Primed For Grime Weathering Contest

THE FOLLOWING CONTEST IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY, OR IN ASSOCIATION WITH, FACEBOOK, INSTAGRAM, OR ITS AFFILIATES. ANY AND ALL INFORMATION THAT YOU MAY BE PROVIDING WILL BE USED AND INTERPRETED SOLELY BY SPONSOR AND NOT FACEBOOK OR INSTAGRAM.

Primed for Grime Contest Official Rules
Please read the Official Rules and Regulations ("Official Rules") of the "Prime for Grime" Contest ("Contest"). You must agree to accept and comply with the Official Rules to participate in the Contest. To accept the Official Rules, submit a valid entry on the Contest website.

SPONSOR: Horizon Hobby, LLC 1600 Forbes Way #120; Long Beach, CA 90810 (the "Sponsor").

ADMINISTRATOR: Horizon Hobby, LLC 2904 Research Rd; Champaign, IL 61822 (the "Administrator").

CONTEST PERIOD: The Contest begins 12:00AM (CST) on March 1, 2021 and ends 11:59PM (CST) on April 19, 2021.

ELIGIBILITY: The Contest is open to all residents of the 50 United States who are at least 18 years of age on the date of the Contest entry submission ("Entrant"). Employees, directors and officers and their immediate families (spouses and siblings, parents and children and their spouses) and household members of the Sponsors and/or the Administrator (as each is defined below), and their respective parent companies, subsidiaries and affiliates, distributors, dealerships and companies involved in the implementation and execution of the Contest (collectively the "Contest Entities") are not eligible. The Contest is void where prohibited or restricted by law.

AGREEMENT TO THE OFFICIAL RULES: By participating in the Contest, each Entrant fully and unconditionally agrees to and accepts these Official Rules and the decisions of the Sponsors and the Administrator, which are final and binding in all matters related to the Contest. Winning any prize is contingent upon fulfilling all requirements set forth herein.

HOW TO ENTER: 

Choose from one of the following Primed for Grime Freight cars to weather.

  1. ATH28715 HO RTR 50' PS 5344 Box, HS/Ex-GTRR #3631
  2. ATH28709 HO RTR 50' PS 5344 Box, UP/BKTY #150670
  3. ATH28704 HO RTR 50' PS 5344 Box, UP/BKTY #150572
  4. ATH28700 HO RTR 50' PS 5344 Box, BAR #5237

Take a photo of your chosen freight car before you apply your weathering and after. Images should keep the focal point on the model, have good lighting, and be in standard jpg format of at least 300 dpi.
When submitting your Entry, including your full name, email, and phone number where we can reach you. All entries must be submitted to Athearn-contest@horizonhobby.com (the "Website").

Submitted photos must not, in the sole discretion of the Sponsor, contain obscene, provocative, defamatory, sexually explicit, or otherwise objectionable or inappropriate content. 

ALL ENTRIES MUST BE RECEIVED BY 11:59 PM (CST) on April 19, 2021. In the event that more than one (1) Entry is received from any one person or email address, each valid Entry processed will be considered a separate entry received for the Contest Period. Sponsor is not liable for lost, late, misdirected, or corrupted Entries whether due to a technical error or otherwise. Entries become the property of the Sponsor and may not be acknowledged or returned.

VOTING & JUDGMENT PROCESS: Entries will be judged by the Athearn team based on the level of realism and weathering skill. Any attempts made to circumvent or unfairly influence the results may be disqualified at Sponsor's sole discretion. 

WINNER SELECTION: One (1) Grand Prize winner and two (2) Runner Ups will be selected from all eligible entries received for a total of three (3) Prize Winners. Winners will be selected on April 20, 2021. Each winner will be notified by phone, email, or other reasonable means, and may be required to sign and return a W-9 form, an Affidavit of Eligibility, a Liability Release, and, except where prohibited by law, a Publicity Release Form ("Winner Release") within 7 days of receipt. Failure of the potential winner to timely return the required executed documents within the specified time period may cause the prize to be forfeited and awarded to an alternate as solely determined by the Sponsor. If a prize is refused, a prize notification is returned or deemed undeliverable, or the potential winner is disqualified for any reason, an alternate winner will be selected. Except where prohibited by law (e.g., Tennessee), acceptance of the prize constitutes permission for the Administrator to use the winner's name, hometown, likeness, statements, and other personally identifiable information for promotional, advertising, and marketing purposes in any media throughout the world without additional prize, incentive, consideration, consent or review; and upon request, the winner will provide written consent to such use.

DESCRIPTION OF PRIZE(S): One (1) Grand Prize winner will receive their choice of the following:

HO GP7U w/DCC & Sound, M&E ex BAR #21 (ATHG78228); or 
HO GP38-2 w/DCC & Sound, EJ&E #700 (ATHG68184) 
Additionally, the Grand Prize winner will be offered a chance to guest appear on a future Train Tuesday. 

