and employees of each of the foregoing, have neither made, nor are in any manner responsible or liable for, any warranty, representation or guarantee, express or implied, in fact or in law, relative to the award, but not limited to, their quality, condition or fitness for a particular purpose.
8. Use of Information Gathered. Information and photos and videos gathered from the Entrants and Winners’ eligible construction companies and all submitted entries may be used by Sponsors to administer the Grant and for future marketing purposes, including electronic marketing purposes. Information, including personal information relating to Entrants, may be shared with Sponsors’ select authorized dealers for administration of the Grant and for marketing purposes, but will not be sold to any other person or entity. Sponsors’ authorized dealer locations for this Grant are available at www.casece.com. Entrants consent to the use of personal information and submitted photos or videos by submitting an online entry. Residents of Canada who enter this Grant opportunity may withdraw consent to receive electronic marketing communications at any time by following the unsubscribe option in the electronic message.
9. Copy of Official Rules / Winner Identification. For a copy of these Official Rules or for the name of the Winners, send a self-addressed, stamped envelope by May 18, 2019 to: Case Construction Dire States Equipment Grant Winners List, 621 State Street, Racine, WI 53404. Canadian residents may omit return postage.
10. Name Removal. If you would like your name removed from the list of future promotional mailings, write to CNH Industrial Construction Equipment Marketing, CNH Industrial America LLC, 621 State Street, Racine, WI 53404.