Terms and Conditions
1. ELIGIBILITY: The Knapheide “Win a Truck” Sweepstakes (the “Sweepstakes”) is open only to legal residents of the United States, except for residents of the state of Florida and any non-state U.S. territories, at least 21 years of age, who hold a valid driver's license, who have an existing business operation in one of the following professions: agriculture, construction, electrical, HVACR, landscaping/lawn care/tree care, mining/oil/gas, pest control, plumbing, railroad, telecommunications, utilities/municipal. Entrants must have access to the Internet at all times during the Sweepstakes and subsequent prize-award period. All employees of The Knapheide Manufacturing Company (“Sponsor”), as well as all associated agencies, partners, suppliers and each of their respective affiliates, sales representatives, distributors, licensees or agents (all of the foregoing, together with Sponsor, collectively referred to as “Sweepstakes Entities”), and their immediate family members (spouse, parent, child, sibling and their respective spouses) and those living in the same household of each (whether related or not), are ineligible to participate in the Sweepstakes. All applicable federal, state and local laws and regulations apply. Void where prohibited by law. Entry in the Sweepstakes constitutes your full and unconditional acceptance of these Terms and Conditions.
2. SPONSOR. The Knapheide Manufacturing Company, 1848 Westphalia Strasse PO Box 7140 Quincy, Illinois 62305
3. TIMING. Entries will be accepted beginning at 12:01 AM CST on July 5, 2016, and ending at 11:59 PM CST on August 31, 2016 (the “Entry Period”). Sponsor's computer is the official time-keeping device for the Sweepstakes.
4. SELECTION OF SWEEPSTAKES WINNER. At the close of the Entry Period, Sponsor, through an independent third party company, will select one Entrant to receive the Sweepstakes Prize, subject to verification that all rules set forth herein have been followed, Entrant's written agreement to certain publicity and conduct obligations, and execution of the Prize Agreement and Release within ten (10) days of notification of Entrant's winning Entry (“Winning Requirements”). No Purchase is necessary to enter the Sweepstakes and the odds of winning the Sweepstakes will not be influenced by any purchase of Sponsor products. Odds of winning the Sweepstakes Prize are 1 out of the total number of Sweepstakes Entries received during the Entry Period. Failure of a selected winner to comply with the Winner Requirements shall constitute forfeiture of the Sweepstakes Prize. The Winner will be notified between September 15 and September 30, 2016. In the event the Winner fails to comply with the Winning Requirements, Sponsor will select a replacement Entry and proceed with verifying compliance with the Winning Requirements. The Sponsor's decisions are final and binding in all matters relating to this Sweepstakes.
5. PUBLICITY AND CONDUCT OBLIGATIONS. The Winner agrees to cooperate with Sponsor in video or other recording of the Sweepstakes Prize selection process and associated events and discussions. The Winner agrees all such recordings or documentation may be used by Sponsor for marketing purposes. The Winner shall further assist Sponsor, upon Sponsor's reasonable request, in other advertising and marketing promotion during the Lease Period. The Winner's failure or refusal to participate in the publicity obligations as instructed by Sponsor, in Sponsor's sole discretion, shall constitute a forfeiture of the Sweepstakes Prize and Sponsor shall have the right to seek recovery of all moneys and expenses associated with the Winner as well as any provable damages associated therewith. In addition, during the Sweepstakes Prize selection process, the use of the Sweepstakes Prize during the Lease Period, and during any other marketing or advertising events, the Winner agrees not to engage in any offensive or abusive conduct, including, but not limited to:
6. PRIZE. Sweepstakes Prize Winner: Winner will be awarded a Fifty Thousand Dollar ($50,000) allowance with which to select a new vehicle body and chassis from select product lines of Sponsor and Sponsor partners (the “Sweepstakes Prize”). Following Prize Winner’s selection of the vehicle body and chassis, the new vehicle will be assembled and available for use by Winner within ninety (90) days. Following the receipt of the Sweepstakes Prize vehicle, Winner shall receive a no-cost lease (the Lease”) for the Sweepstakes Prize for a period of twelve (12) months (the “Lease Period”). During the Lease Period, the Winner agrees to abide by the Publicity and Conduct Obligations stated herein. Provided the Winner complies with all obligations under these Terms and Conditions and the Lease, Winner shall be the sole owner of the Sweepstakes Prize vehicle and responsible for all the same. After the expiration of the Lease, neither Sponsor nor the Lease provider shall accept possession or any responsibility for the vehicle. The Winner also agrees to allow for reasonable product branding by Sponsor on the Sweepstakes Prize during the Lease Period. All expenses not specified herein as included are not included as part of the Sweepstakes Prize, including without limitation all applicable taxes, and are solely the Winner's responsibility. Sponsor is the Sweepstakes Prize provider and will cover the cost of the (12) twelve-month lease payments only. The Lease is subject to all terms and conditions of lease agreement of the designated lease provider, including without limitation, maintaining the vehicle in “good” condition (as determined by the lease provider) and complying with all stated conduct and publicity obligations. Any failure of the Winner to comply with the terms and conditions of the Lease may result in forfeiture of the Sweepstakes Prize and disqualification as the Sweepstakes Winner. Any violation of the Sweepstakes Publicity and Conduct Obligations during the Lease Period shall be considered a violation of the terms and conditions of the Lease. The Sponsor will not provide and specifically disclaims any warranties other than the standard written new vehicle