NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.
WRENCHWORKZ TOOLBOX GIVEAWAY #2
Sponsored by WrenchWorkz (herein “Sponsor”)
OPEN ONLY TO INDIVIDUALS WHO ARE LEGAL RESIDENTS OF AND CURRENTLY RESIDING WITHIN THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA (“D.C.”), WHO ARE EIGHTEEN (18) YEARS OF AGE OR OLDER AS OF THE TIME OF ENTRY. VOID WHERE PROHIBITED BY LAW. THIS SWEEPSTAKES IS GOVERNED BY UNITED STATES LAW. DO NOT ENTER IF YOU ARE NOT LOCATED IN ONE OF THE FIFTY (50) UNITED STATES OR D.C. AT TIME OF ENTRY.
1. Sweepstakes Period: The WrenchWorkz Toolbox Giveaway #2 (“Sweepstakes”) begins on November 12, 2020 at 12:00:00 a.m. Central Time (“CT”) and ends on December 6, 2020 at 11:59:59 p.m. CT (“Sweepstakes Period”). Sponsor’s website is the official time-keeping device for the Sweepstakes.
2. Eligibility: The Sweepstakes is open only to legal residents the 50 United States and D.C., who are 18 years of age or older as of the time of entry. Employees, officers and directors of Sponsor and its affiliates, subsidiaries, distributors, suppliers and advertising and promotion agencies associated with the Sweepstakes, and members of the immediate families (defined as including spouse, biological, adoptive and step-parents, grandparents, siblings, children and grandchildren, and each of their respective spouses, regardless of where they reside) or households (whether related or not) of any of the above are NOT eligible to participate in the Sweepstakes. Non-eligibility or non-compliance with any of these Official Rules may result in disqualification. Sweepstakes is void in where prohibited by law. The Sweepstakes is subject to United States law. 3. How To Enter: To enter, make a purchase on https://www.wrenchworkz.com (“Website”) during the Sweepstakes Period and automatically receive one (1) entry for every $10 dollars spent (rounded down to the nearest $10), excluding tax and delivery (each a “Qualified Purchase”). Example: if you purchase a WrenchWorkz hat for $35, you will receive three (3) entries. All Qualified Purchases must occur during the Sweepstakes Period to receive automatic entry.
To enter without purchase, hand-print your name, address, city, state/province/territory, ZIP code/postal code, e-mail address (if available), daytime phone number (including area code), and date of birth on a 3" x 5" card, and mail in a business-size (#10) envelope with proper postage affixed to: WrenchWorkz Giveaway, P.O. Box 50442, Bowling Green, KY 42102. For each mail-in entry received, entrant will receive six (6) entries. All mail-in entries must be postmarked by December 7, 2020 and received by December 12, 2020 to be eligible. Each entry request must be mailed separately. No typed, computer printed, mechanically reproduced, photocopied, illegible, or incomplete entries will be accepted, and all such entries will be void. No robotic, programmed, script, macro or other automated entries (collectively “Automated Entries”).
Automated Entries or entries that have been tampered with will result in disqualification of all such entries. Released Parties (as defined in Rule 7 below) are not responsible for lost, late, stolen, misdirected, damaged, illegible, incomplete, or postage-due entries or mail. Incomplete or illegible entries will not be acknowledged and will not be included in the Sweepstakes drawing. All entries submitted become the property of Sponsor and will not be returned. Submission of an entry is subject to, and all entrants must comply with, all policies, terms and conditions set forth in these Official Rules. Proof of submission does not constitute proof of receipt. Only the person associated with the Qualified Purchase or the person identified in a mail-in entry may be entitled to a prize. In the event of a dispute as to who received entry resulting from a Qualified Purchase, the name of the “authorized account holder” associated with the email account provided at time of Qualified Purchase will be deemed to be the entrant as long as such person is eligible and in compliance with these Official Rules. The authorized account holder of the email address is defined as 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 email addresses or the domain associated with the submitted email address. Qualified Purchase(s) must be completed by 11:59:59 p.m. CT on December 6, 2020 to count toward entry into the Sweepstakes drawing. Any entry that does not comply with these requirements, in the sole opinion of the Sponsor, may be disqualified.
4. Drawing/Odds of Winning: To be eligible for the Sweepstakes drawing, an eligible entry must be received (or, with respect to mail-in entries, postmarked) in accordance with the deadlines set forth herein. Sweepstakes drawing will be conducted on or about December 13, 2020 (the “Drawing Date”) by the Sponsor whose decisions shall be final in all matters relating to the Sweepstakes. One (1) potential winner will be selected at random from among all eligible Entries. Odds of winning the Sweepstakes prize will depend on the total number of eligible entries received by both entry methods combined.
