Rules

AMERICA’S POWER DRIVE TOUR - 2016

OFFICIAL RULES

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

If you do not want your CHALLENGE EVENT information POSTED ON THE LEADERBOARD, do not enter this CHALLENGE. 

This America’s Power Drive Tour – 2016 (“Challenge”) is sponsored by DEWALT Industrial Tool Co., 701 E. Joppa Road, Towson, Maryland 21286 (“DeWALT”). This Challenge will be held at participating Lowe’s Companies, Inc. (“Lowe’s”) stores on select dates/times between September 12, 2016 and October 14, 2016.  It is anticipated there will be:  1 Qualifying Event prize and 1 Qualifying Event Winner for each Challenge event; 50 Honorable Mention Prizes and 50 Honorable Mention Winners (1 Honorable Mention Prize per Honorable Mention Winner); 50 Runner-Up Prizes and 50 Runner-Up Winners (1 Runner-Up Prize per Runner-Up Winner); and 1 Grand Prize and 1 Grand Prize Winner.  Information on this Challenge can be found on DEWALT’s website at www://dewalt.com (“Website”), the Official Rules will be located at www.DEWALT.com/Americas-power-drive/rules, and the Challenge LeaderBoard and locations, dates and times of Challenge events will be located at www.DEWALT.com/Americas-power-drive.  The Challenge LeaderBoard will contain the following information for each participant:  first name; first initial of last name; town/city, state and Lowe’s store number where Challenge event took place; Challenge event date; and participant’s Challenge event time.  If you do not want your INFORMATION POSTED ON THE CHALLENGE LEADERBOARD, do not enter this CHALLEGE.  The Challenge LeaderBoard will be updated on a weekly basis, starting on or about September 19, 2016.  DeWALT reserves the right, in its sole and absolute discretion, to terminate, suspend or change this Challenge at any time and for any reason, without notice, including but not limited to any Challenge event locations, dates and times or the number of Challenge events held.  The tool participants use to complete the Challenge is a DEWALT impact driver or comparable DEWALT power tool (“Challenge Tool”).  DEWALT will be the official timekeeper of this Challenge.  By ENTERING this Challenge, each participant fully and unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of DEWALT, which shall be final and legally binding in all respects.

In this Challenge, each participant is solely responsible for:

  • knowing how to safely operate the Challenge Tool and all equipment and materials;
  • operating the Challenge Tool, equipment and materials in a safe manner; and
  • conducting themselves in a safe and prudent manner for his/her safety and the safety of those around them.

Each entrant understands they are providing their information to DEWALT and the information will be used in accordance with DEWALT’ privacy policy.  Should there be conflict between DEWALT’ privacy policy and these Official Rules, these Official Rules shall govern. Any personally identifiable information collected during an entrant’s entry in this Challenge will be collected by DEWALT or its designee and used by DEWALT and its designees for purposes of proper administration, fulfillment, publicizing and promotion of this Challenge as described herein, as stated in DEWALT’s privacy policy or as otherwise expressly consented to by entrant during any opt-in opportunity provided to entrant during entry in this Challenge.

1.   ELIGIBILITY:  This Challenge is open only to persons who are legal residents of a USA state or Washington, D.C. and are age 18 (or 19 for residents of Alabama or Nebraska) or older.  Employees of DeWALT, Stanley Black & Decker, Inc., Lowe’s, any of their respective affiliates and the immediate families (defined as spouse, domestic partner, children, siblings, parents, grandparents, grandchildren and step family) and/or people living in same household (related or not) of each are not eligible.  Participants under the influence of alcohol or drugs are not allowed to enter this Challenge.

2.   HOW TO ENTER:  To enter, each participant must complete, sign and return to DEWALT the Affidavit of Waiver and Release (“Waiver”).  Participants may participate in more than one Challenge event; however, if a participant is a Qualifying Event Winner they are prohibited from participating in any other Challenge Event in this Challenge.  If a participant enters more than one Challenge event, they must complete, sign and return to DEWALT a new Waiver each time and his/her time only applies to the Challenge event in which the time was achieved.  At each Challenge event, no practice rounds will be permitted and participants have only one opportunity to do the challenge, subject to these Official Rules.

