PORTER-CABLE GET LINKED AND RIDE GIVEAWAY - 2016

OFFICIAL RULES

 

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.

RESIDENTS OF ALASKA AND HAWAII ARE NOT ELIGIBLE TO ENTER THIS GIVEAWAY.

 

This PORTER-CABLE GET LINKED AND RIDE Giveaway - 2016 (“Giveaway”) is sponsored by Black & Decker (U.S.) Inc., dba as PORTER-CABLE, 701 E. Joppa Road, Towson, MD 21286 (“Sponsor”) and will be held October 28, 2016 at 12:01 AM Eastern Time (“ET”) through January 3, 2017 at 11:59 PM ET (“Entry Period”). Sponsor’s computer will be the official timekeeper of this Giveaway. By entering this Giveaway, each entrant fully and unconditionally agrees to comply with and abide by these Official Rules and all 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 information provided will be used in accordance with Sponsor’s privacy policy (available on www.portercable.com). Should there be any 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 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 entrants during entry in this Giveaway. If an entrant does not fully agree to these Official Rules, such entrant should not enter this Giveaway. There will be a limit of a maximum of five (5) Entries per entrant, one (1) prize awarded, and one (1) Winner declared. Entry in this Giveaway does not constitute entry into any other promotion or contest. This Giveaway is subject to all federal, state and local laws and regulations. Void in Guam, Puerto Rico, the U.S. Virgin Islands, and other U.S. territories and possessions and where prohibited by law. Lowe’s Companies, Inc. (“Lowe’s”) is not a sponsor of this Giveaway.

 

1. ELIGIBILITY: This Giveaway is open only to persons who are legal residents of one (1) of 48 contiguous USA states or Washington, D.C., age 21 or older at the time of entry, and have auto insurance coverage and a valid USA driver’s license. Employees of Sponsor, Stanley Black & Decker, Inc., Lowe’s, Retail Sports Marketing, Inc. (“RSM”, the prize fulfillment company), Professional Bull Riders, LLC (“PBR”), Kawasaki Motors Corp., U.S.A. (“Kawasaki”), any of their respective affiliates, and the immediate family members (spouse, children, siblings, parents, grandparents and grandchildren and step family members) and/or people living in same household (related or not) of each are not eligible to enter this Giveaway. RESIDENTS OF ALASKA AND HAWAII ARE NOT ELIGIBLE TO ENTER.

 

2. HOW TO ENTER: Entrants must enter this Giveaway during the Entry Period only as follows: (1) go to the designated landing page located online at www.pcgetlinked.com (“Entry Site”); (2) complete the online entry; (3) agree to these Official Rules; and (4) click “submit” to enter. Each qualifying eligible entry entered during the Entry Period is herein referred to as an “Entry”. LIMIT OF FIVE (5) ENTRIES PER ENTRANT. Multiple entrants are not permitted to share the same email address. Any attempt by any entrant to enter by using multiple/different email addresses, identities, registrations, log-ins or any other methods will void that entrant’s Entries and that entrant will be disqualified. In case of a dispute over the identity of an entrant, the authorized account holder of the email address used to enter will be deemed to be the entrant. “Authorized account holder” is defined as the natural person assigned to an email address by an Internet access provider, online service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address. Forged entries or entries generated by any commercial subscription notification, script, macro, automated system entering service or through other third-party websites or software programs are invalid and 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. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected entries, which entries will be disqualified. Tampering with the entry process or operation of this Giveaway is prohibited and any entries deemed by Sponsor, in its sole discretion, to have been submitted in this manner will be disqualified. All Entries become the sole and exclusive property of Sponsor and will not be returned. Giveaway Entities shall not be responsible for any costs or expenses incurred by any entrant in connection with entering this Giveaway.

 

3. RANDOM DRAWING: The random drawing will be held on January 4, 2017 by a representative of RSM. The Entry drawn will be declared the potential “Winner”. Entrants are not required to be present to win. Odds of winning the prize depend on the total number of eligible Entries received during the Entry Period for this Giveaway.

