ATC’s Trees for Threes Giveaway (the “Giveaway”) Official Rules 2018-19
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ELIGIBLE ENTRIES RECEIVED. VOID WHERE PROHIBITED BY LAW.
ELIGIBILITY: The Giveaway is open only to schools located within the following Wisconsin counties: Adams, Brown, Calumet, Chippewa, Clark, Columbia, Crawford, Dane, Dodge, Door, Douglas, Florence, Fond du Lac, Forest, Grant, Green Lake, Green, Iowa, Jefferson, Juneau, Kenosha, Kewaunee, Lafayette, Langlade, Lincoln, Manitowoc, Marathon, Marinette, Marquette, Menominee, Milwaukee, Monroe, Oconto, Oneida, Outagamie, Ozaukee, Portage, Racine, Richland, Rock, Rusk, Sauk, Sawyer, Shawano, Sheboygan, Taylor, Vernon, Vilas, Walworth, Waushara, Washburn, Washington, Waukesha, Waupaca, Winnebago, and Wood. For the purposes of the Giveaway, a “school” is defined as an administrative unit dedicated to and designed to impart skills and knowledge to students and (A) has an assigned administrator or principal responsible for all personnel actions, (B) has a unique identification code assigned by the Wisconsin Department of Public Instruction (referred to as a school code), (C) provides or directly supervises the primary PK-12 educational services received by students in one or more PK-12 grade groups, (D) has one or more teachers to provide instruction or care, and (E) may be located in one or more buildings (multiple schools may be in one building). A “school” excludes any program for students enrolled in another public school and a home-based private educational program (homeschool). Employees, officers and directors (including immediate family members (defined as spouse, parent, child, sibling and their respective spouses, regardless of where they reside) and members of the same household, whether or not related) of American Transmission Company LLC or ATC Management Inc., and each of their respective parents, affiliated companies, subsidiaries, licensees, distributors, dealers, retailers, contractors, suppliers, printers, advertising and promotion agencies, and any and all companies associated with the Giveaway are not eligible to participate in the Giveaway. The Giveaway is subject to all applicable federal, state and local laws, rules and regulations. The Giveaway is void outside the Wisconsin counties set forth above and where prohibited or restricted by law, rule, or regulation.
GIVEAWAY PERIOD: The Giveaway entry period begins at 12:00 a.m. Central Time (“CT”) on October 19, 2018, and ends at 12:00 a.m. CT on April 8, 2018 (the “Entry Period”).
WINNER SELECTION: The potential winners of the Giveaway will be selected on a first-come-first-serve basis on or about April 18, 2019 from among all eligible entries received during the Entry Period. Subject to verification of eligibility and compliance with the terms of these Official Rules, the potential winners will be declared the official winners of the Giveaway (the “Winner(s)”). The decisions of the Sponsor are final and binding on all matters relating to this Giveaway.
NOTIFICATION: The potential winners will be notified at the email address, postal address and/or telephone number, in the sole discretion of the Sponsor, provided at the time of entry (the “Prize Notification”). In the event that a potential winner does not respond to the Prize Notification within ten (10) business days from the date of issuance of the Prize Notification or declines the Prize for any reason, a disqualification will result, the Prize will be forfeited and, in the Sponsor’s sole discretion and time permitting, an alternate potential winner may be selected from among all remaining eligible entries. To claim the Prize, the Winners must return to the Sponsor a completed IRS W-9 tax form, as applicable, and Affidavit of Eligibility and Liability/Publicity Release within ten (10) days after responding to the Prize Notification. Failure to comply with the above requirements within the specified time period, noncompliance with these Official Rules, or the return of the Prize (or any portion thereof) or Prize Notification as undeliverable may result in disqualification and Prize forfeiture and, in such case, the Sponsor may, in the Sponsor’s sole discretion, select an alternate potential winner from the remaining eligible entries.
