“Take Charge of Your Backyard” 2017 Contest Rules

Take Charge of Your Backyard with Toro & Today’s Homeowner Contest Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE THE CHANCES OF WINNING. VOID WHERE PROHIBITED.

Sponsor: The Toro Company (“Toro”) is the sponsor of this contest. Toro may be contacted at RLC@toro.com

Administrator: The Contest is administered by American Sweepstakes & Promotion Co., Inc., 300 State St. Suite 402 Rochester, NY 14614 (the “Administrator”).

Eligibility and General Terms:
The Take Charge of Your Backyard with Toro & Today’s Homeowner Contest (the “Contest”) is open to residents of the U.S. who have reached the age of majority in their state of residence at the time of entry. In addition, an entrant must own the backyard property selected for the makeover. The Contest is not open to the general public and is void where prohibited by law. Employees of Toro, Toro distributors, Toro dealers, and their families are not eligible to participate in the Contest. All applicable federal, state, and local laws and regulations apply. By participating, you agree to be bound by these Official Rules and the decisions of the Sponsor, which are binding and final in all matters relating to this contest.

Contest Entry Period:
The Contest begins April 10, 2017 at 12:00:01 a.m. EDT and ends at 11:59:59 p.m. EDT on April 30, 2017 (“Contest Period”). All entries must be submitted by the entry deadline.

How to Enter:
Internet access is necessary to enter. Entries may be submitted via the following method:

Entry Limit:
Limit one (1) entry per person. Photos must be of acceptable size/format: at least 850 pixels X 500 pixels; not to exceed 5MB in size. Entrants will be asked to submit a more suitable version of their photo if it does not meet specified guidelines. Inability to provide a suitable photograph will disqualify the entry. Toro will not be held responsible for incomplete, incorrect, unsuitable or late entries. By participating, entrants agree to be bound by these Official Rules.

Entries may not contain, as determined by the Toro in its sole discretion, any content that…

  • is sexually explicit or suggestive; unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; contains nudity;
  • promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message;
  • is obscene or offensive; endorses any form of hate or hate group;
  • appears to duplicate any other submitted entries;
  • defames, misrepresents or contains disparaging remarks about other people or companies;
  • contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, without permission;
  • contains any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
  • contains copyrighted materials owned by others (including photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies or other media), without permission;
  • contains materials embodying the names, likeliness, or other indicia identifying any person, including, without limitation, celebrities and/or other public figures, living or dead, without permission;
  • contains look-alikes of celebrities or other public or private characters, living or dead;
  • communicates messages or images inconsistent with the positive images and/or good will with which Toro wishes to associate;
  • violates any law.

Entries must be original (essay written and photo taken by entrant) and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. If the entry contains any material or elements that are not owned by the entrant, and/or which are subject to the rights of third parties, the entrant is responsible for obtaining, prior to submission of the entry, any and all releases and consents necessary to permit the use and exhibition of the entry by Toro in the manner set forth in these official rules, including, without limitation, name or likeness permissions from any person who appears in or is identifiable in the entry. Toro reserves the right to request proof of these permissions in a form acceptable to Toro from any entrant at any time. Failure to provide such proof when requested will disqualify the entry. By submitting an entry, entrant warrants and represents that he/she and any persons appearing or who are identifiable in the entry consent to the submission and use of the entry in the Contest and to its use as otherwise set forth herein. Toro reserves the right, in its sole discretion, to verify any element of any entry or related materials and to disqualify any entrant whose participation may subject the Contest, Toro, or Toro’s advertisers, clients, or customers to controversy, negative publicity, scorn, or ridicule.

