2015 MMH Lift Truck Acquisition Study Sweepstakes
1. No Purchase Necessary. No purchase or payment is necessary to enter or win. purchase will not improve an entrant's chances of winning. Entrants must be selected to receive an email invitation to take part in the survey, and the survey sweepstakes component.
2. Sponsor. The Peerless Media, MMH Lift Truck Acquisition Study Sweepstakes (the "Sweepstakes") is sponsored by Peerless Media, LLC, a division of EH Publishing, Inc. (the "Sponsor"), 111 Speen Street, Suite 200, Framingham, Massachusetts 01701.
3. Promotion Period. The Sweepstakes will begin on June 10, 2015, at 12:00 a.m. Eastern Time ("ET") and will end on June 26, 2015, at 11:59 p.m. ET (the "Promotion Period"). The Sponsor will be the official timekeeper for the Sweepstakes.
4. Eligibility. The Sweepstakes is open to anyone 18 years of age or older on as of January 1, 2015, who is selected to receive the email survey invitation. The Sweepstakes is offered only in the continental United States and is void in Puerto Rico, outside the United States, and anywhere else prohibited or restricted by law. The Sweepstakes is subject to all federal, state and local rules and regulations. Employees, officers and directors of the Sponsor and the Sponsor's affiliated and subsidiary companies and advertising and promotional agencies, and the immediate family or members of the households of such employees, officers and directors (whether or not related) are not eligible. "Immediate family" is defined as parents, spouses, children, siblings and grandchildren. By entering the Sweepstakes, entrant agrees to abide by these Official Rules and the decisions of the Sponsor, which are final and binding in all respects.
5. How to Enter. There is a single method for entering the Sweepstakes and no other method of entry will be accepted:
To Enter: During the Promotion Period, selected entrants must follow the link contained in the survey email and complete a survey containing approximately 25 questions, including name, company, email address and daytime telephone number, and then submit the entry. Only one entry per email address is permitted. For completing the survey, each entrant, if approved by respondent, will be entered into a raffle for one $100 Amazon.com Gift Card (The Entry Gift). The Entry Gift will be sent to the entrant via the email address submitted with their survey responses. The Survey responses and entries must be received by the Sponsor no later than 11:59:59 p.m. ET on June 26, 2015. In the event of a dispute as to the identity of an online entrant, the "authorized account holder" of the email address used to enter will be deemed to be the entrant. An entrant may be required to show proof of being the authorized account holder. The "authorized account holder" is the natural person assigned to an email address by the Internet service provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted address.
For All Entries: Each entrant must provide all data requested on the survey submission form or as stated by these Official Rules. Incomplete entries will not be accepted. Limit one (1) entry per entrant during the Promotion Period and one (1) Entry Gift, regardless of the method of entry. Any attempt by any entrant to submit more than one (1) entry by using multiple or different email or residence addresses, identities, registrations or logins, or any other method will void all entries and the entrant will be disqualified. All entries become the exclusive property of the Sponsor and will not be acknowledged or returned. Proof of submission of an entry will not be deemed to be proof of receipt by the Sponsor. The Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible, illegible, or misdirected entries, which will be disqualified.
6. Selection of Winner. One (1) winner (the "Winner") will be selected in a random drawing from all qualified entries. The drawing for the one winner will be held in August, 2014 at the Sponsor's corporate headquarters.
7. Prize and Odds.
The individual winner will receive an Amazon.com Gift Card with a value of $100.00 USD. The odds of winning the Prize depend upon the number of eligible entries received by the Sponsor.
No assignment or transfer of the Prize is permitted. The Prize cannot be exchanged, returned, or redeemed for cash. No substitution of the Prize is permitted except by the Sponsor, who reserves the right to substitute another prize of greater or equal value for the Prize. The Prize is awarded with the manufacturer's standard limited warranty on the products.
8. Claiming the Prize. Within ten (10) days after the random drawing, the Sponsor will attempt to contact the Winner by telephone as well as by email. Failure to timely respond, or if the Prize notification is returned as non-deliverable, or if the Winner is found not to be eligible or not in compliance with these Official Rules, the Winner will be disqualified and an alternate Winner will be selected at random from the remaining qualified entries. The Sponsor reserves the right to request valid identification and/or proof of age of the Winner. All taxes, including federal, state and local taxes, are the sole responsibility of the Winner if applicable. If required by law, the Winner will be issued an IRS Form 1099 (the Winner is advised to seek independent counsel regarding the Prize).
9. Publicity. By accepting the Prize, the Winner grants to the Sponsor, and those acting pursuant to the Sponsor's authority (and agrees to confirm said grant in writing if requested by the Sponsor) the right, into perpetuity, to use and publish the Winner's name, portrait, picture, voice and likeness for advertising, trade and promotional purposes without further payment or consideration, worldwide and on the World Wide Web, without notification, review or approval.
