EMERSON TOOL COMPANY CONSTRUCTION SWEEPSTAKES OFFICIAL
RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR
WIN. A PURCHASE WILL NOT IMPROVE THE CHANCES OF WINNING.
THIS SWEEPSTAKES IS VOID IN PUERTO RICO AND WHERE PROHIBITED BY
LAW.
1.
Sponsor. The Sponsor of this Sweepstakes is Emerson Tool Company,
8100 West Florissant Ave. Bldg T, P.O Box 36902 St. Louis, MO 63136 (the
“Sponsor”).
2.
Eligibility. This sweepstakes (the “Sweepstakes”) is open to legal residents
of the United States who are 18 years of age or older as of the date of entry.
Individuals in any of the following categories are not eligible to enter or win:
(a) directors, officers, employees or agents of Sponsor or their affiliates,
parents, subsidiaries, professional advisers, advertising and promotional
agencies other entities involved in this Sweepstakes and (b) individuals who
are immediate family members of or who reside in the same household as
any individual described above. The Sweepstakes begins on April 30, 2012,
and ends on May 31, 2012.
3.
Entry. There are two ways to enter: 1) complete the Construction Survey
and fill out the address section at the end of the survey and submit it to
Sponsor or 2) on a plain 3” x 5” piece of paper, hand print your name,
address, phone number and date of birth, and mail it to Emerson Tool
Company, Attn: Construction Survey Sweepstakes, 8100 West Florissant
Ave. Bldg T, P.O Box 36902 St. Louis, MO 63136. Only one entry per
envelope. All mail-in entries must be postmarked on or before May31, 2012.
Mail-in entries that are not received by June 7, 2012 will not be accepted.
Entries that do not comply with these Official Rules of the Sweepstakes will
result in disqualification. Sponsor reserves the right in its sole discretion to
disqualify any entry at any time which, in Sponsor’s opinion, is offensive,
contains unsuitable material, endangers the safety or well being of any
entrant, or if it is determined the entrant has not complied with these Official
Rules. Limit one entry per household, regardless of method of entry. Entries
in excess of limit are void. To be valid, each entry must provide all
information requested.
4.
Random Drawing. On or about June 28, 2012, a single potential winner will
be selected by random drawing from all eligible entries received, and such
entrant will win the Prize, described Section 5. Decisions of the Sponsor will
be final and binding on all matters relating to this Sweepstakes. The Prize is
not transferable. No substitution or cash redemption of the Prize, or any
portion thereof, is allowed, except at the sole discretion of the Sponsor.
5.
Prize. The winner will receive a two hundred dollar ($200) Home Depot gift
card (the “Prize”). If a Prize or any portion thereof cannot be awarded for any
reason, Sponsor reserves the right to substitute such Prize, or portion
thereof, with another prize of equal or greater value. The Prize will be mailed
to the potential winner at the address provided on entry after verification of
the potential winner’s eligibility and the potential winner returning all required
documents, as specified in these Official Rules. The potential winner will be
notified by e-mail, or telephone if no e-mail address is provided, within 72
hours of the drawing. If the potential winner cannot be reached, does not
respond within five working days of the first notification attempt, is found to
be ineligible, or declines to accept the Prize, the potential winner may be
disqualified in Sponsor’s sole discretion, the Prize will be forfeited and in
such case Sponsor will select an alternate winner in a random drawing from
the remaining eligible entries. The potential winner may be required to
complete, sign, and return to Sponsor an Affidavit of Eligibility, a Liability
Release and a Publicity Release each within 14 days of receipt of such
documents from Sponsor. If such documents are not returned to Sponsor
prior to such deadline, the Prize may be forfeited in Sponsor’s sole
discretion, such potential winner shall be disqualified, and an alternate
winner will be selected by Sponsor in a random drawing from the remaining
eligible entries. In the event that more than one prospective winner is
inadvertently named, a random drawing will be held among all such potential
winners to select one winner. Except where prohibited by law and
notwithstanding anything to the contrary in the Sponsor’s Privacy Policy, the
winner also grants Sponsor the right to use the winner’s submission, first
name, hometown, images and likenesses for advertising, publicity and
promotion purposes, including print, broadcast and on-line announcements,
without further compensation and at no expense to the winner.
6.
