Jun 6, 2016 - Each entrant can enter an unlimited number of times during .... telephone or Internet service; (iii) unaut
BLACK+DECKER GARDEN TOOLS GIVEAWAY - 2016 OFFICIAL RULES NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS GIVEAWAY IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY OR ASSOCIATED WITH TWITTER, INC. BLACK+DECKER Garden Tools Giveaway - 2016 (“Giveaway”) is sponsored BLACK+DECKER, 701 E. Joppa Rd., Towson, MD 21286 (“BLACK+DECKER”). The entry period is from 12:00:01 A.M. Eastern Time (“ET”) on June 6, 2016 through 11:59:59 P.M. ET on June 19, 2016 (“Entry Period”). BLACK+DECKER’s computer will be the official timekeeper for all matters related to this Giveaway. By entering this Giveaway, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of BLACK+DECKER which shall be final and legally binding in all respects. Each entrant understands that they are providing their information to BLACK+DECKER and the information provided will be used in accordance with BLACK+DECKER’s privacy policy which may be viewed at http://www.blackanddecker.com/Privacy-Policy.aspx. Should there be conflict between BLACK+DECKER’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 BLACK+DECKER or its designee and used by BLACK+DECKER 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 BLACK+DECKER’s privacy policy or as otherwise expressly consented to by entrant during any separate opt-in opportunity provided to entrant during entry in this Giveaway. If an entrant does not fully agree to the terms of the Privacy Policy, such entrant should not enter this Giveaway. There will be a limit of: unlimited entries per person; one (1) prize to be awarded; and one (1) Winner to be declared. This Giveaway is void where prohibited. 1. ELIGIBILITY: This Giveaway is open only to persons who are legal residents of one of the 50 states of USA or Washington, DC and are 18 years of age (or 19 if a resident of AL or NE) or older at the time of entry. Entrants must have a valid Twitter® account in order to enter. Employees of BLACK+DECKER, Stanley Black & Decker, Inc., their affiliates (individually and collectively, “Giveaway Entities”) and each of their immediate family members (spouse, domestic partner, children, siblings, parents, grandparents, grandchildren and step family members) and/or people living in the same household, (related or not) are not eligible to enter.
2. HOW TO ENTER: To enter this Giveaway, each entrant must, during the Entry Period only: (1) visit www.twitter.com ("Twitter Site") and log into entrant’s (your) Twitter account; (2) visit the BLACK+DECKER Twitter page at www.twitter.com/blackanddecker; (3) agree to "Follow" the BLACK+DECKER Twitter account; (4) agree to the Official Rules and Terms of Use; and (5) Tweet the following text “I just entered to #win a bundle of #BDGardenGiveaway prizes from @blackanddecker http://bit.ly/1TLI9q0” (6) be sure to include the two provided hashtags (#win, #BDGardenGiveaway) and tag our username “@blackanddecker”. Each eligible entry entered as required above is herein referred to as an “Entry”. Each entrant can enter an unlimited number of times during entry period (12:00:01 A.M. Eastern Time (“ET”) on June 6, 2016 through 11:59:59 P.M. ET on June 19, 2016). Entrants are not allowed to share the same Twitter® account. All eligible Entries submitted during the Entry Period will be entered in the drawing, subject to these Official Rules. All Entries provided must use the hashtags required by this Giveaway, and tag BLACK+DECKER’s twitter username “@blackanddecker” and cannot contain any objectionable content in BLACK+DECKER’s sole and absolute discretion. Each entrant must own or have the rights to all information, statements and materials submitted with their Entry and hereby assigns to BLACK+DECKER the ownership rights to all such Entries. All Entry information, statements and materials must only consist of the entrant and must not include any non-participating individuals or entities. Entry in this Giveaway constitutes permission (except where prohibited by law) to use entrant’s name, city, state, likeness, photographic image and all other submitted Entry materials for purposes of advertising, promotion