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Official Rules
 

NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. WINNERS MAY BE REQUIRED TO EXECUTE A PRIZE ACCEPTANCE AGREEMENT.

PARTICIPATION CONSTITUTES ENTRANT'S FULL AND UNCONDITIONAL AGREEMENT TO AND ACCEPTANCE OF THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR (DEFINED BELOW) FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.

Vance Publishing Corporation Inc.’s (“Sponsor’s”) Cash For Christmas Sweepstakes (the “Promotion”) consists of four (4) separate “Publication Sweepstakes,” each hosted by a participating Sponsor publication (i.e., Dairy Herd Management, Ag Professional, Drovers, CattleNetwork, Bovine Veterinarian, and Pork; each, a “Publication”), and one (1) final “Grand Prize Sweepstakes.” The Promotion is subject to these Official Rules. Winners will be chosen by separate random drawings for each portion of the Promotion, and each entry into a Publication Sweepstakes (each, an “Entry”) will automatically be entered in the Grand Prize Sweepstakes as well.

1. HOW TO ENTER: The Promotion begins on July 15, 2009 at 12:01 a.m. and ends on December 14, 2009 at 11:59 p.m. (the “Promotion Period”). All times are Central Standard Time. To enter, complete an official entry form by providing all requested information (full legal name; e-mail address; daytime telephone number [confirm telephone number will be requested; entry form comp we saw does not request it]; business name and postal address) and answering a short survey. To obtain an entry form and enter online: (a) visit one of the following sites during the Promotion Period: www.dairyherd.com, www.agprofessional.com, www.drovers.com, www.cattlenetwork.com, www.bovinevetonline.com, or www.porkmag.com (collectively, the “Promotion Sites”); (b) click on the Promotion link; and then (c) follow all instructions. Incomplete entries will be void. All Entries become property of Sponsor and will not be acknowledged or returned. Entries that are forged or altered or generated by a macro, bot, or other automated means will not be accepted and will be void. All Entries must be received by Sponsor no later than 11:59 p.m. December 14, 2008 to be eligible. The relevant Promotion Site’s database clock will be the official timekeeper for Entries in the Promotion. For purposes of this Promotion, an Entry is “received” when the relevant Promotion Site’s servers record the Entry information upon clicking the final “Submit” button. Proof of sending does not constitute proof of actual receipt of an Entry.

2. ELIGIBILITY: The Promotion is limited to individual, verifiable members of the United States commercial agricultural industry who are legal residents of one of the fifty (50) United States or the District of Columbia, at least the age of majority in the state of residence on date of entry, except that residents of the States of Alaska and Hawaii are not eligible to enter or win. Employees of Sponsor, Sponsor’s prize providers (each, a “Partner”), and each of their parent and affiliated companies, advertising agencies, and promotional partners, and relatives of and those living in the same household as such employees are not eligible to enter or win. For the purpose of this Promotion, “relatives” are defined as spouse, mother, father, in-laws, grandmother, grandfather, brother, sister, children and grandchildren. All federal, state and local laws and regulations apply. Void where prohibited and in Alaska and Hawaii. Limit one Entry per household for the entire Promotion, regardless of which Promotion Site Entry is made from.

3. SELECTION OF WINNERS:

Publication Sweepstakes:

  • Monthly Winners: From August-November, 2009 [confirm months], a separate, random monthly drawing from among all eligible Entries received to date during the Promotion Period will be conducted on or about the 1st of each month, by Sponsor’s designated judges, whose decisions are final, to determine one (1) monthly prize winner (each a “Monthly Winner”) per Publication Sweepstakes. Each Publication Sweepstakes will have four (4) Monthly Winners in total. Winning Entries will not be eligible for any further prizes in the Promotion, but non-winning Entries will roll over from month to month.
  • Weekly Winners: Beginning August 10, 2009 and continuing through November 23, 2009, a separate, random weekly drawing from among all eligible Entries received to date during the Promotion Period will be conducted on or about the Monday of each week, by Sponsor’s designated judges, whose decisions are final, to determine one (1) weekly prize winner (each a “Weekly Winner”) per Publication Sweepstakes. Each Publication Sweepstakes will have twelve (12) Weekly Winners in total. Winning Entries will not be eligible for any further prizes in the Promotion, but non-winning Entries will roll over from week to week.

Grand Prize Sweepstakes: Each Entry into a Publication Sweepstakes is automatically entered into the Grand Prize Sweepstakes as well. On or about December 15, 2009, a random drawing from among all eligible entries received during the Promotion Period will be conducted by Sponsor’s designated judges, whose decisions are final, to determine the winners.

