THE OLDCASTLE APG BELGARD SITEONE 20TH ANNIVERSARY SWEEPSTAKES OFFICIAL RULES
US Sweepstakes & Fulfillment Company
Oldcastle APG Belgard SiteOne 20th Anniversary Sweepstakes
Promotion runs from 05/01/21 to 09/30/21 FINAL: 03/29/21
NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT
IMPROVE YOUR CHANCES OF WINNING.
SWEEPSTAKES ENTRY PERIOD: The Oldcastle APG Belgard SiteOne 20th Anniversary Sweepstakes (the “Sweepstakes”) begins at 12:00:01 AM Eastern Time (“ET”) on Saturday, May 1, 2021 and ends at 11:59:59 PM ET on Thursday, September 30, 2021 (the “Sweepstakes Period”). ELIGIBILITY: This Sweepstakes is not open to the general public. The Sweepstakes is open to legal residents of the 48 contiguous United States, including the District of Columbia, who are currently employed by or own a commercial landscape business (“Company”), age 18 or older at the time of entry (“Participant”). Only Participants that are employed by or the owner of an eligible Company are eligible to enter the Sweepstakes on behalf of such Company. Prizes will be awarded to the Company associated with the entry and must be accepted by the owner or authorized agent of the Company. Sponsor reserves the right to verify eligibility requirements. Void in Alaska, Hawaii, Puerto Rico, Guam, the U.S. Virgin Islands, outside the U.S., and where prohibited by law. Employees of Oldcastle APG, Inc. (the "Sponsor"), US Sweepstakes & Fulfillment Company (the “Sweepstakes Administrator”), Belgard, and their respective subsidiaries, affiliates, advertising and promotion agencies, and the immediate family members (spouses, parents, children, and siblings and their spouses) of, and/or those living in the same household of each, are not eligible to enter. Sweepstakes is subject to all applicable federal, state and local laws and regulations.
HOW TO ENTER: There are two (2) ways to enter.
Method #1: Purchase Entry. During the Sweepstakes Period, make a minimum purchase at SiteOne Landscape Supply of at least one-thousand ($1,000) dollars of qualifying Belgard and/orTechniseal products (the “Purchase Entry”).
Method #2: Alternate Method of Entry (“AMOE”) / Mail-in Entry. To enter without purchase, mail a postcard (the “Mail-In Entry”), including your name, business name, complete address, email address and phone number to the following address to receive one (1) entry into the Sweepstakes:
The Oldcastle APG Belgard SiteOne 20th Anniversary Sweepstakes, PO Box 958, Social Circle, GA 30025-0958. Each Mail-In Entry must be mailed separately and must be postmarked between Saturday, May 1, 2021 and Thursday, September 30, 2021, and received by Thursday, October 7, 2021. Photocopied, illegible, or mechanically reproduced entries are not eligible. All entries become the property of the Sponsor and will not be returned or acknowledged. Sponsor is not responsible for lost, late, damaged, misdirected or postage-due
All methods of entry have an equal chance of winning. All entries become the property of the Sponsor and will not be acknowledged or returned.
PRIZE/APPROXIMATE RETAIL VALUE (“ARV”)/ODDS:
Grand Prize: There is one (1) Grand Prize available to be won. Grand Prize includes one (1) 2021 Ford Super Duty F-250 (the “Vehicle”). ARV is as of date of drafting these Official Rules. The difference in value of prize as stated herein and value at time of prize notification/award, if any, will not be awarded. Winner may be required to take delivery of Vehicle from the automobile dealership designated by the Sponsor. Sponsor shall use best efforts to select a dealership that is close to Grand Prize winner’s primary residence. Vehicle may differ from what is depicted in Sweepstakes advertising. Vehicle will be available with standard equipment, as designated by the Sponsor; any upgrades and options are at the sole expense of the winner. Color, package, factory options, and other prize specifics to be determined by Sponsor in its sole discretion and are subject to availability. Sponsor reserves the right, in its sole discretion, to require the winner to select the Vehicle from available dealer stock. Winner shall bear all risk of loss or damage to the Vehicle after it has been delivered to the specified delivery site, if applicable. Winner will be responsible for any and all costs associated with the collection and use of the Vehicle, including but not limited to, optional equipment, freight and dealer prep, title, license, insurance, registration fees, applicable taxes and any travel and transportation costs associated with collecting the Vehicle. All other costs not specifically stated herein are the responsibility of the winner. Winner must personally retrieve the Vehicle within 30 days of written notification of delivery. Winner must have proof of a valid U.S. driver’s license from his or her State or place of residence in the United States and proof of insurance to take delivery of Vehicle; noncompliance may result in forfeiture of prize. Sponsor reserves the right to delay vehicle delivery or substitute a similar vehicle of equal or greater value should the vehicle as described be unavailable for any reason. The ARV of Grand Prize: $72,000.00.
First Prize: There is one (1) First Prize available to be won. First Prize is one (1) Ditch Witch mini skid steer, model: 1550, including bucket and fork attachments.
