Show Us Your Tough Contest Legal
2017 DEWALT SHOW US YOUR TOUGH CONTEST
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
RESIDENTS OF THE PROVINCE OF QUEBEC, CANADA AND CERTAIN OTHER US RESIDENTS ARE NOT ELIGIBILE TO ENTER THIS CONTEST.
THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY OR ASSOCIATED WITH FACEBOOK, INC.
During the Contest Entry/Voting Period entrants must submit a photo featuring DeWalt® tools in accordance with the requirements set out and described in Section 2 below. During the Contest Entry/Voting Period, entrants and participants may vote once on any of the submitted Contest photos. Limit of: one (1) Entry per person (each eligible entry received by Sponsor during the Entry Period is referred to as an “Entry”) andone (1) vote during the Entry Period; one (1) Grand Prize to be awarded; and one (1) Winner to be declared. If an entrant does not fully agree to these Official Rules, such entrant should not enter this Contest. This Contest is subject to all federal, state and local laws and regulations. Void where prohibited or restricted by law.
- ELIGIBILITY: This Contest is open only to persons who meet all of the following requirements: legal resident of one of the Continental United States (excluding residents of Alaska and Hawaii, who are not eligible to enter), the District of Columbia and Canada (excluding residents of the province of Quebec, who are not eligible to enter; age 21 or older at the time of entry in this Contest. Employees, Officers and Directors of Sponsor, Retail Sports Marketing, Inc., (“RSM”), Wishpond Technologies, Ltd. (“Wishpond”), their respective affiliates or subsidiaries (individually and collectively “Contest Entities”), their advertising agencies, and immediate family members (defined as spouse, domestic partner, children, siblings, parents, grandparents, grandchildren and step family members) and/or people living in the same household (related or not) are not eligible to enter.
- VOTING: During the Entry/Voting Period, participants may vote for their favorite Entry by clicking the voting button next to each such Entry. Each vote submitted will equal one (1) vote. The Winner will be determined by the greatest number of votes. Voting or the number of votes an Entry receives does not guarantee the Winner. Sponsor has sole and final determination of each Winner in this Contest.
4. NOTIFICATION AND CLAIM OF GRAND PRIZE: Sponsor will notify the potential Winner (based on the information in Entry) via email within three (3) business days after the random drawing is held. Once the Winner has passed a criminal background check the Winner will be officially announced on the DeWalt Facebook page on August 28, 2017. THE POTENTIAL WINNER MUST RESPOND TO SPONSOR, CLAIM AND ACCEPT THE GRAND PRIZE BY RETURNING THE REQUIRED DOCUMENTS TO SPONSOR WITHIN TEN (10) BUSINESS DAYS FROM THE DATE THE FIRST NOTIFICATION IS SENT -- FAILURE TO DO SO WILL RESULT IN A FORFEITURE OF THE PRIZE. The potential Winner must legibly complete, personally sign and deliver to Sponsor the following items no later than the time period stated above: (a) an IRS tax form W-9; and (b) a notarized Affidavit of Eligibility, Liability/Publicity Release (“Winner’s Affidavit”), except where prohibited by law. Failure by the potential Winner to timely provide such required items and information will result in disqualification and forfeiture of the Grand Prize. Sponsor shall have no liability for any Grand Prize winning notification that is lost, intercepted or not received by the potential Winner for any reason. If, despite reasonable efforts (3 attempts) by Sponsor, the potential Winner cannot be contacted or fails to respond to accept and claim the Grand prize as required or if the Grand prize notification is returned as unclaimed or undeliverable, such potential Winner will be disqualified and forfeits the Grand Prize. If the potential Winner is found to be ineligible, has not complied with these Official Rules, declines any part of the Grand Prize or does not return the required documents to Sponsor, and/or any Prize supplier(s), such potential Winner will be disqualified and forfeit the Grand Prize. If the potential Winner is disqualified or forfeits the Grand Prize, Sponsor shall select an alternate potential Winner from amongst all remaining eligible Entries.
AN ENTRANT IS NOT THE WINNER OF THE GRAND PRIZE UNTIL ENTRANT'S ELIGIBILITY HAS BEEN VERIFIED, PASSED A CRIMINAL BACKGROUD CHECK, EXCEPT WHERE PROHIBITED BY LAW AND THE ENTRANT HAS BEEN ADVISED BY SPONSOR THAT VERIFICATION IS COMPLETE.