4. WINNER NOTIFICATION: Each potential winner will be notified that he/she may have won a prize by telephone or e-mail, in Sponsor's sole discretion, on or about seven (7) days following the relevant random drawing. Unless prohibited by law, each winner may be required (in Sponsor’s sole discretion) to sign and return an affidavit of eligibility and liability/publicity release (which are subject to verification by Sponsor) within the time frame specified by Sponsor or prize may be forfeited. If any prize notification, prize, or Promotion communication is rejected, faulty, or returned as undeliverable or if a winner cannot be reached after a reasonable attempt has been made by Sponsor (as determined by Sponsor in its sole discretion), such winner may be disqualified and an alternate potential winner may be randomly selected.

5. PRIZES/ODDS: The following prizes will be awarded:

For Each Publication Sweepstakes:

  • Four (4) Monthly Winners will each receive a “Monthly Prize” in the form of a promotional prize package to be assembled by one of Sponsor’s Partners in that Partner’s sole discretion. ARV of each Monthly Prize: $500. Combined ARV of all Monthly Prizes for each Publication Sweepstakes: $2,000.
  • Twelve (12) winners will each receive a “Weekly Prize” in the form of a $50 Cabela’s gift certificate. ARV of each Weekly Prize: $50. Combined ARV of all Weekly Prizes for each Publication Sweepstakes: $600.

    ARV of all prizes in each separate Publication Sweepstakes: $2,600.

Grand Prize Sweepstakes: One (1) “Grand Prize Winner” will receive a “Grand Prize” in the form of $2,500 in cash.
ARV of Grand Prize: $2,500

Odds of winning depend on number of eligible entries received. If legitimately claimed, all prizes will be awarded. An IRS Form 1099 will be provided to the IRS in the Grand Prize Winner's name. If any winner cannot accept a prize for any reason, he/she may forfeit the prize and no alternate or substitute prize will be provided. If any winner does not accept or use the entire prize, the unaccepted or unused part of any prize will be forfeited and Sponsor will have no further obligation with respect to any prize or portion of any prizes. Sponsor is not responsible for any inability of any winner to accept or use any prize (or portion thereof) for any reason. All federal, state and local taxes, as well as any expenses not specified in these Official Rules, are the sole responsibility of each winner, and each winner may be required to fill out and return certain tax forms in the time specified by Sponsor. No transfers, prize substitutions or cash redemptions will be made, except at Sponsor’s sole discretion. Sponsor reserves the right to substitute the stated prize, or any portion thereof, with another prize or portion thereof of equal or greater value for any reason whatsoever, including without limitation due to prize unavailability. Cabela’s gift certificate expires six (6) months from date of issuance, and may be awarded in the form of a paper gift certificate, gift card, or an electronic redemption code, in Sponsor's sole discretion. Prizes will be delivered to each winner within approximately thirty (30) days of winner verification by Sponsor. Sponsor will not replace any lost, mutilated or stolen prizes or certificates. Additional prize details not specified in these Official Rules will be determined in Sponsor's sole discretion. The value of each prize set forth above is based on Sponsor’s and/or a Partner’s good faith determination of the ARV thereof and cannot be challenged or appealed. In the event the ARV of any prize is more than the actual retail value of that prize, the difference will not be awarded in cash or otherwise. No more than the stated prizes will be awarded.

6. LIMITATION OF LIABILITY: EACH ENTRANT AGREES TO RELEASE, HOLD HARMLESS AND INDEMNIFY SPONSOR, PARTNERS, AND EACH OF THEIR RESPECTIVE PARENTS, DIVISIONS, SUBSIDIARIES, AFFILIATES, ADVERTISING, PROMOTION, AND PUBLIC RELATIONS AGENCIES, AND THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENCIES OF EACH (COLLECTIVELY, THE “RELEASED PARTIES”) FOR ANY LIABILITY WHATSOEVER FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH THE ACCEPTANCE, POSSESSION, USE, MISUSE OR AWARDING OF A PRIZE OR WHILE PREPARING FOR, PARTICIPATING IN AND/OR TRAVELING TO OR FROM ANY PRIZE- OR PROMOTION-RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO PERSON OR PROPERTY. EACH ENTRANT FURTHER AGREES TO INDEMNIFY, DEFEND AND HOLD RELEASED PARTIES HARMLESS FROM AND AGAINST ANY BREACH OR ALLEGED BREACH OF THESE OFFICIAL RULES, AND ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO ENTRANT'S PARTICIPATION IN THIS PROMOTION, INCLUDING THOSE BASED ON PUBLICITY RIGHTS, DEFAMATION, OR INVASION OF PRIVACY. EACH WINNER AGREES THAT HIS/HER PRIZE IS PROVIDED AS-IS WITHOUT ANY WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE PRIZE, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS:

“CERTAIN CLAIMS NOT AFFECTED BY A GENRAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

7. ADDITIONAL DISCLAIMERS: Sponsor is not responsible and/or liable for any of the following, whether caused by Sponsor, the entrant, or by human error: any lost, late, incomplete, illegible, mutilated, or misdirected entries, e-mail or mail or postage-due mail; any error, omission, interruption, defect or delay in transmission or communication; viruses or technical or mechanical malfunctions; interrupted or unavailable cable or satellite systems; errors, typos, or misprints in these Official Rules, in any Promotion-related advertisements or other materials; failures of electronic equipment, computer hardware or software; lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications or entry information.

