Family Farm & Home – Cat Giveaway Sweepstakes

OFFICIAL SWEEPSTAKES RULES, TERMS AND CONDITIONSNO PURCHASE REQUIRED. No purchase is required or payment necessary to enter this Sweepstakes.  Purchase does not increase your chances of winning.The Sweepstakes sponsor is Family Farm & Home, Inc. (sometimes referred to in these rules, terms, and conditions as “FFH,” “us”, “we” or “our”), and our address is 900 Third Street, Suite 302, Muskegon, Michigan 49440. The Sweepstakes is not sponsored, promoted, endorsed, administered by, or associated with, Facebook, Instagram, YouTube, Woobox, or other third party platform by which the Sweepstakes is or may be identified or promoted. No individual FFH store is a sponsor. The Sweepstakes is open only to natural persons legally residing in the following U.S. states where there is an FFH store: Indiana, Maryland, Michigan, Ohio, and Pennsylvania (“Qualifying Residents”). Qualifying Residents entering the Sweepstakes must be at least eighteen (18) years old at the time of submitting an entry and must be an authorized user of an email address originating in the United States of America. Natural persons who submit an entry but who are not Qualifying Residents are not eligible to be awarded a Prize.  Employees of Family Farm & Home, Inc., and its related entities, any participating sponsors and their advertising agencies, as well as their immediate families (spouse, parents, children and siblings), are not eligible to enter the Sweepstakes or to win a Prize; void where prohibited. Additional Rules, Terms and Conditions:1.  Entry into this Sweepstakes is deemed acceptance of these rules, terms and conditions.2.  The “Sweepstakes Period” begins at 12:00 am Eastern Time on August 27, 2019 (“Sweepstakes Start”) and continues until 12:00 am Eastern Time October 14, 2019 (“Sweepstakes End”).3.  Any decision of FFH will be final and conclusive.4.  All personal details provided by you to enter into the Sweepstakes will be held by us for the purpose of this Sweepstake and such personal details may be used by us for future promotional and marketing purposes (including the sending of electronic messages), unless otherwise advised by you. You may access, update and request correction of your personal details held by FFH by contacting us at the address listed in these rules, terms and conditions. The information you submit is subject to our PRIVACY POLICY, which is found at www.familyfarmandhome.com.  5.  You may only enter the Sweepstakes by going to our website at www.familyfarmandhome.com/cat_utv_giveaway and enter all of the information required by the “Sweepstakes Entry Form”, including your name, address (not a post office box), date of birth, city and state of residence, zip code, telephone number, and a valid, working email address for which you are the authorized user. All entries will be deemed to have been received at the time of receipt by FFH, and shall become the exclusive property of FFH and will not be acknowledged or returned.  Our records of our receipt of your entry will be final and conclusive.  You may submit only one (1) entry during the Sweepstakes Period; more than one (1) entry will disqualify you from participating.  Entries must be made by an individual from a stand-alone computer device and may not be made by proxy or automated means. You may not enter with multiple email or with multiple identities, nor may you use any device or any other means to make or obtain more than one (1) entry to the Sweepstakes. Any entry or entries that violate(s) these rules, terms and conditions will be void, and the individual submitting such entry or entries will be precluded from winning a Prize in the Sweepstakes. You must provide an accurate, functioning email address for which you are the authorized user for your entry to be eligible and for us to notify you by email. For purposes of this Sweepstakes and these rules, terms and conditions, an “authorized user” is defined as a natural person who is assigned an email address by an Internet mail provider, Internet service provider, online service provider, or business or other entity located in the United States of America that is responsible for assigning, and is authorized to assign, email addresses for the domain associated with the email address. In the case of a dispute regarding the person who submitted a particular online entry for the Sweepstakes, the entry shall be deemed to have been submitted by the authorized account holder of the email account. 6.  We are not liable for any person’s inability to complete or continue an entry or for any inaccurate information that may or may not have been supplied as a result of misuse or failure of any equipment, technical error, inaccurate data entry or deletion of data, transmission communication, software limitation or failure, website access, alteration to entry information, or any combination of the foregoing that may occur when you enter the Sweepstakes.7.  