NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE. A purchase will not increase your chances of winning.
EACH WINNER MAY BE REQUIRED TO PARTICIPATE IN THE PRIZE FULFILLMENT PROCESS, INCLUDING RESPONDING AND SIGNING DOCUMENTATION, SUCH AS A RELEASE, WITHIN THE TIME FRAME SPECIFIED BY SPONSOR (DEFINED BELOW).
BY ENTERING THE PROMOTION YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
1. HOW TO ENTER. Cattle Trader Center’s “Monday Market Sentiment” Weekly Contests (each, a “Contest” and, collectively, the “Promotion”) begin on July 5, 2011 at 12:01:00 a.m. Central Time (“CT”) and end on December 18, 2013 at 11:59:59 p.m. CT (the “Promotion Period”). The Promotion Period will be divided into a series of “Contest Weeks,” each of which will begin on 12:01:00 p.m. CT on Monday and end at 11:59 p.m. the same day. A separate Contest, with a separate winner, will be held each Contest Week during the Promotion Period. All times are Central Time. To enter a Contest, during an Entry Period, e-mail your projection, in U.S. dollars (your “Entry”), for the final 5-Area weekly average fed-cattle (Live FOB steers and heifers combined) cash-market price per hundred-weight to email@example.com (the “Entry E-mail Address”), with “Monday Market Sentiment” in the subject line. All Entries become property of Vance Publishing Corporation, Inc. (“Sponsor and will not be acknowledged or returned. Entries that are forged, incomplete, lost, late, misdirected, mutilated, illegitimate, garbled, illegible or altered or generated by a macro, bot, or other automated means will not be accepted and will be void. Limit one (1) Entry per person and e-mail address for each Contest. Once you have sent your Entry, you may not alter or amend your Entry or enter that Week’s Contest again. All Entries must be received by Sponsor during the applicable Entry Period and no later than 4:00:00 p.m. CT on the Monday of the Contest Week to be eligible to win the Contest for that Contest Week. For purposes of this Promotion, an entry is “received” when the inbox associated with the Entry E-mail Address actually receives the Entry. Proof of sending (such as, without limitation, a copy of an e-mail from a “Sent” items folder or similar) does not constitute proof of actual receipt of an entry for purposes of this Promotion. Those who do not provide the required information in their entry form or abide by these Official Rules and other instructions of Sponsor will be disqualified. The inbox associated with the Entry E-mail Address will be the official timekeeper for the Promotion. Entrants’ names and their Entry may be published or reported on the Sponsor’s web site (available at URL www.cattletradercenter.com). As a condition of entering the Promotion, 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 Promotion and complying with applicable laws, regulations and rules. Any attempt made to submit entries in excess of any limit or otherwise in violation of these Official Rules by using multiple or false contact information or otherwise may be disqualified.
2. ELIGIBILITY: The Promotion is limited to individual, verifiable members of the United States commercial beef industry that own, manage, or have primary and direct responsibility for a professional cattle feeding operation with the capacity to feed in excess of 1,000 head of cattle; and who are legal residents of any one of the fifty (50) United States or the District of Columbia, at least the age of majority in their jurisdiction of primary residence on date of entry. Employees and agents of Sponsor divisions, subsidiaries and affiliated companies, advertising, promotion and public relations agencies (collectively, the “Promotion Entities”), and relatives of and those living in the same household as such individuals are not eligible to enter or win. For the purpose of this Promotion, relatives are defined as spouse, partner, mother, father, legal guardian, in-laws, grandmother, grandfather, brother, sister, children and grandchildren. All federal, state and local laws and regulations apply. This Contest is void in all U.S. territories (including Puerto Rico), possessions and overseas military installations and where prohibited by law.
