Kubota – Honky Tonk Concert Ticket Giveaway Sweepstakes

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Kubota Honky Tonk Concert Ticket Giveaway Sweepstakes
Official Rules
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES.
A PURCHASE OR PAYMENT OF ANY KIND DOES NOT INCREASE YOUR CHANCES OF
WINNING.
VOID WHERE PROHIBITED BY LAW.
ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND
ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
BY ENTERING (OR OTHERWISE PARTICIPATING IN) THE SWEEPSTAKES, ENTRANTS
AGREE TO THESE OFFICIAL RULES, WHICH ARE A BINDING CONTRACT, SO READ
THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT
INCLUDES INDEMNITIES TO THE SWEEPSTAKES PARTIES FROM YOU AND A
LIMITATION OF YOUR RIGHTS AND REMEDIES.
1. ELIGIBILITY: The Kubota Honky Tonk Concert Ticket Giveaway Sweepstakes (“Sweepstakes”)
is open only to natural persons who are legal residents and physically located in one (1) of the
forty-eight (48) contiguous United States or the District of Columbia, and who are at least age of
majority or older in their state/jurisdiction of residence (which is eighteen (18) in most states but
is nineteen (19) in Alabama and Nebraska and twenty-one (21) in Mississippi) as of time/date of
entry. Employees, officers and directors of Kubota Tractor Corporation (“Sponsor”), Realtime
Media LLC (“Administrator”) and their respective parent companies, affiliates, subsidiaries,
advertising, contest, fulfillment and marketing agencies (collectively with Sponsor and
Administrator, the “Sweepstakes Parties”), their immediate family members and those living in
the same household as such individuals (whether legally related or not) are not eligible to
participate in the Sweepstakes or win a prize. For purposes of this Sweepstakes, immediate
family members are defined as spouse, partner, parents, legal guardians, in-laws, grandparents,
siblings, children and grandchildren and those living in the same household shall mean people
who share the same residence at least three (3) months a year, whether legally related or not.
By participating, you agree to these Official Rules and to the decisions of the Sponsor and
Administrator, which are final and binding in all respects. Void in any state not listed above and
where prohibited by law, rule or regulation. By participating in the Sweepstakes, each entrant
unconditionally accepts and agrees to comply with and abide by these “Official Rules” and the
decisions of Sponsor, including the interpretation of these Official Rules and its exercise of
discretion, which will be final and binding in all respects.
2. SWEEPSTAKES PERIOD AND ENTRY PERIOD(S): The Sweepstakes begins on or about
8:00:00 AM Central Time (“CT”) on February 2, 2023 and ends on or before 11:59:59 PM CT on
March 1, 2023 (the “Sweepstakes Period”); provided, however, the Sweepstakes Period is
divided into four (4) entry periods (each, an “Entry Period”), which will begin and end as follows:
Entry Period Entry Period Start Time / Date Entry Period End Time / Date
1 8:00 a.m. CT 2/2/23 11:59:59 p.m. CT 2/14/23
2 8:00 a.m. CT 2/2/23 11:59:59 p.m. CT 2/23/23
3 8:00 a.m. CT 2/2/23 11:59:59 p.m. CT 2/24/23
4 8:00 a.m. CT 2/2/23 11:59:59 p.m. CT 3/1/23
The designated computer clock of the Sponsor is the official time-keeping device in the
Sweepstakes.
3. HOW TO ENTER THE SWEEPSTAKES: There is one (1) method of entry for this
Sweepstakes, and you may enter as follows:
Online Method of Entry. To enter the Sweepstakes, during the Entry Period,
you may visit the Sweepstakes website at
info.kubotausa.com/honkytonkconcertticketgiveaway (“Website”). The Website
will contain a description of the Sweepstakes and the official entry form. Each
entrant will be asked to submit an official entry form, which may include, among
other things, his/her/their full name, address, email address and related entry
information as prompted. Entrant must complete and submit the entry form with
all required information for the entry to be eligible. Any entrant who deletes or
requests deletion of the information such entrant provided on the official entry
form prior to winner selection will be ineligible to win.
