Craftsman Trust in Your Hands Contest
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: Craftsman Trust in Your Hands Contest (the "Contest") is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old at the time of entry, who did not purchase any equipment for purposes of entering the Contest and who are members of Twitter. Twitter membership is free. Employees of Sears, Roebuck and Co., Sears Holdings Corporation, Zeno Group, Twitter, Inc., ePrize, LLC, and any of their respective related companies, parents, subsidiaries, affiliates, and agents and any agencies or other companies involved in the development or execution of the Contest or production or distribution of Contest materials, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible. Subject to all applicable federal, state, and local laws and regulations. Void where prohibited.
2. Sponsor: Sears, Roebuck and Co., 3333 Beverly Road, Hoffman Estates, IL 60179.
Administrator: ePrize, LLC, One ePrize Drive, Pleasant Ridge, MI 48069.
3. Agreement to Official Rules: Participation in this Contest constitutes entrant's full and unconditional agreement to these Official Rules and Sponsor's and Administrator's decisions, which are final and binding in all matters related to this Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.
4. Timing: The Contest begins on June 9, 2010 at 12:00 a.m. Eastern Time ("ET") and ends on July 2, 2010 at 11:59 p.m. ET (the "Contest Period"). Twitter, Inc.'s computer is the official time-keeping device for the Contest.
5. How to Enter: During the Contest Period, visit http://twitter.com/craftsmanclub and you will be prompted to sign into your Twitter account. If you do not have an account visit www.twitter.com to create one. Twitter accounts are free. Once logged into your Twitter account follow the links and instructions to become a follower of @craftsmanclub on Twitter. You must be a follower to participate. For directions on how to follow @craftsmanclub, reference the links and instructions on the Twitter website. hen, follow the links and instructions to enter the Contest. weet a message using your Twitter account, including the hashtag #trust, that includes the following language exactly "Look how I put #trust in my hands..." including a link to a photo-sharing URL where you've uploaded a photo depicting your trust in hands message (collectively, the Tweeted message and the photo are the "Submission") to receive one (1) entry into the Contest. You will need to fill in the blank to complete the sentence, and you cannot exceed 140 characters, including your username and all the required wording. By Tweeting your Submission, you agree that it conforms to the Submission Guidelines and Content Restrictions as defined below (collectively, the "Guidelines and Restrictions") and that Sponsor may disqualify you from the Contest, block you from following @craftsmanclub, and/or report your Submission to Twitter or the photo-uploading site, if it believes, in its sole discretion, that your Submission fails to conform to the Guidelines and Restrictions.
-The Submission must be entrant's original work;
-The Submission must be in text format;
-The Submission must not exceed one hundred forty (140) characters in length, including the hashtag, message and URL to photo;
-The Submission must be in English; and
-The Submission cannot have been submitted previously in a promotion of any kind or exhibited or displayed publicly through any means.
-The Submission must not contain material that violates or infringes another's rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
-The Submission must not disparage Sponsor, Administrator or any other person or party affiliated with the promotion and administration of this Contest;
-The Submission must not feature brand names or trademarks other than those of Sponsor, which entrant has a limited license to use to incorporate into his/her Submission for this Contest;
-The Submission must not contain text or artwork not created by entrant;
-The Submission must not contain text or any image that is inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous;
-The Submission must not contain text or any image that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and
-The Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where Submission is created.
Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected Tweets, which will be disqualified. If you post updates to or receive updates from twitter.com via SMS from your wireless phone, your wireless-service provider may charge you for each text message you send and receive. Please consult your wireless-service provider regarding its pricing plans. You must be an active holder of a non-private Twitter account and be a follower of @craftsmanclub at the conclusion of the Contest Period and for a reasonable time thereafter (for potential notification purposes) to participate in this Contest. All terms and conditions of Twitter.com also apply. Multiple entrants are not permitted to share the same Twitter account. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any Twitter account, the authorized account holder of the email address used to register at Twitter.com or the Twitter account used to enter will be deemed to be the entrant. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning Twitter accounts or email addresses for the domain associated with the submitted account/address. Each potential winner may be required to show proof of being an authorized account holder. Entrant must have permission from all individuals mentioned or depicted in the Submission (if any) to use their name and/or likeness in the Submission and to grant the rights set forth herein. If requested, entrant must be able to provide such permissions in a form acceptable to Sponsor. Tweeting a Submission constitutes entrant's consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such submissions in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. If requested, entrant will sign any documentation required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the Submission. Released Parties (as defined in Section 9, below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected Submissions, all of which will be void.