8. GENERAL RULES: By entering the Promotion, (except where prohibited by law) entrants consent to the use of their names, pictures, likenesses, voices, biographical data, and/or any information contained in their entry in advertising, promotion and marketing materials throughout the world, including without limitation on the internet, by the Sponsor, its promotional partners, and third party marketing entities, without additional compensation, notice, review, or approval. By entering the Promotion, each entrant agrees that Sponsor may disclose the entrant's business postal address as set forth in the entry to Sponsor’s Partners, and that those Partners may send promotional materials to that postal address. Sponsor’s decisions will be binding and final in all matters, including interpretation of these Official Rules and awarding of the prizes. All entrants, as a condition of entry, agree to be bound by these Official Rules and the decisions of Sponsor. Failure to comply with these Official Rules may result in disqualification from this Promotion. Sponsor reserves the right to permanently disqualify any person it believes has violated these Official Rules. Entrants further agree to not knowingly damage or cause interruption of the Promotion and/or prevent others from using the Promotion. Sponsor reserves the right, in its sole discretion, to void the Entry of any entrant who Sponsor believes has attempted to tamper with or impair the administration, security, fairness or proper play of this Promotion. If during the Promotion Period, all or any part of the Promotion or any sweepstakes is not capable of running as planned for any reason (including, without limitation, due to events of force majeure), or for any other reason whatsoever, Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Promotion and award prizes from among entries received prior to or after the date of the cancellation, modification or suspension. Sponsor assumes no responsibility for undeliverable e-mails resulting from any form of active or passive e-mail filtering by a user’s internet service provider and/or e-mail client or for insufficient space in user’s e-mail account to receive e-mail. Sponsor is not responsible and may disqualify any entrant if his/her e-mail address does not work or if it is changed without prior written notice to Sponsor. Any person who supplies false information, obtains entries by fraudulent means, or is otherwise determined to be in violation of these Official Rules in an attempt to obtain any prize will forfeit any prize won and may be prosecuted to the full extent of the law. In the event of a dispute concerning who entered the Promotion, the entry will be declared to have been made by the authorized account holder of the e-mail address submitted at time of entry, but only if that person meets all other eligibility criteria. An authorized account holder is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Entries made by anyone other than the entrant and/or originating at any web site other than one of the Promotion Sites, including, without limitation, commercial sweepstakes subscription notification and/or entering service sites, will be disqualified. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATIONS OF THE PROMOTION VIOLATES CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY ENTRANT MAKING SUCH ATTEMPT AND MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.

9. GOVERNING LAW/RESOLUTION OF DISPUTES: All disputes between an entrant and Sponsor in connection with this Promotion shall be governed by, and construed in accordance with, the laws of the State of Illinois, without giving effect to any principles of conflicts of law. Each entrant agrees to submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in Cook County, Illinois, in any action arising from or relating to this Promotion or these Official Rules. If any provision of these Official Rules shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Official Rules and shall not affect the validity and enforceability of any remaining provisions. Sponsor's failure to insist upon or enforce strict performance of any provision of these Official Rules shall not be construed as a waiver of that or any other provision or right. No waiver of any term or condition of these Official Rules shall be deemed a further or continuing waiver of such term or condition or any other term or condition. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Promotion materials or any of the Promotion Sites’ Terms of Use or Privacy Policy and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern and control.

BY PARTICIPATING IN THE PROMOTION, 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 THE PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, 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), NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS ($250.00), BUT IN NO EVENT WILL ATTORNEYS’ AND/OR EXPERTS’ FEES AND COSTS BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVE 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 TWO HUNDRED FIFTY DOLLARS ($250.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANTS' REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANTS IRREVOCABLY WAIVE ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO ALL ENTRANTS.

10. WINNER’S LIST/OFFICIAL RULES REQUESTS: For a copy of these Official Rules or a list of winners for the Promotion, send a legal-size, self-addressed, stamped envelope, indicating your request to: Cash For Christmas Sweepstakes, Official Rules [Winner's List] Request, c/o Vance Publishing Corporation, 10901 W. 84th Terrace, Lenexa, KS 66214, Attn: Shelly Thompson. Requests must be received no later than three (3) months following the end of the Promotion Period. Vermont residents may omit return postage from Official Rules requests.

11. SPONSOR: Vance Publishing Corporation, Inc., 400 Knightsbridge Pkway, Lincolnshire, IL 60069.

 
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