4. SWEEPSTAKES DRAWING/PRIZE CLAIMING: There will be four (4) winner(s) selected in this
Sweepstakes. The potential winner(s) will be selected through four (4) random drawings, with
one (1) random drawing occurrring on or about the next business day after the Entry Period End
Date. Each potential winner will be selected from the pool of all eligible entries received as of
the date of such random drawing and in accordance with these Official Rules. Sponsor will have
complete discretion over interpretation of the Official Rules, of administration of the
Sweepstakes, and of selection of the winner(s). Decisions of the Sponsor as to the selection of
the winner(s) will be final.
5. ODDS: Odds of winning a Sweepstakes prize for any date of drawing depend on the total
number of eligible entries received as of such date of drawing.
6. WINNER NOTIFICATION: The potential prize winners will be notified using the information
provided during entry by any of email, telephone, mail (method to be selected by Sponsor in its
sole discretion) in a commercially reasonable time after the drawing. The Sweepstakes Parties
are not responsible for false, incorrect, changed, incomplete or illegible contact information.
Notification is deemed to have occurred immediately upon sending of an email, placing of a
phone call, or two (2) days after mailing. A potential prize winner who provides a P.O. Box may
be required to provide an alternative address and this may cause a delay in notification and
acceptance so use of a P.O. Box is discouraged. The Sweepstakes Parties are not responsible
for electronic communications that are undeliverable as a result of any form of active or passive
filtering of any kind, or insufficient space in entrant’s email or other account to receive
messages.
Each potential winner will be required to submit an affidavit of eligibility / release of liability / prize
acceptance agreement (collectively, the “Affidavit”) and return the Affidavit within the time period
specified at notification before being eligible to receive his or her prize(s). If any potential prize
winner fails or refuses to sign and return such Affidavit within the time period required by
Administrator or if the prize or prize notification is returned as rejected, faulty, unclaimed or
returned as undeliverable to such potential prize winner, such potential prize winner may be
disqualified and an alternate may be selected. The Affidavit must be completed, signed and
returned to Administrator within three (3) days of date of issuance. Non-compliance shall result
in disqualification and award of the prize(s) to an alternate winner. Potential winner becomes a
“winner” only after verification of eligibility by Sponsor. If such potential winner cannot be
contacted within a reasonable time period, if the potential winner is ineligible, if any notification is
returned undeliverable, or if the potential winner otherwise fails to fully comply with these Official
Rules, he/she will forfeit that prize and an alternate winner may be selected from among all
remaining entries for that drawing. If, for any reason, more bona fide winners come forward
seeking to claim prizes in excess of the number of each type of prize set forth in these Official
Rules, the winners, or remaining winners, as the case may be, of the advertised number of
prizes available may be selected in a random drawing from among all persons making
purportedly valid claims for such prize(s). Inclusion in such drawing shall be each entrant’s sole
and exclusive remedy under such circumstances. The Sweepstakes Parties are not responsible
for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful
efforts to notify the potential winners.
7. PRIZES/PRIZE RESTRICTIONS: Subject to the limitations listed below, Sponsor will be
awarding four (4) “Trip Prizes” as follows:
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o Louisville Trip Prize: One (1) Louisville Trip Prize will be awarded, consisting of:
Two (2) roundtrip economy/coach airline tickets for the winner and one (1)
companion via Sponsor-selected air carrier(s) from a major commercial
airport selected by Sponsor in its sole and absolute discretion to Louisville,
KY
One (1)-night hotel stay (one (1) standard room based on double
occupancy) for the winner and one (1) companion in Louisville, KY
Two (2) tickets to the scheduled Blake Shelton Back To The Honky Tonk
Tour concert on March 9, 2023 at 7:00 PM ET (the “Louisville Event”)
One (1) Digital Uber gift card to be used for ground transportation
One (1) Digital Visa gift card to be used toward meals
One (1) Kubota branded gift package
o Oklahoma City Trip Prize: One (1) Oklahoma City Trip Prize will be awarded,
consisting of:
Two (2) roundtrip economy/coach airline tickets for the winner and one (1)
companion via Sponsor-selected air carrier(s) from a major commercial
airport selected by Sponsor in its sole and absolute discretion to Oklahmona
City, OK
One (1)-night hotel stay (one (1) standard room based on double
occupancy) for the winner and one (1) companion in Oklahmona City, OK
Two (2) tickets to the scheduled Blake Shelton Back To The Honky Tonk
Tour concert on March 17, 2023 at 7:00 PM CT (the “Oklahoma City Event”)
One (1) Digital Uber gift card to be used for ground transportation
One (1) Digital Visa gift card to be used toward meals
One (1) Kubota branded gift package
o Kansas City Trip Prize: One (1) Kansas City Trip Prize will be awarded, consisting
of:
Two (2) roundtrip economy/coach airline tickets for the winner and one (1)
companion via Sponsor-selected air carrier(s) from a major commercial
airport selected by Sponsor in its sole and absolute discretion to Kansas
City, MO
One (1)-night hotel stay (one (1) standard room based on double
occupancy) for the winner and one (1) companion in Kansas City, MO
Two (2) tickets to the scheduled Blake Shelton Back To The Honky Tonk
Tour concert on March 18, 2023 at 7:00 PM CT (the “Kansas City Event”)
One (1) Digital Uber gift card to be used for ground transportation
One (1) Digital Visa gift card to be used toward meals
One (1) Kubota branded gift package
o Pittsburgh Trip Prize: One (1) Pittsburgh Trip Prize will be awarded, consisting of:
Two (2) roundtrip economy/coach airline tickets for the winner and one (1)
companion via Sponsor-selected air carrier(s) from a major commercial
airport selected by Sponsor in its sole and absolute discretion to Pittsburgh,
PA
One (1)-night hotel stay (one (1) standard room based on double
occupancy) for the winner and one (1) companion in Pittsburgh, PA
Two (2) tickets to the scheduled Blake Shelton Back To The Honky Tonk
Tour concert on March 24, 2023 at 7:00 PM ET (the “Pittsburgh Event”)
One (1) Digital Uber gift card to be used for ground transportation
One (1) Digital Visa gift card to be used toward meals
One (1) Kubota branded gift package
The Louisville Event, Oklahoma City Event, Kansas City Event and Pittsburgh Event may be
collectively referred to herein as the “Events”, and each, individually, as an “Event”.
The average retail value (“ARV”) for each Trip Prize is Two Thousand Five Hundred Dollars
($2,500). The total ARV for all Trip Prizes is Ten Thousand Dollars ($10,000) (USD). Actual
retail value of each Trip Prize may vary depending on point of departure, travel dates and
fare/rate fluctuations. If the actual value of the prize is less than the stated ARV, the difference
will not be awarded. All travel arrangements must be made through the Sponsor or Sponsor’s
designee. Certain restrictions and blackout dates may apply. Each winner of a Trip Prize must
travel as and when designated by Sponsor or such Trip Prize may be forfeited and an alternate
randomly selected winner chosen.
Each Trip Prize winner and his or her travel companion must travel together on the same
itinerary and possess all required travel documents, including visas and valid passports, if and
as applicable. It is the responsibility of each Trip Prize winner and his or her companion(s) to
provide proper documentation (including government issued picture identification). All aspects
of the travel portions of each Trip Prize must be conducted on such dates as determined by
Sponsor in its sole and absolute discretion. The dates of departure and return for each Trip
Prize are subject to change at Sponsor’s sole and absolute discretion. Airline tickets are non-
refundable/non-transferable and are not valid for upgrades and/or frequent flyer miles. Travel
must be booked at least two (2) weeks prior to travel and all travel for a given Trip Prize must be
completed prior to the date of the applicable Event. All airline tickets are subject to flight
variation, work stoppages, and schedule or route changes. Sponsor reserves the right to
structure travel route and select hotels in their sole and absolute discretion. The Trip Prize
winners will not receive cash or any other form of compensation if actual travel costs are less
than the estimate made in these Official Rules. Each Trip Prize is subject to seat and hotel
availability, as well as Sponsor’s terms and conditions generally applicable thereto. If in the
judgment of Sponsor air travel is not required due to a winner’s proximity to the applicable Trip
Prize location, ground transportation will be substituted for roundtrip air travel at Sponsor’s sole
and absolute discretion. The difference in value will not be awarded to any such Trip Prize
winner.
