CRAFTSMAN ANNIVERSARY DAY RACE GIVEAWAY
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.
This CRAFTSMAN Anniversary Day Race Giveaway (“Giveaway”) is sponsored by CRAFTSMAN, 701 E. Joppa Road, Towson, MD 21286 (“Sponsor”). The entry period is from May 20, 2022 at 12:00 A.M. Eastern Time (“ET”) through June 3, 2022 at 11:59 P.M. ET (the “Entry Period”). Sponsor’s clock is the official Giveaway timekeeper. By entering this Giveaway, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and decisions of Sponsor which shall be final and legally binding in all respects. Each entrant understands that they are providing their information to Sponsor and the information provided will be used in accordance with Sponsor’s Privacy Policy (https://www.stanleyblackanddecker.com/privacy-policy). Should there be conflict between Sponsor’s Privacy Policy and these Official Rules, these Official Rules shall govern. Any personally identifiable information collected during an entrant's entry in this Giveaway will be collected by Sponsor or its designee and used by Sponsor and/or its designees for purposes of the proper administration, fulfillment, publicizing and promotion of this Giveaway as described in these Official Rules, as stated in Sponsor’s privacy policy or as otherwise expressly consented to by entrant during any separate opt-in opportunity provided to entrant during this Giveaway. If an entrant does not fully agree to the terms of Sponsor’s Privacy Policy, such entrant should not enter this Giveaway. Limit of one (1) Entry per entrant; one (1) Winner to be declared; and one (1) prize to be awarded. Subject to federal, state and local laws and regulations. Void where prohibited. These Official Rules will be located on the Giveaway’s Entry Site (defined below).
1. ELIGIBILITY: This Giveaway is open only to persons who meet all of the following requirements at the time of entry: (a) be a legal resident of USA (50 states or Washington, DC); (b) be age 21 or older; and (c) have a valid USA driver’s license. Employees, their immediate families (spouse, domestic partner, children, siblings, parents, grandparents, grandchildren and step family members) and/or people living in the same household (related or not) of Sponsor, Stanley Black & Decker, Inc., Joe Gibbs Racing, Inc. Christopher Bell, Retail Sports Marketing, Inc. (“RSM”), any person or entity involved in the administration and/or promotion of this Giveaway and any of their respective affiliates (individually and collectively, “Giveaway Entities”) are not eligible to enter.
2. HOW TO ENTER: Entrants shall enter this Giveaway, during the Entry Period, via one (1) of the following entry methods (entrant’s choice) only:
(A) Online Entry Form: Visit https://cloud.emails.craftsman.com/95th_Anniversary_Race_Day_Giveaway (“Entry Site)”;
(i) Agree to these Official Rules of this Giveaway;
(ii) Complete the online entry form;
(iii) OPTIONAL: opt-in to receive CRAFTSMAN marketing emails (commercial electronic messages) – this is not required to enter this Giveaway; and
(iv) Submit entry form to enter.
or
(B) Alternative Method of Entry - Mail-In: to enter this Giveaway, you (the entrant) must take the following steps:
(i) From the Entry Site, print and complete the entry form or use a piece of paper or note card and provide the following information: your (entrant’s) name (first and last); your complete mailing address; your daytime telephone number; and your email address;
(ii) Mail the above in a stamped envelope addressed to: Craftsman, 701 E. Joppa Road, Towson, MD 21286, ATTN: C. Bynion, and include “CRAFTSMAN Anniversary Race Day Giveaway”;
(iii) Mail-in entries must be postmarked during the Entry Period and received by Sponsor at the address shown in (ii) above no later than 11:59:59 PM ET on June 2, 2022;
(iv) Full responsibility for the proper postage rests solely with entrant;
(v) Mail-in entries must be submitted by the entrant and must contain all required information;
(vi) Sponsor is not responsible for any lost, late, damaged, incomplete, misdirected or illegible mail-in entries; and
(vii) Proof of mailing will not be deemed to be proof of receipt of any mail-in entries by Sponsor.
Limit of one (1) Entry per entrant. Each valid entry entered during the Entry Period is herein referred to as an “Entry.” If this Giveaway is not completed in accordance with these Official Rules, the entrant’s entry will be voided. Tampering with the entry process or the operation of this Giveaway is prohibited and any entries deemed by Sponsor, in its sole and absolute discretion, to have been entered in this manner will be void. Entries will be disqualified if they are forged, falsified, or altered in any way if Sponsor determines, in its sole and absolute discretion, that any entry does not meet the eligibility and other criteria outlined herein. Entries made by any other individual or any entity, including but not limited to commercial Giveaway subscription notification and/or entering services, will be declared invalid and 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, will be disqualified. Entrants may not share the same email address, online entry form or mail-in entry. If an entrant enters this Giveaway more than once, such entrant’s first Entry will be the only qualifying Entry and the other entries will be disqualified. Sponsor will not notify any entrant if their entry has been disqualified. In case of a dispute over the identity of an entrant, the authorized account holder of the email account 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 a service provider. If you opted-in to receive marketing (commercial electronic) emails from Sponsor, you may unsubscribe at any time after you have received the first commercial electronic message (advertising email) from Sponsor. Sponsor will contact the potential Winner via email.