By submitting an entry, each entrant…

  1. Irrevocably grants Toro the royalty-free non-exclusive right throughout the world to use, re-use, copy, publish, republish in whole or in part, edit, add to, modify, and rearrange the contents of the entry in all media, including without limitation, to edit, rearrange, and/or copy the entry for use in the promotion of Toro’s products and services without further permission, consideration or payment to the entrant, except where prohibited.
  2. Warrants and represents that the entrant is the sole creator and copyright owner of the entry and that use by Toro of the entry as described in these rules will not violate any law or infringe upon any right or interest of any third party;
  3. Certifies that entrant has obtained from anyone identified or depicted in the entry all permission necessary to submit the entry and to grant Toro the right to use the entry as described in these rules;
  4. Certifies that entrant owns the yard selected for the makeover;
  5. Agrees that all the terms and conditions of these rules, to be bound by these rules and the decisions of Toro and the Contest judges, and consents to the use of his or her name and other information for purposes of direct mail or similar solicitations;
  6. Releases Toro and its affiliates, subsidiaries, divisions, advertising and promotional agencies and their respective officers, directors and employees from any and all liability with respect to or arising out of participation in the Contest, or the acceptance, use, misuse or possession of any prize or the loss or misdirection of any prize; and
  7. Consents to filming of winner’s backyard makeover and use of the film by Toro for promotional purposes.

All individuals appearing in the entry must be at least eighteen (18) years of age. Only the person identified as the entrant will be eligible for any prize offered in this contest. Any other individual shown or identified in an entry will not be considered the entrant and will not be eligible to receive any prize offered in this Contest. Entries will not be acknowledged or returned. All entries become the property of Toro. No submitted photos will be returned.

Toro reserves the right to reject any or all entries that, in Toro’s sole discretion, depict use of a product in an unsafe manner or are otherwise inappropriate.

Selection of Winner:

  • Entries will be judged/graded on the following factors:
    • Appearance of backyard/need for organization (25%)
    • Image quality (25%)
    • Creativity and quality of photo submission (25%)
    • Creativity and humor of written submission (25%)
  • The Contest judges, comprised of Toro marketing representatives, will select one winning entry and post the winner’s photo submission and essay on the Website. If no entries are submitted, no winner will be announced.
  • The winner will be chosen, and an attempt made to notify the winner, by Friday, May 5, 2017. Winner will be notified via email and phone of their winning status.
  • The winner will receive recognition through a Facebook status on the Toro Yard Facebook page and will be filmed for a segment that may be aired on Toro’s web site, www.toro.com. Last name and other personal information will not be released in the Facebook post. Information will be (solely) limited to first name, city, and state of the winner in any Facebook post(s).
  • To request confirmation of the name, city, and state of the winner, please send a self-addressed, stamped business size envelope, by June 30, 2017, to: ASC/TORO “Take Charge of Your Backyard” Contest Winners List Request, 300 State St., Suite 402, Rochester, NY 14614.

Privacy:
Your information will not be sold or rented to third parties. Entrants must fully complete and submit all non-optional data requested on the entry form to be eligible. Incomplete entries are void. All information submitted by Entrants will be treated according to Sponsor’s privacy policy, available at http://thetorocompany.com/legal/privacy.html. By participating in the Contest and providing any personal contact information, Entrants hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s Privacy Policy.

Prize:
One (1) prize will be awarded and will include the following elements to help the winner get their backyard back in shape…

  • Toro® TimeMaster Lawnmower (Model 21200)
  • Toro® Bean Bag Toss game
  • Yeti cooler
  • The Home Depot $250 gift card
  • Toro Handheld product package including:
    1. Toro® PowerPlex™14” Brushless String Trimmer (51482)
    2. Toro® PowerPlex™ Blower (51690)
    3. Toro® PowerPlex™ 24” Hedge Trimmer Bare Tool (51491T)
    4. Toro® PowerPlex™ 14” BLDC Chainsaw Bare Tool (51880T)
    5. Toro® PowerPlex™ T180 Battery (88541)

The Grand Prize package has a total approximate retail value of $5,000 (includes labor and materials). The winner accepts responsibility for compliance with any and all applicable federal, state and local laws pertaining to acceptance and use of each prize. If an eligible winner does not claim a given prize, that prize will not be awarded.