Sponsor shall not be responsible for any cancellations, delays, diversions or substitution or any
acts or omissions whatsoever by the air carriers, hotels, venue operators, transportation
companies, prize providers or any other persons providing any Trip Prize-related services or
accommodations. Sponsor is not liable for any missed prize events, opportunities or expenses
incurred as a consequence of flight cancellation/delay or ground transportation delay. No refund
or compensation will be made in the event of the cancellation or delay of any transportation or
other prize element except at the sole and absolute discretion of Sponsor. Additional prize
award details and travel information to be provided to each Trip Prize winner at the time of such
Trip Prize notification. Trip Prize winners and companion(s) are responsible for obtaining travel
insurance (and all other forms of insurance) at their option and hereby acknowledge that
Sponsor has not and will not obtain or provide travel insurance or any other form of insurance.
Any Trip Prize winner may be required to provide a credit card at the time of hotel check-in.
Companion(s) of Trip Prize winners must be at least the age of majority in his or her state of
residence as of the date of departure. Travel companion(s) must execute liability/publicity
releases prior to issuance of travel documents. Once a travel companion is selected by a Trip
Prize winner and accepted by Sponsor, he/she may not be substituted, except in Sponsor’s sole
and absolute discretion. Travel is subject to the terms and conditions set forth in this
Sweepstakes, and those set forth by Sponsor’s transportation carrier(s) of choice. Lost, stolen
or damaged airline tickets, travel vouchers or certificates will not be replaced or exchanged. All
expenses not specifically mentioned herein are not included as part of any Trip Prize package
and each Trip Prize winner bears sole responsibility for all such expenses, including, but not
limited to: hotel taxes, additional ground transportation at the Trip Prize winner’s’ destination(s),
travel insurance, room service, bag check fees, parking fees, laundry service, food, alcoholic
beverages, merchandise, souvenirs, telephone calls, tips, gratuities and service charges.
Transportation carrier and hotel regulations and conditions apply. Travel and lodging are subject
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to availability, and any changes made to either of these will be at the expense of such Trip Prize
winner.
Address of Event will be provided by the Sponsor a reasonable time prior to the Event. Each
winner is advised to arrive at least one (1) hour prior to Event start time. No one will be
admitted without a ticket. If, for whatever reason, the Event associated with the prize is
cancelled after the prize is awarded, Sponsor’s liability for the prize is limited only to the non-
Event portions of the prize. No compensation will be paid in lieu of the cancelled Event. The
tickets to the Event are subject in all respect to the terms and conditions set forth on the tickets
and any requirements of the facility hosting the Event. Seat locations (if applicable) will be
determined by Sponsor. The winners and companion(s) are strictly prohibited from selling,
auctioning, trading or otherwise transferring the tickets unless Sponsor consents in writing. In
the event a prize winner (and/or his or her companion (if applicable)) engages in behavior that
(as determined by Sponsor or any prize provider in its or their sole and absolute discretion) is
obnoxious, inappropriate, or threatening, illegal or that is intended to annoy, abuse, threaten or
harass any other person, Sponsor reserves the right to terminate the applicable Trip Prize
experience early. Decisions regarding the conduct of the winner(s) and companion(s) (if
applicable) in all aspects of their participation in the Event will be in the sole discretion of
Sponsor, and any of Sponsor’s representatives and final and binding in all respects. Winner(s)
and companion(s) may be removed or disqualified from participating in any aspect of the prize
for any reason at any time, including, without limitation, creating an unauthorized disturbance,
interruption or unnecessarily rough physical contact, creating the potential for injury or property
damages, or for any unhealthy, unsafe, unlawful, or inappropriate act. If a winner or companion
who, in the opinion of Sponsor or any of Sponsor’s representatives, is considered a physical or
mental threat to the well-being of any other individual, he/she may be removed from any
premises relating to the prize and winner (and/or companion (if applicable)) consents to such
removal.
Prize(s) are non-transferable, with no cash redemptions, equivalents or substitutions except at
Sponsor’s sole and absolute discretion. All prize details not specified in these Official Rules will
be determined in Sponsor’s sole and absolute discretion. Prize details and availability are
subject to change and prize provider’s rules and restrictions, and in the event that Sponsor is
unable to provide the winner with his or her prize(s), the Sponsor may elect to provide winners
with the approximate value of such item in cash or award an alternate prize of comparable or
greater value. ALL PRIZE(S) ARE AWARDED “AS IS” AND WITHOUT WARRANTY OF ANY
KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE). Prize
winner(s) will be solely responsible for all federal, state and/or local taxes, and for any other fees
or costs associated with the prize(s) they receive, regardless of whether they, in whole or in part,
are used. The ARV of the prize(s) is based on available information provided to Sponsor and
the value of any prize awarded to a winner may be reported for tax purposes as required by law.
