OFFICIAL RULES
1.
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
2.
PROMOTION ENTRY PERIOD: The “Get Tough And Win Tough Stuff” Giveaway (“Giveaway”) is a trade promotion which begins on February 1, 2008 and ends on April 30, 2008 at close of the business day (“Entry Period”).
3.
CONDITIONS OF ENTRY: By participating in the Giveaway, entrants (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 independent judging organization, which are final and binding in all matters. This Giveaway is open to legal residents of the 50 United States and the District of Columbia, who are professional users of ECHO equipment i.e., professional landscapers, arborists, grounds maintenance and tree care service company specialists (“Professional ECHO Users”), who are 18 years of age and older at time of entry, except where prohibited or restricted by law. Employees of the Sponsor, its parent, subsidiaries, affiliates, advertising and promotion agencies, dealers, distributors, and any other person involved with this promotion, and members of their immediate families and, or household (spouses, parents, children, siblings, grandparents), and those with whom such individual is domiciled, are not eligible to enter or win. "Household member" shall mean people who share the same residence at least 3 months a year (whether related or not). Sponsor and its independent judging organization reserves the right to verify eligibility qualifications of any entrant and winner. Failure to comply with these Official Rules may result in disqualification from the Giveaway. This giveaway is subject to all applicable federal, state and local laws and regulations. Void where prohibited by law. Giveaway governed by U.S. law.
4.
HOW TO ENTER: There are two possible ways to enter the “Get Tough And Win Tough Stuff” Spring Giveaway.. Method #1: (“Automatic entry”): Professional ECHO Users will be eligible to receive one entry for each qualified purchase made during the Entry Period of any ECHO product with an MSRP of $299.00 or more. All purchases made through a participating ECHO dealership shall be entered by the dealer into the ECHO Electronic Product Registration System, accessible via the company’s technical support web site. Registrations made through ECHO’s public web site by the dealer or the purchaser or submitted via paper product registration cards will not be honored as official Giveaway entries. Method #2 (“Mail In entry”): Professional ECHO Users may enter on a 3” x 5” piece of paper by submitting the following Professional ECHO User information (as applicable): (1) name, (2) occupation i.e., landscaper, arborist, grounds maintenance or tree care service company specialist, (3) full address, (4) daytime phone number, (5) company name, (6) company address, (7) company phone number, (8) ECHO dealer name, (9) ECHO dealership address, and mailing it in a business size envelope (#10) to: ECHO “Get Tough And Win Tough Stuff”, P.O. Box 9230, Medford, NY 11730-9230. Mailed entries must be postmarked during the Entry Period, and be received by May 7, 2008. Only one mail-in entry per envelope. Entries must be completed in full to be valid. Entries that have been tampered with or altered are void. All entries become the property of Sponsor and will not be acknowledged or returned.
5.
PRIZES AND APPROXIMATE RETAIL VALUES (“ARV”): For the grand and first prizes only, there will be an equivalent and matching dealer prize component based on the winning Professional ECHO User entries selected and verified as winner. PROFESSIONAL ECHO USER PRIZES: ONE (1) GRAND PRIZE: 2008 Ford F150 pickup 4x2 truck, Harley-Davidson® Special Edition (color, trim level, options and equipment of the truck to be specified by Sponsor at its sole discretion and are subject to availability) (ARV: $36,500.00); TWO (2) FIRST PRIZES: Yamaha Grizzly 700 All Terrain Vehicle (ATV), Ducks Unlimited Edition (ARV: $8,699.00 each); THREE (3) SECOND PRIZES: Winners’ choice of ECHO products up to a $3,000 maximum MSRP value (ARV: $3,000 each); ONE-HUNDRED (100) THIRD PRIZES: ECHO BP-755 Backpack Blower (ARV: $499.99 each); TWO-HUNDRED FIFTY (250) FOURTH PRIZES: ECHO SRM-280T Trimmer (ARV: $379.99 each); FIVE-HUNDRED (500) FIFTH PRIZES: ECHO U-turn™ Trimmer Head (ARV: $26.99 each). Total maximum value of all Professional ECHO User prizes to be awarded: $221,389.50. ECHO DEALER (MATCHING) PRIZES: ONE (1) GRAND PRIZE: 2008 Ford F150 pickup 4x4 truck, Harley-Davidson® Special Edition (ARV: $36,500.00); TWO (2) FIRST PRIZES: Yamaha Grizzly 700 ATV Ducks Unlimited Edition (ARV: $8,699.00 each). Total maximum value of all dealer prizes to be awarded: $53,898.00. To view prizes visit: www.ECHO.com/gettough. Limit one prize per person or address. Prize is not transferable, and no substitution by winners or cash equivalent is allowed. Sponsor reserves the right to substitute prize for one of equal or greater value at its sole discretion. All federal, state, local and other taxes, costs and expenses relating to the use, acceptance and possession of the prize are the sole responsibility of the winners. Winners of Grand Prize and First Prize will be solely responsible for costs associated with registration, title, license, taxes, insurance fees and must have a valid driver’s license, valid social security number, and provide proof of insurance (which must be in good standing in winner’s state of residence) prior to the awarding of the vehicle, and must take delivery of the awarded vehicle as specified by Sponsor, or prize may be forfeited and awarded to an alternate winner. All prizes will be awarded.