 

4. NOTIFICATION AND CLAIM OF PRIZE: The potential Winner will be notified by Sponsor based on the information provided in the potential Winner’s Entry within six (6) business days after the random drawing is held. The potential Winner must accept prize by returning to Sponsor a completed and personally signed Affidavit of Eligibility and Liability/Publicity Release (except where prohibited by law), and IRS tax form W-9 within ten (10) business days after the first notification attempt -- FAILURE TO DO SO WILL RESULT IN FORFEITURE OF THE GIVEAWAY PRIZE. Sponsor shall not be responsible for any failed attempts to contact potential Winner or for any notification that is lost, intercepted or not received by the potential Winner for any reason. If, despite reasonable efforts by Sponsor, the potential Winner does not respond to notification and accept the prize as required herein or if prize notification is returned as undeliverable or not accepted, 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, declines prize, such potential Winner will be disqualified and forfeit the full Giveaway prize. If the potential Winner is disqualified or forfeits the prize (or any part of the prize), Sponsor may, but shall not be required to, select an alternate potential Winner from amongst all remaining eligible Entries. To be declared the official Winner, the potential Winner must meet all eligibility requirements and fully comply with these Official Rules. AN ENTRANT IS NOT THE WINNER OF THE PRIZE UNLESS AND UNTIL ENTRANT'S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN ADVISED BY SPONSOR THAT VERIFICATION IS COMPLETE.

 

5. PRIZE:  The prize will be comprised of the following:

 

One (1) Model Year 2016 KAWASAKI Teryx4™ Side by Side (or similar model) (herein referred to as the “Prize Vehicle”). The manufacturer’s suggested retail price (“MSRP”) of the Prize Vehicle to be awarded is $16,999. Any options desired by the Winner will be at the sole cost and expense of the Winner. The Prize Vehicle will be delivered solely with the express written limited warranties set forth in the Prize Vehicle’s applicable Owner's Guide, which warranties shall run for the term set forth in said Guide. Kawasaki and Sponsor disclaim, to the full extent of the law, any other warranties in the connection with the Prize Vehicle. Exterior and interior color of Prize Vehicle is subject to availability. The vehicle depicted on the designated landing page and/or in any advertising, promotional materials or physical display may NOT reflect the actual Prize Vehicle awarded to the Winner; including but not limited to the Prize Vehicle awarded may not be of the same color or have the same features or options as the depicted or displayed vehicle. Subject to availability and excluding any delay for special order vehicle customization or vehicle manufacturing production delays, Kawasaki shall use reasonable efforts to arrange delivery of the Prize Vehicle to the local independent Kawasaki dealership (“Dealership”) closest to the Winner's primary residence in the Continental United States or Washington, D.C. (“specified dealership site”) after completion of the Giveaway, declaration of the official Winner, and Kawasaki’s receipt of information and documents it requires. The Prize Vehicle will only be delivered to the specified dealership site determined by Kawasaki. The Winner MUST personally travel to the specified dealership site within thirty (30) days of notification by Kawasaki or the Dealership and take delivery of the Prize Vehicle. The official Winner must (a) present valid USA driver’s license, (b) evidence of legally required insurance, and (c) pay all required taxes, license, title and registration fees or an alternative winner shall be selected and the original Winner’s rights to the Prize Vehicle shall be automatically forfeited. The Winner shall bear all risk of loss or damage to the Prize Vehicle once he/she takes title of the Prize Vehicle at the specified dealership site. The Winner shall be solely responsible for all taxes, license, insurance, title and registration fees associated with winning the Prize Vehicle, including any transportation costs associated with traveling to the specified dealership site to take delivery of the Prize Vehicle, and all costs associated with obtaining ownership of and/or using the Prize Vehicle. Failure of the Winner to pay such taxes, fees and costs/expenses will result in forfeiture of the Prize Vehicle. In the event the actual value of the Prize Vehicle awarded is less than $16,999, the Winner will not receive the balance in cash, credit or otherwise. Sponsor and Kawasaki shall not be responsible for any delays in delivery of the Prize Vehicle that are not within their control; delivery will be subject to availability. In the event the particular model of the Prize Vehicle becomes unavailable, or if circumstances are such that awarding such model would be damaging to Sponsor’s reputation (due to recall or other similar circumstances), Kawasaki will supply an alternative prize vehicle of comparable or greater value.