10. General Conditions. Each entrant, by entering the Sweepstakes, agrees that he or she will abide by and be bound by these Official Rules, which are final and binding in all respects. The Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Sweepstakes, in the event of any legal or regulatory challenge, or should unauthorized human intervention, fraud, computer virus or tampering, technical failures or interruptions, or any other factor beyond the Sponsor's reasonable control, corrupt or affect the administration, security, fairness, integrity or proper operation of the Sweepstakes, as determined in the Sponsor's sole discretion. In such event, the Sponsor reserves the right to award the Prize at random from among the eligible entries received up to the time of impairment. The Sponsor reserves the right in its sole discretion to disqualify any entrant it finds to be tampering with the entry process or the operation of the Sweepstakes, acting in violation of these Official Rules, acting in a disruptive manner, or acting with intent to annoy, abuse, threaten or harass any other person. Any use of robotic, automatic, programmed or like entry methods will void all such entries by such methods and disqualify any entrant using such method. Any attempt by any person to deliberately damage the Sponsor's website or undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil laws, and, should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. The Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of any provision.
11. Release. By entering the Sweepstakes, each entrant agrees that the Sponsor and the Sponsor's respective corporate parents, subsidiaries and affiliates and their agents, employees, directors and officers, are not liable whatsoever for any injuries, losses or damages of any kind resulting, in whole or in part, directly or indirectly, from participation in the Sweepstakes or any Sweepstakes-related activity, or the awarding, acceptance, possession, use, inability to use, or misuse, loss or misdirection of the Prize. Each entrant releases the Sponsor, and the Sponsor's respective corporate parents, subsidiaries, affiliates, directors, officers, employees and agents from any and all liability for any loss, harm, damages, costs or expenses, including, without limitation, personal property and personal injury damages arising out of participation in the Sweepstakes, the award, acceptance, use, inability to use, or misuse of the Prize, the participation in any Prize-related activity and for all claims based on rights of publicity or privacy, defamation or Prize delivery.
12. Limitations of Liability. The Sponsor is not responsible for: (1) incorrect or inaccurate transcription of entry information or late, lost, stolen, illegible, incomplete, misdirected or postage-due entries or entries received through impermissible or illegitimate channels, all of which will be disqualified; (2) miscommunications, technical failures of any kind, including, but not limited to, the malfunctioning of any telephone, computer, network, hardware or software; (3) the unavailability or inaccessibility of any website or service; (4) unauthorized human intervention in any part of the entry process or the Sweepstakes; (5) electronic or human error which may occur in the administration of the Sweepstakes or the processing of entries; (6) any injury or damage to persons or property, including, but not limited to, entrant's computer, which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Sweepstakes or from downloading any material from the Sponsor's website, regardless of whether the material was prepared by the Sponsor or a third party, and regardless of whether the material is connected to the Sponsor's website by a hypertext link; (7) any costs related to the Prize, except as expressly set forth herein, including, but not limited to, income, sales, property and other taxes, fees and costs incurred by accepting the Prize; or (8) acts of God, acts of terrorism, civil disturbances, work stoppage, damage by third parties, whether negligently or intentionally, picketing, lockouts and/or other concerted actions by any employees of any labor organization, the laws or actions of any governmental authority, or any other event or cause that is beyond the control of the Sponsor.
13. Disputes. Each entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes or the Prize, other than the administration of the Sweepstakes or the determination of the Winner, shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in Middlesex County, Massachusetts; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorneys' fees; and (c) under no circumstances will any entrant be permitted to obtain awards for, and each entrant 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 LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND/OR EXCLUSIONS MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of any entrant and the Sponsor in connection with the Sweepstakes shall be governed by, and construed in accordance with, the laws of the Commonwealth of Massachusetts, without giving effect to any choice of law or conflict of law rules or provisions.
14. Indemnity. Each entrant indemnifies and holds harmless the Sponsor and the Sponsor's corporate parents, subsidiaries, and affiliates, and their respective directors, officers, employees and agents, from any and all liability for any damage or loss of any kind arising from or in connection with participation in the Sweepstakes, or the award, acceptance, use, inability to use, or misuse of the Prize or any Prize-related activity.
15. Winner List/Official Rules. The name of the winner will be available on or about August 30, 2015. For the name and city of the Winner and a copy of these Official Rules, send a self-addressed, stamped envelope to Peerless Media, LLC, c/o EH Publishing, Attn: MMH Lift Truck Acquisition Sweepstakes Winner Info (2); 111 Speen Street, Suite 200; Framingham, Massachusetts 01701. Requests must be received by September 26, 2015.
17. Six (6) Month Waiting Period. The Winner will be ineligible, for a period of six months after June 26 2015, for any other prizes the Sponsor may award in any other Peerless Media, LLC sweepstakes, contest or giveaway.