Fronius Contest rules June 2020 Terms and Conditions [EN]

CONTEST RULES
NO PURCHASE NECESSARY TO ENTER OR WIN THE CONTEST (“CONTEST”)
Entry into this Contest constitutes Entrant’s acceptance of these Contest Rules.
OPEN TO LEGAL RESIDENTS OF THE UNITED STATES (EXCLUDING HAWAII,
ALASKA, PUERTO RICO THE U.S. VIRGIN ISLANDS, AND OTHER
COMMONWEALTHS, TERRITORIES AND POSSESSIONS), 18 YEARS OR OLDER.
1. ACCEPTANCE: By entering this CONTEST (the "Contest") and accepting the terms, Entrant agree to be bound by the following rules ("Contest Rules"), which constitute a binding agreement between Entrant, FRONIUS USA and any website companies hosting and promoting the Contest (“Sponsor”), their respective parent companies, affiliates, subsidiaries, advertising and promotion agencies, and all of their agents, officers, directors, employees, and agents are referred to as the Contest Entities. These Contest Rules apply only to the Contest and not to any other sweepstakes or contest sponsored by FRONIUS USA.
2. ELIGIBILITY: This Contest is only open to U.S. legal residents of the United States (excluding Hawaii, Alaska, Puerto Rico, the U.S. Virgin Islands, and other commonwealths, territories and possessions), with a valid email address, who are 18 YEARS OR OLDER at the time of entry ("Entrants"). Employees, and their immediate families (spouses, parents, children, siblings, and their respective spouses), including household members of Contest Entities are not eligible to enter. VOID IN PUERTO RICO, OUTSIDE OF THE UNITED STATES, AND WHERE PROHIBITED BY LAW. By entering this Contest, each Entrant agrees to release and hold harmless Contest Entities from any injury, loss, death, damage, action, claim, demand or other liability that may occur from entrant's participation in this Contest or from the acceptance, use or misuse of any prize awarded, or attendance at any event. FRONIUS USA reserves the right to verify eligibility qualifications of any winner. This contest shall be governed by the laws of the USA and the State of Indiana.
3. HOW TO ENTER:
1. Must meet eligibility requirements: a. Entrant is over the age of 21; b. Has a valid address within the continental United States; and c. Permits Fronius USA to use Entrants name, picture, and general biographical
information and social media accounts in future marketing campaigns.
2. Limit 1 entries per Entrant
3. Entrant complete and submits the competition form (“Entry”) on the competition
microsite anytime between 12:01am Central Standard Time on June 1st 1, 2020 through 11:59pm Central Standard Time June 14th, 2020. The deadline to submit entries may be terminated earlier at the discretion of the Company without notice.
4. Company reserves the right to remove, delete, or decline a submission for any reason,
including but not limited to: vulgar nature, offensive language or imagery, use or depiction of competitor equipment, duplicative entries, failure to meet the submission criteria, not in alignment with the spirt of the competition, or any other cause which the Company determines appropriate without notice to Entrant.
5. Winner will be determined by random drawing at the end of the entry period.
6. The Prize cannot be exchanged for a monetary award. No cash redemption value.
7. Prize will be shipped no later than June 26th, 2020. Company will pay for the cost of
shipping the Prize to a location within the continental United States. Company will insure shipment, but Winner will be in possession of Prize once Prize is onboard a commercial carrier.
8. Winner is solely responsible for taxes and other associated cost for possession or
retention of the Prize.
To enter, follow directions as outlined above. Instructions for emailing and/or registering and posting comments are included on https://www.fronius.com/en/usa/giveaway-welddotcom. All entries must be received by date and time outlined above. For purposes of these Contest Rules, “receipt” of Entry occurs when Sponsor’s servers record the Entry information resulting from contestants’ entry being received on the Sponsor’s website. Any automated computer receipt (such as one confirming delivery of email) does not constitute proof of actual receipt by FRONIUS USA for purposes of these Contest Rules. FRONIUS USA reserves the right to disqualify any Entry for any reason, in its sole and absolute
discretion.
Should contest be modified, suspended, or terminated, the prize will nevertheless be awarded from eligible entries previously received and in accordance with these Contest Rules.
Odds of winning depend upon number of entries received.
The Entry whose form is picked at random through a drawing will be declared the Contest winner (“Winner”), conditioned on meeting all other eligibility requirements.
4. CONDITIONS OF ENTRY: An eligible Entry must complete each step as described above in Section 3. Incomplete Entries may be declared void. By entering, Entrants agree to comply with these Contest Rules, including all eligibility requirements. Entry will be deemed to have been submitted by the authorized account holder of the e-mail address from which the entry is made. FRONIUS USA is not responsible or liable for lost, stolen, mutilated, incomplete, incorrect, delayed, late, interrupted, illegible or misdirected entries.
ASSIGNMENT OF RIGHTS: FRONIUS USA reserves the right to modify, suspend, or
terminate the promotion in whole or in part by giving such notice, in any form and manner deemed appropriate by FRONIUS USA.
5. DETERMINATION OF THE WINNERS: The Winners will be selected based on the criteria set forth above from among all eligible online Entries received by the deadline date. Selection of the Winner shall be conducted under the supervision of FRONIUS USA. FRONIUS USA will notify the Winner using the email address associated with Entrant’s account. Failure to provide an accurate, working email account through which FRONIUS USA can contact Entrant will disqualify Entrant from receiving the contest prize.
WINNER NOTIFICATION: Winner(s) will be determined after the Contest’s end date and will be notified by email. Winner(s) will be required to provide mailing address which will be used to fulfill the prize. At the discretion of the FRONIUS USA, Winner may be disqualified if found to be ineligible based on the eligibility requirements set forth above. In the event it is determined that the Winner is ineligible or has not complied with these Official Rules, has failed to execute and return any required documents within the specified time period, has made false statements or a prize notification is returned as undeliverable, then the Winner will be disqualified and at FRONIUS USA’s sole discretion, the Entry that is drawn second may then be declared the alternate Winner.
