12 Days of Christmas Giveaway

12 DAYS OF CHRISTMAS GIVING

TERMS AND CONDITIONS

 

ELIGIBILITY: NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE CHANCES OF WINNING.

This Promotion is open to legal residents of the U.S., who are 18 years or older at the date of Promotion closing. Employees, officers, and directors of H.O. Penn Machinery Company, Inc. (H.O. Penn) and its affiliated companies (including immediate family members and members of the same household) are not eligible to participate. The drawing is subject to all applicable federal, state and local laws and regulations. Void where prohibited or restricted by law.

1) PROMOTION PERIOD: The Promotion Period begins at 12:00 a.m. ET on December 7th, 2023 and ends at noon ET on December 21, 2023 (“Promotion Period”).

2) HOW TO ENTER: Leave a comment and share our 12 Days of Christmas Giving social media posts. Comment will serve for entry into prize drawing for that day’s giveaway. Winner will be chosen at random from comments for each of the 12 Days of Christmas Giving. Last entries will be at noon ET on December 21st.  Limit one entry per person for each of the 12 Days of Christmas Giving. Entries generated by script, macro or other automated or mechanical means, or by any means which subvert the entry process are void. Entries received from any person or email address or household in excess of the limitations stated herein will be void. Neither H.O. Penn nor its agents accept correspondence or telephone inquiries regarding the status of entries or the administration of the Promotion. Incomplete, illegible, or fraudulent entries will be void.

3) WINNER SELECTION & PRIZE INFORMATION: Last entries will be at noon ET on December 21st. Winners will be announced Friday December 22nd. Neither H.O. Penn nor its agents accept correspondence or telephone inquiries regarding the status of winnings or the administration of the Promotion. Incomplete, illegible, or fraudulent entries will be void.

One (1) potential prize winner will be selected for each of the 12 Days of Christmas Giving.   Your entry will remain eligible for subsequent winner selection dates unless and until you are selected as a potential prize winner. Potential prize winners will be notified by social media associated with commenting account, by comment reply and direct message. The potential prize winners will have five (5) business days to reply, agree to accept the prize, provide all contact information requested by H.O. Penn, and, except where prohibited by law, claim the prize at H.O. Penn’s facility. Failure to provide the information or documentation requested above in the allotted time will signify to H.O. Penn that the prize has been declined and forfeited for all time and another potential prize winner will be chosen in a random drawing. All prizes will be awarded if claimed properly. Limit one (1) prize per person. If any potential winner is at least 18 but still considered a minor in his/her jurisdiction of residence, H.O. Penn reserves the right to award the Prize in the name of his/her parent or legal guardian who will be responsible for fulfilling all requirements imposed on winners set forth herein.

The decisions of H.O. Penn are final and binding on all matters relating to this drawing. Odds of winning depend on the total number of eligible entries received. Prize will be made available to Winner at H.O. Penn facility. H.O. Penn makes no warranty, guaranty or representation of any kind concerning any Prize. Prize will have prize manufacturer’s warranty only and H.O. Penn disclaims all implied warranties to the extent allowed by applicable law.

The Prize is non-transferable and non-assignable, with no cash redemption except at H.O. Penn’s sole discretion. There will be no substitutions for the Prize except due to unavailability, in which case a cash prize of equal value to the retail value of the Prize will be awarded at H.O. Penn’s exclusive discretion.

4) GENERAL CONDITIONS: By entering or attempting to enter this Promotion and/or accepting any Prize, entrant agrees: (1) to release, discharge and hold harmless H.O. Penn, their respective parent, subsidiaries, limited liability and affiliated companies, advertising and promotion agencies, and each of their respective shareholders, officers, directors, employees, members, agents and assigns (collectively, the “Released Parties”) from liability of any kind or nature for any loss, claims, damages, or injuries of any kind resulting in whole or in part, directly or indirectly from entrant’s participation in this Promotion or from the acceptance and use/misuse of any Prize; (2)  H.O. Penn reserves the right to block, ignore, report, and/or completely prevent any entrant, account, user, or profile from accessing the Promotion and/or H.O. Penn’s profile(s), account(s), website(s), blog(s) or handle(s), (3) Entrant agrees to abide by, and be bound by these Official Rules, and the decisions of H.O. Penn relating to participation in the Promotion, selection of Winners and awarding of Prizes, which shall be final. Entry in this Promotion constitutes permission to disclose Winner’s name, age, city and state of residence in the Winner list published on line or in any other medium deemed appropriate by H.O. Penn without further notification or permission from entrant or any third party and without prior notice, approval or inspection.