3.   CHALLENGE COMPETITION:  The object of this Challenge is to safely drive five (5) screws flush (see definition of “flush” below) into the Challenge surface, a “2 x” board indicated as the drilling surface by a DeWALT representative (“Surface”) in the fastest time.  Participants must wear all protective gear provided by DEWALT, be in the Challenge area designated by the DeWALT representative (“Area”), and complete the following steps in order:

(i)                   with the same hand they will use to operate the Challenge Tool (“driver hand”) - start the timer;

(ii)                 with the driver hand - remove the Challenge Tool from its holder;

(iii)                with either hand - grab screws, individually or collectively, from the Area;

(iv)                with the driver hand - using the Challenge Tool, drive five (5) screws into the Surface so that each screw is flush with the Surface;

(v)                 with the driver hand - put the Challenge Tool back into its holder; and

(vi)                with the driver hand - stop the timer.

Participants are not permitted to touch any screws at any time prior to 3(iii) above.  The last person to touch any of the screws before the start of each Challenge event and before the start of each participant’s participation in the challenge competition must be a DEWALT representative onlyFor purposes of this Challenge, “flush” means that the top of the head of the screw is level with or below the Surface.  The participant with the fastest time at each Challenge event will be declared the potential “Qualifying Event Winner”.  Each potential Qualifying Event Winner will be notified by DEWALT either in person or by telephone, email or mail (based on information provided in the Waiver) within 48 hours after the respective Challenge event. Odds of winning a prize depend on number of eligible participants and their skill level.  The participant with the #1 top fastest time of all participants in this Challenge will be declared the potential “Grand Prize Winner.”  Subject to these Official Rules, the next fifty (50) participants who have the fastest times in this Challenge (after the participant who was declared the potential Grand Prize Winner) will each be declared a potential “Runner-Up Winner”, and the next fifty (50) participants who have the next fastest times in this Challenge (after the participant who was declared potential Grand Prize Winner and the participants who were declared potential Runner-Up Winners) will each be declared a potential “Honorable Mention Winner”.   If there is a tie of Challenge event times in the Runner-Up and/or Honorable Mention tier, the number of potential Winners for such tier will be increased to include all participants of the tying group, subject to DEWALT’s sole and absolute discretion and these Official Rules.

If there is a tie of the fastest time at a Challenge event to determine the Qualifying Event Winner, DEWALT will immediately notify participants with tying time and such participants must participate in person at a tie-breaking round of the challenge at the time specified by DEWALT on the same day and at the same Challenge event location at which such participants had their tying timeParticipants must participate in person at the tie-breaking round within 1.5 hours after being notified by DEWALT -- failure to do so will result in that participant’s disqualification. The participant with the fastest time at the tie-breaking round will be declared the potential Qualifying Event Winner.  If a participant does not participate in person at the tie-breaking round, his/her tying time will be disqualified and the participant who participates in person at the tie-breaking round will be declared the potential Qualifying Event Winner.  If none of the tying participants participates in person at the tie-breaking round, their tying times will be disqualified and the participant with the next fastest time from that Challenge event will be declared the potential Qualifying Event Winner. 

If there is a tie of the #1 top fastest time in the Challenge, DEWALT will notify participants with the tying time and such participants must participate in person at a tie-breaking round of the challenge at the time, date and location specified by DEWALT.  Participants must participate in person at the tie-breaking round -- failure to do so will result in the participant’s disqualification.  The participant with the fastest time at the tie-breaking round will be declared the potential Grand Prize Winner and the other participant(s) will be declared Runner-Up Winner(s).  If a participant does not participate in person at the tie-breaking round, his/her tying time will be disqualified for the Grand Prize (however they will be declared potential Runner-Up Winner) and participant who participates in person at the tie-breaking round will be declared the potential Grand Prize Winner even if their tie-breaking round time is slower than their tying time.  If none of the tying participants participates in person at the tie-breaking round, their tying times will be disqualified for the Grand Prize (however they will be declared potential Runner-Up Winners) and the participant with the next fastest time will be declared the potential Grand Prize Winner, subject to these Official Rules.