6.
ODDS: Odds of winning depend upon the number of eligible entries received during the Entry Period. This Giveaway is being advertised as follows: (1) within trade magazines targeted toward commercial users of landscaping equipment; (2) within trade magazines targeted toward commercial dealers of landscaping equipment; (3) by e-mail promotions to registered ECHO dealerships; (4) by e-mail promotions to professional users of outdoor power equipment who have opted to receive commercial e-mails; and (5) on the ECHO website.
7.
WINNER SELECTION: A random drawing will be conducted on or about May 30, 2008 under the supervision of Ventura Associates, Inc., an independent judging organization, from among all eligible entries received, whose decisions are final and binding on all matters relating to this Giveaway. Drawings for Grand and First prizes will determine the winning dealers for equivalent/matching prizes based on the name of the dealer that is registered with the warranty product purchase or listed on mail in entry.
8.
LIMITATIONS: Entrant has the responsibility to review and understand his/her employer’s policies and applicable laws regarding entrants’ eligibility to participate in and/or accept any prize in trade promotion. If an individual is participating and is in violation of such laws or his/her employer’s policies, the individual may be disqualified from this Giveaway and ineligible to receive prize. Sponsor disclaims any and all liability or responsibility for disputes related to this matter. In the event that a Professional ECHO User is not able or eligible to accept a prize then that entry will be void in its entirety and an alternate entry will be randomly drawn.
9.
WINNER NOTIFICATION AND VERIFICATION: Potential winners will be notified by mail and/or telephone, and at the Sponsor’s sole discretion, winners may be required to sign and return a verification and/or Affidavit of Eligibility and Release of Liability (“Affidavit/Release”) and a Publicity Release (where acceptable by law) within fourteen (14) days of date printed on notification or potential winner will be disqualified and an alternate winner will be selected at random. If an Affidavit/Release or prize notification is returned as undeliverable, it will result in disqualification, and the corresponding prize will be awarded to an alternate winner in a separate random drawing. If a winner, otherwise eligible under these Official Rules, is deemed a minor in his or her state of primary residence, the prize will be awarded in the name of Winner’s parent or legal guardian who will be required to comply with the requirements to receive the prize and execute an Affidavit on minor’s behalf. Prizes will be awarded to winners approximately thirty (30) days after receipt of completed Affidavit/Release and winner verification.
10.
DISCLAIMER: Sponsor is not responsible for (i) any typographical or other error in the printing of the offer, administration of the Giveaway or in the announcement of any prize; (ii) lost, late, misdirected, damaged, illegible or postage due mail/entries; (iii) 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; (iv) any injury or damage to dealer’s, entrant’s or any other person’s computer related to or resulting from participating in the Giveaway. or (v) the failure of any dealer or other third party to comply with the instructions and proper administration of this Giveaway. Entrants agree that the Sponsor, its parent, affiliates, directors, officers, employees, and agents, and their agencies and employees shall not be liable for injury (including death), loss or damage of any kind caused or claimed to be caused, by participation in this Giveaway, or from the acceptance or use or redemption of any prize. In the event Sponsor is prevented from continuing with the Giveaway as contemplated herein by any event beyond its control, including but not limited to fire, flood, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal, state, or local government law, order, or regulation, or order of any court or other cause not within Sponsors’ control, Sponsors shall have the right to modify, suspend, extend or terminate the Giveaway.