5. GRAND PRIZE: The Winner must accept, claim and take possession of the complete Grand Prize described below or he/she will forfeit the Grand Prize in its entirety. The Grand Prize will be comprised of the following:
- A trip to the 2017 PBR World Finals comprised of a four (4) day, three (3) night trip for two (2) persons in Las Vegas, NV scheduled for November 3, 2017 through November 6, 2017 (“Trip”). The approximate retail value (“ARV”) of the Trip is $3,900 USD. Actual Trip dates will be finalized by Sponsor prior to the Winner’s travel. The Trip will include: roundtrip economy/coach air transportation on a carrier of Sponsor’s choice between the Winner’s nearest major airport and McCarran International Airport (if the Winner lives within 100 miles of Las Vegas, NV, Sponsor has the right to instead provide the Winner and travel companion with ground transportation); accommodations for two (2) people for three (3) nights (one (1) room (double-occupancy) at a hotel of Sponsor’s choice; transportation to and from the hotel to McCarran International Airport while in Las Vegas; tickets to the 2017 PBR Event for Saturday November 4, 2017 and Sunday November 5, 2017, including pre-PBR Event Hospitality passes for Saturday November 4, 2017 only, one (1) Montana Silversmith Buckle, one (1) DeWalt PBR Gift Bag, and $600 Spending Money $300 for the Winner and $300 for the travel companion). All expenses associated with Prize receipt and/or use not expressly described in these Official Rules as included in the Grand Prize are the sole responsibility of the Winner and travel companion. The Trip does NOT include: upgrades in airfare; travel insurance; travel arrangements to and from home airport; transportation to and from the 2017 PBR World Finals event location, additional hotel night(s) stay; additional hotel room(s); meals; additional guest(s); gratuities; baggage fee(s); any other travel-related expense(s) and/or incidental cost(s). Prior to the Trip, the Winners travel companion will be required to return to Sponsor or RSM a personally signed liability and publicity release form. The travel companion must be age 21 or older. Sponsor shall not be responsible for any lost, misplaced, stolen, expired, unclaimed travel vouchers, unused tickets, passes, etc. The Winner and travel companion must assume all of the risk of injury, death or other losses or damages arising out of participation in the Trip. The Trip is subject to all terms and conditions contained on the front and back of travel vouchers, tickets, passes, etc. In the event the actual value of the Trip awarded is less than $3,900 USD, the Winner will not receive the balance in cash, credit or otherwise. The Winner and travel companion agree to comply with all applicable rules and regulations in connection with the Grand Prize. Contest Entities reserve the right to remove or deny Entry to the Winner and/or travel companion who engage in a non-sportsmanlike or disruptive manner or with intent to annoy, abuse, threaten or harass any other person while participating in the Trip. Due to the dates of the Trip, the potential Winner and travel companion must respond promptly to Sponsor, RSM and/or their agents/designees and provide all required documents, items information by stated deadlines; if the Winner and/or travel companion do not timely respond such that Sponsor and/or its agents are unable to make necessary arrangements for the Trip, the Winner will be disqualified and forfeit the Grand Prize in its entirety.
- A check issued by Sponsor to the Winner in the amount of $600 to help offset any tax-related expenses the Winner may incur in connection with the Grand Prize. The check will be mailed to the Winner at his/her street mailing address (cannot ship to a post office box) via regular ground mail approximately 10 weeks after the claims and accepts the Grand Prize.
The approximate retail value (“ARV”) of the entire Grand Prize is $4,500 USD.
The Winner and travel companion must travel on the identical itinerary. Travel must originate from and end at the same airport. The Winner and travel companion may be required to provide appropriate government issued photo identification (such as a valid passport) at time of travel. The Winner and travel companion are solely responsible for determining and obtaining all necessary travel documents and other travel requirements. No changes will be made to travel details once any portion of travel arrangements have been made, except at Sponsor’s sole discretion. Sponsor is not responsible for changes in schedule of any element of the Grand Prize, and Sponsor is not liable for any expenses incurred as a consequence of flight cancellation/delay.