5. Prize and Approximate Retail Value (“ARV”): One (1) Prize: Winner will receive a 55” tool box including an assortment of tools (“Prize”). Approximate retail value (“ARV”): $4,900. Any difference between the estimated value and the actual value of the Prize will not be awarded. All other costs related to Prize acceptance and use are the responsibility of the winner. Winner is solely responsible for all federal, state, and local taxes associated with Prize receipt regardless of whether Prize is used in whole or in part. No transfer, assignment, cash redemption, or substitution of Prize is permitted, except by Sponsor, who reserves the right to substitute the Prize (or portion thereof) for a prize of comparable or greater value, in Sponsor’s sole discretion. All Prize details are in Sponsor’s sole discretion. In no event, shall Sponsor’s Prize liability exceed the ARV of the Prize.
6. Winner Notification/Prize Award/Publicity Consent: No entrant is deemed a winner until his/her eligibility has been verified and it is determined that he/she has complied with all terms of these Official Rules. As soon as reasonably practicable following the Drawing Date, potential winner will be notified by Sponsor or Sponsor’s agent via email and/or phone, and will be required to complete an Affidavit of Eligibility and Release of Liability and Publicity (where permitted) (“Affidavit”). Affidavit must be completed and returned by the potential winner within seven (7) days from date the Affidavit is issued. If a potential winner is 18 years of age but considered a minor in his/her jurisdiction of residence, such potential winner’s parent or legal guardian must complete the Affidavit on such minor’s behalf. Failure by a potential winner to return the Affidavit within the time-period stated above will result in disqualification and the prize will be awarded to an alternate winner. Failure of a potential winner to comply with the above prize claim requirements for any reason, or the return of any prize notification as undeliverable, or the determination that a potential winner is ineligible to receive a prize, will result in forfeiture of the prize and may result in an alternate winner being selected in accordance with these
Official Rules. No messages will be left on answering machines or voice mail systems. All entries become property of Sponsor and will not be returned. By accepting the Prize, winner grants Sponsor and Sponsor’s agents, the right to use his/her name and likeness in advertising, publicity and promotion without further compensation or permission, except where prohibited by law. Sponsor is not responsible for technical difficulties with telecommunications systems beyond its control or for change to a potential winner’s mailing address, email address, and/or phone number. If prize-related communication is returned as undeliverable, prize will be forfeited.
7. General: By participating, entrants agree to abide by and be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all matters. To the maximum extent permitted in pursuant to applicable law, entrants further agree to release, discharge and hold harmless Sponsor, its affiliates, subsidiaries, distributors, suppliers and advertising and promotion agencies associated with the Sweepstakes, and all other service agencies involved with the design, execution or fulfillment of this Sweepstakes, and the respective directors, officers, agents and employees of each of the foregoing (collectively, the “Released Parties”) from and against any liability, claims, losses and damages of any kind, including death, to persons or property, arising out of, or relating to, their participation in this Sweepstakes and the acceptance, use, misuse or possession of, or inability to claim or receive, the Prize (if applicable), including as set out in Rule 9, below. Entrants who Sponsor determines to have not complied with these Official Rules are subject to disqualification. Sponsor reserves the right, at its sole discretion, to disqualify any entrant from this Sweepstakes or any other promotion conducted now or in the future by Sponsor or any of its affiliates if Sponsor suspects or finds entrant to be: (a) violating the Official Rules; (b) tampering or attempting to tamper with the entry process, the operation of the Sweepstakes and/or the Website; (c) acting in a disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person; or (d) attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unfair playing practices or intending to annoy, abuse, threaten or harass any other entrants, Sponsor or Sponsor’s representatives. ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR MAY DISQUALIFY ANY SUCH INDIVIDUAL AND RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING LAWYERS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW, AND TO BAN OR DISQUALIFY AN ENTRANT FROM THIS AND FUTURE PROMOTIONS. All materials submitted become the property of Sponsor and will not be returned. By entering, entrants agree that: (a) all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, participants’ rights and obligations, and the rights and obligations of the Sponsor in connection with the Sweepstakes, will be governed by, and construed in accordance with, the laws of the United States.
8. Binding Arbitration: Subject to applicable laws, any controversy or claim arising out of or relating to the Sweepstakes shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Kentucky law consistent with the Federal Arbitration Act and applicable statutes of limitations and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees
in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty (60) days after the demand for arbitration is made, unless further extended by mutual agreement of the parties.
SUBJECT TO APPLICABLE LAWS, THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES. BY PARTICIPATING IN THE SWEEPSTAKES, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR THE PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) TO THE EXTENT ALLOWED BY APPLICABLE LAW, ENTRANT WILL NOT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONETARY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW MANDATORY ARBITRATION, WAIVER OF CLASS ACTIONS, THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO RELEVANT PORTIONS OF THE ABOVE MAY NOT APPLY TO EVERY ENTRANT.