Second and Third place winners will receive a new Athearn RTR Freight Car set.

The Approximate Retail Value (ARV) of ATHG78228 is 299.98. The ARV of ATHG68184 is $289.98. The ARV of the RTR Freight Car is $93.98.

The Approximate Retail Value (ARV) is defined as the Manufacturer's Sale Price, which is the lowest listed value for the product on Athearn.com at the time of this Contest.
 
The total value of all prizes in this Contest is approximately $539.94.

GENERAL PRIZE RESTRICTIONS: A prize winner must accept the prize within 7 days of notice of availability from the Administrator or the prize may be forfeited and awarded to an alternate winner. The administrator will be responsible for the transport costs of delivering the prize to the winner's residence (as applicable). Prize may not be transferred or assigned until after the actual winner has complied with all his or her obligations under these Official Rules. No cash or other substitution may be made, except by the Administrator, who reserves the right to substitute a prize in whole or in part with another prize of comparable or greater value if the intended prize is not available for any reason as determined by the Administrator in its sole discretion. The prize winner will be responsible for all taxes (including but not limited to federal, state, local, and/or income) on the prize. A prize winner will be required to execute a Winner Release form prior to the prize being released to such a winner. The execution of the Winner Release by a prize winner is an explicit condition to releasing said prize; refusal by a prize winner to execute the Winner Release will result in disqualification, and a new winner will be selected in accordance with these Official Rules.

GENERAL CONDITIONS / RELEASE: By participating, Entrant (and if an eligible minor, their parents or legal guardians) agree to (a) release Facebook, Instagram, Contest Entities, their respective directors, officers, agents, and employees from any and all liability for any claims, costs, injuries, losses or damages of any kind caused by (i) Entrant's participation, including the unauthorized or illegal access to personally identifiable or sensitive information or the acceptance, possession, use, or misuse of the prize; (ii) any Contest Entities' sponsorship or administration of the Contest; and (iii) Entrant's and/or any third party's use, sale or disposal of the prize; (b) acknowledge that said parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, expressed or implied, in fact, or in law, relative to the prize (any written warranty by the manufacturer concerning the prize will be provided along with the prize). Neither Contest Entities nor any service providers are responsible for incorrect or inaccurate transcription of Entry information, or for any human or other error, technical malfunctions, lost/delayed data or voice transmission, omission, interruption, deletion, defect, line failures of any telephone network, computer equipment, software, inability to access any online service or Website or to complete a telephone call or facsimile transaction, or any other error or malfunction, or late, lost or misdirected mail, or any injury or damage to participant's or any other person's computer related to or resulting from participation in this Contest.

CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE, TAMPER WITH THE ENTRY PROCESS, OR OTHERWISE UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO COOPERATE IN THE PROSECUTION OF ANY SUCH INDIVIDUAL(S) AND TO PURSUE ALL REMEDIES TO THE FULLEST EXTENT PERMITTED BY LAW. Failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. If for any reason the Contest is not capable of being executed as planned, or infection by computer virus, bugs, tampering, unauthorized intervention, fraud, the action of Entrants, technical failures, or any other causes, which, in the opinion of Administrator and/or Sponsor, corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, Administrator reserves the right at its sole discretion to disqualify any suspect Entry or Entrant and/or to cancel, terminate, modify or suspend the Contest. In the event of any cancellation, termination, or suspension, notice thereof will be posted at www.athearn.com. If the Administrator decides to reconvene the Contest after a suspension, the determination of the prize winner will be made, from among all eligible, non-suspect Entries received as of the date of the suspension, as Administrator determines in its sole discretion. Entries not complying with all rules are subject to disqualification.

DISPUTES: Entrants, agree that (a) any and all disputes, claims, and causes of action arising out of, or connected with, the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Champaign County, Illinois; (b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys' fees; and (c) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to, claim punitive, incidental and consequential damages and any other damages, other than out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, Entrant's rights and obligations, or the rights and obligations of the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of Illinois, without giving effect to any choice of law or conflict of law rules (whether of Illinois or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than Illinois.

ENTRANTS PERSONAL INFORMATION: Information collected from Entrants may be used for print ads or monthly emails regarding deals, promotions, and other purposes determined at the full discretion of the Administrator. For a complete description of the Administrator's permitted information use, please see the full Privacy Policy at https://www.horizonhobby.com/privacy-policy-page.html.

WINNER / RULES: For the name of the Contest winners and/or a copy of these Official Rules, mail a stamped, self-addressed envelope to: 

Athearn Trains 
ATTN: Primed For Grime Weathering Contest
Horizon Hobby, LLC 
1600 Forbes Way; #120
Long Beach, CA 90810

Requests must be received after April 28, 2021.