Released Parties are not responsible for printing or typographical errors in any drawing-related materials; stolen, late, lost, damaged, delayed, misdirected, incomplete, postage due or illegible entries, lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Promotion, including, without limitation, errors or difficulties which may occur in connection with the administration of the Promotion, the processing of entries, the announcement of the Prize[s], or in any Promotion-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Promotion. Released Parties are not responsible for injury or damage to any person’s computer related to or resulting from participating in this Promotion or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the Promotion or website or who are in violation of these Official Rules, as solely determined by H.O. Penn, will be disqualified and all associated entries will be void.

Should any portion of the Promotion be, in H.O. Penn’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of H.O. Penn, corrupt or impair the administration, security, fairness or proper play, or submission of entries, or should the Promotion be unable to run as planned for any other reason, H.O. Penn reserves the right at its sole discretion to suspend, modify or terminate the Promotion and, if terminated, at its discretion, select the potential winner[s] in a random drawing from among all eligible, non-suspect entries received prior to action taken. H.O. Penn shall have the sole right to disqualify any contestant for violation of these Official Rules or any applicable laws relating to the Promotion, and to resolve all disputes in its sole discretion.

CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, H.O. PENN RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL OR ORGANIZATION TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

In the event of a dispute regarding entries received from multiple users having the same e-mail account or social media account, the authorized user of the e-mail account or social media page at the time of entry will be deemed to be the entrant and must comply with these Official Rules. “Authorized account subscriber of the e-mail account or user of social media account” is the natural person who is assigned the e-mail address and social media page by the Internet Service Provider (ISP), on-line service provider, or other organization (e.g., business, educational institution, etc.) responsible for assigning e-mail addresses. In the event of multiple users administrating winning social media account/page, H.O. Penn reserves the right to choose winning person.

6) FORUM SELECTION: This Promotion shall be governed by the laws of the State of New York. Each entrant knowingly and voluntarily intends and agrees that (i) the mandatory, exclusive venue for any action in any way related to or arising out of this Promotion or prizes awarded shall be resolved individually without resort to any form of class action and shall be the state and federal courts in and for New York State and residing counties; and (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering any Promotion, but in no event attorneys’ fees. Each entrant hereby knowingly and voluntarily waives any and all objections to venue and personal jurisdiction in the foregoing and submit themselves thereto. Each entrant hereby waives any right it may have to assert the doctrine of forum non convenient or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this paragraph and stipulates that the aforementioned courts shall have in personam jurisdiction and venue over them for the purpose of litigating any dispute, controversy, or proceeding arising out of or related to this Promotion.

7) CLASS ACTION WAIVER: Each party agrees that an arbitrator, judge, magistrate or other similar authority may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You agree to waive any right to a jury trial or to participate in a class action.

8) WINNER LIST: List of winners will be posted publicly on H.O. Penn Machinery Company, Inc., Facebook social media page. The Winner’s names may also be obtained by sending a self-addressed, properly stamped envelope to: H.O. Penn Machinery Company, Inc., 122 Noxon Road, Poughkeepsie, NY 12603 Attn: 12 Days of Christmas Giving, drawing winner list. Winner notification requests must be received by December 31, 2023, or the request will not be honored.

9) PROMOTION SPONSOR: This Promotion is provided by H.O. Penn Machinery Company, Inc., a New York Corporation, having an official place of business at 122 Noxon Road, Poughkeepsie, NY 12603.

10) CONSUMER PRIVACY: Information submitted to H.O. Penn by any entrant is subject to H.O. Penn privacy policy accessible at here and incorporated herein by reference.

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