6. PRIZES: One (1) Grand Prize Winner will receive the prize identified in the original contest post found at https://www.fronius.com/en/usa/giveaway-welddotcom. The prize package has no cash redemption value. Any federal and state taxes on the prize are the sole responsibility of the Winners. No substitution or transfer of prizes permitted, except at the sole discretion of FRONIUS USA. If any portion of a prize is unavailable, FRONIUS USA reserves the right to substitute that portion of a prize with a prize of equal or greater value. All prizes will be awarded.
7. GENERAL CONDITIONS: The Winners will be required to sign and return any applicable documents sent by FRONIUS USA related to the Contest, which may include but are not limited to a letter of prize acceptance, waiver of liability, and an affidavit of eligibility within ten (10) days of notification. Failure to return documents as specified will result in entry being disqualified, and an alternate Winner being selected from eligible entries previously received.
Winning constitutes permission (except where prohibited by law) to use Winner’s name, images, hometown, likeness, prize won, and photograph (all at FRONIUS USA’s discretion) for future advertising, publicity in any and all media now or hereafter devised throughout the world in perpetuity, without additional compensation, notification or permission. Failure to grant such
rights may result in disqualification with an alternate Winner or potential Winner selected from eligible entries previously received and in accordance with these Contest Rules; and while not obligated to do so, FRONIUS USA may in its sole discretion, bear such reasonable costs and expenses which FRONIUS USA, in its sole discretion, deems appropriate for Winners or potential Winners to appear for a presentation or other activity. Further, by accepting a prize, Winner agrees to release and hold harmless FRONIUS USA, their parent, subsidiaries, licensees, affiliates, subsidiaries, advertising and promotion agencies, and their respective directors, officers, employees, representatives, and agents from any and all liability for any injuries, loss,
or damage of any kind to person, including death, and property arising whole or in part, directly or indirectly, from acceptance, possession, use or misuse of a prize, participation in any Contest­related activity, or participation in this Contest. Odds of winning depend on the number of eligible entries received. IN NO EVENT WILL FRONIUS USA, ITS PARENT, SUBSIDIARY, LICENSEES, AND OR AFFILIATES AND RELATED COMPANIES, THEIR FRONIUS USA, ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPERESENTATIVES, AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT INCIDENTAL, CONSEQUENTAL OR PUNITIVE DAMAGES ARISING OUT OF ENTRANTR ACCESS TO AND USE OF INTERNET WEBSITE, INCLUDING BUT NOT LIMITED TO THE CONTEST, OR THE DOWNLOADING FROM AND/OR PRINTING OF MATERIAL DOWNLOADED FROM SAID SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO ENTRANT. CHECK ENTRANTR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
FRONIUS USA reserves the right, at FRONIUS USA's sole discretion, to disqualify any individual FRONIUS USA finds, in FRONIUS USA's sole discretion, to be tampering with the entry process or the operation of the Contest or web site; to be in violation of the terms of service of the Contest Entities' web site; to be acting in violation of the Contest Rules; or to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any use of robotic, automatic, macro, programmed, or like entry methods will void all such entries by such methods. In the event of a dispute as to entries submitted by multiple users having the same email account, the authorized subscriber of the email account used to enter the Contest at the actual time of the entry will be deemed to be the participant and must comply with these Contest Rules. Authorized account subscriber is deemed to be the natural person who is assigned an email address by an Internet access provider, online service provider or other organization, which is responsible for assigning email addresses, or the domain associated with the submitted email address.
8. COLLECTION OF INFORMATION: By entering in this Contest, contestants agree to
FRONIUS USA’s use of their personal information for both online and offline direct marketing purposes. For details and to opt-out, visit www.fronius.us. Some personal data of the contestants will be used and collected by Fronius USA in compliance with data protection regulations to undertake the terms of this Contest. The personal data needed for a complete Entry initially includes the e-mail address, the first and last names, the zipcode and the fact of participation – in case of a win also the home address of the Winner will be collected. The contestant's personal data will only be used to conduct the competition and to deliver the prizes. By means of an extra checkbox, contestants can agree to the sending of advertising content. The personal data will not be published. Each contestant has the right to information, rectification, deletion, restriction, objection, revocation, transferability and complaint with Fronius USA. By entering this
competition, the participant agrees that Fronius may contact the winner via their e-mail address.
FRONIUS USA will not sell, rent or otherwise transfer this information to any third party, nor will FRONIUS USA use this information for marketing purposes without Entrant consent. In the event that Entrant are under the age of eighteen (18) years and submit entries to FRONIUS USA, FRONIUS USA will delete, erase or destroy any and all personally identifiable information that is obtained from the entries following the conclusion of the Contest.
9. ARBITRATION & CHOICE OF LAW: Except where prohibited by law, as a condition of
participating in this Contest, Entrant agrees that (1) any and all disputes and causes of action arising out of or connected with this Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action lawsuit, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest the contestant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than Entrant’s actual out-of-pocket expenses (i.e., costs associated with entering this Contest), and Entrant (or, if an eligible minor, his/her parent or legal guardian) further waives all rights to have damages multiplied or increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Contest Rules, or the rights and obligations of Entrant and FRONIUS USA in connection with this Contest, shall be governed by, and construed in accordance with, the substantive laws of the State of Indiana, USA without regard to Indiana choice of law rules. WINNER: Winner(s) will be announced on or before June 15th, 2020 via FRONIUS USA’s
social media accounts and will be notified via email.
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