6. Winner Determination: At the conclusion of the Contest Period, a panel of qualified judges determined by Sponsor in its sole discretion will select the potential winners from among all eligible Submissions received, based on an application of the following criteria ("Judging Criteria"):
-Quality of Photo (33%); and
-Fit to the Theme of Trust in Your Hands (33%).
In the event of a tie, the entrant whose Submission received the higher score in the Creativity category above, as determined by the qualified judges in their sole discretion, will be deemed the potential winner. The entrants who submitted the ten (10) Submissions with the highest scores will be deemed the potential Grand Prize winners. Sponsor reserves the right to select fewer than the stated number of winners, if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Submissions.
7. Winner Requirements: All potential winners must comply with all terms and conditions of these Official Rules. Winning is contingent upon fulfilling all requirements. Each potential winner will be contacted by Zeno Group, via his/her Twitter account, on or around July 12, 2010. In order to receive any direct messages from Zeno Group or Sponsor, an entrant's account settings must be set to "unprotected" and/or "public." Each potential winner will be required to respond to the message within five (5) days of the date the message was sent, with the required full contact information, including a valid mailing address (P.O. Boxes are not permitted), email address, and date of birth to confirm age eligibility, as requested by Sponsor. Each potential winner (parent/legal guardian if winner is a minor in his/her state of residence) will be required to sign and return an Affidavit of Eligibility, Liability & Publicity Release ("Affidavit"), which must be received by Administrator within ten (10) days of the date notice or attempted notice is sent, in order to claim the prize. If a potential winner cannot be contacted, fails to respond to the direct message with the required information within the required time period, fails to return the Affidavit within the required time period, or prize is returned as undeliverable, potential winner forfeits the prize. In the event that a potential winner is disqualified for any reason, Sponsor will select the eligible entrant with the next highest score, based on the Judging Criteria above, as the alternate winner. If after three (3) such attempts, a winner is not confirmed, the applicable prize will remain un-awarded. Acceptance of any prize shall constitute and signify winner's agreement and consent that Sponsor and its designees may use the winner's name, city, state, likeness, Submission and/or prize information in connection with the Contest for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law. Without limiting the generality of these Official Rules, winner shall irrevocably grant, transfer, convey and assign to Sponsor the entirety of the rights in and to the Submission and all renewals and extensions of copyright, and the right to secure copyright registrations thereto in perpetuity including, without limitation, the rights to use the Submission for any and all purposes in any and all media whether now known or hereafter developed, on a worldwide basis, in perpetuity. Winner accepts and acknowledges that Sponsor shall not be obligated to use the Submission and that Sponsor in its sole discretion shall have the right to refrain from using the Submission. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder. Winner will indemnify Sponsor, Released Parties (as defined in Section 9, below) and any licensee of Sponsor against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these terms. Prizes will be fulfilled within approximately 8 - 10 weeks after all winners are confirmed.
8. Prizes: TEN (10) GRAND PRIZES: An assortment of Craftsman® tools, determined by Sponsor in its sole discretion. Approximate Retail Value: $750. Prizes are non-transferable and no substitution or cash redemption will be permitted unless Sponsor, in its sole discretion, determines otherwise. Should the designated prize become unavailable for any reason, Sponsor reserves the right to substitute a prize with one of equal or greater value. Winners are responsible for all federal, state and local taxes and any other costs, expenses or fees associated with prize acceptance and/or use not specified herein as being provided. Limit: One (1) prize per person.
9. Release: By receipt of any prize, winner agrees to release and hold harmless the Sponsor, Sears Holdings Corporation, Zeno Group, Twitter, Inc., Administrator and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company officers, directors, employees and agents (collectively, the "Released Parties") from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of any prize.
10. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. If terminated, Sponsor may, in its sole discretion, determine the winners from among all non-suspect, eligible Submissions received up to time of such action using the judging procedure outlined above. Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the Submission process or the operation of the Contest or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner and void all associated Submissions. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies (including attorneys' fees) from any such person to the fullest extent permitted by law. Sponsor failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
11. Limitations of Liability: Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the Submission process or the Contest; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Contest, the uploading, the processing or judging of Submissions, the announcement of the prizes or in any Contest-related materials; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant participation in the Contest or receipt or use or misuse of any prize (including any travel/activity related thereto). Released Parties are not responsible for misdirected or undeliverable Submissions or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Released Parties are not responsible for any unauthorized third-party use of any Submission.
12. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys' fees; and (3) 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 entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Michigan without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.
14. Winner List: Winner List requests will only be accepted after the promotion end date (listed above) and no later than August 1, 2010. For the Winner List, send an email with subject line: " Craftsman® Trust in Your Hands Contest, Winner List Request," to WinListRequests@eprizefulfillment.com.
2010 ePrize, LLC. All rights reserved.