Official Sweepstakes

The Road to Pocono with Hitachi Wheel Loaders

“IF YOUR WHEELS WERE A HITACHI WHEEL LOADER, WHERE WOULD YOU DRIVE?”

Answer this question for a chance to win an all-expense paid trip¹ to the 2018 ABC Supply 500 and race events in the Poconos²

#WeRHitachiLoaders

REPUTATIONS ARE BUILT ON IT

 

HITACHI SWEEPSTAKES OFFICIAL RULES

NO PURCHASE NECESSARY A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. ONLINE ENTRY ONLY. INTERNET ACCESS AND VALID EMAIL ADDRESS REQUIRED. VOID WHERE PROHIBITED BY LAW.

1. ELIGIBILITY: This Sweepstakes is open only to legal residents of the 48 Contiguous United States and the District of Columbia who are at least 18 years old at the time of entry. Officers, directors, employees, dealers, distributors, representatives and agents of Hitachi Construction Machinery Loaders America Inc. (“Sponsor” or “HCMA”) Hitachi Group Companies in North America, or Marketing Strategies & Solutions (“Administrator”) and each of their parent companies, affiliates, subsidiaries, suppliers, advertising, promotion and internet agencies and each of their immediate family members and/or those living in the same household of each (collectively, the “Sweepstakes Entities”) are not eligible. All federal, state and local laws and regulations apply. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.

2. HERE’S HOW IT WORKS: The Hitachi Sweepstakes begins 12:00:00 AM ET on May 1, 2018 and ends at 11:59:59 PM ET on July 15, 2018 (the “Promotion Period”). (Sponsor’s computer is the official time keeping device for the Promotion Period.) There will be one prize (“Grand Prize”) available. There is a limit of one (1) Entry per person/email address. Entries received outside of the stated limitation will be void. Subsequent attempts made by the same individual to submit multiple entries by using multiple or false contact information or otherwise may be disqualified. Entrants will be required to submit a valid email address, their name, occupation/title and state of residence on the entry form (“Submission”). All eligible Submissions received will be entered into the Grand Prize drawing.

3. HERE’S HOW TO ENTER: There is no purchase necessary to participate in the Sweepstakes. A purchase does not increase an entrant’s chances of winning. During the Promotion Period, visit www.HitachiSweepstakes.com (“the Page”) and follow the on-screen instructions to fill in the entry form for the Sweepstakes. To have a valid Submission, you must complete the entry form and click "submit" to enter the Sweepstakes. Only Submissions received during the Promotion Period will be eligible for the prize drawing.

4. RANDOM DRAWING: One (1) winner will be randomly selected on or about July 18, 2018 from among all eligible Submissions received during the Promotion Period. The random drawing will be conducted by Administrator whose decisions are final. Odds of winning in the drawing will depend upon the number of eligible Submissions received within the Promotion Period. The winner will be notified shortly thereafter.

5. RELEASE: All entrants and winners agree to release, discharge and hold harmless Sweepstakes Entities from and against any and all liability, but not limited to, personal injury, death, or damage to or loss of property (including damages caused or claimed to be caused) arising out of participation and/or acceptance, misuse or use of any of the prizes and/or ownership of any of the prizes. All entrants agree to be bound by the Official Rules and the Administrator’s decisions, which are final. Except where prohibited, acceptance of any prize constitutes consent for the Sponsor, its affiliates and/or its agents to use winner’s name and/or likeness (including a winner’s list and use of winner’s photograph, voice, opinions and/or hometown and state) for purposes of advertising, marketing and promotions (worldwide in any media) without further compensation.