 

One (1) 4-day and 3-night trip for two (2) persons to attend the 2017 PBR® World Finals in Las Vegas, Nevada (currently scheduled to be held in the Fall of 2017 -- exact travel dates TBD by Sponsor) hereinafter referred to as the “VIP Trip”. The approximate retail value (“ARV”) of the VIP Trip is $5,000. The actual VIP Trip dates will be determined by Sponsor prior to the Winner’s travel. The VIP Trip will include: roundtrip coach class air transportation on a carrier of Sponsor’s choice between the nearest major airport in the continental USA to the Winner’s residence and Las Vegas Airport; accommodations for two (2) people for three (3) nights (one (1) room (double-occupancy – room and tax only)) at a hotel of Sponsor’s choice; one (1) VIP pre-party; one (1) VIP pre-event Chute Tour at the arena; one (1) goodie bag (containing t-shirt, program, and hat); one (1) lunch with PBR® riders; two (2) autographed Porter Cable Event Worn Rider jerseys; an autographed photo and hero card from a select PBR® rider. The Winner and travel companion must travel on the same itinerary. All expenses associated with prize receipt and/or use not expressly described in these Official Rules as included in the VIP Trip are the sole responsibility of the Winner and travel companion. The VIP Trip does NOT include: upgrades in airfare; travel or life insurance; travel arrangements to and from home airport; rental car; hotel amenities; room or other damages; additional hotel night stay; additional hotel room(s); meals; additional guest(s); gratuities; baggage fee(s); excess or oversized baggage; any other travel-related expense(s) and/or incidental cost(s). To be eligible to travel with the Winner to use and enjoy the Prize, prior to the VIP Trip, travel companion will be required to return to Sponsor or RSM a completed and personally signed liability and publicity release form. The travel companion must be age 21 or older on January 3, 2017. A TRAVEL COMPANION MUST BE ADVISED BY SPONSOR THAT VERIFICATION IS COMPLETE BEFORE THEY ARE THE WINNER’s DESIGNATED TRAVEL COMPANION. Sponsor shall not be responsible for any lost, misplaced, stolen, expired, unclaimed or travel vouchers, unused tickets, passes, etc. The VIP Trip may involve strenuous physical activity and there is a risk of personal injury and/or property damage. Winner and travel companion must assume all of the risk of injury, death or other losses or damages arising out of participation in the VIP Trip. The VIP Trip is subject to all terms and conditions contained on the back of tickets, passes, etc. In the event the actual value of the VIP Trip awarded is less than $5,000, the Winner will not receive the balance in cash, credit or otherwise. The Winner and travel companion agree to comply with all applicable rules and regulations in connection with the VIP Trip. Giveaway Entities reserve the right to remove or deny entry to the Winner and/or travel companion who engage in a non-sportsmanlike or disruptive manner or with intent to annoy, abuse, threaten or harass any other person while participating in the VIP Trip. The potential Winner and travel companion must respond promptly to Sponsor, RSM and/or their agents/designees and provide all required documents and information by stated deadlines; if the Winner and/or travel companion do not timely respond such that Sponsor and/or its agents are unable to make necessary arrangements for the VIP Trip, the Winner will be disqualified and forfeit the full Giveaway prize (that is, the Vehicle Prize, VIP Trip and check).

 

One (1) check from Sponsor in the amount of $8,800 to help offset any tax-related expenses the Winner may incur in connection with the prize. The check will be mailed to the Winner up to twelve (12) weeks after the VIP Trip is completed. FOR THE WINNER TO RECEIVE THIS CHECK, THEY MUST HAVE ACCEPTED AND TAKEN POSSESESION OF THE PRIZE VEHICLE AND ATTENDED THE VIP TRIP OR THEY WILL FORFEIT SUCH CHECK.

 

THE WINNER MUST ACCEPT THE FULL PRIZE (PRIZE VEHICLE, VIP TRIP AND CHECK) IN ITS ENTIRETY OR THE WINNER WILL FORFEIT THE PRIZE IN ITS ENTIRETY. The Winner will be required to participate in a prize award ceremony at a Lowe’s retail location to be determined by Sponsor. The total ARV/MSRP of the full Giveaway prize is $30,799. The ARV/MSRP stated herein represents Sponsor’s good faith determination of the retail value and is final and binding and cannot be challenged or appealed. The prize is non-transferable, non-assignable, not redeemable for credit or cash (except for the check) and no substitutions of the prize will be made except that Sponsor reserves the right to substitute the prize (or any part) for a prize (or part) of equal or greater value for any reason at its sole and absolute discretion. The use of any prize manufacturer’s or corporate name and/or trademark in connection with the prize is solely for the purpose of describing such prize and is not intended to suggest any affiliation or sponsorship. All trademarks and trade names are the property of their respective owners. All income and other taxes (federal, state and local) on the full prize are the sole and full responsibility of the Winner. THE WINNER IS ADVISED TO SEEK INDEPENDENT COUNSEL REGARDING THE TAX AND ANY LEGAL IMPLICATIONS OF ACCEPTING THE PRIZE. An IRS tax form 1099 in the amount of $30,799 will be issued to the Winner.