The winner(s) may be required to provide Sponsor with a valid social security number before the
prize(s) will be awarded for tax reporting purposes. An IRS Form 1099 may be issued in the
name of winner(s) for the actual value of the prize(s) received. Unclaimed prize(s) will be
forfeited. Prize(s), if legitimately claimed, will be awarded. The Sweepstakes Parties are not
responsible for and will not replace any lost, mutilated or stolen prize(s) or any prize that is
undeliverable or does not reach a winner because of an incorrect or changed address. If a
winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be
forfeited and the Sweepstakes Parties will have no further obligation with respect to that prize or
portion of that prize. No more than the stated prize(s) will be awarded. The total ARV of all of
the prize(s) awarded in this Sweepstakes is Ten Thousand Dollars ($10,000). The Sweepstakes
Parties are not responsible for and winner will not receive the difference, if any, between the
actual value of the prize(s) at the time of award and the stated ARV in these Official Rules or in
any Sweepstakes-related correspondence or material. Limit of one (1) prize per person.
Assuming compliance by selected winners with the terms and provisions of these Official Rules,
each Trip Prize will be (i) awarded within one (1) week of winner notification for such Trip Prize
and (ii) fulfilled approximately three (3) weeks after winner notification for such Trip Prize.
8. GENERAL: Subject to applicable law, each winner hereby expressly grants to the Sweepstakes
Parties and their respective successors, assigns, sublicensees and designees, the irrevocable
right to use and publish his/her name, social handles, likeness (photographic or simulated),
voice, biography and place of residence for all purposes, including, without limitation,
advertising, marketing, promotional and publicity purposes in connection with this Sweepstakes
(“Advertising”), in any and all media now or hereafter devised, worldwide, in perpetuity, without
any form of notice, permission or any amount or kind of compensation, except for the awarding
of the prize(s) to the winner(s). All copyright, trademark or other intellectual property rights in
such Advertising shall be owned by Sponsor and/or its licensors, and each winning participant
hereby disclaims and waives any claim of right to such Advertising. Such Advertising shall be
solely under the control of Sponsor and/or its licensors, and each winner hereby waives any
claim of control over the Advertising content as well as any possible claims of misuse of such
winning recipient’s name, likeness or voice under contract, tort or any other theory of law. The
Sweepstakes Parties are not obligated to use the Advertising materials. The Sweepstakes
Parties do not assume any responsibility for any disruption in the Sweepstakes Parties,
including, but not limited to, the failure or interruption of any social media platform or any internet
service provider. In the event there is a discrepancy or inconsistency between disclosures and
other statements contained in any Sweepstakes materials and the terms and conditions of these
Official Rules, these Official Rules shall prevail, govern, and control. All decisions as to these
Official Rules and interpretations thereof are exclusively within the sole discretion of the
Sweepstakes Parties and may be changed from time to time without notice. In the event
Sponsor is prevented from continuing with the Sweepstakes by any event beyond its control,
including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike,
act of God or public enemy, communications or equipment failure, utility or service interruptions,
riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with
the Sweepstakes by any party, or any federal, state, or local government law, order, or
regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s
control (each, a “Force Majeure” event or occurrence), Sponsor shall have the right to modify,
suspend or terminate the Sweepstakes or any affected prize. Sponsor additionally reserves the
right, in its sole and absolute discretion: (a) to modify, suspend or terminate the Sweepstakes
should causes beyond Sponsor’s control corrupt or interfere with the administration, integrity,
operation, security or proper play of the Sweepstakes; or (b) to disqualify any entrant found to
be, or suspected of: (i) tampering with the entry process or the operation of the Sweepstakes; (ii)
acting in violation of these Official Rules; or (iii) acting in an un-sportsmanlike manner.