PRIZES: The Sponsor will award one (1) tree for every three-pointer the Milwaukee Bucks score at home during the 2018-19 regular season (the pre-season and post-season are excluded). Prizes will be awarded as follows: The Winner(s) will receive a maximum of five (5) trees (the “Prize(s)”). The number of trees awarded to any one (1) particular Winner shall be determined in the sole discretion of the Sponsor. The total number of trees, and Prize(s), that the Sponsor will award pursuant to the Giveaway will depend on the total number of three-pointers the Milwaukee Bucks score at home during the 2018-19 regular season. The Prize awarded to any one (1) particular Winner shall not exceed the verifiable retail value of three hundred and seventy-five dollars ($375). The Prize(s) will only include the Sponsor’s purchase of the trees. The Prize(s) will not include, and the Winner(s) are responsible for, all transportation, delivery, planting, and maintenance associated with the trees. The Sponsor may provide the Winner(s) with a banner, which the Winner(s) agree to place within the immediate vicinity of the planted Prizes. The Winner(s) further agree to take photographs of the planted Prize(s) and provide electronic versions of such photographs to the Sponsor. The Sponsor may furnish an Internal Revenue Service Form 1099 to the Winner(s) for the actual retail value of the Prize(s) for the tax year in which the Prize is issued to the Winner. Any difference between the verifiable retail value limit provided above and the actual value of the Prize will not be awarded in any form. The Winner(s) must take possession of the trees in 2019. The date that the trees are available for the Winner(s) is at the discretion of the Sponsor. The odds of winning the Prize(s) depend on the total number of eligible entries received and total number three-pointers scored by the Milwaukee Bucks at home during the 2018-19 regular season (the pre-season and post-season are excluded).
PRIZE CONDITIONS: All final Prize details shall be determined in the sole and absolute discretion of the Sponsor. The Winner(s) are fully responsible for any and all applicable federal, state and local taxes (including income and withholding taxes). All costs and expenses associated with the Winner(s)’ acceptance and use of the Prize not specified herein as being paid by the Sponsor are the sole responsibility of the Winner(s). The Prize(s) are non-transferable and non-assignable, with no cash redemptions except in the Sponsor’s sole and absolute discretion. Any one (1) particular Winner will only receive the Prize once and, upon making the Prize available to such Winner, the Sponsor and its contractors shall have no obligation to reissue the Prize or pay any damages caused as a result of the Prize. The Sponsor reserves the right to substitute the Prize(s) (or any portion thereof) with a prize of comparable or greater value in the Sponsor’s sole and absolute discretion.
LIABILITY/PUBLICITY RELEASE: By participating in the Giveaway and submitting an entry form, each entrant agrees to (A) be bound by these Official Rules, including all entry requirements, and (B) release, forever discharge and agree to hold harmless American Transmission Company LLC, ATC Management Inc., Milwaukee Bucks, LLC and each of their respective parents, affiliated companies, subsidiaries, officers, directors, employees, agents, licensees, distributors, dealers, retailers, contractors, suppliers, printers, representatives and advertising and promotion agencies, and any and all other companies associated with the Giveaway, and all of their respective officers, directors, employees, agents and representatives (collectively, “Released Parties”) from and against any liability for any and all claims, demands, losses and liabilities of any nature whatsoever which an entrant may now or hereafter be entitled to assert, including but not limited to any death, injury, loss of enjoyment, property damage, or other harm or loss of any nature, any claims based on publicity rights, privacy rights, personality rights, “moral rights,” or defamation, and any and all taxes levied, assessed or collected, whether caused by or contributed to, arising out of, or otherwise related to the Giveaway, the Prize, or an entrant’s possession, acceptance, use, or misuse thereof, or an entrant’s other acts or omissions in connection therewith. By entering this Giveaway, each entrant gives his/her express permission to be contacted by the Sponsor by telephone, email and/or postal mail for Giveaway purposes. The Winner(s), by acceptance of the Prize, irrevocably grant to the Sponsor and each of its designees the unrestricted, absolute, perpetual, worldwide right and license to use the Winner(s)’ name, address, photograph, likeness, voice, biographical and personal background information and statements in any marketing materials of the Sponsor, and, without limitation, any notes, photographs, film, or video or audio tape that may be taken of the Winner or the Winner’s property at the time of Prize fulfillment, without further compensation, consideration, or notice to or permission by the Winner(s) or any third party in any media or embodiment now known or hereafter developed (including but not limited to any format of any computer-based, Internet-based, electronic, magnetic, digital, laser or optical-based media).