There will be only five (5) Prizes and there will be only one (1) winner for each Prize.  If you are selected as a winner in the random drawing, your entry will be removed from being drawn again for the Sweepstakes.  The winner of the Prizes (defined below) will be chosen at random at FFH at the address set forth above on October 14, 2019.  The winner will be notified via email on the later of October 14, 2019, or within ten (10) days after the random drawing, to the email address provided at the time of entry. It is the responsibility of each entrant to keep his or her email address current and operating, and to monitor it on a regular basis. The potential winner must respond within ten (10) days after receiving an email notification from us telling you that you have won a Prize. If the potential winner responds in a timely manner to the notification email, he or she will be sent by email provided in the Sweepstakes Entry Form, an “AFFIDAVIT OF ELIGIBILITY, LIABILITY, AND PUBLIC RELEASE” form (“Affidavit”). The potential winner must sign and return the original of the Affidavit to us to be confirmed as the winner of a Prize. If the Affidavit is not returned to us fully executed within ten (10) days after you receive it, you will be deemed to have declined the identified Prize and, we, without further notice or liability to you, will select another potential winner for the forfeited Prize by random drawing. We will not be responsible for electronic communications that are undeliverable for any reason. 8.   The right to receive a Prize is non-assignable and non-transferrable, and no prize substitution, exchange, or cash equivalent request by a winner will be allowed.    9.   We reserve the right, in our sole discretion, to refuse awarding any Prize or Prize entitlement to any person who we determine (a) to have failed to comply with, violated or breached any of these rules, terms and conditions, (b) provides any inaccurate, false, or misleading information, (c) gained unfair advantage in participating in the Sweepstakes, (d) obtained a winner status using fraudulent means, or (e) enters or attempts to enter the Sweepstakes through any means other than described in these rules, terms and conditions.10. The five (5) prizes in this Sweepstakes includes a Grand Prize of one (1) Cat® UTV (Model No. CAT® CUV82) with an approximate retail value of $24,999.99 (sometimes referred to as “Grand Prize”), and four (4) consolation prizes as follows: (a) one (1) Cat® Inverter Generator (CAT 2250W INV GENERATOR) with an approximate retail value of $749.99; (b) one (1) $300.00 Family Farm & Home Gift Card; (c) one (1) $200.00 Family Farm & Home Gift Card; and, (d) Cat® branded item or items of merchandise of your choice the total value of which shall not to exceed $100.00  as priced at the time of your redemption of the Prize (the Grand Prize together with the other listed prizes are sometimes collectively referred to as “Prizes,” or individually as “Prize”).  Should the actual retail value of a Prize be less than the approximate retail value stated, the difference will not be awarded in cash or in kind. All taxes, licenses, registration and other costs or fees associated with a Prize are the sole responsibility of the winner of the Prize. The winner of a Prize must take delivery in person, at the closest FFH store location within their state of residence.  We reserve the right to substitute a prize of comparable or greater value. Restrictions may apply to your use of FFH Gift Cards, which currently include activation requirements and restrictions on use or redemption.11.  The odds of winning a Prize is based on the total number of eligible Sweepstakes entries.12.  By accepting a Prize, the winner acknowledges and agrees as follows:  (a) that he or she will be solely responsible for all taxes, licenses, costs, expenses, and fees associated with the Prize, and (b) that the Prize is awarded “as is”, and that neither we nor any of our employees have made, nor are we in any way responsible or liable for, any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any Prize, or regarding the use, value, or enjoyment of any Prize.13.  The approximate retail value of the Prize received will be taxable to the winner as income, and all federal, state and local taxes, licenses, and any other fees associated with the acceptance of the Prize is the sole responsibility of the winner. You agree to complete and provide to FFH an IRS Form W-9 to allow us to provide an IRS Form 1099 stating the Approximate Retail Value of the Prize, and a copy of IRS Form 1099 will be sent by us to the Internal Revenue Service.14.   