The ARV/MSRP stated represent Sponsor’s good faith determination of the retail value and is final and binding and cannot be challenged or appealed. The Grand Prize is non- transferable, non- assignable, not redeemable for credit or cash (except for the check) and no substitutions of the Grand Prize (or any part) will be made except that Sponsor reserves the right to substitute the Grand Prize (or any part of) for a Prize (or part) of equal or greater value for any reason at its sole and absolute discretion. No more than the above stated Grand Prize will be awarded. The use of any Prize manufacturer’s name or trademark in connection with the Grand Prize is solely for the purpose of describing such Prize and is not intended to suggest any affiliation or sponsorship. All trademarks and trade names are the property of their respective owners. Income and other taxes on the Grand Prize are the sole responsibility of the Winner. THE WINNER IS ADVISED TO SEEK INDEPENDENT COUNSEL REGARDING THE TAX IMPLICATIONS OF ACCEPTING THE GRAND PRIZE. An IRS tax form 1099 will be issued to the Winner for the value of the Grand Prize.
6. ENTRY CONDITIONS AND RELEASE: BY ENTERING THIS CONTEST, EACH ENTRANT AGREES for entrant and for entrant’s heirs, executors, administrators, representatives, insurers and assigns: (A) to release and hold harmless Contest Entities, Contest Prize suppliers, any other organization responsible for sponsoring, fulfilling, administering, advertising or promoting this Contest, and each of their respective past and present officers, directors, employees, agents, representatives, dealerships, distributors, franchisees, designees, owners, shareholders, members, managers, parent companies, subsidiaries and affiliates (individually and collectively, “Released Parties”) from and against any and all claims, expenses, liabilities, personal injury, death, illness, property loss, litigation or damages of any kind to persons and/or property (including but not limited to invasion of privacy under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory, defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights) that may occur, directly or indirectly, whether caused by negligence or not, arising out of such Entrant’s Entry in this Contest and/or such entrant’s claim, acceptance, possession, use and/or misuse of the Grand Prize (or any part of the Grand Prize) awarded including but not limited to any travel or activity related; (B) to indemnify, defend and hold harmless Released Parties from and against any and all claims, expenses and/or liabilities (including reasonable attorneys fees) arising out of or relating to such Entrant’s Entry in this Contest and/or entrant’s acceptance, use and/or misuse of the Grand Prize; (C) to be bound by these Official Rules, to waive any right to claim any ambiguity or error in this Contest itself, and to be bound by all decisions of Sponsor which are final and binding in all respects; and (D) Released Parties are not responsible or liable for any error, omission, interruption, defects, delay, theft, destruction or unauthorized access to or alteration of the Designated Landing Page or Entries or for any malfunctions of the telephone network, computer Internet system, computer dating mechanism, computer equipment, software, or any combination of. Sponsor Professional Bull Riders, LLC (“PBR”), Wishpond, and RSM shall have no responsibility for failed attempts to contact the potential Winner. Released Parties are not responsible for, and entrant releases the Released Parties from, any claims arising from: (i) lost, late, illegible, mutilated, misdirected, damaged, corrupted, inaccessible, inaccurate or incomplete Entries, Entries not received by the time designated for the end of this Contest, or for any electronic or human error that may occur in the processing of Entries or in the administration of this Contest; (ii) technical failures of any kind, including but not limited to the malfunctions or interruptions of any computer, equipment, cable, network, hardware or software, programming, or failure of an email on account of technical problems or traffic congestion on the Internet at any website or Designated Landing Page; (iii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iv) unauthorized human intervention in the Entry process or technical or human error which may occur in the administration of or processing of Entries in this Contest; (v) any injury or damage to persons or property, including but not limited to entrant’s computer, hardware or software, including which may be caused, directly or indirectly, in whole or in part, from Entrant’s Entry in this Contest; (vi) theft, tampering, destruction, or unauthorized access to, or alteration of entries; and/or (vii) use and/or misuse of the Grand Prize (or any part) awarded. Sponsor is not responsible for any electronic or typographical errors in the printing, advertisement or reproduction of these Official Rules, in any advertisement or promotional material related to this Contest (print or online) or in administration of this Contest including but not limited to depiction of the Grand Prize (or any part) or announcement of the Winner. The Winner’s Affidavit will include the following: IN EXCHANGE FOR MY RECEIPT AND ACCEPTANCE OF THE GRAND PRIZE, I HEREBY, FOR MYSELF, HEIRS, REPRESENTATIVES, INSURERS AND ASSIGNS, WAIVE AND RELEASE AND FOREVER DISCHARGE ANY AND ALL RIGHTS AND CLAIMS I MAY HAVE AGAINST RELEASED PARTIES FOR ANY MATTER, CAUSE OR THING WHATSOEVER WITH RESPECT TO, OR ARISING AS A RESULT OF, MY ENTRY IN, PARTICIPATION IN AND/OR STATUS AS THE WINNER OF THE CONTEST.