and publicity in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission or approval. IF YOU DO NOT WANT YOUR PERSONAL INFORMATION, STATEMENTS AND/OR ANY OTHER ENTRY MATERIALS USED IN THE MANNER DESCRIBED HEREIN, DO NOT ENTER THIS GIVEAWAY. All Entries become the property of BLACK+DECKER and will not be returned and may not be acknowledged. Entries made by any other individual or any entity, including but not limited to commercial contest/Giveaway subscription notification and/or entering services, will be declared invalid and disqualified for this Giveaway. Tampering with the entry process or the operation of this Giveaway is prohibited and any entries deemed by BLACK+DECKER, in its sole discretion, to have been submitted in this manner will be void. 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, are void and will not be accepted. In case of a dispute over the identity of an entrant, the Twitter® authorized account holder used to enter will be deemed to be the entrant. “Twitter® Authorized account holder” is defined as the person who is assigned to a Twitter® account by Twitter®. Any Entry will be disqualified if it is illegible, forged, falsified, altered or improperly tampered with in any way. 3. RANDOM DRAWING: A random drawing to determine the Winner will be held by a representative of BLACK+DECKER on June 20, 2016 from amongst all eligible Entries received during the Entry Period. The Entry drawn will be declared the potential “Winner”. Entrants are not required to be present to win. The odds of winning the prize depend on the number of eligible Entries received during the Entry Period. 4. NOTIFICATION AND CLAIM OF PRIZE: The potential Winner will be notified by BLACK+DECKER via a public Tweet from the BLACK+DECKER Twitter account “tagging” the potential Winner using the potential winner’s username, within 10 business days after the random drawing is held. BLACK+DECKER will also follow the potential winner’s Twitter account (thus enabling private messaging). (A “follow” from the BLACK+DECKER Twitter account does not indicate user as the potential Winner without the official Tweet from BLACK+DECKER tagging their username notifying them as the potential Winner.) To officially accept the prize, the potential winner must (1) reply to said Tweet notifying them as the potential Winner, and (2) then by sending a private message to BLACK+DECKER via Twitter and providing their contact information within three (3) business days of notification. BLACK+DECKER shall have no liability for any potential prize winning notification that is not received by the potential Winner for any reason. If, despite reasonable efforts by BLACK+DECKER, the potential Winner does not respond to the notification and accept and claim the prize as required per these Official Rules within 15 days after notification attempt, or if the prize notification is returned as unclaimed or undeliverable, such potential Winner will be disqualified and forfeit prize and an alternate potential Winner may be selected at BLACK+DECKER’s sole and absolute discretion from amongst all remaining eligible Entries. If the potential Winner is found to be ineligible or if they have not complied with these Official Rules or declines a prize for any reason prior to award, such potential Winner will be disqualified. If the potential Winner does not accept and claim the prize and return the required documentation to BLACK+DECKER as stated herein, such potential Winner will be disqualified and forfeit the prize in this Giveaway. In order 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 BLACK+DECKER THAT VERIFICATION IS COMPLETE. Within the above-stated 15-day period, the potential Winner is required to complete, personally sign and return to BLACK+DECKER an Affidavit of Eligibility, Liability/Publicity Release (except where prohibited by law) confirming such potential Winner’s compliance with these Official Rules and releasing the Released Parties (defined below) from any liability in connection with such potential Winner’s entry in this Giveaway and his/her claim, possession, use or misuse of the prize. Failure to do so will result in forfeiture of the prize awarded hereunder.
