Makita U.S.A., Inc World of Concrete Sweepstakes Official Rules
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1 Makita U.S.A., Inc World of Concrete Sweepstakes Official Rules NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE, LOCAL, AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. The Makita U.S.A., Inc World of Concrete Sweepstakes (the Sweepstakes or "Promotion") will begin at 9:30am Pacific Time ( PT ) on January 23, 2018 and end at 11:59am ( PT ) on January 26, 2018 ("Promotional Period"). Sponsor/Administrator: The Sweepstakes is sponsored by Makita U.S.A., Inc Northam Street, La Mirada, CA (the Sponsor ) and administered by American Sweepstakes & Promotion Company, Inc., 300 State St. Suite 402, Rochester, NY (the Administrator ) (collectively, the Released Parties ). Eligibility: Entrants must be legal residents of the 48 lower continental United States, D.C., and Hawaii (while excluding Puerto Rico and any U.S. territories, possessions, commonwealths, etc.), who have reached the age of majority in his or her state or district of residence at the time of entry (the Entrant ). In addition, Entrants must be registered attendees at the 2018 World of Concrete show Las Vegas Convention Center, Las Vegas, Nevada USA (the Event ). Entrants cannot be exhibitors, vendors, or media representatives. This Promotion is not open to the general public. Employees, officers, directors and representatives of the Sponsor and all of their respective parent, subsidiary and affiliate companies, distributors, advertising and promotion agencies and any other agency that provides services in connection with this Sweepstakes, as well as the immediate family (spouse, parents, siblings and children and their respective spouses, regardless of where they reside) and household members of each such employee, whether related or not, are not eligible to participate in this Sweepstakes. This Sweepstakes is subject to all applicable federal, state, and local laws and regulations. Participation in this Sweepstakes constitutes Entrants full and unconditional agreement to these Official Rules and the Sponsors decisions, which are final and binding in all matters related to this
2 Sweepstakes. Winning the prize is contingent upon fulfilling all requirements set forth herein. Void where prohibited. Two Ways to Participate: World of Concrete attendees: During the Promotional Period, eligible Entrants can enter in the Sweepstakes by: 1. Visit the Makita U.S.A., Inc. Booth #O30135 and the White Cap Booth #C4349 and have your Event badge scanned at both booths. By having your badge scanned at both of the aforementioned booths, an Entrant will receive one (1) Sweepstakes entry into the Makita U.S.A., Inc. Sweepstakes. All entries must be received by 11:59 am PT on January 26, By Mail: Eligible Entrants can enter the Sweepstakes via mail by legibly hand-printing, on a 3 x 5 card or paper, their full name, company name, complete mailing address, phone number, and address, and mailing the card in an envelope, with proper postage affixed, to: Makita U.S.A., Inc World Of Concrete Sweepstakes 90 Rockwood Place, Rochester, NY All entries must be postmarked by January 26, 2018, and received by January 31, Limit one (1) entry per person regardless of the method of entry. All required information must be provided to enter and to be eligible to win. Incomplete entries will be disqualified. Released Parties (defined below) are not responsible for: late, incomplete, incorrect, delayed, garbled, undelivered, misdirected, postage-due entries or mail. Photocopied, illegible, or mechanically reproduced entries are not eligible. The Sponsor reserves the right to disqualify any person or address that submits more than maximum allowed entries. All entries become the exclusive property of Sponsor and will not be acknowledged or returned. By participating, you consent for Sponsor to obtain, use, and transfer your name, address and other information for the purpose of administering this Sweepstakes and for other purposes as set forth below. General Conditions: If for any reason the operation or administration of this Sweepstakes is impaired or incapable of running as planned for any reason, including but not limited to (i) printing errors; (ii) tampering, unauthorized intervention; (iii) fraud; (iv) technical failures or (v) any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, the Sponsor
3 reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Sweepstakes in whole or in part, at any time, without notice and award the Grand Prize (defined below) using all non-suspect eligible entries received as of, or after (if applicable) this cancellation, termination, modification or suspension date, or in any manner that is fair and equitable and best conforms to the spirit of these Official Rules. Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be tampering or attempting to tamper with the entry process or the operation of the Sweepstakes or Sweepstakes entry process; or acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. CAUTION: ANY ATTEMPT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision. Sponsor reserves the right to correct an error in any promotional materials or these Official Rules. By participating in the Sweepstakes, Entrants agree to release and hold harmless the Released Parties from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any Prize, including, but not limited to: (i) any technical errors that may prevent an Entrant from submitting an entry; (ii) unauthorized human intervention in the Sweepstakes; (iii) printing errors; (iv) errors in the administration of the Sweepstakes or the processing of entries; or (v) injury, death, or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant s participation in the Sweepstakes or receipt of any Prize. Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, theft or destruction or unauthorized access to, or alteration of, entries. Entrant further agrees that in any cause of action, the Released Parties liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Released Parties be liable for attorney fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