limited warranty provided with the Sweepstakes Prize. The Sponsor reserves the right to substitute a Sweepstakes Prize of the same approximate retail value. The Winner will be responsible for maintaining all insurance coverage required under the Lease and under applicable laws, and shall be responsible for any other taxes, including income taxes, of any costs, expenses, license, title and registration fees, liabilities and/or claims under the Lease, without limitation, wear and tear, maintenance and/or damage to the Sweepstakes Prize. The Sweepstakes Prize will be leased and delivered by a dealer of Sponsor’s choosing. The Winner must take possession of the lease vehicle at the dealership designated by the date designated by Sponsor. Any travel or transportation costs associated with winning of the Sweepstakes Prize will be the responsibility of the Winner. The Winner must retrieve the Sweepstakes Prize within thirty (30) days of written notification of availability and must present adequate personal identification and evidence of legally required insurance (or an alternate Winner shall be selected and the original Winner's rights to the Sweepstakes Prize shall be automatically forfeited). Any automobile storage costs resulting from the Winner's inability to collect the Sweepstakes Prize in the time noted are the sole responsibility of the Winner. Sweepstakes Entities shall not have any responsibility or liability whatsoever for any property loss, damage, personal injury or death in connection with the acceptance, misuse or use of the Sweepstakes Prize provided pursuant to the Sweepstakes and/or any person's participation in the Sweepstakes. Sponsor shall be solely responsible for any express written limited warranties specifically set forth in the applicable Owner's Guide for the Sweepstakes Prize. The depiction of the Sweepstakes Prize shown or described in any promotional materials may not reflect the actual vehicle delivered to the Winner. No substitution, cash alternative or transfer of Sweepstakes Prize permitted. All details of the Sweepstakes Prize not specified herein shall be determined solely by Sponsor. All expenses relating to acceptance of Sweepstakes Prize, which are not explicitly listed herein as being awarded, are responsibility of Winner. A potential Winner is not a confirmed Winner until he/she has been verified as the Winner by the Sponsor. Total approximate retail value of the Sweepstakes Prize is up to $50,000.
7. RELEASE. By accepting the Sweepstakes Prize, the Winner agrees to release and hold harmless Sponsor and its respective subsidiaries, affiliates, suppliers, distributors and each such company's officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Sweepstakes or receipt or use or misuse of the Sweepstakes Prize or any portion of the Sweepstakes Prize.
8. GENERAL CONDITIONS. If for any reason this Sweepstakes is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, uploads of malicious files or viruses, or any other causes beyond the reasonable control of the Sweepstakes Entities which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, Sponsor reserves the right, at its sole discretion, to disqualify any Entry or any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Sweepstakes and select a winner using all eligible, non-suspect Entries received as of the date of termination. Sweepstakes Entities assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Sweepstakes Entities are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received on account of technical problems, human error or traffic congestion on the Internet or at any web site, or any combination thereof, including any injury or damage to Entrant's or any other person's computer relating to or resulting from participation in this Sweepstakes.
Any attempt to deliberately damage any web site or undermine the legitimate operation of the Sweepstakes is a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek damages or other remedies from any such person(s) responsible for the attempt to the fullest extent permitted by law. Sponsor's failure to enforce any term of these Terms and Conditions shall not constitute a waiver of that provision.
9. LIMITATIONS OF LIABILITY. Released Parties are not responsible for: (1) 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 Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software (beyond Sponsor's reasonable control); (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of Entries; or (5) any injury, death, or damage to property which may be caused, directly or indirectly, in whole or in part, from Entrant's participation in the Sweepstakes or receipt or use or misuse of the Sweepstakes Prize (other than as a direct result of the Sponsor's or its representatives' or agents' negligence). If for any reason an Entrant's Entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Entrant's sole remedy is the right to submit another Entry in the Sweepstakes provided that time remains in the Entry Period. No more than the stated number of prizes will be awarded.
10. DISPUTES. Except where prohibited, all Entrants agree that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Central District of Illinois or the appropriate court of the State of Illinois located in Adams County, Illinois; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys' fees; and (3) under no circumstances will the Entrants be permitted to obtain awards for, and Entrants hereby waive all rights to claim, indirect, 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of the Entrant and Released Parties in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of Illinois without giving effect to any choice of law or conflict of law rules (whether of Illinois or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than Illinois.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
12. TERMS AND CONDITIONS/WINNERS' LIST REQUESTS: To view a copy of these Terms and Conditions or for identification of the Sweepstakes Winner, visit YouNeverSettle.com. After the selection of the Sweepstakes Winner, all Entrants will receive an informational e-mail identifying the Sweepstakes Winner.