11.
GENERAL / CAUTION / RELEASE OF SPONSOR: Sponsor reserves the right to: permanently disqualify from any Giveaway it sponsors or any person it believes has intentionally violated these Official Rules. If, in the judges’ opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of this Giveaway, or if technical difficulties or technical corruption (including a computer virus or system malfunction) compromise the integrity of the Giveaway, the judges reserve the right to terminate the Giveaway and, or select winners from among all eligible entries received prior to termination. Should the Giveaway be terminated prior to the stated expiration date, notice will be posted at www.echo-usa.com. Any attempt to deliberately damage the operation of this Giveaway is unlawful and subject to legal action by the Sponsor its agents. Judges’ decisions are final in all matters relating to this Giveaway. Entrants, on their behalf, and on behalf of their respective heirs, executors, administrators, legal representatives, successors and assigns (“Releasing Parties”), release, defend and hold harmless the Sponsor, its advertising and promotion agencies, Ford Motor Company, Yamaha Motor Corp. USA and their respective affiliated companies, and all other businesses involved in this Giveaway, as well as the employees, officers, directors and agents of each (“Released Parties”), from any and all actions, causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, lost profits, indirect or direct damages, consequential damages, incidental damages, punitive or exemplary damages, judgments, extent, executions, claims and demands whatsoever, in law, admiralty or equity, whether known or unknown, foreseen or unforeseen, against Released Parties which any one or more of the Releasing Parties ever had, now have or hereafter can, shall or may have which in any way arise out of or result from entrant’s participation, acceptance and use or misuse of any prize, including any travel related activities. Winners acknowledge that the Sponsor and all other businesses concerned with this Giveaway and their respective agents do not make, nor are in any manner are responsible for any warranty, representations, expressed or implied, in fact or in law, relative to the quality, conditions, fitness or merchantability of any aspect of prize except that the prize shall be subject to manufacturer’s stated warranty. Neither Sponsor nor its independent dealers and distributors assumes responsibility for third parties’ failure to act in accordance with Sponsor’s instructions pertaining to the implementation of the Giveaway or forwarding of entries.
12.
LAW / CONFLICTS. This Giveaway shall be governed by and interpreted under the laws of the State of New York, U.S.A., without regard to its conflicts of laws provisions. Entrants hereby agree that any and all disputes, claims, causes of action, or controversies (“Claims”) arising out of or in connection with this Giveaway shall be resolved, upon the election by entrant or Sponsor, by arbitration pursuant to this provision and the code of procedures of either the National Arbitration Forum (“NAF”) or the American Arbitration Association (“AAA”),as selected by the entrant. IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM. FURTHER, NEITHER SPONSOR NOR ENTRANT WILL HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR OTHER PERSONS SIMILARLY SITUATED, OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT ENTRANT WOULD HAVE IF ENTRANT WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. The arbitrator’s authority to resolve Claims is limited to Claims between Sponsor and entrant alone, and the arbitrator’s authority to make awards is limited to awards to Sponsor and entrant alone. Furthermore, claims brought by either party against the other may not be joined or consolidated in arbitration with Claims brought by or against any third party, unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision in these Official Rules, and without waiving either party’s right to appeal such decision, should any portion of this provision be deemed invalid or unenforceable, then the entire provision (other than this sentence) shall not apply.
13.
PRIVACY POLICY: By entering, entrants may be contacted by the Sponsor with future promotional offers. Information provided by you to participate in this Giveaway is subject to the Sponsor’s privacy policy located at www.ECHO-usa.com.
14.
OPT-OUT: If you would prefer not to receive future Giveaway mailings from us in the nature of a giveaway, please write to: ECHO. Inc., Giveaway Removal List, Marketing Dept., 400 Oakwood Rd., Lake Zurich, IL 60047-1564 or call ECHO Customer Service at 1-800-673-1558.
15.
WINNERS LIST: For a list of major winners, (available after August, 30, 2008, send a self-addressed, stamped envelope by May 30, 2008 to: ECHO/ Winners, c/o Ventura Associates, Dept.: CS, 1040 6th Avenue, New York, NY 10018.
16.
SPONSOR: ECHO INC., 400 Oakwood Road, Lake Zurich, IL 60046
