Official Contest Rules
STANLEY BLACK & DECKER MAY 2017 SWEEPSTAKES
NO PURCHASE NECESSARY TO ENTER OR WIN. YOU MUST BE A USA LEGAL RESIDENT TO ENTER THIS SWEEPSTAKES.
1. ELIGIBILITY. This Sweepstakes is open only to persons who meet all of the following requirements: age 18 or older; legally reside in 1 of the 50 USA states or Washington, D.C.; and receive an email request from Sponsor to participate in the Stanley Black & Decker May 2017 Sweepstakes online survey attached during the Entry Period. Employees of Sponsor, Stanley Black & Decker, Inc., their respective affiliates (hereinafter “Sweepstakes Entities”), the immediate family members (spouse, children, siblings, parents, grandparents, grandchildren and step family members) and people living in same household (related or not) of each are not eligible to enter.
2. HOW TO ENTER. Each entrant must enter this Sweepstakes, during the Entry Period only, as follows: (A) agree to these Official Rules; (B) complete the online survey (“Survey”); and (C) each Survey will be accepted by Sponsor as a valid “entry” once you (entrant) have provided the required information in the Survey and submitted the entry and when you (entrant) see the last screen of the Survey that states “you have been entered into the random drawing in connection with this Sweepstakes.“ If you (entrant) do not receive this acknowledgement, your survey will not be a valid entry in this Sweepstakes (and therefore will not be entered into the random drawing). Limit one (1) entry per person. Multiple participants are not permitted to share the same email address. All entries become the sole and exclusive property of Sponsor and will not be returned. Sponsor reserves the right to contact entrants and all other individuals whose email address is submitted as part of this promotion. Any Survey submitted after the Entry Period will not be a valid or eligible entry for this Sweepstakes. All information, statements and entry materials submitted with the Survey must be entered at one time, and once an entrant submits their Survey, it cannot be changed. By completing and submitting a Survey, each entrant receives one (1) entry in this Sweepstakes. Each entrant must own or have the rights to all information, statements and materials submitted with their Survey and hereby assigns to Sponsor the ownership rights to all such submitted materials. By accepting the terms and conditions herein, each entrant authorizes Sponsor to publish the Survey (or any part thereof) on its website www.StanleyTools.com (“Website”) or otherwise use the materials in Sponsor’s marketing, advertising and researching of consumer decisions. All information, statements and materials submitted with the Survey must only consist of the entrant and must not include any non-participating individuals or entities. The information, statements and entry materials submitted with each Survey may be published and posted on the Website and publicly available. If you do not want your PERSONAL information, STATEMENTS AND/OR ANY OTHER entry/SURVEY materials used in the manner described herein, do not enter this SWEEPSTAKES. All submitted Surveys become the property of Sponsor and will not be returned and may not be acknowledged. The Surveys will be reviewed for content by Sponsor prior to publishing or posting on the Website. Sponsor reserves the right, in its sole and absolute discretion, to (a) correct grammatical errors or misspellings in the cases where an entrant’s meaning cannot be understood, before posting or publishing the Survey material, or (b) to not post or publish them at all. Entries made by any other individual or any entity, including but not limited to commercial sweepstakes subscription notification and/or entering services, will be declared invalid and disqualified for this Sweepstakes. Tampering with the entry process or the operation of the Sweepstakes is prohibited and any entries deemed by Sponsor, in its sole and absolute discretion, to have been submitted in this manner will be void. Any attempt by any participant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that participant’s plays and that participant may be disqualified. Entries generated by a script, macro, or other automated means will be disqualified. Entries that are incomplete, garbled, corrupted, or unintelligible for any reason, including, but not limited to, computer or network malfunction or congestion, are void and will not be accepted. In case of a dispute over the identity of an entrant, the authorized account holder of the email address used to enter will be deemed to be the entrant. “Authorized account holder” is defined as the person who is assigned to an email address by an internet access provider, online service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address. Any Survey/entry will be disqualified if it is illegible, forged, falsified, altered or improperly tampered with in any way.
3. RANDOM DRAWING: The random drawing will be held on Thursday, May 18, 2017 and the three (3) entries drawn will each be declared a potential “Winner”. The drawing will be conducted by a representative of Sponsor and entrants need not be present to win. Each potential Winner will be notified by Sponsor within five (5) days after the random drawing is held. Odds of winning depend on the number of eligible Surveys (“entries”) received. Failure by a potential Winner to claim and accept the prize within ten (10) days after the first notification attempt by Sponsor will result in a forfeiture of prize. Sponsor shall not be responsible for any unsuccessful attempts to notify a potential Winner. Each potential Winner will be required to complete, sign and return to Sponsor an Affidavit of Eligibility and Liability/Publicity Release (“Affidavit and Release”) within ten (10) days after the first notification attempt, except where prohibited by law, or forfeit prize.