6. GRAND PRIZE & APPROXIMATE RETAIL VALUE: One (1) Grand Prize: A 3-day/2-night trip for two (winner and one guest) to Pocono Raceway, PA (August 17,18,19, 2018) to attend the ABC Supply 500 and race events. Guest must be of legal age of majority in his/her jurisdiction of residence (and at least 18) unless child or legal ward of respective winner. Grand Prize includes round-trip coach air transportation, via Sponsor’s selected air carrier, from the major airport that is the closest to the winner’s home to the Wilkes-Barre/Scranton International Airport, PA, hotel accommodations (one room/double occupancy), ground transportation to/from the airport and the applicable hotel, two (2) grandstand tickets to the race and track pit pass for winner and guest (ARV: $7,000; there is no retail value associated with track events, which includes the track pit pass). Winner and guest will be accompanied to race and race events by a HCMA representative and local HCMA dealer host. If the Grand Prize winner lives within a 100-mile radius of Long Pond, PA, winner will receive a $200 travel stipend in lieu of air transportation. Winner and guest are solely responsible for all other expenses not specifically set forth herein, including but not limited to meals, additional transportation, souvenirs, upgraded room accommodations, other incidentals, items of a personal nature, gratuities, in-room charges, travel expenses, taxes, bag check fees, or any other item or expense not specifically described in these Official Rules, and all additional expenses, if any, are the sole responsibility of the Grand Prize winner. Sponsor is not responsible for lost, mutilated or stolen travel documents and pit pass. Actual retail value of the trip will depend on winner's point of departure/return. The difference in value as stated herein and value at time of Grand Prize notification, if any, will not be awarded in cash or otherwise. Winner and guest must travel on same itinerary. Any Sponsor approved changes to confirmed travel itinerary, made at winner's request, may result in rebooking fees which will be the sole responsibility of winner. All travel arrangements must be made through the Sponsor or Sponsor’s designee. Certain restrictions and blackout dates may apply. Grand Prize winner and guest are also 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. The winner of the Grand Prize may be required to provide a credit card at the time of hotel check-in. Airline tickets are non-refundable/non-transferable and are not valid for upgrades and/or frequent flyer miles. All airline tickets are subject to flight variation, work stoppages, and schedule or route changes. Sweepstakes Entities are not liable for any expenses as a consequence of flight cancellation/delay. Trip must be taken on dates and times designated by Sponsor or prize will be forfeited in its entirety and may be awarded to an alternate winner for the drawing at issue. Sponsor reserves the right to change dates. Sponsor reserve the right to structure travel route and select hotels in its sole and absolute discretion. The round-trip air transportation element for the Grand Prize begins and ends at the point of departure. Winner and guest must comply with race track rules and regulations. Failure to do so may result in forfeiture of applicable prize element. Exact seat locations at race to be determined by Sponsor in its sole discretion. All prize details are at Sponsor’s sole discretion. Once a guest is selected, guest may not be substituted, except in Sponsor’s sole and absolute discretion. Sponsor is not responsible for postponement or cancellation of the tour of garage and pit or issues arising from race track venue operation and management. Sweepstakes Entities shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels, venue operators, transportation companies, prize providers or any other persons providing any prize-related services or accommodations. Sweepstakes Entities are 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. In the event the race or related race events are cancelled or postponed for any reason, Sponsor will have no obligation to award compensation in lieu thereof or substitution of another prize but the remainder of the trip will be awarded. Grand Prize winner will receive a 1099 Form in January 2019.

7. GENERAL RULES: Administrator will notify the potential Grand Prize winner by email to request his/her complete mailing address. If a winner does not provide requested information by the date specified within the email, he/she may be disqualified and alternate winner may be selected, time permitting. Potential Grand Prize winner will be required to complete and return an Affidavit of Eligibility, Release of Liability, Prize Acceptance Form and, if legally permissible, a Publicity Release within 3 days (including Saturday, Sundays and Holidays) of attempted delivery of notice from Administrator. Noncompliance within this time period or return of any prize notification as undeliverable will result in disqualification without further notice and an alternate winner may be selected, time permitting. Guest must also complete and return a Release of Liability within 3 days (including Saturdays, Sundays and Holidays) of attempted notification by Administrator. All travelers must possess required travel documents (e.g., valid photo ID) prior to departure. All travelers must agree to depart and return on dates specified by the Sponsor; dates of departure and return are subject to change. Grand Prize consists of only the items specifically listed as part of the prize. No substitution or transfer of prize by winner permitted. Sponsor reserves the right to substitute prize of equal or greater value. All applicable taxes and fees are the sole responsibility of winner. In no event will more than the stated number of prizes be awarded. If an entrant submits more than one Submission for the Promotion Period, and/or if the Sponsor suspects that an entrant attempted to obtain more than one Submission for the Promotion Period by using multiple email addresses, registrations, identities or any other method, all Submissions submitted by the entrant may be declared null and void. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes materials and the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control. All Submissions become the sole property of Sponsor and will not be returned. 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 prizes. The information you provide will be used for the purposes of Sweepstakes administration. See Sponsor’s Privacy Policy at www.hitachicm.us . Submissions must comply with all applicable federal, state and local laws, rules and regulations including, but not limited to, those concerning defamation and invasion of privacy, and must not infringe on the copyrights or trademarks of another party, as determined by Sponsor. If an Entrant’s Submission includes material or an element that is deemed unsuitable for public presentation (e.g., contains personally identifiable information (other than what is required in the entry form), gratuitous violence, inappropriate language, hate speech, is inconsistent with the theme or image of the Sweepstakes, etc.), Sponsor reserves the right, in its sole discretion, to disqualify the Submission.