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5. PRIZE: The prize is one Black+Decker prize pack comprised of one (1) of each of the following: Description
BLACK+DECKER Shorty Padded Dot Grip Glove (SKU # BD568) BLACK+DECKER Bold Top Frame Safety Eyewear (SKU# BD226) BLACK+DECKER Blue Ladies Foam Nitrile Grip Glove (SKU# BD513) BLACK+DECKER Fashionable Full Frame Safety Eyewear (SKU# BD224) BLACK+DECKER Telescopic Trowel (SKU# BD1545) BLACK+DECKER Telescopic Culti-Hoe (SKU# BD1546) BLACK+DECKER Telescopic Cultivator (SKU# BD1543) BLACK+DECKER 8.5” Bypass Pruner (SKU# BD1104) BLACK+DECKER Telescopic Fan Rake (SKU# BD1544) BLACK+DECKER 24” Deluxe Springback Rake with 8” Drop Forged Pruner (SKU# BD925) BLACK+DECKER Snake Wand ™ (SKU# BD2142) BLACK+DECKER ZeroKink™ Garden Hose (SKU# BD2507) TOTAL ARV OF PRIZE:
Approximate Retail Value (“ARV”) $16.99 $12.99 $3.99 $12.99 $5.99 $5.99 $5.99 $14.99 $5.99 $17.99 $29.99 $55.99 $189.88
The prize will be awarded only if the potential Winner fully complies with these Official Rules. The prize is non-assignable and non-transferable and has no cash or credit value. BLACK+DECKER reserves the right in its sole discretion to substitute the prize (or any part of the prize) for one of equal or greater value, for any reason. The Winner should allow 4-6 weeks before the prize is shipped, after being declared the official Winner by BLACK+DECKER; the prize will be mailed to Winner’s street mailing address (post office boxes not allowed) via regular ground mail. The Winner is solely responsible for local, state and federal taxes on the prize, if any. 6. RELEASES AND TERMS & CONDITIONS: BY ENTERING, EACH ENTRANT AGREES for entrant and for entrant’s heirs, executors, and administrators (A) to release and hold harmless the Giveaway Entities, Twitter, Inc. and each of their respective officers, directors, representatives, agents, designees and employees (individually and collectively, “Released Parties”) from any liability, illness, injury, death, loss, litigation or damage that may occur, directly or indirectly, whether caused by negligence or not, from such entrant’s participation in this Giveaway and/or their claim, possession, use or misuse of the prize (or any part); and (B) to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in this Giveaway itself. Failure to comply with these conditions may result in disqualification from this Giveaway at BLACK+DECKER’s sole and absolute discretion. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. The headings of the 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 BLACK+DECKER, the scope of these Official Rules, or the intent of any paragraph hereof. BLACK+DECKER’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. BLACK+DECKER is not responsible for any electronic or typographical error in the printing, advertisement or reproduction of these Official Rules or in any Giveaway-related materials, including in print or online, administration of this Giveaway or in the announcement of the prize (or any part). Released Parties are not responsible for, and entrant hereby releases the Released Parties from, any claims arising from: (i) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (ii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iii) unauthorized human intervention in any part of the entry process; (iv) electronic or human error which may occur in the administration of this Giveaway or the processing of entries; (v) any injury or damage to persons or property, including but not limited to entrant’s computer, hardware or software, which may be caused, directly or indirectly, in whole or in part, from entrant’s entry in this Giveaway; and/or (vi) use or misuse of the prize (or any part). Entrants agree that Black+Decker may share any and all information collected through this Giveaway from time to time with its affiliates and any other third party necessary to administer Giveaway and/or award the prize. 7. 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 participate in this Giveaway. Such participants 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 participants 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.” 8. PUBLICITY RELEASE: Acceptance of the prize constitutes Winner's permission for BLACK+DECKER to use Winner's name, photo image, likeness, voice, biographical information, statements and address (city and state) (collectively, "Attributes") for advertising and/or publicity 3
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 releases BLACK+DECKER from all claims arising out of the use of such Attributes. 9. DISQUALIFICATION/FORCE MAJEURE: BLACK+DECKER 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 BLACK+DECKER’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 BLACK+DECKER 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/provincial or local government law, order, or regulation, public health crisis (e.g. SARS), order of any court or jurisdiction, or other cause not reasonably within BLACK+DECKER’s control (each a “Force Majeure” event or occurrence), then BLACK+DECKER shall have the right to modify, suspend, or terminate this Giveaway. If this Giveaway is terminated before the designated end date, BLACK+DECKER will (if possible) select the potential Winner in a random drawing from all eligible, nonsuspect 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. Only the type and quantity of prize described in these Official Rules will be awarded. BLACK+DECKER reserves the right to amend these Official Rules at any time and any such amendment will be located on BLACK+DECKER’s website and will also be posted on twitter. 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. 10. 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 the entrant and BLACK+DECKER 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. WINNER/OFFICIAL RULES: To obtain Official Rules or Winner’s name, send a self-addressed envelope to BLACK+DECKER Garden Tools Giveaway – 2016, 701 E. Joppa Road, MS# TW230, Towson, MD 21286, Attn.: S. Miller. All such requests must be received by Aug. 1, 2016.
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