The ARV of First Prize is: $50,707.00.
Second Prize: There is one (1) Second Prize available to be won. Second Prize is one (1) Ditch Witch mini skid steer, model: 1050, including bucket and fork attachments.
The ARV of Second Prize is: $41,842.00.
Third Prize: There are three (3) Third Prizes available to be won. Third Prize is one (1) Bartell Global - 17CUFT Power Buggy, model: D2H7Z1ZH.
The ARV of Third Prize is: $13,640.00 each. The total ARV of all Third Prizes is: $40,920.00.
Fourth Prize: There are three (3) Fourth Prizes available to be won. Fourth Prize is one (1) Bartell Global Reversible Compaction, model: BR3570H.
The ARV of Fourth Prize is: $7,015.00 each. The total ARV of all Fourth Prizes is: $21,045.00.
Fifth Prize: There are three (3) Fifth Prizes available to be won. Fifth Prize is one (1) Bartell Global Forward Compaction, model: BCF2150H.
The ARV of Fifth Prize is: $2,545.00 each. The total ARV of all Fifth Prizes is: $7,635.00.
Sixth Prize: There are four (4) Sixth Prizes available to be won. Sixth Prize is one (1) pallet of Techniseal HP NextGel polymeric sand.
The ARV of Sixth Prize is: $2,000.00 each. The total ARV of all Sixth Prizes is: $8,000.00.
Seventh Prize: There are four (4) Seventh Prizes available to be won. Seventh Prize is one (1) pallet of Techniseal NOCO polymeric sand.
The ARV of Seventh Prize is: $2,000.00 each. The total ARV of all Seventh Prizes is: $8,000.00.
The total ARV of all prizes available to be won: $250,149.00.
Odds of winning will depend upon the total number of eligible entries received.
RANDOM DRAWING: The winning Companies will be selected in a random drawing on or about Monday, October 11, 2021 from among all eligible entries received during the Sweepstakes Period by the Sweepstakes Administrator, an independent representative of the Sponsor whose decisions are final.
WINNER NOTIFICATION & VERIFICATION: Potential winning Company will be notified via email and/or phone at the email address or phone number associated with the Company’s Oldcastle APG account, or as provided if such Company entered via the Mail-In Entry, and the owner or authorized agent of the Company (the “Prize Winner”) will be required to sign and return, within five (5) days of notification, an Affidavit of Eligibility, a Liability Waiver, an IRS W-9 Form and where allowable, a Publicity Release (collectively, "the Releases"). The Releases will require the Prize Winner to furnish his/her Social Security Number, or if Company will accept prize Owner may provide a business taxpayer ID number, for the sole purpose of tax reporting, as required by law. Potential Prize Winner may be required to show proof of Company ownership or authorization from Company owner to Sponsor’s satisfaction. Noncompliance will result in disqualification and an alternate winner may be selected. The prize package will be awarded within approximately 45 days after the winner is verified.
PRIZE CONDITIONS: If a prize notification or prize is returned as undeliverable, or if a winner is found to be ineligible or not in compliance with these rules that winner will be disqualified, and the prize may be awarded to an alternate winner in a separate random drawing. Only two (2) alternate winners may be determined through this process, after which the prize will remain un-awarded. Prizes are not redeemable for cash. Prizes are not assignable nor transferable. No substitution is permitted except if prize is unavailable, in which case a prize of equal or greater value will be awarded. No cash in lieu of prizes and no exchange or substitution of prizes, except at the sole discretion of the Sponsor. Any other incidental expenses on prize not specified herein are the winner’s sole responsibility.
Winners are responsible for all federal, state, local and income taxes associated with winning prize.
Winners will be required to furnish his/her Social Security Number or business taxpayer ID number for the sole purpose of preparation of tax forms as required by law. Except where prohibited by law, entry and acceptance of prize constitute permission to use winner's name, prize won, hometown, likeness, video tape, photographs, and statements for purposes of advertising, promotion and publicity (including online posting) in any and all media now or hereafter known throughout the world in perpetuity, without additional compensation, notification or permission.
Prizes are awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. Winners acknowledge that the Sponsor and all other businesses affiliated with this Sweepstakes and their agents do not make, nor are in any manner responsible for any warranty, representations, expressed or implied, in fact or in law, relative the quality, conditions, fitness or merchantability of any aspect of the prize being offered, except that each merchandise prize shall be subject to its manufacturer’s standard warranty (if any).
GENERAL: Participating entrants agree to these Official Rules and the decisions of the Sponsor and the Sweepstakes Administrator, and release the Sponsor, the Sweepstakes Administrator, and their affiliated companies, and all other businesses involved in this Sweepstakes, as well as the employees, officers, directors and agents of each (the “Released Parties”), from all claims and liability relating to their participation in the promotion, and the acceptance and use/misuse of the prize offered. Participating entrants assume all liability for and Released Parties shall be held harmless against any liability for any injury, losses or damages of any kind to persons, including personal injury or death, or injury to property caused or claimed to be caused in whole or in part, directly or indirectly, by participation in this Sweepstakes, acceptance, possession, or use/misuse of the prize, or any claims based on publicity rights, defamation or invasion of privacy, or merchandise delivery. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Sweepstakes or in the announcement of the prize.
