TOOLBARN.COM “MILWAUKEE® DRILL-A-DAY” GIVEAWAY SWEEPSTAKES OFFICIAL RULES
Operator. The “Milwaukee® Drill-A-Day Giveaway” (the “Sweepstakes”) is offered by Toolbarn.com, Inc., 7820 L St, Omaha, NE 68127, and sponsored in part by the Milwaukee Electric Tool Corporation. Toolbarn.com is referred to in these Rules as the “Operator” of the Sweepstakes.
Term of Sweepstakes. The Sweepstakes will begin on November 30th, 2012 at 12:00 A.M. Central Standard Time (“CST”), and will end on December 24th, 2012 at 11:59 P.M. (“CST”) as determined by the clock on the computer equipment maintained by the Sweepstakes Operator.
Eligibility. Only legal residents who are 19 years of age or older as of November 30, 2012 are eligible to win prizes. Employees of Toolbarn.com, Inc., Tighton Tools & Fasteners, Milwaukee Electric Tool Corporation, or any of their affiliates, and the members of their immediate families (spouses and parents, siblings, children, and their spouses and in-laws) and persons living in the same household of such individuals (whether related or not) are ineligible to participate or win. A person may win only once during the contest period.
Legal Compliance. This sweepstakes is a “Gift Enterprise” as contemplated by Neb. Rev. Stat. § 9-701 (Reissue 2012), and will be conducted within the requirements of that Statute. The Sweepstakes is subject to all applicable federal, state and local laws and regulations, and is void where prohibited by law. To the extent that these rules conflict with any binding Nebraska or federal law, agency rule, regulation, administrative order, or judicial decision, the Sweepstakes shall be operated in a manner that the Operator deems to be in compliance with such legal requirements, even if such operation results in the exclusion of otherwise valid entries.
Method of Entry. Every person who completes a purchase of an eligible Milwaukee product over $25 before tax and shipping on Toolbarn.com will automatically be registered for the drawing corresponding with the date of purchase. Multiple purchases by the same person, email address, or billing address in a single day will only be counted as one entry.
Entries must be received during the entry period to be valid. Participants may not register with multiple email addresses nor may entrants use any other device or artifice to register multiple times or as multiple registrants. Any participant who attempts to enter with multiple email addresses under multiple identities or uses any device or artifice to register/play multiple times will be disqualified and forfeits any and all prizes won, at Sponsor’s discretion.
Entries become the property of the Operator and will not be acknowledged or returned. Use of any device to automate entry is prohibited. Proof of submission of an entry shall not be deemed proof of receipt by the Operator. For purposes of these official rules, “receipt” of an online entry will be solely determined when the Operator’s web server records the registration information. Any automated computer receipt (such as one confirming delivery of email or receipt of an order) does not constitute actual receipt of a registration form for purposes of these official rules. The Operator is not responsible for entries not received, incorrect or inaccurate information whether caused by Internet users, difficulty accessing the Internet, service outage or delays, computer difficulties, hardware, software, or program malfunctions, any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error, which may occur in the processing of the entries. Entries will be deemed to have been made by the authorized account holder of the email address submitted at the time of entry. The authorized account holder is the natural person who is assigned to the email address by an internet access provider, online service provider or other organization that is responsible for assigning an email address or the domain associated with the submitted email address. Multiple participants are not permitted to share the same email address. All entries submitted become the sole property of the Operator.
Entrants are required to provide truthful information, and the Operator will reject and delete any entry that it determines, in its sole discretion, to be false or fraudulent. The Operator will disqualify any entry from individuals who do not meet the eligibility requirements. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, THE OPERATOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
Prizes. A total of (25) Twenty-Five Milwaukee® M18™ Fuel 1/2” Drill/Driver Kits (SKU: 2603-22) will be given away at a rate of one per day. The Average Replacement Value (ARV) of each prize is $518 USD. Any difference between the stated approximate retail and actual value of prize will not be awarded.
No substitution, transfer or cash equivalent for prizes shall be allowed, except that the Operator may, at its sole discretion, substitute prizes or cash of equal or greater value.
Selection of Winners. Twenty-Five (25) potential winners will be selected by the Operator in a random drawing at the rate of one per day. The pool of entrants resets each day during the giveaway period. Each day during the sweepstakes period a winner will be selected from the entrants of the previous day. Odds of winning depend on the number of eligible entries received for the specific daily drawing. No more than the stated number of prizes will be awarded.