3.SELECTION OF WINNERS: All Entries in each Contest will be compared to the actual final weekly average fed-cattle cash-market price per hundred-weight (the “Actual Market Price”) for the relevant Contest Week. The Actual Market Price will be calculated by Sponsor using the figures available in the USDA Market News Service’s “5 Area Weekly Weighted Average Direct Slaughter Cattle” report on the next Monday following the Contest Week of entry, available at URL http://www.ams.usda.gov/mnreports/lm_ct100.txt. For each Contest, the Entry that comes closest to the Actual Market Price for that Contest Week will be the winning Entry. In the event of a tie between entrants in any of the first three Contests during the Promotion Period (i.e., for Contest Weeks ending July 5, 2011, July 24, 2011 and July 31, 2011)), all tied entrants will win. Thereafter, in the event of a tie in any Contest, the judges will look back and compare the tied entrants’ Entries from the immediately preceding Contest. The tied entrant whose Entry in the immediately preceding Contest was closer to the relevant Actual Market Price for that immediately preceding Contest will be the winner. In the event of a second tie or third tie, the judges will follow a similar procedure but look back two or three weeks, respectively, to compare Entries. In the event of a tie between two or more entrants, none of whom have previously entered any Contest, all such tied entrants will win. If, for any reason, the USDA Market News Service delays issuance of, or fails to issue the “5 Area Weekly Weighted Average Direct Slaughter Cattle” report on the Monday following any Contest Week, Sponsor reserves the right, in its sole discretion, to cancel, delay or otherwise modify the affected Contest, without prior notice to entrants. Actual Market Price and all other figures and calculations will be determined in Sponsor’s sole discretion, are subject to verification by Sponsor and are final, binding and non-appealable. Each potential winner will be notified that he/she may have won a prize in the Promotion by e-mail (in Sponsor’s sole discretion), usually on the Monday immediately following the Contest Week of entry. Each potential winner may be required (in Sponsor’s sole discretion) to complete, sign, have notarized (if applicable) and return an affidavit of eligibility and liability/publicity release (unless prohibited by law), all of 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 or returned as undeliverable or if a potential winner does not respond according to the notification’s or Sponsor’s instructions or cannot be reached after a reasonable attempt has been made by Sponsor (as determined by Sponsor in its sole discretion), such potential winner may be disqualified and an alternate winner may be selected according to the criteria detailed in this Section 3. Sponsor reserves the right to modify the notification procedures in connection with the selection of any alternate winner, if any.
4. PRIZES: One (1) winner per Contest will win the following “Weekly Prize”: one (1) gift certificate to Cabela’s in the amount of $100 U.S. ARV of each Weekly Prize: $100.Except in the event of certain ties as identified in Paragraph 3 above, if legitimately claimed, one Weekly Prize will be awarded per Contest. Total ARV of all Prizes in the Promotion: $2000. 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. All federal, state and local taxes, as well as any expenses not specified in these Official Rules, are the sole responsibility of each winner. 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 of equal of greater value for any reason whatsoever, including without limitation due to prize unavailability. No more than the stated prize will be awarded. Winner is strictly prohibited from selling, auctioning, trading or otherwise transferring any part of the prize. Cabela’s gift certificates may be awarded in the form of a paper gift certificate, gift card, or an electronic redemption code, in Sponsor’s sole discretion. Cabela’s gift certificates are subject to their terms and conditions. Sponsor is not responsible for and winner will not receive the difference, if any, between the actual value of the prize at the time of award and the stated ARV in these Official Rules or in any Promotion-related correspondence or materials. Prizes will only be mailed to each verified winner’s physical mailing address (no P.O. Boxes) in one (1) of the fifty (50) United States or the District of Columbia, except in Sponsor’s sole discretion. Each winner is solely responsible for complying with all requirements of prize delivery, including, without limitation, delivery signature, if applicable. Prizes will be delivered to each winner within approximately thirty (30) days of winner verification by Sponsor. Additional prize details not specified in these Official Rules will be determined in Sponsor’s sole discretion. Sponsor will not replace any lost, mutilated or stolen prize or any prize that is undeliverable or does not reach the winner because of an incorrect or changed address or other contact information. If winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited and Sponsor will have no further obligation with respect to that prize or portion of the prize.
