Emerson Tool Company
Sweepstakes Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE THE CHANCES OF WINNING.
THIS SWEEPSTAKES IS VOID IN PUERTO RICO AND WHERE PROHIBITED BY LAW.
1. Sponsor. The Sponsor of this Sweepstakes is Emerson Tool Company division of Emerson Electric, Inc., 8100 West Florissant Ave. Bldg T, P.O Box 36902 St. Louis, MO 63136 (the “Sponsor”).
2. Eligibility. The sweepstakes (the “Sweepstakes”) is open to legal residents of the United States who are 18 years of age or older as of the date of entry. Individuals in any of the following categories are not eligible to enter or win: (a) directors, officers, employees or agents of Sponsor or their affiliates, parents, subsidiaries, professional advisers, advertising and promotional agencies other entities involved in this Sweepstakes and (b) individuals who are immediate family members of or who reside in the same household as any individual described above. The Sweepstakes entry period begins on September 6, 2016 and ends on September 16, 2016 (the “Entry Period”).
3. Entry. There are two ways to enter: 1) truthfully complete the entire Survey as provided by email by Sponsor, and fill out the entry form at the end of the survey and submit all as a response via email to Sponsor, to the email received from Sponsor with the Survey questions or 2) on a plain 3” x 5” piece of paper, hand print your name, e-mail address, address, phone number and date of birth, and mail it to Emerson Tool Company, Attn: September 2016 Marketing Research Sweepstakes Entry, 8100 West Florissant Ave. Bldg T, P.O Box 36902 St. Louis, MO 63136. Only one entry per envelope. All mail-in entries must be postmarked on or after September 6, 2016 and on or before September 16, 2016. Emailed entries must be submitted during the Entry Period. Mail-in entries that are not received by September 23, 2016 will not be accepted. Entries that do not comply with these Official Rules of the Sweepstakes will result in disqualification. Sponsor reserves the right in its sole discretion to disqualify any entry at any time which, in Sponsor’s opinion, is offensive, contains unsuitable material, endangers the safety or wellbeing of any entrant, or if it is determined the entrant has not complied with these Official Rules. Limit one entry per household, regardless of method of entry. Entries in excess of limit are void. To be valid, each entry must provide all information requested.
4. Random Drawing. On or about September 30, 2016, a single potential winner will be selected by random drawing from all eligible entries received, and such entrant will win the Prize, described Section 5. Decisions of the Sponsor will be final and binding on all matters relating to this Sweepstakes. The Prize is not transferable. No substitution or cash redemption of the Prize, or any portion thereof, is allowed, except at the sole discretion of the Sponsor. Odds dependent on number of entries but are estimated to be around 1/200.
5. Prize. The winner will receive a two hundred fifty dollar ($250) Visa gift card (the “Prize”). Terms and conditions of Visa card may apply; see card for full details. This Sweepstakes is not affiliated with Visa. If a Prize or any portion thereof cannot be awarded for any reason, Sponsor reserves the right to substitute such Prize, or portion thereof, with another prize of equal or greater value. The Prize will be mailed to the potential winner at the address provided on entry after verification of the potential winner’s eligibility and the potential winner returning all required documents, as specified in these Official Rules. The potential winner will be notified by e-mail, or telephone if no e-mail address is provided, within 72 hours of the drawing. If the potential winner cannot be reached, does not respond within five working days of the first notification attempt, is found to be ineligible, or declines to accept the Prize, the potential winner may be disqualified in Sponsor’s sole discretion, the Prize will be forfeited and in such case Sponsor will select an alternate winner in a random drawing from the remaining eligible entries. The potential winner may be required to complete, sign, and return to Sponsor an Affidavit of Eligibility, a Liability Release and a Publicity Release each within 14 days of receipt of such documents from Sponsor. If such documents are not returned to Sponsor prior to such deadline, the Prize may be forfeited in Sponsor’s sole discretion, such potential winner shall be disqualified, and an alternate winner will be selected by Sponsor in a random drawing from the remaining eligible entries. In the event that more than one prospective winner is inadvertently named, a random drawing will be held among all such potential winners to select one winner. Except where prohibited by law and notwithstanding anything to the contrary in the Sponsor’s Privacy Policy, the winner also grants Sponsor the right to use the winner’s submission, first name, hometown, images and likenesses for advertising, publicity and promotion purposes, including print, broadcast and on-line announcements, without further compensation and at no expense to the winner.