By entering, entrants agree that: (a) all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrants’ rights and obligations, and the rights and obligations of the Sponsor in connection with the Sweepstakes, will be governed by, and construed in accordance with, the laws of the Commonwealth of Kentucky in the United States, without giving effect to any choice of law or conflict of law rules (whether of Kentucky or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than Kentucky; and (b) any matters or proceedings which are not subject to arbitration as set forth above in this Section 8 of these Official Rules, and/or are related to entering any judgment on an arbitration award, shall take place in the Commonwealth of Kentucky in Warren County.
9. Limitation of Liability: To the maximum extent permitted in pursuant to applicable law, the Released Parties do not assume any responsibility for, and the entrant hereby releases and agrees to hold the Released Parties harmless from and against, any and all claims, actions, damages, demands and liabilities of whatever nature or kind arising out of, or in connection with, the entrant’s participation or attempted participation in the Sweepstakes, including, without limitation, the administration of the Sweepstakes, the selection and confirmation of the winner, and the arranging for, awarding of and use of the Prize or portion thereof, and any inability, restriction or other limitation that prevents the winner from claiming or receiving the Prize (including without limitation any regulation, rule, order or other edict from a public authority related to COVID-19). Without limiting the generality of the foregoing, the Released Parties are not responsible for (a) the incorrect or inaccurate capture of entry information for any reason; (b) late, lost, stolen, damaged, misdirected, garbled or incomplete entries, transmissions or transactions, entries that are altered or otherwise irregular, have been submitted through illicit means or do not conform with or satisfy any or all of the conditions of these Official Rules; (c) any loss, damage, or claims caused by, or in any way related to, the awarded Prize or the Sweepstakes itself; (d) failure of the Website or any website associated with this Sweepstakes, or any operations or transmission of information during the Sweepstakes Period, including, without limitation, any problems, human, production or technical errors, lost, delayed, garbled or corrupted data or transmissions, omissions, interruptions, deletions, defects or failures of any telephone or transmission lines, technical malfunctions of any computer on-line systems, servers, access providers, computer equipment, software, failure of any e-mail or entry to be received on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof including, without limitation, any injury or damage to an entrant’s or any other person's computer related to or resulting from participating in or downloading any material connected to the Sweepstakes, all of which may affect a person’s ability to participate in the Sweepstakes; (e) any typographical or other error or omission in any printing or advertising relating to the Sweepstakes, in the administration or execution of the Sweepstakes, or in the announcement or notification of the winner; (f) the security or privacy of information transmitted via computer networks or for breaches of privacy due to interference by third party computer "hackers" or otherwise; (g) any claims regarding the accepting, arranging for, awarding of, inability to travel to receive or claim, or use of the prize or any portion thereof; (h) electronic communications which are undeliverable as a result of any form of active or passive filtering of any kind; or (i) cheating or fraud by any participant. Entry material/data that has been tampered with or altered is void. Sponsor reserves the right, at its sole discretion, to amend these Official Rules for clarification purposes, at any time, in any way, and without prior notice, without materially affecting the terms and conditions of the Sweepstakes. Without limiting the foregoing, if for any reason the Sweepstakes is not capable of running as originally planned, including should any virus, worm, bug, technical failures, unauthorized human intervention, or other causes corrupt or affect the administration, security, fairness or proper conduct of the Sweepstakes, Sponsor reserves the right to modify, terminate or suspend this Sweepstakes. In the event of termination, Sponsor may randomly select the winner from among all eligible, non-suspect entries received up to date/time of such termination, or up to the date/time of the situation warranting such termination.
10. Winner’s Name: The Sponsor expects to announce the name of the winner on or around December 28, 2020. For the winner’s name (available after winner has been verified), send a self-addressed, stamped, business size (#10) envelope by February 13, 2021 to: WrenchWorkz Toolbox Winner, P.O. Box 50442 Bowling Green, KY 42102.
11. Consent to Use Personal Information: By entering this Sweepstakes, you consent and agree to Sponsor’s collection, use, disclosure and storage of your information for the administration of this Sweepstakes.
12. Rules Govern: In the event of any discrepancy or inconsistency between the Official Rules and disclosures or other statements contained in any Sweepstakes-related materials or made by any representative of Sponsor, these Official Rules shall prevail, govern and control.
13. Severability: The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
14. Sponsor: WrenchWorkz, P.O. Box 50442, Bowling Green, KY 42102.
ABBREVIATED RULES. NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. Begins 12:00:00 a.m. CT on 11/12/20 and ends 11:59:59 p.m. CT on 12/6/20. Open only to legal residents the 50 United States/D.C., who are 18 years of age or older as of the time of entry. Sweepstakes is void where prohibited by law. PRIZE: 55” tool box including assortment of tools. ARV: $4,900. Odds of winning will depend on the number of eligible entries received. Sweepstakes subject to the complete Official Rules. For additional entry instruction, including how to enter without purchase, and Official Rules, go to www.wrenchworkz.com. Sponsor: WrenchWorkz, P.O. Box 50442, Bowling Green, KY 42102.