4 Drawing & Notification: The Grand Prize drawing will be conducted by the Administrator (as listed above), an independent judging organization, whose decisions are final in all matters relating to this Sweepstakes. The Grand Prize drawing will be conducted on or about March 10, Odds of winning the Grand Prize will depend on the total number of eligible entries received throughout the Sweepstakes Period. The potential Grand Prize Winner will be notified by the Administrator via phone, , and/or a USPS mail package. Grand Prize & Prize Conditions: There will be one (1) Grand Prize awarded following the conclusion of the Sweepstakes Period. Grand Prize Winner ( Grand Prize Winner ), upon the Administrator s confirmation of eligibility, will receive the following prize package: Corded Tools with Dustless Adapters 140VC4710X1(includes 7" Grinder) 12 gal wet/dry vac w/7" Grinder $ " Dust Shroud for 7"Grinder $ HM1812X3 70lb Breaker $1, Dust Xtraction Kit for 70lb Breaker $ XCV04Z(AC/DC 2.1 Hepa Vac) AC/DC 2.1 Gallon Wet/Dry Hepa Vac(Tool Only) $ Cordless Solutions (18V LXT) 140XRH011TX SDS-PLUS Drill w/ Dust Containment kit(2 5 amp batteries & charger) $ XCV05ZX X2 36V Back Pack with Adapters(Tool Only) $ XSR01PT X2 Rear Handle Kit(2 5amp batteies and charger) $ XBU02PT X2 36V Brushless Blower Kit(2 5 amp batteries dual port charger) $ XSL06PT X2 36V 10" Sliding Compound Miter saw $ XRH07PTU X2 1/916" SDS-MAX Rotary Hammer $1, Dust Xtraction for SDS-Max (for chipping w/ XRH07PTU) $ Dust Xtraction for SDS-Max (for chipping w/ XRH07PTU) $ XCU03PT X2 36V 14" Chainsaw Kit( 2 5 amp batteries and Dual Port charger) $ XRJ06PT X2 36V Recip Saw Kit(2 5 amp batteries and Dual Port charger) $ Gas Powered Tool with Dust Control 140EK7651H 4-Stroke 14" Power Cutter $1, DT4000 Dolly with Water Feed for 4-Stroke $ Batteries and Chargers 140BL18502DC2 Starter Kit( 2 5 amp Batteries and Dual Port Charger) (2) $518.00
5 Prize Package has an approximate retail value ( ARV ) $10, No substitution or transfer of prize will be permitted, except by the Sponsor, who reserves the right at its sole discretion to substitute the Grand Prize with another prize of equal or greater value. By accepting a Prize, the Prize Winner agrees to release and hold harmless the Released Parties from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of the Grand Prize. The potential Prize Winner will be notified by home-delivered mail, phone, and/or , and must sign and return to the Administrator, within seven (7) days of the date of notice or attempted notice is sent, an Affidavit of Eligibility, Liability & Publicity Release in order to claim his/her prize. Note: The Affidavit sent to the potential Prize Winner will require that the Winner provide his/her Social Security Number to the Administrator, which will be used solely for tax reporting purposes. The Grand Prize Winner will be responsible for all local, state, and federal taxes associated with the receipt of their accepted prize. The Grand Prize Winner must also note that the value of the accepted Prize is taxable as income and an IRS Form 1099 will be filed in the name of the Winner for the value of the Prize. The Grand Winner is solely responsible for all matters relating to the Prize after it is awarded. If a Prize or Prize notification is returned as unclaimed or undeliverable to the potential Winner, if a potential Winner cannot be reached by the Administrator within three (3) calendar days from the first notification attempt, or if a potential Winner fails to return requisite document(s) within the specified time period, or if a potential Winner is not in compliance with these Official Rules, then such person shall be disqualified and, at Sponsor s sole discretion, an alternate Winner may be selected. By accepting the Grand Prize, where permitted by law, the Prize Winner grants to the Released Parties and those acting pursuant to the authority of Sponsor and the Released Parties (which grant will be confirmed in writing upon Sponsor s request), the right to print, publish, broadcast and use worldwide IN ALL MEDIA without limitation at any time the Winner s full name, portrait, picture, voice, likeness and/or biographical information for advertising, trade and promotional purposes without further payment or additional consideration, and without review, approval or notification. IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR
6 PUNITIVE DAMAGES) ARISING OUT OF PARTICIPATION IN THIS SWEEPSTAKES OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZES. By participating, Entrants release and agree to hold harmless the Released Parties from any and all liability for any injuries, death or losses or damages to persons or property AS WELL AS CLAIMS/ACTIONS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY that may arise from participating in this Sweepstakes or its related activities or the acceptance, possession, use or misuse of, or any harm resulting from the acceptance, possession, use or misuse of the Prize(s). The Winner also acknowledges that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prize(s). Disputes: Except where prohibited, you agree that any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of California. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California. Use of Data: All information submitted by Entrants will be treated according to Sponsor s privacy policy, available at By participating in the Sweepstakes and providing your address, entrants hereby agree to Sponsor s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor s Privacy Policy. Winners List: To request confirmation of the name and city/state of residence for the Winner, please send a self-addressed, stamped business size envelope, by April 30, 2018, to: ASC/Makita U.S.A., INC. 300 State Street, Suite 402, Rochester, NY
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