Privacy Policy. All entries will become the property of Sponsor and will not
be returned to an entrant. Sponsor will not be responsible for lost, stolen,
misdirected, postage due or misplaced entries. Personal information that an
entrant submits will be subject to the Sponsor’s Privacy Policy. In addition,
personal information collected in the course of the Sweepstakes will be used
to administer the Sweepstakes and contact potential winners. For a copy of
the Sponsor’s Privacy Policy please go to http://www.emerson.com/enUS/Pages/Privacy_Policy.aspx or send a written request with a selfaddressed, stamped envelope to: Emerson Tool Company, 8100 West
Florissant Ave. Bldg T, P.O Box 36902 St. Louis, MO 63136.
7.
Taxes. The winner is responsible for all applicable local, state, provincial
and/or federal taxes. When required by law, Sponsor will report the names
of the winner and the value of the Prize won by the winner to the appropriate
taxing authority. If requested by Sponsor, the potential winner will be
required to complete, sign and return to Sponsor an IRS Form W-9, or other
applicable tax form, prior to receiving the Prize. Failure to complete, sign
and return a W-9, or such other appropriate tax form, will result in the winner
being disqualified, and in such case Sponsor will select an alternate winner
in a random drawing from remaining eligible entries.
8.
Additional Conditions. Each entrant agrees to, accepts and shall abide by
these Official Rules of this Sweepstakes and agrees that any dispute with
regard to the conduct of this Sweepstakes, rule interpretation or award of
the Prize, shall be resolved by Sponsor, in its sole discretion. Sponsor is not
responsible for any typographical or other errors in the printing of these
Official Rules, administration of this Sweepstakes or in the announcement of
any winner(s) or Prize(s). Use of any automated entry software is prohibited.
Mechanically reproduced or faxed entries are void. Entry materials that have
been tampered with or altered are void. If for any reason Sponsor is unable
to run this Sweepstakes as planned, or if any computer or web site
associated with this Sweepstakes does not allow the proper playing of the
Sweepstakes and the processing of entries per these rules, or if infection by
computer virus, bugs, tampering, unauthorized intervention, actions by
entrants, fraud, technical failures, or any other causes, in Sponsor’s sole
opinion, corrupt or affect the administration, security, fairness, integrity, or
proper conduct of this Sweepstakes, Sponsor reserves the right, at its sole
discretion, to disqualify any entrant implicated in such action, and/or to
cancel, modify or suspend this Sweepstakes or any portion thereof. In the
event this Sweepstakes is cancelled, Sponsor reserves the right to conduct
a random drawing to award the Prize from among all eligible, non-suspect,
entries received for the drawing prior to the time of the action or event
warranting such cancellation. This Sweepstakes is subject to all federal,
state, provincial and local laws and regulations.
9.
Hold Harmless/Release. By participating, each entrant agrees to hold
harmless Sponsor, participating sponsors, and any of their respective parent
companies, subsidiaries, affiliates, directors, officers, employees and
agencies from any liability whatsoever, and waive and release such parties
from any and all causes of action, for any claims, costs, injuries, losses, or
damages of any kind (including, without limitation, claims, costs, injuries,
losses and damages related to personal injuries, death, damage to or
destruction of property, rights of publicity or privacy, defamation or portrayal
in a false light, whether intentional or unintentional) arising out of or in
connection with the event or acceptance, possession, or use/misuse of any
Prize, participation in any promotion-related activity, or participation in the
promotion, whether under a theory of contract, torts (including, without
limitation, negligence), warranty, or any other theory or cause of action.
10. Miscellaneous. Each entrant agrees that: (1) any and all disputes, claims,
and causes of action arising out of or in connection with this Sweepstakes,
or any Prize awarded, shall be resolved individually, without resort to any
form of class action, and any judicial proceeding shall take place in a federal
or state court within the State of Missouri (2) any and all claims, judgments,
and awards shall be limited to actual out-of-pocket costs incurred, including
costs associated with entering this Sweepstakes, but in no event
legal/attorneys’ fees; and (3) 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 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 the Sweepstakes,
shall be governed by, and construed in accordance with the laws of the
State of Missouri, without giving effect to any choice of law or conflict of law
rules or provisions.
11. Winners List/Official Rules. To obtain a list of the Sweepstakes winners,
send a written request with a self-addressed, stamped envelope to:
Emerson Tool Company, Attn: Construction Sweepstakes Winners List,
8100 West Florissant Ave. Bldg T, P.O Box 36902 St. Louis, MO 63136. To
obtain a copy of the “Official Rules” for the Sweepstakes, please send a
written request with a self-addressed, stamped envelope to: Emerson Tool
Company, Attn: Construction Sweepstakes Rules, 8100 West Florissant
Ave. Bldg T, P.O Box 36902 St. Louis, MO 63136.