4. PRIZE: The prize is one (1) $25.00 Amazon.com Gift Card. The total retail value of all prizes to be awarded is $75.00. The prize will be mailed to each Winner up to six (6) weeks after Sponsor has received Winner’s signed Affidavit and Release. Sponsor reserves the right to substitute the prize for one of equal or greater value, at its sole and absolute discretion. The prize is non-transferable, not redeemable for cash and subject to the restrictions contained on the card. All income and other taxes (federal, state and local) on the prize are the sole responsibility of each Winner. If unclaimed, prize will not be awarded. If a potential Winner is determined to be ineligible or is otherwise disqualified from this Sweepstakes, Sponsor may, but shall not be required to, select an alternate Winner from amongst all remaining eligible Entries. AN ENTRANT IS NOT A WINNER OF A PRIZE UNLESS AND UNTIL THE ENTRANT'S ELIGIBILITY HAS BEEN VERIFIED. The use of prize manufacturer’s name or trademark in connection with the 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.
5. ENTRY CONDITIONS. Sponsor is not responsible for any costs or expenses incurred by entrants in connection with entering this Sweepstakes or claiming or using the prize awarded. All decisions related to this Sweepstakes and the operation thereof, including these Official Rules, are at the sole and absolute discretion of Sponsor and are final. By entering this Sweepstakes, each entrant assumes all of the risk of injury, death, damages or other losses and/or claims arising out of their entry and/or their acceptance, use or misuse of the prize awarded. Each entrant agrees to release, hold harmless, defend and indemnify SWEEPSTAKES ENTITIES, Sweepstakes prize supplier(s) and each of their respective past and present employees, officers, directors, shareholders, agents, representatives, subsidiaries, parent companies, distributors, franchisees or designees from and against any and all damages, losses, injuries, claims, damages, liabilities (direct and indirect) or other losses and/or claims arising out of the entrant’s entry in this Sweepstakes or resulting from the entrant’s acceptance, use or misuse of the prize awarded. Sponsor shall not be responsible for (i) lost, late, damaged, misdirected, incomplete, illegible Surveys or entry materials, submissions not received by Sponsor during Entry Period; (ii) technical failures, malfunctions, interruptions, deletions, or defects of any kind or to any telephone network, computer system, computer equipment, servers, service providers or software; (iii) theft, tampering, alteration, destruction, or unauthorized access to or alteration of any Survey, entry, entry materials, submissions, entry site or Website; (iv) any human error that may occur in the processing of the Entries or in the administration of this Sweepstakes or unauthorized human intervention in any part of the entry process in this Sweepstakes. Any attempt by an entrant or other individual to deliberately undermine the legitimate operation of this Sweepstake 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 participant or individual to the fullest extent permitted by law. Entrants acknowledge and agree that Sponsor may share any and all information collected through the Sweepstakes from time to time with its affiliated companies, and any third parties providing services on their behalf to administer this Sweepstakes. Sponsor reserves the right to disqualify any participant who circumvents, or attempts to circumvent, these Official Rules or the spirit of Sweepstakes. All references to “entries,” “survey form,” “survey,” “submitted materials,” “submissions,” “entry materials,” “information” and “statements” comprise the Survey and may be used herein interchangeably with Survey, in lower and upper case letters, singular and plural. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. Headings of paragraphs in these Official Rules are for the convenience of reference only, and do not form a part hereof, and in no way define, limit, describe, modify, interpret or construe the meanings of Sponsor, the scope of these Official Rules, or the intent of any paragraph hereof. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Sponsor is not responsible for any electronic or typographical error in the printing or reproduction of these Official Rules or any Survey or Sweepstakes-related materials, including but not limited to print or online advertising. In the event of any discrepancy or inconsistency between these Official Rules or other statements contained in any Sweepstakes-related materials, including but not limited to print or online advertising, these Official Rules shall prevail, govern and control. Sponsor reserves the right to amend these Official Rules at any time.
6. PUBLICITY RELEASE. Acceptance of a prize constitutes each Winner's permission for Sweepstakes Entities to use the Winner's name, photograph (still or video), image, likeness, voice, biographical information, testimonial (in whole or part), personal exposition (and/or any edited portion thereof), statements, address (city/state) and prize information (collectively, the "Attributes") for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter devised, in perpetuity, without further compensation or authorization (except where prohibited by law) and each Winner releases Sweepstakes Entities from all claims arising out of the use of such Attributes.