6. Privacy Policy. All entries will become the property of Sponsor and will not be returned to an entrant. Sponsor will not be responsible for lost, stolen, misdirected, postage due or misplaced entries. Personal information that an entrant submits will be subject to the Sponsor’s Privacy Policy. In addition, personal information collected in the course of the Sweepstakes will be used to administer the Sweepstakes and contact potential winners. For a copy of the Sponsor’s Privacy Policy please go to http://www.emerson.com/en-US/Pages/Privacy_Policy.aspx or send a written request with a self-addressed, stamped envelope to: Emerson Tool Company, Attn: September 2016 Marketing Research Sweepstakes Entry 8100 West Florissant Ave. Bldg. T, P.O Box 36902 St. Louis, MO 63136.
7. Taxes. The winner is responsible for all applicable local, state, provincial and/or federal taxes. When required by law, Sponsor will report the names of the winner and the value of the Prize won by the winner to the appropriate taxing authority. If requested by Sponsor, the potential winner will be required to complete, sign and return to Sponsor an IRS Form W-9, or other applicable tax form, prior to receiving the Prize. Failure to complete, sign and return a W-9, or such other appropriate tax form, will result in the winner being disqualified, and in such case Sponsor will select an alternate winner in a random drawing from remaining eligible entries.
8. Additional Conditions. Each entrant agrees to, accepts and shall abide by these Official Rules of this Sweepstakes and agrees that any dispute with regard to the conduct of this Sweepstakes, rule interpretation or award of the Prize, shall be resolved by Sponsor, in its sole discretion. Sponsor is not responsible for any typographical or other errors in the printing of these Official Rules, administration of this Sweepstakes or in the announcement of any winner(s) or Prize(s). Use of any automated entry software is prohibited. Mechanically reproduced or faxed entries are void. Entry materials that have been tampered with or altered are void. If for any reason Sponsor is unable to run this Sweepstakes as planned, or if any computer or web site associated with this Sweepstakes does not allow the proper playing of the Sweepstakes and the processing of entries per these rules, or if infection by computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes, in Sponsor’s sole opinion, corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, Sponsor reserves the right, at its sole discretion, to disqualify any entrant implicated in such action, and/or to cancel, modify or suspend this Sweepstakes or any portion thereof. In the event this Sweepstakes is cancelled, Sponsor reserves the right to conduct a random drawing to award the Prize from among all eligible, non-suspect, entries received for the drawing prior to the time of the action or event warranting such cancellation. This Sweepstakes is subject to all federal, state, provincial and local laws and regulations.
9. Hold Harmless/Release. By participating, each entrant agrees to hold harmless Sponsor, participating sponsors, and any of their respective parent companies, subsidiaries, affiliates, directors, officers, employees and agencies from any liability whatsoever, and waive and release such parties from any and all causes of action, for any claims, costs, injuries, losses, or damages of any kind (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional) arising out of or in connection with the event or acceptance, possession, or use/misuse of any Prize, participation in any promotion-related activity, or participation in the promotion, whether under a theory of contract, torts (including, without limitation, negligence), warranty, or any other theory or cause of action.
10. Miscellaneous. Each entrant agrees that: (1) any and all disputes, claims, and causes of action arising out of or in connection with this Sweepstakes, or any Prize awarded, shall be resolved individually, without resort to any form of class action, and any judicial proceeding shall take place in a federal or state court within the State of Missouri (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event legal/attorneys’ fees; and (3) UNDER NO CIRCUMSTANCES, WILL ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM, 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 entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with the laws of the State of Missouri, without giving effect to any choice of law or conflict of law rules or provisions.
11. Winners List/Official Rules. To obtain a copy of the “Official Rules” for the Sweepstakes, please send a written request with a self-addressed, stamped envelope to: Emerson Tool Company, Attn: September 2016 Marketing Research Sweepstakes Entry, 8100 West Florissant Ave. Bldg. T, P.O Box 36902 St. Louis, MO 63136.