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Tomahawk Trip Contest Official Rules


Sponsors: CNH Industrial America LLC “CASE Construction Equipment”, 621 State Street, Racine, WI 53402, 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, ON L7L 4X7, Tidewater Agriculture Equipment Co., LLC, 2450 GA Hwy 308, Smithville, GA 31787.

1. Entry. The entry period for the CASE and Tidewater Equipment Tomahawk Trip Contest (“Promotion”) will commence at 8:00 a.m. CST on October 1, 2019, and continue through 4:59:59 p.m. CST on December 31, 2019 (“Promotion Period”). Entrants may enter the Promotion by submitting an entry at (“Website”) (see requirements below). Limit one entry per person (“Entrant”); duplicate entries by an Entrant will be voided and may disqualify the Entrant from winning any Prize in this Promotion. 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 including mechanically produced copies, will not be accepted or eligible to win and will be disqualified. Entrant’s submission of an electronic entry form certifies that he/she has reviewed a copy of the Official Rules, has read and understands the Official Rules prior to submission, and agrees to abide by all Official 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. The Promotion is open to the general public, but is limited to individuals who are 18-years of age or older at time of entry and reside within Tidewater Equipment’s assigned territory for its Smithville, GA, Tifton, GA and Pinehurst, GA locations. Determination of an Entrant meeting the eligibility requirements is at Sponsors’ sole discretion. Employees of Sponsors, their subsidiaries, affiliates and authorized dealers, and any of the aforementioned entities’ immediate families (spouse and parents, siblings and children, and each of their spouses, regardless of where they live) and persons living in the households of each of these individuals, whether related or not, are NOT eligible to enter this Promotion. This Promotion is subject to all applicable federal, state and local laws and regulations. To be entered into the Promotion, Entrants must submit online the following information: (a) name and contact information; (b) opt-in to receive emails from CASE Construction Equipment and its affiliates; and must also (c) complete a machine walkaround with Tidewater Equipment. The first 100 eligible entrants will receive a $25 CASE merchandise gift card valid for use only at, available while supplies last and not to exceed $2,500.

3. Winner Selection and Odds of Winning. The Promotion winners will be selected from among all eligible entries by a random drawing on or about January 6, 2020 in Racine, Wisconsin (the “Drawing”), and five (5) Grand Prize Winners will be chosen. Winners need not be present to win. Odds of winning one (1) of the five (5) Grand Prizes depends upon the total number of eligible entries entered into the Promotion during the Promotion Period.

4. Prizes and Restrictions. There will be five Grand Prize packages with an approximate retail value as of the date of posting these Official Rules of USD $3,650 each (“Grand Prize”), comprised of the following: round-trip travel for the Winner to Tomahawk, Wisconsin, up to a value of $1,000; 3-night stay with food, beverage and refreshments at Tomahawk, valued at $825; 3-day heavy-equipment demonstrations at Tomahawk Customer Center with Sponsors’ experts providing training, valued at $500 and for a potential Guest of the Grand Prize Winner: 3-night stay with food, beverage and refreshments at Tomahawk, valued at $825; and 3-day heavy-equipment demonstrations at Tomahawk Customer Center with Sponsors’ experts providing training, valued at $500. Guests are responsible for their own travel expenses to and from Tomahawk. Winners will be subject to verification. Each Prize is nontransferable. No prize substitution or cash equivalent is allowed except at the sole discretion of Sponsors. Differences in value of the Grand Prizes stated herein and at time of prize notification, if any, will not be awarded. If a Prize cannot be awarded for any reason, Sponsors reserve the right to award a prize of equal or greater value. All federal, state or local taxes and any registration, license, fees and/or costs related to prize acceptance and/or use are the Winners’ exclusive responsibilities. For U.S. residents, winners may be issued an IRS 1099 form for prizes over $600.