 

If this Challenge is not completed in accordance with Official Rules, the participant’s time will be disqualified.  DeWALT, in its sole and absolute discretion, reserves the right to disqualify any participant who is not operating the Challenge Tool, equipment or materials or engaging in this Challenge, in a safe manner.  There will be no multiple rounds except in the event of a tie of the fastest time (see above).  If an event beyond the control of DEWALT occurs, which in DEWALT’s sole and absolute discretion makes it unsafe, impossible or unfair for participants to continue, DEWALT may discontinue and stop the Challenge Event and may, but is not obligated to, continue it at another time or day.  Participants will not have the opportunity to practice or retry; except DeWALT, in its sole and absolute discretion, may allow a participant to retake his/her turn if mechanical failure of the Challenge Tool, timer or Challenge rig - if such failure was beyond the control of the participant (including but not limited to motor burn out or failure to operate).  DeWALT shall not be responsible for any power, mechanical or other failures, whether or not related to the Challenge Tool, timer or Challenge rig, or if any participant does not use the Challenge tool in correct speed or mode.  At a Challenge Event if there is a malfunction of the Challenge Tool, timer or Challenge rig such that these items are no longer operable, DEWALT in its sole and absolute discretion will replace such item with a comparable substitute.  Participants are not allowed to use their own impact drivers, tools, equipment or any other Challenge-related materials (including but not limited to batteries, timers, stopwatches, etc.).  A DEWALT representative will be available to answer questions at each Challenge Event.  Participants who appear to be intoxicated or under the influence of any drugs or alcohol will be disqualified in DeWALT’s sole and absolute discretion.  A DEWALT representative will be the final judge determining winning times and Winners.  At a recently-held DEWALT challenge, there were approximately 20 participants per event; however, there is no way of knowing in advance the number of participants.  “Qualifying Event Winners”, “Honorable Mention Prize Winners”, “Runner-Up Prize Winners” and “Grand Prize Winner” are also referred to herein as “Winners”.  If a potential Winner is found to be ineligible for any reason, has not complied with these Official Rules, fails to deliver the required documents or take possession of prize, cannot be reached after a reasonable effort has been exerted by DEWALT, declines a prize or any reason or if any communication sent to a potential Winner is returned to DEWALT as undeliverable such that DEWALT and/or its agents/representatives cannot make the necessary arrangements regarding prize, such potential Winner will be disqualified and forfeit prize.  If a potential Winner is disqualified, DEWALT may, but shall not be required to, select an alternate potential Winner. DEWALT shall have no liability for any prize winning notification or documentation relating to this Challenge that is lost, intercepted, delayed in delivery or not received by a potential Winner for any reason.  To be declared an official Winner in this Challenge, each potential Winner must meet all eligibility requirements and fully comply with these Official Rules.  The disqualification of a participant or prize forfeiture shall be final and not subject to appeal or review for any reason whatsoever.

4.  NOTIFICATION AND ACCEPTANCE OF PRIZE:  The potential Qualifying Event Winners, Runner-Up Winners and potential Honorable Mention Winners will be notified by DEWALT within ten (10) business days after the Challenge has concluded.  Each of these potential Winners must respond to DEWALT and accept the respective Prize WITHIN FIVE (5) BUSINESS DAYS OF DEWALT’S FIRST NOTIFICATION ATTEMPT -- failure to do so will result in a forfeiture of Prize.  Each of these potential Winner will be required to complete and personally sign a Winner’s Affidavit, except where prohibited by law, and return the same to DEWALT within the above five (5) business-day period or such potential Winner will be disqualified and forfeit prize.  The potential Grand Prize Winner will be notified by DEWALT within ten (10) business days after the Challenge has concluded.  THE potential grand prize Winner must respond to DEWALT and accept the grand Prize WITHIN five (5) BUSINESS DAYS OF DEWALT’S FIRST NOTIFICATION ATTEMPT -- failure to do so will result in a forfeiture of Prize.  The potential Grand Prize Winner will be required to complete and personally sign an Affidavit of Eligibility and Liability/Publicity Release form (“Winner’s Affidavit”), except where prohibited by law, and an IRS tax form W-9, and return such required items to DEWALT within the above five (5) business-day period or such potential Grand Prize Winner will be disqualified and forfeit prize.

5.  PRIZES:  The following prizes will be awarded:

Qualifying Event Prize:  The Qualifying Event Prize is one (1) DEWALT 10 Amp Reciprocating Saw SKU# DWE304 (approximate retail value “ARV” $89).  Each Qualifying Event Winner will be required to collect, in person, the Qualifying Event prize at the Challenge event or on a date, time and location mutually agreed to by the Qualifying Event Winner and DEWALT representative.  Each Qualifying Event Winner is solely responsible for collecting and transporting the Qualifying Event prize, including all costs and expenses related thereto.