 

6. PUBLICITY RELEASE:  Acceptance of and/or participation in the prize constitutes the Winner's and his/her travel companion’s unequivocal permission for Sponsor, Lowe’s, Kawasaki and PBR® to use Winner's name, photograph, image (still and/or video), other likeness, voice, audio, biographical information, statements, testimonial, personal exposition (and/or any edited portion thereof), address (city and state) and prize information (collectively, "Attributes") for promotional, 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 Winner and his/her travel companion agree to release Sponsor, Lowe’s, Kawasaki and PBR® 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 Sponsor, Stanley Black & Decker, Inc., Lowe’s, RSM, PBR®, Kawasaki, Dealership, each of their respective affiliates, shareholders, owners, members, managers, manufacturers, dealers, distributors, licensees, bull riders, stock contractors, all other organizations, entities or persons responsible for fulfilling, administering, advertising or promoting this Giveaway or delivering prize (or any part) and each of their respective past and present officers, directors, employees, agents, representatives and designees (individually and collectively, “Released Parties”) from and against 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 this Giveaway and/or such entrant’s acceptance, possession, use and/or misuse of the prize awarded, including travel related thereto; and (B) Released Parties are not responsible or liable for any error, omission, interruption, defects, delay, theft, destruction or unauthorized access to or alteration of the Entry Site or Entries or for any malfunctions of a telephone or data network, computer hardware, Internet (including the cloud), computer dating mechanism, computer equipment, devices, operating systems, software, or any combination thereof. 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 end of the Entry Period or for any electronic or human error that may occur in the processing of Entries or administration of this Giveaway; (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 failure of an email on account of technical problems or traffic congestion on the Internet at any website or the Entry Site; (iii) unavailability or inaccessibility of any transmissions or telephone or Internet service; (iv) 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; (v) any injury or damage to persons or property, including but not limited to entrant’s computer, devices, data, hardware or software, including which may be caused, directly or indirectly, in whole or in part, from entrant’s Entry in this Giveaway; and/or (vi) theft, tampering, destruction, or unauthorized access to, or alteration of Entries.

 

8. RELEASE OF CLAIMS (CALIFORNIA): Each entrant acknowledges that there is a possibility that, subsequent to their involvement with or Entry into 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 or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

 

9. DISQUALIFICATION/FORCE MAJEURE: Sponsor reserves the right to modify, extend, suspend, 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. In the event 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, war (declared or undeclared) or any federal, state or local government law, order, or regulation, public health crisis (e.g., Zika virus), 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 modify, suspend or terminate this Giveaway. 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.

 

10. DISPUTES: Except where prohibited, each 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; (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 the 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.

 

11. GENERAL: To the extent of any conflict, the English language version of these Official Rules shall govern over all other translated language versions. 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. Headings of paragraphs in these Official Rules are for the convenience of reference only, and do not form a part hereof, and in no way define, limit, describe, modify, interpret or construe the meanings of Sponsor, the scope of these Official Rules, or the intent of any paragraph hereof. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Sponsor is not responsible for any electronic or typographical error in the printing or reproduction of these Official Rules or in any Giveaway-related materials, Entry Site, print or online advertising, administration of this Giveaway, declaration of Winner or announcement of the prize (or any part). In the event of any discrepancy or inconsistency between the terms and conditions of these Official Rules or other statements contained in any Giveaway-related materials, including but not limited to the Entry Site, print or online advertising, the terms and conditions of these Official Rules shall prevail, govern and control. Sponsor’s decision is final and binding in all respects on all entrants. Sponsor reserves the right to amend these Official Rules at any time and such amended Official Rules will be on the Entry Site. Sponsor may share any and all information collected through the Giveaway with its affiliated companies and third parties necessary to administer the Giveaway and/or award prize. No more than the above stated prize will be awarded in this Giveaway. The disqualification of any entrant and/or prize forfeiture shall be final and not subject to appeal or review for any reason whatsoever.

 

12. WINNER/OFFICIAL RULES:  To obtain these Official Rules or Winner’s name, send a self-addressed envelope to PORTER-CABLE GET LINKED AND RIDE GIVEAWAY - 2016, 701 E. Joppa Rd., MS TW230, Towson, MD 21286, Attn.: S. Miller. All such requests must be received by Sponsor by March 31, 2017.

 

PBR® is a registered trademark of Professional Bull Riders, LLC.