Sweepstakes and Giveaways

Fan shop frenzy sweepstakes—GENERAL TERMS AND CONDITIONS

August 2024—SWEEPSTAKES

The following conditions shall apply to participation in the sweepstakes. The participant agrees to be bound by these conditions by participating in the sweepstakes.

THIS IS A CONTEST, NOT A LOTTERY AND NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. MORE THAN ONE ENTRY, A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. ALL COUNTRY, FEDERAL, STATE, LOCAL, MUNICIPAL LAWS, AND REGULATIONS APPLY. VOID WHERE PROHIBITED.

1. Organizer

(1) The organizer of the sweepstakes is PALFINGER AG, Lamprechtshausener Bundesstrasse 8, 5101 Bergheim, Austria its United States or other North American subsidiaries or affiliates or those under common control of the same parent (hereinafter referred to as “PALFINGER”).

(2) The sweepstakes is not affiliated with Instagram and is in no way sponsored, supported, or organized by Instagram. Participants, therefore, do not have any legal claims vis-à-vis Instagram in connection with participation in the sweepstakes. Additional terms and conditions apply and the acceptance of same by participant either in a separate document or click through email is an additional requirement of these Sweepstakes.

(3) Enquiries and information regarding the sweepstakes must be addressed to PALFINGER and not to Instagram.

2. Promotional period, rules of participation and prize

(1) The sweepstakes shall begin on 26 August 2024 at 10:00 AM (CST) and shall end on 2 September 2024 at 11:59 PM (CST) (hereinafter referred to as the “Promotional Period”). It is possible to participate in the sweepstakes within the Promotional Period only.

(2) The sweepstakes shall take place on the timeline of the PALFINGER North America Instagram page and Facebook page. During the Promotional Period participants shall have the opportunity to like and tag a friend on the sweepstakes post and follow the PALFINGER Facebook or Instagram page. The odds of winning are the same regardless of the participation on Facebook or Instagram or both as the drawing is random.

(3) Each verified winner will be awarded one (1) $100 gift certificate to the PALFINGER Fan Shop and one (1) $100 gift certificate to their friend. Total value of each prize set: $200 USD per winner.

3. Eligibility for participation

(1) Legal residents of US, Canada and Mexico who are aged 18 or over who have their own Instagram profile shall be eligible to participate. In case of doubt, the participant concerned must provide proof of their age.

(2) EXPRESSLY EXCLUDED FROM THIS SWEEPSTAKES CONTEST ARE ANY AND ALL EMPLOYEES AND/OR RELATIVES OF THE PALFINGER Group (including its United States, Canadian and Mexican subsidiaries).

(3) The participation of competition agencies and participation via the submission of automatically generated mass entries are not allowed. Limit one (1) entry per person, per email address, and per household for the duration of the Sweepstakes Period, regardless of the method of entry. Entries from any person, e-mail address, or household more than the stated limitation will be void.

4. Determining the winner; notification of winning

(1) A total of ten (10) winners from Instagram entries will be selected by PALFINGER in a random drawing on 3 September 2024. One prize per household.

(2) The Instagram winners will be notified through the comment section and will also be announced through an Instagram Story and Facebook Story on 4 September 2024.

(3) The winners are asked to submit their postal and e-mail addresses by direct message within seven (7) days of the announcement. If the winner does not respond within this time limit, PALFINGER reserves the right to draw again and to determine a new winner.

(5) The prize shall be delivered to the winner by e-mail.

(6) Prize is not transferable. No cash payment or payment of another substitute prize will be offered as a prize.

5. Exclusion

(1) PALFINGER reserves the right to exclude participants who violate these conditions of participation or use unauthorized tools or other manipulative measures. The prize may be denied or reclaimed in such cases.

6. Early termination of the competition

PALFINGER reserves the right to cancel or terminate the sweepstakes without prior notice. In particular, PALFINGER will make use of this possibility if it cannot ensure the proper execution of the sweepstakes for technical reasons (e.g., viruses in computer systems, manipulation of, or problems with hardware or software) or legal reasons.

7. Warranty and limitation of liability

(1) There is no warranty claim if a prize is defective.

(2) Once the prize has been handed over, PALFINGER assumes no liability for damage caused by the prize or in connection with its use or consumption.

(3) Otherwise, PALFINGER assumes no liability for negligence related to the execution of or participation in this sweepstakes. In the event of gross negligence, PALFINGER will not be liable for loss of profits, simple financial losses, or other indirect or consequential losses in this context.

(4) By participating in the Sweepstakes, entrants agree to release and hold harmless PALFINGER and each of their respective parents, subsidiaries, affiliates, advertising and promotion agencies, other companies associated with the Sweepstakes, and each of their respective officers, directors, employees, shareholders, representatives, and agents (the Released Parties) from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of the prize(s) granted hereunder.

8. Data Protection and Privacy

(1) In the context of the sweepstakes PALFINGER shall collect and use the data required for participation in the sweepstakes only.

(2) PALFINGER will additionally ask those participants who have been drawn as winners to submit their postal addresses to enable it to deliver the prize to them. These data will be shared with third parties only to the extent that is required to manage the Sweepstakes and permitted by law.

(3) The terms of PALFINGER’s Privacy policy apply to this Sweepstakes found here.

9. Miscellaneous

(1) The organizer’s decisions are final in all matters relating to the sweepstakes.

(2) United States’ substantive law applies to these conditions of participation.

(3) The English version of these conditions of participation shall be authoritative in the event of any discrepancies or contradictions between the German and English versions.

(3) Should individual provisions of these conditions of participation be or become invalid, this shall not affect the validity of the remaining conditions. They shall be replaced by appropriate provisions that most closely approximate the economic intent of the invalid provision.

(4) PALFINGER reserves the right to suspend the contest, disqualify any entrant for violation of these rules, and modify or add to these conditions of participation without stating the reasons for doing so.

Date: August 19, 2024