9. CONDUCT: The Sweepstakes Parties are not responsible for the actions of entrants in
connection with the Sweepstakes, including entrants’ attempts to circumvent the Official Rules or
otherwise interfere with the administration, security, fairness, integrity or proper conduct of the
Sweepstakes. The Sweepstakes Parties reserve the right, at their sole discretion, to disqualify
any individual found to be tampering with the participation process or the operation of the
Sweepstakes, or to be acting in any manner deemed by the Sweepstakes Parties to be in
violation of the Official Rules, or to be acting in any manner deemed by the Sweepstakes Parties
to be unsportsmanlike or disruptive, or with intent to annoy, abuse, threaten or harass any other
person and void all associated entries and/or registrations. CAUTION: ANY ATTEMPT BY A
USER, YOU OR ANY OTHER INDIVIDUAL TO DAMAGE OR UNDERMINE THE LEGITIMATE
OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS,
AND SHOULD SUCH AN ATTEMPT BE MADE, THE SWEEPSTAKES PARTIES RESERVE
THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’
FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
Sponsor reserves the right, at its sole and absolute discretion, to disqualify (or terminate the
prize of) any individual who is found to be, or suspected of, acting in violation of these Official
Rules, or to be acting in an unsportsmanlike, obscene, immoral or disruptive manner, or with the
intent to annoy, abuse, threaten or harass any other person.
10. WAIVERS AND DISCLAIMERS: The Sweepstakes Parties assume no responsibility or liability
for: (a) lost, late, stolen, undelivered, inaccurate, incomplete, delayed, misdirected, damaged or
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garbled registrations, entries, URLs, or emails; (b) any incorrect or inaccurate entry information,
or for any faulty or failed electronic data transmissions; (c) any unauthorized access to, or theft,
destruction or alteration of entries or registrations at any point in the operation of this
Sweepstakes; (d) any technical malfunction, failure, error, omission, interruption, deletion,
defect, delay in operation or communications line failure, regardless of cause, with regard to any
equipment, systems, networks, lines, cable, satellites, servers, computers or providers utilized in
any aspect of the operation of the Sweepstakes; (e) inaccessibility or unavailability of the
Internet or the website or any combination thereof or for computer hardware or software
malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human,
mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in
connection with the Sweepstakes, including, without limitation, errors or difficulties which may
occur in connection with the administration of the Sweepstakes, the processing of entries, social
networking posts, or registrations, the announcement of the prizes, or in any other Sweepstakes-
related materials; or (f) any injury or damage to participants or to any other person’s computer or
other electronic device which may be related to or resulting from any attempt to participate in the
Sweepstakes. If, for any reason, the Sweepstakes (or any part thereof) is not capable of running
as planned for reasons which may include, without limitation, infection by computer virus,
tampering, unauthorized intervention, fraud, technical failures, or any other causes which may
corrupt or affect the administration, security, fairness, integrity or proper conduct of this
Sweepstakes, then the Sweepstakes Parties reserve the right at their sole discretion to cancel,
terminate, modify or suspend the Sweepstakes in whole or in part. If terminated, the
Sweepstakes Parties will award the prizes from among all non-suspect, eligible entries received
for the Sweepstakes up to the time of such action.
11. RELEASES: This Sweepstakes is in no way sponsored, endorsed or administered by, or
associated with, Meta, Instagram or Twitter or any affiliate of Meta, Instagram or Twitter
(collectively, the “Platforms”). All participants, as a condition of participation in this
Sweepstakes, agree to release, discharge, indemnify and hold harmless the Sweepstakes
Parties, the Platforms and each of their respective directors, officers, employees, agents,
successors and assigns (collectively, “Released Parties”) from and against any and all liability,
claims, costs (including attorneys’ fees), losses, damages, fines, or actions of any kind
whatsoever for injuries, damages, or losses to persons or property which may be sustained, in
whole or in part, directly or indirectly, in connection with: (i) participation in any aspect of the
Sweepstakes (including travel to/from any Sweepstakes activity), (ii) the receipt, ownership, use
or misuse of the prize awarded, including any travel associated with any prize, (iii) the Released
Parties’ violation of rights of publicity or privacy, claims of defamation or portrayal in a false light
or based on any claim of infringement of intellectual property; (iv) participant’s registration
material on any related website, or (v) any typographical, human or other error in the printing,
offering, selection, operation or announcement of any Sweepstakes activity and/or prize.