You acknowledge that we will conduct the Sweepstakes administration, winner selection, and winner verification, and you agree that any decision we make relating to the interpretation of these rules, terms and conditions including your participation in the Sweepstakes and the award of any Prize, is final and conclusive.15.   By entering and participating in the Sweepstakes, you agree, on behalf of yourself, together with your spouse, minor children, estate, and personal representative, to release and discharge us, and will hold us harmless, from and against any and all liability, actions, causes of action, any actual, incidental, or consequential damages, claims and demands whatsoever at law or in equity, including all costs which you or they has or may incur, by reason of personal injury, death, loss of or damage to property, or any other reason during or arising out of your participation in the Sweepstakes or the acceptance and use of any Prize, or both.16.  FFH shall not be liable for a failure or delay in performance in connection with the Sweepstakes (including the award of a Prize) where such failure or delay is caused by Act of God (such as fire, flood or earthquake), state of emergency, war, federal, state, or local law, rule, regulation, restriction, shortage of labor, delays in transit, failure or delays by sponsors, failure, delay or inability to obtain any necessary authorization or legislative prohibitions or restrictions, legal action, injunction or threat or reasonably anticipated threat of injunction or other legal action by any person or other causes whatsoever (whether similar in nature or not to the foregoing) beyond FFH’s reasonable control (the foregoing referred to as “Unexpected Event”). 17.   FFH reserves the right to cancel, terminate, modify or suspend or recommence the Sweepstakes at any time regardless of a published expiration date for the Sweepstakes Period including, without limitation, if for any reason the promotion is interfered with or disrupted due to an Unexpected Event or fraudulent entry practices. Any such cancellation, termination, modification, suspension or recommencement shall be published on the contest landing page and you will be deemed to have notice on the date so published. 18.  If any Prize is unavailable for any reason, including an Unexpected Event, we may substitute another prize that we consider, in our sole and absolute discretion, to be of equal value, subject to any directions from regulatory authorities.  Our decision on substitution shall be final.19. These rules, terms and conditions may be amended from time to time by publication on our contest landing page and you will be deemed to have notice on the date so published.  20.  By accepting any Prize, you give the FFH a perpetual, irrevocable, non-exclusive, world-wide, free and royalty free license to use any material submitted as part of your entry together with your voice, likeness, photographic or video images, and quotes for promotional or other purposes for the purposes of conducting and promoting this or any other sweepstakes  sponsored by FFH, and for use by us or in other media now known or later devised. The winner, as a condition to receiving a Prize, agrees to execute the Affidavit, which may include additional terms.21.   Any questions, comments or complaints about the Sweepstakes should be directed to FFH at the address given in these rules, terms and conditions.  Do not provide questions, comments or complaints to YouTube, Woobox, or other third party platform by which the Sweepstakes is or may be identified or promoted.22.  These official rules, terms and conditions, sweepstakes and any cause of action arising from any sweepstakes shall be governed by and construed in accordance with the laws of the State of Michigan (exclusive of its choice of law provisions). Any controversy or claim arising out of or relating to these official rules, terms and conditions or any sweepstakes shall be settled by final and binding arbitration in accordance with the rules of and shall be administered by the American Arbitration Association before a single arbitrator, with the proceedings to be held in Muskegon, Michigan and, in the case of any appeal permitted under those rules, exclusive jurisdiction and venue will rest with the federal and state courts in the State of Michigan, County of Muskegon. Each party shall bear his/her own legal expenses in such arbitration.THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THE SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.BY PARTICIPATING IN A SWEEPSTAKES, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH ANY SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY ENTRANT.23.  Any entrant may receive a copy of these rules, terms and conditions, or a list of the Sweepstakes winners by sending a self-addressed, stamped envelope to: Family Farm & Home, Inc., ATTN: Marketing, 900 Third Street, Suite 302, Muskegon, Michigan 49440.