Honorable Mention Prize:  The Honorable Mention Prize is one (1) DEWALT 20V MAX* Compact Drill Driver Kit SKU# DCK780C2 (ARV $179).  The Honorable Mention Prize will be shipped to each Honorable Mention Winner up to twelve (12) weeks after he/she is declared an official Honorable Mention Winner and shipped via regular mail to the Honorable Mention Winner’s USA street address (cannot ship to a p.o. box).

Runner-Up Prize:  The Runner-Up Prize is one (1) DEWALT 20V MAX* Compact Drill/Impact Driver Combo Kit SKU# DCK280C2 (ARV $229).  The Runner-Up Prize will be shipped to each Runner-Up Winner up to twelve (12) after he/she is declared an official Runner-Up Winner and shipped via regular mail to the Runner-Up Winner’s USA street address (cannot ship to a p.o. box).

Grand Prize:  The Grand Prize is one (1) pallet of DEWALT products (listed on Exhibit A) having a total ARV of $5,059.  The Grand Prize will be shipped to the Grand Prize Winner up to twelve (12) after he/she is declared the official Grand Prize Winner and shipped via regular mail to Grand Prize Winner’s USA street address (cannot ship to a p.o. box).  AN IRS tax form 1099 will be issued to the grand Prize Winner for the total VALUE of prizes they receive in this Challenge.  The Grand Prize Winner is advised to seek independent counsel regarding the tax implications of accepting the Grand prize IN THIS CHALLENGE.

Prizes - General:  The total ARV of all prizes to be awarded in this Challenge is $41,759; however this will change if the number of Challenge events and/or Winners change.  Any unclaimed prize will not be awarded.  DEWALT is not responsible for any Winner’s acceptance, possession, use or misuse of prize.  The prizes are non-transferable, non-assignable and not redeemable for credit or cash.  DeWALT reserves the right to substitute a prize (or any part) for a prize (or part) of equal or greater value for any reason whatsoever, in its sole and absolute discretion.  Qualifying Event prizes, Honorable Mention Prizes, Runner-Up Prizes and Grand Prize are also referred to respectively herein as “prizes”.  The ARV of each prize represents DEWALT’s good faith determination, is final and binding and cannot be challenged or appealed.  No more than the stated prize numbers will be awarded.  All income and other taxes (federal, state and local) on the prizes are the sole responsibility of each Winner. 

 

6.   PUBLICITY RELEASE:  Acceptance of a prize in this Challenge constitutes Winner's permission for DEWALT and Lowe’s and/or their designees to use Winner's name, testimonial, personal exposition (and/or any edited portion thereof), image (still and/or video), likeness, audio, biographical information, statements, address (city/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 compensation or notice to or further consent of (except where prohibited by law) and Winner agrees to release DEWALT and Lowe’s and/or their designees from all claims arising out of the use of such Attributes.