3. RANDOM DRAWING: The random drawing will be held on or about June 9, 2022. The one (1) entry drawn will be declared the potential “Winner”. Entrants are not required to be present to win. Odds of winning depend on the total number of Entries received. AN ENTRANT IS NOT THE OFFICIAL WINNER UNLESS AND UNTIL ENTRANT'S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN ADVISED BY SPONSOR THAT VERIFICATION IS COMPLETE.
4. NOTIFICATION / PRIZE ACCEPTANCE: The potential Winner will be notified by Sponsor via the email address provided in the entrant’s Entry within five (5) days after the random drawing is held. The potential Winner must accept the prize by returning to Sponsor a completed and personally signed Affidavit of Eligibility and Liability/Publicity Release and IRS tax form W-9 within five (5) business days of Sponsor’s first notification attempt -- failure to do so will result in forfeiture of the prize. The potential Winner and his/her travel guest will each be required to pass a background check, determined by Sponsor in its sole and absolute discretion. Sponsor shall have no liability for any notification that is not received by the potential Winner for any reason. If the potential Winner does not respond to notification and accept the prize as required herein or if prize notification is returned as unclaimed or undeliverable, such potential Winner will be disqualified and forfeit prize. If the potential Winner is found to be ineligible, has not complied with these Official Rules or declines the prize such potential Winner will be disqualified and forfeit prize. If the potential Winner is disqualified or forfeits prize, Sponsor may, but shall not be required to, select an alternate potential Winner from amongst the remaining eligible Entries.
5. PRIZE: The prize is a trip for two (2) people, the Winner and one (1) adult guest (age 21+), to attend the professional stock car race held on July 31, 2022 in Indianapolis, IN (“Race”). The approximate retail value (“ARV”) of the prize is $3,400 (Three Thousand and Four Hundred Dollars). The prize consists of round trip, coach air transportation for two (2) people from a major commercial airport near the Winner’s home (chosen at Sponsor’s sole discretion) to a major commercial airport near Indianapolis, IN. departing on or about July 30, 2022 and returning on or about August 1, 2022, two (2) nights lodging at a local hotel (standard accommodations, double occupancy required) selected by Sponsor, two (2) tickets to the Race, and one (1) gift card in the amount of $1,400 for meals and prize-related expenses (expenses include travel between airport and hotel, and hotel and Race). Travel must take place on the dates determined by Sponsor. If the Winner and guest are unable or unwilling to travel on the dates specified, the Winner and guest will forfeit the prize in its entirety. All travel included in the prize is subject to availability and restrictions. The Winner and guest must travel on same itinerary. The potential Winner and guest must respond promptly to Sponsor, RSM and/or their agents/designees and provide all required documents and information by the stated deadlines; if the Winner and/or guest do not timely respond such that Sponsor and/or its agents are unable to make the necessary arrangements for the prize, the Winner and guest will be disqualified and forfeit the prize in its entirety. The prize is non-assignable and non-transferable and has no cash or credit (except for the gift card) value. The prize approximate retail value represents Sponsor’s good faith determination, is final and binding and cannot be challenged or appealed. All income and other taxes (federal, state and local) on the prize are the sole responsibility of the Winner, and an IRS tax form 1099 in the amount of $3,400 will be issued to the Winner. The Winner is advised to seek independent tax counsel before accepting the prize. Sponsor is not responsible for any lost, misplaced, stolen, expired, unclaimed or unused travel vouchers, tickets, passes and/or gift card. The prize is subject to all terms and conditions contained on the back of travel vouchers, tickets, passes and gift card. The Winner and guest must agree to comply with all applicable rules and regulations in connection with the prize. Giveaway Entities reserve the right to remove or deny entry to the Winner and/or guest who engage in a non-sportsmanlike or disruptive manner or with intent to annoy, abuse, threaten or harass any other person. The Winner is solely responsible for all expenses not described herein as part of the prize. The prize does not include the following: upgrades in airfare; airport fees; baggage fees; travel insurance; travel arrangements to and from home airport; parking fees; additional hotel night stay; additional hotel rooms; personal charges at hotel; taxes; additional guest(s); souvenirs; gratuities; and any other incidental costs or expenses.
6. PUBLICITY RELEASE: Acceptance of the prize constitutes the Winner's permission for Sponsor and/or it’s designee(s) to use the Winner's name, photograph, video, image, likeness, voice, biographical information, statements, endorsement, testimonial (in whole or part), prize information and address (city and state) (collectively, "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 the Winner releases Sponsor and/or it’s designee(s) from all claims arising out of the use of such Attributes.
