DEWALT “#ShowUsYourTough GIVEAWAY - 2017

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN.

THIS GIVEAWAY IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY OR ASSOCIATED WITH INSTAGRAM, INC.

This DEWALT “#ShowUsYourTough” Giveaway - 2017 (“Giveaway”) is sponsored by DEWALT (“Sponsor”) whose address is 701 E Joppa Rd. Towson, MD 21286.  The entry period is April 21, 2017 at 9 AM Eastern Time (“ET”) through April 28, 2017 at 5 PM ET (“Entry Period”).  Sponsor is the official timekeeper for 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 Sponsor which shall be final and legally binding.  Each entrant understands that they are providing their information to Sponsor and not to Instagram and the information provided will be used in accordance with Sponsor’s privacy policy which may be viewed on http://www.dewalt.com/en-us/legal/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 the Giveaway.  If an entrant does not fully agree to the terms of the Privacy Policy, such entrant should not enter this Giveaway.  All entries submitted are the property of Sponsor and will not be acknowledged or returned.  Limit of: one (1) Entry per person; two (2) prizes to be awarded; two (2) Winners to be declared; and not more than one (1) prize per Winner.  Subject to all applicable federal, state and local laws and regulations.  Void where prohibited. 

1.  ELIGIBILITY:  This Giveaway is open only to persons who are legal residents of the USA (50 states or Washington, DC) and are 18 years of age or older at the time of entry.  Entrants must have a valid Instagram® account to enter.  Employees (and 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) of Sponsor and its affiliates (individually and collectively, “Giveaway Entities”) are not eligible to enter.   INSTAGRAM is a trademark of INSTAGRAM, Inc.

2.   HOW TO ENTER:  During the Entry Period, you must complete the following to enter:  (A) visit www.instagram.com and log into your Instagram account; (B) if you have not done so already, "Like" Sponsor’s Instagram page, @Dewalttough; (C) click on the Giveaway post on Sponsor’s Instagram page; (D) agree to these Official Rules and Terms of Use; (E) return to your personal Instagram page; (F) post an image featuring only your DEWALT products; and (G) in the caption portion of your image, you must include #DEWALTTOUGH and #DWGiveaway along with username “@dewalttough”.  All Entries must be in compliance with these Official Rules, original to the entrant, not include any competitive products, reflect the entrant’s personal experience, meet the required subject criteria (show us your tough DEWALT products), and cannot contain any objectionable or inappropriate content, in Sponsor’s sole and absolute discretionDEWALT reserves the right to disqualify any entry that does not comply with these Official Rules.  Each entry that qualifies under the criteria of this Giveaway and is entered by an eligible entrant is referred to as “Entry”.  The potential winners may be required to show proof of being the authorized Instagram account holder. Limit of one (1) Entry per person.  Sponsor is not responsible for any unauthorized use of an entrant’s submitted entry materials by Instagram® and its affiliates or by Instagram® users.  By entering this Giveaway, each entrant agrees to be bound by these Official Rules and represents and warrants their Entry materials are original and they own all right and title thereto and their Entry does not infringe any third party intellectual property rights.  By submitting an Entry, the entrant represents and warrants that the above is accurate and true and the entrant agrees to assign and hereby does assign to Sponsor the ownership rights to all of the Entry materials.  To the extent any such ownership rights are owned by or obligated to be assigned to Instagram, Inc. or its affiliates, the entrant agrees to assign and hereby does assign all remaining ownership rights to Sponsor, and agrees to grant, and hereby does grant, to Sponsor a worldwide, irrevocable, royalty-free license under any rights owned by or obligated to be assigned to Instagram, Inc. or its affiliates.  All Entry materials must be entered at one time and once an entrant submits their Entry, it cannot be changed.  Entry in this Giveaway constitutes permission (except where prohibited by law) to use entrant’s name, city, state, likeness, image and 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.  All Entry materials become the property of Sponsor and will not be returned and may not be acknowledged.  If the Giveaway is not completed in accordance with these Official Rules, the resulting entrant’s Entry will be disqualified. Entries made by any other individual or any entity, including but not limited to commercial sweepstakes subscription notification and/or entering services, will be declared invalid and disqualified for this Giveaway. Tampering with the entry process or the operation of the 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 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 authorized account holder of the Instagram® account used to enter will be deemed to be the entrant.  “Authorized account holder” is defined as the person who is assigned to a Instagram® account by Instagram, Inc.  An Entry will be disqualified if it is illegible, forged, falsified, altered or improperly tampered with in any way.