GENERAL CONDITIONS: The Released Parties are not responsible for stolen, late, incomplete, illegible, inaccurate, misdirected, lost, misrouted, scrambled, damaged, delayed or undelivered transmissions, email or mail; lost, interrupted or unavailable network, cable, satellite, server, Internet Service Provider (ISP), wireless network, website, or other connections; wireless service congestion; failures or malfunctions of phones, phone lines or telephone systems; any error, omission, interruption, defect or delay in wireless or other transmission or communication; non-delivery, misdirected, blocked, or delayed email notifications; printing, typographical or other errors appearing within these Official Rules, in any Giveaway-related advertisements or other materials; or any other errors, problems or difficulties of any kind relating to or in connection with the Giveaway, including, without limitation, errors or difficulties that may occur in connection with the administration of the Giveaway, the processing of entries or the announcement of the Winner(s). The Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Giveaway. The Released Parties are not responsible for injury or damage to any participant’s or other person’s computer and/or wireless device related to or resulting from participation in this Giveaway or downloading materials from or use of the Sponsor’s website. Persons who tamper with or abuse any aspect of the Giveaway or website or attempt to undermine the legitimate operation of the Giveaway by cheating, deception, or other unfair playing practices, or intend to annoy, abuse, threaten, or harass any other entrant or any representative of the Sponsor or who are in violation of these Official Rules, as solely determined by the Sponsor, will be disqualified and all associated entries will be void. Any attempt to deliberately damage the content or operation of this Giveaway is unlawful and subject to legal action by the Sponsor and/or its agents. The Sponsor shall have the sole right to disqualify any entrant for violation of these Official Rules or any applicable laws relating to the Giveaway and to resolve all disputes in its sole discretion. THE RELEASED PARTIES (A) MAKE NO WARRANTY, GUARANTY OR REPRESENTATION OF ANY KIND CONCERNING ANY PRIZE (OR ANY PORTION THEREOF), AND (B) DISCLAIM ANY IMPLIED WARRANTY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. The Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
The Sponsor reserves the right, in its sole discretion, to cancel or suspend the Giveaway (or any portion thereof) for any reason whatsoever. In the event of cancellation, the Sponsor may elect to identify the Winner(s) and award the Prize(s) from among all non-suspect, eligible entries received up to the time of such cancellation. The Sponsor also reserves the right, in its sole discretion, to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Giveaway.
Entries generated by a script, macro or other mechanical or automated means will be disqualified. In the event of dispute as to the identity or eligibility of any potential winner based on an email address, the winning entry will be declared made by the “Authorized Account Holder” of the email address submitted at the time of entry provided he/she is eligible according to these Official Rules. The “Authorized Account Holder” is defined as the school to which the applicable Internet service provider or other organization has assigned the email address for the domain associated with the submitted email address.
As a condition of entering this Giveaway, each entrant agrees that (A) any and all disputes, claims, controversies or causes of action arising out of or relating to this Giveaway or the Prize(s) (each, a “Claim”), shall be (1) litigated on an individual basis only, and shall not be consolidated or joined with or in any litigation or other proceeding involving a Claim of any other party, and (2) resolved in the Circuit Courts in Dane County, Wisconsin or the Federal District Court for the Western District of Wisconsin in accordance with the laws of the State of Wisconsin, without application of its conflict of law principles; and (B) under no circumstance will an entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, consequential or any other damages, other than for actual out-of-pocket expenses. These Official Rules shall be governed by and construed and interpreted in accordance with the laws of the State of Wisconsin applicable to contracts entered into and performed exclusively in Wisconsin.
If any term or provision of these Official Rules is determined to be unenforceable or invalid for any reason, such unenforceability or invalidity will not affect the enforceability or validity of the remainder of these Official Rules and these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the unenforceable or invalid provision of these Official Rules was not contained herein.
SPONSOR: The Sponsor of this Giveaway is American Transmission Company LLC, W234 N2000 Ridgeview Parkway Court, Waukesha, WI 53188 (the “Sponsor”).