5. Winner Notification and Prize Claims. The potential winning Grand Prize Winners will be contacted by telephone, mail and/or e-mail within approximately seven (7) days after their names are drawn. In the event the winner cannot be reached on the first attempt, four (4) total attempts will be made to contact the winner by telephone. On the fourth and final attempt to contact the winner, the winner will have three (3) days to respond to the Sponsors’ message. After the final attempt, and if no response is received by the time specified in the message to the winner, the runner-up will be contacted and the original winner forfeits the Grand Prize. Grand Prize Winners will arrange trip and travel details with a Sponsor representative via phone or email. Sponsors are not responsible for any change of mailing address and/or telephone number of Entrants. The Winners will be required to sign and return a notarized Affidavit of Eligibility, Liability Release, and a Publicity Release, within seven (7) days of initial notification. Failure to comply may result in forfeiture of awards. If any Prize Winners are unable to be contacted by Sponsors, no other contact will be attempted by Sponsors, and Prize will be awarded to an alternate winner.

6. Use of Information Gathered. Information gathered from Entrants, the Winners and all entries submitted to this Promotion opportunity may be used by Sponsors to administer the Promotion 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 marketing purposes, but will not be sold to any other person or entity. Sponsors’ authorized dealer locations for this Promotion are available at Entrants consent to the use of personal information by entering the Promotion.

7. Additional Terms. Sponsors retain sole discretion to change or cancel this Promotion 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 Promotion. Sponsors retain sole and absolute discretion to resolve all questions concerning the administration, interpretation and application of this Promotion, 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 Promotion or the eligibility of any Entrant to receive any prize. Sponsors’ determination will be conclusive and binding on all persons. As a condition of participating in the Promotion, Entrants: a) agree that these Official Rules and the decisions of Sponsors shall be final and binding in all respects, b) agree 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 Promotion, 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, c) consent to the jurisdiction and venue of the federal, state and local courts located in Racine, Wisconsin, and d) release, discharge, indemnify and hold harmless Sponsors, their parent companies, agencies, affiliates, and subsidiaries, and the officers, directors, agents, employees and retailers of each of the foregoing, from any and all liabilities, claims, loss, damages or injuries of any kind arising from or incurred in connection with Entrant’s participation in the Promotion, and/or the acceptance, possession or use of the Prize awarded, or participation in prize-related activities. By accepting a Prize, the Winner grants permission (and agrees to confirm this grant in writing if requested) to Sponsors and those acting under the Sponsors’ authority to use Winner’s name, pictures/portraits/likenesses and/or voices, for advertising, trade, publicity and promotional purposes in commerce and in all media worldwide without territorial or time limitation or additional compensation. Winner must comply fully with these Official Rules in order to receive the Prize. By accepting the Prize, the Winner 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 such prize including, but not limited to, its quality, condition or fitness for a particular purpose. Sponsors are not responsible for printing or typographical errors in any Promotion-related material, or for stolen, lost, late, misdirected, damaged, incomplete, or illegible entries. Entrant acknowledges and agrees that any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs, and under no circumstances will Entrant be permitted to obtain an award for, and Entrant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages. Further, Entrant agrees that all causes of action arising out of or connected with this Promotion, or any prize awarded, shall be resolved individually, without resort to any form of class action.

8. Limitation of Liability. Sponsors are not responsible for: i) lost, late, incomplete, illegible, damaged, garbled, destroyed, deleted, or misdirected entries, or entries not received by Sponsors for any reason; ii) any problems or technical malfunctions, errors, omissions, interruptions, deletions, defects, delays in operations or transmission, communication failures or human error that may occur in the transmission, receipt or processing of entries, or for the destruction 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 Promotion; or iv) any entries submitted in a manner that is not expressly allowed under these Rules. All incomplete or otherwise non-conforming entries will be disqualified. Sponsors reserve the right to void any entries made through any robotic, automatic, mechanical, programmed or similar entry duplication method and to disqualify any Entrant using such a method. If for any reason this Promotion 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 Promotion, or if this Promotion is compromised or becomes technically corrupt in any way, electronically or otherwise, Sponsors reserve the right to terminate the Promotion 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 Promotion is terminated before the scheduled end date, Sponsors reserve the right at their sole discretion to select the Promotion Winners 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 PROMOTION OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION 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.

9. Copy of Official Rules / Winner Identification. For a copy of these Official Rules or for the name of the Grand Prize Winners, send a self-addressed, stamped envelope by January 20, 2020, to: CASE and Tidewater Equipment Tomahawk Trip Contest Winner List, 621 State Street, Racine, WI 53402.

10. Name Removal. If you would like your name removed from the list of future promotion mailings, write to CNH Industrial Construction Equipment Marketing, 621 State Street, Racine, Wisconsin 53402.


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