NOTICE TO ENTRANTS: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor is not responsible for faulty, incorrect, undeliverable or mistranscribed phone/e-mail/DM transmissions, incorrect announcements of any kind, technical hardware or software failures of any kind including any injury or damage to any person's computer related to or resulting from participating in the promotion, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmission that may limit a user's ability to participate in the promotion. Sponsor reserves the right to cancel or modify the promotion if fraud, misconduct or technical failures destroy the integrity of the program; or if a computer virus, bug, or other technical problem corrupts the administration or security of the program as determined by Sponsor/Administrator, in their sole discretion. In the event of termination, a notice will be posted online and the random drawing for all remaining prizes will be conducted from among all eligible Submissions received prior to termination. In the event of a dispute as to any registration, the authorized account holder of the email address used to register will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each potential winner may be required to show proof of being an authorized account holder. Any damage made to any of the Web Sites associated with the Sweepstakes by an entrant will be the responsibility of the entrant and/or the authorized e-mail account holder of the e-mail address submitted at the time of entry. Proof of submitting entries will not be deemed to be proof of receipt by Sponsor. Any Submissions which are suspected of being fraudulent (including those using robotic, automatic, programmed or similar methods of participation) will be disqualified, based on determinations made solely by Sponsor. Sponsor reserves the right to prohibit the participation of an individual if fraud or tampering is suspected or if the account holder fails to comply with any requirement of participation as stated herein or with any provision in these Official Rules.

8. Disputes: This Sweepstakes is governed by the internal laws of the State of Georgia. Any and all legal actions or claims arising in connection with this Sweepstakes must be brought exclusively in a federal or state court of competent jurisdiction located in the State of Georgia. Entrants/Winners submit to the sole and exclusive personal jurisdiction to the said courts in the State of Georgia for any such dispute and irrevocably waive any and all rights to object to such jurisdiction. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant, the Sponsor or the Administrator in connection with the Sweepstakes shall be governed by, and construed in accordance with, the laws of the State of Georgia, without giving effect to any choice of law or conflict of law rules thereof. Claims may not be resolved through any form of class action. Any and all claims, judgments, and award shall be limited to actual out of pocket costs incurred, including costs associated with entering the Sweepstakes but in no event attorneys’ fees; and under no circumstances will entrants or winners be permitted to obtain awards for, and entrants and winners hereby waive all rights to claim, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO ENTRANT.

9. WINNERS: For the names of the winners, available the later of after the confirmation of winner is completed or from August 18, 2018 to September 8, 2018, visit www.HitachiSweepstakes.com

10. SPONSOR: Hitachi Construction Machinery Loaders America Inc., 2140 Barrett Park Drive, Suite 101. Kennesaw, Georgia 30144.

11. ENTRANT’S PERSONAL INFORMATION: Personal information collected from Entrants are subject to Sponsor’s Privacy Policy www.hitachicm.us.

12. ADMINISTRATOR: Marketing Strategies & Solutions, 433 William Street London, Ontario Canada N6B 3E1.