3.  RANDOM DRAWING:  The random drawing will be held by a representative of the Sponsor on or about May 1, 2017.  The two (2) Entries drawn will each be declared a 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 A WINNER UNLESS AND UNTIL ENTRANT'S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN ADVISED BY SPONSOR THAT VERIFICATION IS COMPLETE.

 

4.  NOTIFICATION AND ACCEPTANCE OF PRIZE:  The potential Winners will be notified by Sponsor via Instagram® inbox message and/or comment within five (5) days after the drawing is held.  The potential Winners must accept a prize by returning to Sponsor a completed and personally signed Affidavit of Eligibility and Liability/Publicity Release and IRS tax form W-9 within ten (10) days of Sponsor’s initial notification.  Failure to do so will result in forfeiture of the prize.  Sponsor shall have no liability for any potential prize winning notification that is not received by a potential Winner for any reason.  If, despite reasonable efforts by Sponsor, a potential Winner does not respond to notification and accept prize as required herein or if prize notification is returned as unclaimed or undeliverable, such potential Winner will be disqualified and forfeits the prize.  If a potential Winner is found to be ineligible, has not complied with these Official Rules, declines the prize or does not provide information necessary for Sponsor to award prize, such potential Winner will be disqualified and forfeit any prize in this Giveaway.  If a potential Winner is disqualified or forfeits prize, Sponsor may but shall not be required to select an alternate potential Winner from amongst all remaining eligible Entries.

5.  PRIZE:  The prize is a DEWALT prize pack comprised of one (1) of each of the following products:

Prize Description

Approximate Retail Value

DCD996P2 - 20V MAX* XR LITHIUM ION BRUSHLESS 3-SPEED HAMMERDRILL KIT

$279.00

DWST08810 - TOUGHSYSTEM® RADIO + CHARGER

$199.00

DCB609 - 20V/60V MAX* FLEXVOLT 9.0AH BATTERY

$199.00

DWST08203 - TOUGHSYSTEM® DS300 LARGE CASE

$50.00

DW5205 - Percussion Set With Tough Case 5-Pieces

$22.00

TOTAL APPROXIMATE RETAIL VALUE OF PRIZE:

$749.00

The total approximate retail value of the prizes to be awarded is $1,498.00.  The prize is non-assignable and non-transferable and has no credit or cash value.  Sponsor reserves the right, in its sole and absolute discretion, to substitute the prize (or part of the prize) for one of equal or greater value, for any reason. Each Winner is solely responsible for federal, state and local income and other taxes on the prize and all costs and expenses incurred in their entering this Giveaway and accepting and using the prize awarded.  Each Winner should allow up to eight (8) weeks before the prize is shipped to them, once they have been declared an official Winner by Sponsor. The prize will be mailed to each Winner’s USA street mailing address (cannot ship to a post office box) via regular ground mail. An IRS tax form 1099 in the amount of $749.00 will be issued to each Winner.

6.  PUBLICITY RELEASE:  Acceptance of a prize constitutes each Winner's permission for Sponsor to use Winner's Entry, name, photograph, video, image, likeness, voice, biographical information, statements, 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 releases Sponsor 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 Giveaway Entities, Instagram, Inc., Giveaway prize suppliers, all other 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 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; (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 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 Giveaway; and (vi) theft, tampering, destruction, or unauthorized access to, or alteration of entries.  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.

8.  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.”

9.  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 any 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, extend 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 prizes 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 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. WINNERS‘LIST/OFFICIAL RULES: To obtain Official Rules or Winners’ names, send a self-addressed envelope to DEWALT #ShowUsYourTough Giveaway - 2017, 701 E. Joppa Road, MS# TW230, Towson, MD 21286, Attn.: S. Miller.  All such requests must be received by June 30, 2017.  With respect to 20V MAX* - Maximum initial battery voltage (measured without a workload) is 20 volts. Nominal voltage is 18.  With respect to 60V MAX* - Maximum initial battery voltage (measured without a workload) is 60 volts. Nominal voltage is 54.