Claiming Prizes:
By accepting a prize, the winner agrees to release and hold harmless the Released Parties from and against any claim or cause of action arising out of participation in the Contest or receipt or use of the prizes in question. The potential winner will be notified by home-delivered mail, phone, and/or email, and must sign and return to the Administrator, within seven (7) days of the date of notice or attempted notice is sent, an Affidavit of Eligibility, Liability & Publicity Release in order to claim his/her prize. Note: The Affidavit sent to the potential winner will require that he/she provide their Social Security Number to the Administrator, which will be used solely for tax reporting purposes. The winner will be responsible for all local, state, and federal taxes associated with the receipt of the prize(s). The winner must note that the value of the accepted prize is taxable as income and an IRS Form 1099 will be filed in the name of the winner for the value of their prize and the winner is solely responsible for all matters relating to the prize after it is awarded. If a prize or prize notification is returned as unclaimed or undeliverable to the potential winner, if a potential winner cannot be reached within three (3) business days from the first notification attempt, or if the potential winner fails to return requisite document(s) within the specified time period (as defined above), or if a potential winner is not in compliance with these Official Rules, then such person will be disqualified and an alternate winner may be.
After proper verification and approval, Toro representatives will coordinate with winner the scheduling and execution of their backyard makeover, to be completed within the calendar year 2017.

By accepting the prize, the winner consents, where allowable, to promotional use of his or her first name, city, state and likeness for advertising and promotional purposes (including but not limited to online and print mediums) without additional compensation, and to the use, display and transmission of the film of winner’s backyard makeover by Toro for promotional purposes, and releases Toro, its distributors and dealers, affiliates, subsidiaries, divisions, advertising and promotional agencies, the local contractors and their respective officers, directors and employees, as well as Allen Lyle and his employer from any liability resulting from participation in the Contest or the acceptance or use of a prize. Failure to timely claim a prize and comply with the acceptance requirements will result in forfeiture of the prize. All federal, state and local taxes, if any, are the sole responsibility of the winner. Prizes may not be substituted and are not refundable, transferable or redeemable for cash, except at the sole discretion of Toro.

Sponsor:
The Toro Company
RLC Marketing Department
8111 Lyndale Ave. So.
Bloomington, MN 55420

Miscellaneous:
Toro reserves the right to revoke or cancel the Contest at any time if Contest materials contain errors or other mistakes. Toro is not liable for any technical or computer malfunctions related to the Contest or any Contest entries. Toro reserves the right to terminate the Contest for technical reasons such as a computer virus. Toro’s decisions regarding all issues related to the Contest will be final.

Toro is not responsible for lost, incomplete, damaged, inaccurate, stolen, undelivered, garbled or misdirected entries, photos, captions, “likes,” votes and/or emails; or for 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 Contest, including, without limitation, errors or difficulties which may occur in connection with the administration in the Contest, the processing of entries, photos, captions or emails, the announcement of the prize, or in any Contest-related materials. Toro, its affiliates, subsidiaries, divisions, advertising and promotional agencies, and their respective officers, directors, employers and employees 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 Contest. Toro is not responsible for injury or damage to entrants’ or to any other person’s computer related to or resulting from participating in this Contest or downloading materials from or use of the Website. Toro reserves the right, in its sole discretion to disqualify any person tampering with the entry process, the operation of the Contest website or otherwise in violation of these Official Rules. In the event of cancellation or termination, Toro reserves the right to determine the winner and/or finalists from among the eligible, non-suspect entries received prior to the date of cancellation or termination using the judging criteria and voting processes detailed herein. In the event of a dispute regarding online entry, the entry will be deemed as made by the authorized account holder of the email address associated with the entry and he/she must comply with these Official Rules. The authorized account holder is the natural person who is assigned the user account by the Internet Service Provider (ISP), online-service provider, or other organization responsible for assigning user accounts. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY ANY SUCH INDIVIDUAL AND RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEY’S FEES) AND OTHER REMEDIES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.