7. INTELLECTUAL PROPERTY. All Surveys and intellectual property rights related to Surveys submitted as part of this Sweepstakes, whether or not patentable, copyrightable, or protectable as a trademark, and all proprietary rights therefor (collectively “Intellectual Property”) shall be exclusively owned by Sponsor or its designated affiliate. Any Survey which may qualify as a work made for hire under copyright law (including, for example, 17 U.S.C. § 101) shall be considered a work made for hire, and Sponsor or its designated affiliate shall be the author and exclusive owner of such works. The entrant agrees to assign, and hereby does assign, all right, title and interest in all Intellectual Property and all works made for hire, and all proprietary rights therefor to Sponsor or its designated affiliate. IF YOU DO NOT WANT SPONSOR TO OWN YOUR SURVEY OR YOUR INTELLECTUAL PROPERTY, DO NOT PARTCIPATE IN THIS SWEEPSTAKES. Entrant shall sign, and shall cause any contributors to the Surveys to sign, all documents deemed necessary by Sponsor or its designated affiliate for applications for patents, trademarks, copyrights, or other proprietary rights in the U.S. and foreign countries related to the Intellectual Property (collectively “Applications”), including but not limited to, declarations, assignments, and affidavits. All attorney's fees and government costs relating to the Applications shall be paid by Sponsor or its designated affiliate. Sponsor and its affiliates shall have the discretion, independent of entrant, to decide whether to file or prosecute any Applications, or to otherwise obtain, maintain, or enforce the Applications or other proprietary rights for the Inventions. Sponsor and its affiliates shall have the right, at Sponsor’s expense and for Sponsor’s benefit to file suit against an infringer of any Intellectual Property and/or Application, in the name of Sponsor and/or its designated affiliate, or, if required by law, jointly with entrant. In such case, entrant consents to be a party and to cooperate with Sponsor and its affiliates in any such suit brought by Sponsor and its affiliates pursuant to this paragraph. All expenses in such suit, except entrant’s own legal expenses, will be borne entirely by Sponsor, and Sponsor will pay to entrant zero percent (0%) of any recoveries in such suit. Entrant will not implement or disclose any Survey, or any feature similar to any feature of any Survey or Intellectual Property on any products for any party other than Sponsor. Entrant represents and warrants that the entrant is the sole and exclusive owner of the Survey, that entrant has the legal power to submit the Survey and assign all right, title and interest in the Survey to Sponsor, as set forth herein, and that the Survey has not been unlawfully acquired or derived from any third party. Entrant agrees to hold harmless and indemnify Sponsor and its affiliates and their successors and assigns from and against all claims, damages, or expenses (including reasonable attorneys fees) resulting from any breach of the representations and warranties by entrant as set forth in paragraph.
8. RELEASE OF CLAIMS (CALIFORNIA). Each entrant acknowledges that there is a possibility that, subsequent to their involvement with the Sweepstakes 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 the Sweepstakes. 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.”
9. DISQUALIFICATION/FORCE MAJEURE. Sponsor reserves the right to modify, extend, suspend, or terminate this Sweepstakes if it determines, in its sole discretion, that this Sweepstakes 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 Sweepstakes as contemplated herein. In the event an insufficient number of eligible entries are received and/or Sponsor is prevented from awarding any prize or continuing with this Sweepstakes as contemplated herein 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, 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 Sweepstakes. If this Sweepstakes is terminated before the designated end date, Sponsor will (if possible) select the potential Winners in a random drawing from all eligible, non-suspect Surveys (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.
10. DISPUTES AND CHOICE OF LAW. Except where prohibited, each entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any of the prizes awarded shall be resolved individually, without resort to any form of class action; (2) 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 (3) unless otherwise prohibited, under no circumstances will entrant be permitted to obtain awards for, and 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 the parties in connection with this Sweepstakes shall be governed by, and construed in accordance with, the laws of the State of Connecticut without giving effect to any choice of law or conflict of law rules (whether of State of Connecticut or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Connecticut.
11. OFFICIAL RULES AND LIST OF WINNERS. For the Official Rules or List of Winners, send a self-addressed envelope to Stanley Black & Decker May 2017 Sweepstakes, 701 E. Joppa Road, MS #TW230, Towson, MD 21286, Attn.: S. Miller. Specify whether you are requesting the Official Rules or List of Winners.