7.    TERMS AND CONDITIONS: Void where prohibited. All federal, state, and local laws and regulations apply.  DeWALT is not responsible for any costs or expenses of participants in connection with his/her entry/participation in this Challenge (including but not limited to traveling to any Challenge Events) or in his/her claim, use and misuse of prize (or any part) awarded.  All participants are encouraged to check the Website for information regarding this Challenge.  The type of Challenge Tool used in this Challenge may vary, in DEWALT’s sole and absolute discretion; however all Challenge Events in a market will use the same type of Challenge Tool.  The device used as the timer to record participants’ times in the Challenge may vary, in DEWALT’s sole and absolute discretion.  All decisions related to this Challenge, the operation thereof, these Official Rules, declaration of Winners, award of prizes, and qualification or eligibility of any participant are at the sole and absolute discretion of DeWALT and are final.  By entering/participating in this Challenge, each participant assumes all of risk of injury, death, damages, losses and/or claims arising out of his/her entry/participation in this Challenge and his/her acceptance, use and/or misuse of the prize awarded hereunder.  Each participant agrees to release and hold DeWALT, Lowe’s, Challenge prize suppliers and each of their respective past and present employees, officers, directors, shareholders, agents, designees, representatives, AFFILIATES and LICENSEES harmless from any and all injury, death, damages, liabilities (direct or indirect), losses and other claims arising out of participant’s entry and/or participation in this Challenge and/or resulting from participant’s acceptance, POSSESSION, use and/or misuse of prize awarded hereunder.  Participants acknowledge and agree that DeWALT may share any and all information collected through this Challenge with its affiliates and third parties necessary to administer Challenge and/or award prize(s). DeWALT may verify that all participants are qualified.  If any participant commits any act or is involved in any situation or occurrence which informed parties can reasonably conclude brings DeWALT into public disrespect, scandal or ridicule, shocks or offends the community, detracts from the public image of DeWALT, or reflects unfavorably upon DeWALT, DeWALT shall have the right, at its sole and absolute discretion, to disqualify the participant from this Challenge.  DeWALT reserves the right to disqualify any participant who circumvents these Official Rules or spirit of this Challenge.  The English version of these Official Rules shall govern over all other translated versions.  The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision.  Failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.  DeWALT is not responsible for any electronic or typographical error in the printing or reproduction of: (a) these Official Rules, Winner’s Affidavit and Waiver form; (b) any Challenge-related materials, including but not limited to print or online advertising; (c) administration of this Challenge; or (d) in the announcement of any prize or Winner.  In the event of any discrepancy or inconsistency between these Official Rules or other statements contained in any Challenge-related materials, including but not limited to the Waiver and/or print or online advertising, these Official Rules shall prevail, govern and control.  All Waivers become the property of DeWALT and will not be acknowledged or returned. DeWALT is not responsible for (i) lost, late, damaged, misdirected or illegible Waivers, Winner’s Affidavits or IRS tax W-9 form, or (ii) any theft, tampering, alteration, or destruction associated with this Challenge.

8.    DISPUTES AND CHOICE OF LAWExcept where prohibited, each entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Challenge or prizes 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, 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 parties in connection with this Challenge 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.

9.   RELEASE OF CLAIMS (CALIFORNIA):  Each participant acknowledges that there is a possibility that, subsequent to his/her involvement or entry and participation with this Challenge and adherence to these Official Rules he/she 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 him/her at that time may have materially affected his/her decision to enter this Challenge.  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 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.

10.  OFFICIAL RULES; WINNERS’ LIST:  To receive these Official Rules or Winners’ list, send a self-addressed envelope to America’s Power Drive Tour- 2016, c/o DEWALT, 701 E. Joppa Rd., MS#TW230, Towson, MD 21286, Attn. S. Miller.  Specify whether you are requesting the Official Rules or Winners’ list.  All such requests must be received by December 31, 2016.

Exhibit A

MODEL #

DESCRIPTION

QUANTITY

TOTAL ARV

DCK420D2

20V MAX* LI-ION COMPACT 4-TOOL COMBO

2

$                       638.00

DCK280C2

20V MAX* COMPACT DRILL / IMPACT DRIVER COMBO

3

$                       597.00

DWE304

10AMP RECIPROCATING SAW

2

$                       178.00

DW235G

1/2" VSR DRILL 0-850 RPM

2

$                       198.00

DWE402W5

4.5IN PADDLE SWITCH GRINDER w/5 WHLS

2

$                       198.00

DCB203

20V MAX* 2.0AH LI-ION BATTERY

4

$                       356.00

DCB204

20V MAX* 4.0 AH LI-ION BATTERY PCK

4

$                       685.00

DW4899

16PC RECIP BLADE KIT W/CASE

6

$                       149.00

DCF885C2

20V MAX* Li-lon 1/4" COMPACT IMPACT DRVR

2

$                       358.00

DW511

1/2" HAMMER DRILL SINGLE SPEED

1

$                          99.00

DCD780C2

20V MAX* COMPACT DRILL DRIVER KIT

2

$                       358.00

DW272

DRYWALL SCRUGUN 0-4,000

1

$                          99.00

DCK290L2

DEWALT 20V MAX* 2-Tool Cordless Combo Kit

2

$                       658.00

DCK425C

DEWALT 4-Tool 18Volt Nickel Cadmium (NiCd)

1

$                       349.00

D28115

DEWALT 5-in 13-Amp Trigger Corded Angle Grinder

1

$                       139.00

TOTAL:

   $                       5,059.00

* - Maximum initial battery voltage (measured without a workload) is 20 volts. Nominal voltage is 18.