7. PUBLICITY RELEASE: Acceptance of the Grand Prize in this Contest constitutes the Winner's permission for Contest Entities and/or their designees to use the Winner's name, testimonial, personal exposition (and/or any edited portion of), photograph, image (still and/or video), likeness, audio, voice, biographical information, statements, address (city and state) and/or Grand Prize information (collectively, "Attributes") for promotional, advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter devised, in perpetuity, without compensation or notice to or further consent of (except where prohibited by law) and the Winner agrees to release Contest Entities and/or their designees from all claims arising out of the use of such Attributes.
8. DISQUALIFICATION/FORCE MAJEURE: Sponsor reserves the right to modify, extend, suspend, or terminate this Contest if it determines, in its sole discretion, that this Contest is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of this Contest as contemplated here. In the event an insufficient number of eligible Entries are received and/or Sponsor is prevented from awarding the Grand Prize or continuing with this Contest as contemplated here by any event beyond its control, including but not limited to fire, flood,natural or man-made epidemic of health or other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal, state or local government law, rule, order or regulation, public health crisis (e.g. SARS), order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then Sponsor shall have the right to modify, suspend, or terminate this Contest. If this Contest is terminated before the designated end date, Sponsor will (if possible) select the potential Winner in a random drawing from all eligible, non- suspect Entries received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances.
- DISPUTES AND CHOICE OF LAW: Except where prohibited, each entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Contest or the Grand Prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate federal or state court of Maryland; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred but in no event attorneys' or legal fees; and (iii) under no circumstances will entrant be permitted to obtain awards for, and each entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Sponsor in connection with this Contest shall be governed by, and construed in accordance with, the laws of the State of Maryland without giving effect to any choice of law or conflict of law rules (whether of State of Maryland or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Maryland.
- RELEASE OF CLAIMS (CALIFORNIA): Each entrant acknowledges that there is a possibility that, subsequent to their involvement with this Contest and adherence to these Official Rules they may discover facts or incur or suffer claims which were unknown or unsuspected at the time agreeing to these Official Rules, and which if known by them at that time may have materially affected their decision to enter this Contest. Such entrants acknowledge and agree that by reason of these Official Rules, and the release contained in the preceding subsections, they are assuming any risk of such unknown facts and such unknown and unsuspected claims. Such entrants acknowledge that they have read these Official Rules and, as such, hereby have been advised of the existence of Section 1542 of the California Civil Code, which provides: “A general release does not extend to claims that the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
- GENERAL CONDITIONS: Sponsor reserves the right to amend these Official Rules at any time and the amended Official Rules will be located on the Designated Landing Page. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that term. Headings in these Official Rules are for convenience of reference only, and do not form a part of this, and in no way define, limit, describe, modify, interpret or construe the meanings of Sponsor, the scope of these Official Rules, or intent of any paragraph of this. Failure to comply with these Official Rules may result in disqualification from this Contest at Sponsor’s sole and absolute discretion. Any attempt by an entrant or other individual to deliberately undermine the legitimate operation of this Contest may be a violation of criminal and civil laws, and should such an attempt be made, Sponsor reserves the right to seek damages and other remedies by such entrant or individual to the fullest extent permitted by law.
- OFFICIAL RULES; WINNER’S NAME: To obtain a copy of these Official Rules or name of Winner, send a self-addressed envelope to 2017 DEWALT SHOW US YOUR TOUGH CONTEST, 701 E. Joppa Road, Mail Stop No. TW230, Towson, MD 21286 – Attn.: J. Greene. Specify whether you are requesting the Official Rules or the Winner’s name. All such requests must be post-marked by October 20, 2017.
PBR is a registered trademark of Professional Bull Riders, LLC. All rights reserved.