In the event of a dispute over the identity of an entrant, entry will be deemed submitted by the "Authorized Account Holder" of the e-mail address submitted at time of entry. Authorized Account Holder means the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Sponsor may ask any entrant or potential winner to provide Sponsor with proof, to Sponsor’s satisfaction, that such party is the authorized account holder of the email address associated with the entry. Entry materials/data that have been tampered with or altered, or mass entries or entries generated by a script, macro or use of automated devices are void. The Released Parties are not responsible for: (i) lost, late, misdirected, damaged or illegible entries; or (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; or (iii) any injury or damage to entrant's or any other person's computer related to or resulting from participating in the Sweepstakes. By participating in the Sweepstakes, you (i) agree to be bound by these official rules, including all eligibility
requirements, and (ii) agree to be bound by the decisions of Sponsor and the Sweepstakes Administrator, which are final and binding in all matters relating to the Sweepstakes. Failure to comply with these official rules may result in disqualification from the Sweepstakes.
Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor. If, for any reason, the Sweepstakes cannot be run as planned, Sponsor may disqualify any suspect entries or individuals from the Sweepstakes and any sweepstakes it sponsors and (a) suspend the Sweepstakes and modify the Sweepstakes to address the impairment, then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; and/or (b) award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment.
THE RELEASED PARTIES ARE NOT RESPONSIBLE IF THIS SWEEPSTAKES CANNOT BE ADMINISTERED OR CONDUCTED OR ANY PRIZE CANNOT BE AWARDED DUE TO CANCELLATIONS, DELAYS, OR INTERRUPTIONS RESULTING OR ARISING FROM ACTS OF GOD, WAR, OR TERRORISM, CIVIL UNREST, STRIKES, SUPPLY SHORTAGES, NATURAL DISASTERS, WEATHER, EPIDEMICS, COMPLIANCE WITH ANY LAW OR ORDER OF A GOVERNMENTAL AUTHORITY, OR ANY OTHER SIMILAR ACT, EVENT, OR OCCURRENCE BEYOND THE REASONABLE CONTROL OF THE SPONSOR. BY PARTICIPATING IN THIS SWEEPSTAKES, PARTICIPANT AGREES THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SUCH SITE, AS APPLICABLE. FURTHER, SPONSOR SHALL NOT BE RESPONSIBLE FOR ANY CANCELLATIONS, DELAYS, DIVERSIONS, CHANGES IN SERVICE OR ACCOMMODATIONS OR SUBSTITUTIONS, OR FOR ANY ACTS OR OMISSIONS BY ANY THIRD PARTIES BEYOND ITS REASONABLE CONTROL, INCLUDING AIR CARRIER(S) AND OTHER TRANSPORTATION COMPANIES; LODGING, RESTAURANT OR OTHER HOSPITALITY PROVIDERS; ENTERTAINMENT PROVIDERS, VENUES OR ARTISTS; OR OTHER THIRD PARTY PROVIDERS SUPPLYING ANY SERVICES OR COMPONENTS OF THE PRIZE(S) TO WINNERS AND/OR THEIR GUESTS, OR FOR ANY RESULTING INJURIES, INCLUDING MONEY DAMAGES, COSTS AND EXPENSES, PROPERTY DAMAGES, PERSONAL INJURIES OR DEATH RESULTING THEREFROM.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS WEB SITE OR INTERFERE WITH THE OPERATION OF THE SWEEPSTAKES, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
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 Georgia, 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.
DISPUTES: The parties hereto each agree to finally settle all disputes only through arbitration; provided, however, the Released Parties shall be entitled to seek injunctive or equitable relief in the state and federal courts in Fulton County, Georgia 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 Fulton County, Georgia. 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 Fulton County, Georgia. 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.
OFFICIAL RULES REQUEST: To request a copy of the Official Rules, see www.siteone.com/BelgardSweeps or send a self-addressed, stamped envelope by October 11, 2021, to: The Oldcastle APG Belgard SiteOne 20th Anniversary Sweepstakes Official Rules Request, PO Box 654, Social Circle, GA 30025-0654.
WINNER CONFIRMATION REQUEST: For a written confirmation of the winner (available after October 11, 2021), send a stamped, self-addressed envelope (no later than November 8, 2021), to: The Oldcastle APG Belgard SiteOne 20th Anniversary Sweepstakes Winner Confirmation Request, PO Box 654, Social Circle, GA 30025-0654.
SPONSOR: Oldcastle APG, Inc., 400 Perimeter Center Terrace, Atlanta, GA 30346. Void in Alaska, Hawaii, Puerto Rico, Guam, the U.S. Virgin Islands, outside the U.S. and where prohibited by law.