Award of Prizes. Prizes shall be awarded after verification of the winner’s eligibility. The winner must execute and return any required affidavit of eligibility and/or liability/publicity release to the Operator within thirty (30) days of winning or the prize will be forfeited. The Operator is not responsible for any change of email address, mailing address and/or telephone number or entrants. If a potential winner cannot be contacted, fails to sign and return the required affidavit of eligibility and/or liability/publicity release within the required time period, is otherwise disqualified, or if a prize or prize notification is returned as undeliverable, the potential winner shall forfeit the prize in its entirety and the Operator shall award the prize to an alternate winner. The alternate winner(s) shall be chosen at the end of the Sweepstakes, and drawn at random from all entries received during the term of the Sweepstakes, with each unique entrant receiving one entry.
Prizes will be shipped to the address specified by the winner. The first 10 winners' prizes will be shipped on Wednesday, December 12th, 2012. The remaining 15 winners' prizes will be shipped out on Thursday, December 27th, 2012. All prizes must be shipped to an address in the United States. Shipping dates shall be delayed for any winner that does not complete and return the required paperwork to verify their eligibility prior to the scheduled shipping date.
Use of Names. Winners of the Milwaukee Drill-A-Day Giveaway consent to let Toolbarn.com post their first name, last initial, and state of residence on social media channels, blogs, and the contest page. This information will be posted to identify them as the winner of the contest.
Taxes. Payments of all federal, state, and local taxes are solely the responsibility of the winner, regardless of whether prize is used, in whole or in part. The winner will be required to complete and submit an IRS Form W-9 with the winner’s full Social Security Number or the equivalent for receipt of any prize valued at $600 or more or for any prizes awarded by the Sponsor in a calendar year with an aggregate value of $600 or more. Failure to submit a complete W-9 or equivalent will result in forfeiture of the prize. Such winnings of $600 or more will be reported to the IRS.
By participating, entrants agree:
To abide by these Rules;
That decisions of the judges appointed by the Operator shall be final in all respects;
to release and hold harmless the Operator and Sponsors and each of their respective directors, officers, employees, agents, and representatives from any and all claims, demands, costs, expenses, liability, losses or damages of any kind resulting from their participation in the promotion or their acceptance, use or misuse of a prize, including liability for personal injury or death;
if a winner, except as prohibited by law, to the use of name, voice, likeness and/or photograph for advertising and publicity purposes without compensation (unless prohibited by law) and, where legal, to execute a specific consent or publicity release to such use if asked to do so, and to the announcement of their name, city and state;
that the Operator Sponsors have not made any representation, warranty or guaranty, in whole or in part, in law or in fact, relative to the prize;
under no circumstances will an entrant be permitted to obtain awards for, and hereby waives any claim to any punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses;
all causes of action arising out of or connected with this Sweepstakes or any prize awarded, shall be resolved individually, without resort to any form of class action;
any claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs; and
any dispute under these Rules or concerning the operation of the Sweepstakes shall be heard exclusively in the courts of Douglas County, Nebraska.
Force Mejure. If for any reason this Sweepstakes cannot be executed as planned, including, but not limited to, as a result of infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, or any other force mejure or causes beyond the control of the Operator that corrupt or affect the security, administration, fairness, integrity or proper conduct of the Sweepstakes, or if the Sweepstakes is compromised or becomes technically corrupted in any way, electronically or otherwise, the Operator reserves the right to cancel, terminate, modify, or postpone the Sweepstakes. If the Sweepstakes is terminated before the original end date, the Operator will select the winners by random drawing from among all eligible non-suspect entries received as of the termination time/date.
Disqualification of Entrants. The Sponsor, in its sole discretion, reserves the right to disqualify any person tampering with the entry process or the operation of the Sponsor’s website. Failure to comply with the rules of the Sweepstakes may result in am entrant’s disqualification and/or forfeiture of any prize or prizes. If the Operator makes a good faith determination that an entrant has cheated or committed fraudulent activity in connection with a Sweepstakes, the Operator reserves the right to disqualify that entrant from entering and/or winning future Sweepstakes and to prosecute and seek damages to the fullest extent permitted by law.
Errors. The Sponsor is not responsible for typographical or other errors in the printing, the offering or the administration of the Sweepstakes or in the announcement of a prize.
Obtaining Information. For a copy of these Official Rules, send a self-addressed stamped envelope for receipt by December 30th, 2012 to “Toolbarn.com Milwaukee Drill-A-Day Giveaway – Official Rules,” Attn: Web Content, 7820 L St, Omaha, NE 68127. For the names of the prize winners send a self-addressed stamped envelope for receipt by December 30th, 2012 to the above address marked “Milwaukee Drill-A-Day Giveaway – Winner List.” The Official Rules and the Winner List (when completed) shall also be available during regular business hours at the main offices of the Sponsor.
Applicable Law. This Sweepstakes is to be held in Omaha, Douglas County, Nebraska, and governed by the laws of the State of Nebraska. By entering, entrants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, participant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Nebraska without giving effect to any choice of law or conflict of law rules.