5. LIMITATION OF LIABILITY: EACH ENTRANT agreeS TO RELEASE, HOLD HARMLESS AND INDEMNIFY THE PROMOTION ENTITIES 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 THE 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. Further, THE RELEASED PARTIES ARE NOT RESPONSIBLE IN ANY WAY for any additional expenses, omissions, delays, or re-routing resulting from any acts of any government or authority.
6. ADDITIONAL DISCLAIMERS: Released Parties are not responsible and/or liable for any of the following, whether caused by a Released Party, the entrant, or by human error: entries that are submitted by illegitimate means (such as, without limitation, by an automated computer program) or entries in excess of the stated limit; any lost, late, incomplete, illegible, mutilated or misdirected Entries, e-mail, Promotion-related correspondence or postage-due mail; any virus, error, omission, interruption, defect or delay in transmission or communication; 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. Released 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 e-mail account to receive e-mail messages. Released Parties are not responsible, and may disqualify an entrant, if his or her e-mail address or other contact information does not work or is changed without entrant giving prior written notice to Sponsor. Without limiting any other provision in these Official Rules, Released Parties are not responsible or liable to any entrant or winner or any person claiming through such entrant or winner for failure to supply the prize or any part thereof in the event that any of the Promotion activities or the Released Parties’ operations or activities are affected, as determined by the Sponsor in its sole discretion, including, without limitation, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any law, rule, regulation, order or other action adopted or taken by any governmental, federal, state or local government authority, or any other cause, whether or not specifically mentioned above.
7. GENERAL RULES: By entering any one of the Contests (except where prohibited by law), each entrant grants Sponsor the irrevocable, sublicensable, absolute right and permission to use, publish, post or display his or her name, photograph, likeness, voice, prize information, biographical information, any quotes attributable to him or her and any other indicia of persona (regardless of whether altered, changed, modified, edited, used alone, or used with other material in the Promotion Entities’ sole discretion) for advertising, trade, promotional and publicity purposes without further obligation or compensation of any kind to him or her, anywhere, in any medium now known or hereafter discovered or devised (including, without limitation, on the Internet), world-wide, without any limitation of time and without notice, review or approval and each entrant releases all Released Parties from any and all liability related thereto. Nothing contained in these Official Rules obligates Sponsor to make use of any of the rights granted herein and winner waives any right to inspect or approve any such use. 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 restrict or void online entries or participation from any IP address if any suspicious entry and/or participation is detected. 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 Entries of any entrants who Sponsor believes have attempted to tamper with or impair the administration, security, fairness or proper play of this Promotion. If Sponsor determines at any time in its sole discretion that the winner or potential winner is disqualified, ineligible, in violation of these Official Rules, or engaging in behavior that Sponsor deems obnoxious, inappropriate, threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to disqualify that winner or potential winner, even if the disqualified winner or potential winner may have been notified or displayed or announced anywhere. If during the Promotion Period, the Promotion is not capable of running as planned for any reason, 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. 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. Potential winner may be required to provide Sponsor with proof that he/she is the authorized account holder of the e-mail address associated with the potentially winning entry. If a dispute cannot be resolved to Sponsor’s satisfaction, the entry will be deemed ineligible. Entries made by anyone other than the entrant and/or originating at any web site other than the Sponsor Site, including, without limitation, commercial Promotion 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.
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 TEN HUNDRED FIFTY DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES 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 TEN DOLLARS ($10.00), 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.
9.WINNER’S LIST/OFFICIAL RULES REQUESTS. For a copy of these Official Rules or a list of winners (to date) for the Promotion, send a legal-size, self-addressed, stamped envelope, indicating your request to: Cattle Trader Center’s “Monday Market Sentiment” Weekly Contests, Official Rules [Winner’s List] Request, c/o Vance Publishing Corporation, 10901 W. 84th Terrace, Lenexa, KS 66214, Attn: Matt Morgan. 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.
10.SPONSOR. Vance Publishing Corporation, Inc., 400 Knightsbridge Pkway, Lincolnshire, IL 60069.