7. ENTRY CONDITIONS AND RELEASES: By entering this Giveaway, EACH ENTRANT AGREES for entrant and for entrant’s heirs, executors, administrators, representatives, insurers and assigns: (A) to release and hold harmless and indemnify the Giveaway Entities, Giveaway prize suppliers, all individuals and entities involved in fulfilling, administering, advertising or promoting this Giveaway and each of their respective past and present officers, directors, parent companies, subsidiaries, affiliates, employees, representatives, licensees, licensors, designees and agents (collectively, “Released Parties”) from any and all claims, expenses, liabilities, personal injury, death, illness, property loss, litigation or damages of any kind to persons and/or property (including but not limited to invasion of privacy under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory, defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights) that may occur, directly or indirectly, whether caused by negligence or not, arising out of such entrant’s entry in Giveaway and/or such entrant’s acceptance, possession, use and/or misuse of the prize; and (B) to indemnify, defend and hold harmless Released Parties from and against any and all claims, expenses and/or liabilities arising out of or relating to such entrant’s entry in this Giveaway and/or entrant’s acceptance, use and/or misuse of prize. Released Parties are not responsible for, and each entrant hereby releases the Released Parties from, any claims arising from: (i) lost, late, illegible, mutilated, misdirected, damaged, corrupted, inaccessible, inaccurate or incomplete entries, entries not received by the time designated for the Entry Period; (ii) technical failures of any kind, including but not limited to the malfunctions or interruptions of any computer, equipment, cable, network, hardware or software, programming, or technical problems or traffic congestion on the Internet or the Entry Site or delays caused by the U.S. Postal System; (iii) unauthorized human intervention in the entry process or technical or human error which may occur in the administration of or processing of Entries in this Giveaway; (iv) any injury or damage to persons or property, including but not limited to entrant’s computer, hardware or software, including which may be caused, directly or indirectly, in whole or in part, from entrant’s entry in this Giveaway; and (vi) theft, tampering, destruction, or unauthorized access to, or alteration of entries and/or the Entry Site. Sponsor is not responsible for any electronic or typographical errors in the printing, advertisement or reproduction of these Official Rules, in any advertisement or promotional material related to this Giveaway (print or online) or in administration of this Giveaway including but not limited to prize depiction or announcement of the Winner. By entering this Giveaway, each entrant agrees to be bound by these Official Rules. Sponsor is not responsible for any costs or expenses incurred by entrants with entering this Giveaway or accepting the prize awarded. All decisions related to this Giveaway and the operation thereof, including these Official Rules, the declaration of the Winner and the qualification and eligibility of any entrant, are at the sole and absolute discretion of Sponsor and are final. Entrants acknowledge and agree that Sponsor may share all information collected through this Giveaway with its affiliates and other third parties necessary to administer this Giveaway and/or deliver prize. If any entrant commits any act or is involved in any situation or occurrence which informed parties can reasonably conclude brings Sponsor into public disrespect, scandal or ridicule, shocks or offends the community, detracts from the public image of Sponsor, or reflects unfavorably upon Sponsor, Sponsor shall have the right, at its sole and absolute discretion, to disqualify such entrant from this Giveaway. Sponsor reserves the right to disqualify any entrant who circumvents, or attempts to circumvent, these Official Rules or the spirit of this Giveaway. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
8. DISPUTES. Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Giveaway or the prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate federal or state court of Maryland; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Giveaway, 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 any entrant and Sponsor in connection with this Giveaway shall be governed by, and construed in accordance with, the laws of the State of Maryland without giving effect to any choice of law or conflict of law rules (whether of State of Maryland or any other jurisdiction) which would cause the application of the laws of any jurisdiction other than the State of Maryland. In the event of any discrepancy or inconsistency between these Official Rules or other statements contained in any Giveaway-related materials, including but not limited to emails, print or online advertising, these Official Rules shall prevail, govern and control.
9. RELEASE OF CLAIMS (CALIFORNIA). Each entrant acknowledges that there is a possibility that, subsequent to their involvement with this Giveaway 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 this Giveaway. 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.”
10. DISQUALIFICATION/FORCE MAJEURE. Sponsor reserves the right to modify, extend or terminate this Giveaway if it determines, in its sole discretion, that this Giveaway 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 Giveaway as contemplated herein. If an insufficient number of eligible Entries are received and/or Sponsor is prevented from awarding the prize or continuing with this Giveaway 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, or any federal, state or local government law, order, or regulation, public health crisis or pandemic (e.g. Coronavirus/Covid-19), order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), Sponsor shall have the right to extend, terminate or modify this Giveaway including, but not limited to, providing an alternate prize. If this Giveaway is terminated before the designated end date, Sponsor will (if possible) select the potential Winner in a random drawing from all eligible, non-suspect 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.
11. OFFICIAL RULES/WINNER’S LIST: To obtain these Official Rules or the Winner’s List, send a self-addressed envelope to CRAFTSMAN Anniversary Race Day Giveaway, 701 E. Joppa Road, Towson, MD 21286, Attn.: C. Bynion. All such requests must be received by August 23, 2022.