12. GOVERNING LAW AND LIMITATION OF LIABILITY: All issues and questions concerning the
construction, validity, interpretation and enforceability of these Official Rules or the rights and
obligations of entrants, Sponsor or the Released Parties in connection with the Sweepstakes will
be governed by and construed in accordance with the internal laws of the State of Texas,
without giving effect to any choice of law or conflict of law rules or provisions that would cause
the application of any other laws.
BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT
PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES
OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY
PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM
OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE
LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT
TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE
AWARDED OR RECOVERABLE; (C) 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 NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR
ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D)
ENTRANTS’ 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 YOU.
13. DISPUTE RESOLUTION: The parties each agree to finally settle all disputes only through
arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief
in the state and federal courts in the State of Texas, and any other court with jurisdiction over the
parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision
and award is final and binding, with limited exceptions, and judgment on the award may be
entered in any court with jurisdiction. The parties agree that, except as set forth above, any
claim, suit, action or proceeding arising out of or relating to this Sweepstakes shall be resolved
solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules
Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or
unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”,
then either party can elect to have the arbitration administered by the American Arbitration
Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-
person hearing is required, then it will take place in the State of Texas. The federal or state law
that applies to these Official Rules will also apply during the arbitration. Disputes will be
arbitrated only on an individual basis and will not be consolidated with any other proceedings
that involve any claims or controversy of another party, including any class actions; provided,
however, if for any reason any court or arbitrator holds that this restriction is unconscionable or
unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in
a court of competent jurisdiction in the State of Texas. Sponsor agrees to pay the administrative
and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or
other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this
provision, bring qualifying claims in small claims court.
14. ENTRY INFORMATION AND SWEEPSTAKES COMMUNICATIONS: As a condition of entering
the Sweepstakes, each entrant gives consent for Sponsor to obtain and deliver his or her name,
address and other information to third parties for the purpose of administering this Sweepstakes
and to comply with applicable laws, regulations and rules. Any information entrant provides to
Sponsor may be used to communicate with entrant in relation to this Sweepstakes or on a
Sweepstakes winner’s list. By participating in the Sweepstakes, participant agrees to all of the
terms and conditions of the Sponsor’s Privacy Policy, which is available at
https://www.kubota.com/privacy/index.html. In the event of any discrepancy between the
Sponsor’s Privacy Policy and these Official Rules, these Official Rules shall control and govern.
15. MISCELLANEOUS: The invalidity or unenforceability of any provision of these Official Rules or
the Affidavit will not affect the validity or enforceability of any other provision. In the event that
any provision of the Official Rules or the Affidavit is determined to be invalid or otherwise
unenforceable or illegal, the other provisions will remain in effect and will be construed in
accordance with their terms as if the invalid or illegal provision were not contained herein.
Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that
provision. Entrants agree to waive any rights to claim ambiguity of these Official Rules.
Headings are solely for convenience of reference and will not be deemed to affect in any manner
the meaning or intent of the documents or any provision hereof. In the event there is a
discrepancy or inconsistency between disclosures or other statements contained in any
Sweepstakes-related materials, privacy policy or terms of use on any website, social media
platform or application and/or the terms and conditions of the Official Rules, the Official Rules
shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and
absolute discretion.
4853-9548-3979.5
16. WINNERS LIST: To receive the list of winners of prizes, send a #10 self-addressed, stamped
envelope for receipt by May 2, 2023 to: Kubota Honky Tonk Concert Ticket Giveaway
Sweepstakes Winners List Request, c/o Realtime Media, 1001 Conshohocken State Road, STE
2–100, West Conshohocken, PA 19428.
17. SPONSOR: Kubota Tractor Corporation. 1000 Kubota Drive, Grapevine, TX 76051. Reference
to third parties in connection with prizes and/or third party websites or services are for reference
and identification purposes only and not intended to suggest endorsement, sponsorship or
affiliation with Sponsor or the Sweepstakes.
18. ADMINISTRATOR: Realtime Media LLC, 1001 Conshohocken State Road, STE 2–100,
West Conshohocken, PA 19428; https://www.rtm.com/;
https://privacy.rtm.com/PrivacyPolicy.pdf.