1. 1
BLACK+DECKER YOUR BIG FINISH™ CONTEST - 2014
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
This BLACK+DECKER Your Big Finish™ Contest - 2014 (“Contest”) is sponsored by Black & Decker (U.S.) Inc., 701 E. Joppa Road, Towson, MD 21286 (“Sponsor”). This Contest will be held from November 10, 2014 at 12:01 AM Eastern Time (“ET”) until December 28, 2014 at 11:59 PM ET (“Contest Entry Period”) and will be comprised of seven (7) separate “weekly entry periods” as follows: Week #1 - November 10, 2014 at 12:01 AM ET - November 16, 2014 at 11:59 PM ET; Week #2 - November 17, 2014 at 12:01 AM ET - November 23, 2014 at 11:59 PM ET; Week #3 - November 24, 2014 at 12:01 AM ET - November 30, 2014 at 11:59 PM ET; Week #4 – December 1, 2014 at 12:01 AM ET - December 7, 2014 at 11:59 PM ET; Week #5 - December 8, 2014 at 12:01 AM ET - December 14, 2014 at 11:59 PM ET; Week #6 - December 15, 2014 at 12:01 AM ET - December 21, 2014 at 11:59 PM ET; and Week #7 - December 22, 2014 at 12:01 AM ET - December 28, 2014 at 11:59 PM ET. Entry in this Contest does not constitute entry into any other promotion, sweepstakes or contest. Sponsor’s computer will be the official timekeeper for all matters relating to this Contest. By entering this Contest, each entrant fully and 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 in all respects. Each entrant understands that they are providing their information to Sponsor and such information will be used in accordance with Sponsor’s privacy policy which may be viewed at http://www.blackanddecker.com/PrivacyPolicy.aspx. 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 Contest will be collected by Sponsor or its designee(s) and used by Sponsor and its designee(s) for purposes of the proper administration, fulfillment, publicizing and promotion of this Contest as described in these Official Rules, as stated in Sponsor’s privacy policy or as otherwise expressly consented to by entrants during any separate opt-in opportunity provided to entrants during entry in this Contest. If an entrant does not fully agree to the terms of these Official Rules, such entrant should not enter this Contest. Provided there are a sufficient number of meritorious Entries in this Contest, there will be: a total of seven (7) Weekly Prizes awarded, one (1) per each separate weekly entry period; a total of seven (7) Weekly Prize Winners declared, one (1) per each separate weekly entry period (not more than one (1) Weekly Prize will be awarded per each Weekly Prize Winner); and, one (1) Grand Prize awarded and one (1) Grand Prize Winner declared for the Contest Entry Period. If an entrant becomes a Weekly Prize Winner, they will not be eligible to receive another Weekly Prize in this Contest; however they will still be eligible to win the Grand Prize.
PUBLICITY RELEASE: Entry in this Contest constitutes each entrant’s permission for Sponsor to use the entrant’s name, photograph, image, likeness, voice, biographical information, statements 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 (including a billboard in Times Square and Sponsor’s website), 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.
ELIGIBILITY: This Contest is open only to persons who are legal residents of one of the 50 states of the USA or Washington, D.C. and are 18 years of age or older at the time of entry in this Contest. Employees, officers and directors of Sponsor, MGH Inc. (“MGH”), Clear Channel Communications, Inc., their respective affiliates (individually and collectively, “Contest Entities”), immediate family members of each (for purposes of this Contest, “immediate family members” are defined as spouse, children, siblings, parents, grandparents and grandchildren), and people living in the same household (whether related or not) are not eligible to enter this Contest. Eligibility is subject to all federal, state and local laws and regulations. Void where prohibited.
TIMES SQUARE BONUS: Each Entry will be determined by the Judging Panel in this Contest (defined below) as to whether such Entry (including Attributes) qualifies to be shown on the CNN billboard in Times Square, New York, New York (“Times Square bonus”) during the Contest Period. Entrants do not need to be a Winner to qualify for this Times Square bonus. If an Entry is selected for this Times Square bonus, the entrant’s self photo, completed project photo, name, city and state will be included in the rotation of advertisements shown on the billboard. Sponsor, in its sole and absolute discretion, will determine the duration of time and order each Entry is shown on the billboard. This Times Square bonus is not considered a prize in this Contest. Each entrant who receives this Times Square bonus will be notified by Sponsor or Sponsor’s agent.
2. 2
HOW TO ENTER: All entrants must enter this Contest during the Contest Entry Period only as follows: (1) go to Sponsor’s designated landing page, www.yourbigfinish.com to enter (“Entry Site”); (2) complete the online entry form on the Entry Site, including agreeing to these Official Rules and the Terms of Use; (3) on the Entry Site, upload one (1) still photo image of “YOUR BIG FINISH project”, one (1) still photo image of yourself (entrant), and provide a brief description of your (entrant’s) “I FINISHED” completed project (must be fifty (50) characters or less); and (4) click “submit” to enter your (Entrant’s) entry. Each completed and eligible entry is referred to herein as an “Entry”. The same project cannot be entered more than once (whether by the same or a different entrant); however entrants may enter this Contest an unlimited number of times with a different project in each Entry. Each Entry received will be judged for the weekly entry period in which it was entered and for subsequent weekly entry periods in this Contest, if any. If an Entry is not selected for a Weekly Prize for the weekly entry period in which it was entered, the Entry will be eligible for subsequent Weekly Prizes (if any). The Entry materials, including entrants’ names and addresses, personal information, self and completed project photo images, descriptions, titles, captions, materials, narratives, and statements entered with Entries might be published on the Entry Site, Sponsor’s website, the CNN billboard in Times Square, NY, NY, and all such other places Sponsor determines in its sole discretion, and as such will be publicly available for viewing. IF YOU DO NOT WANT YOUR PERSONAL INFORMATION, PHOTO IMAGES (SELF AND/OR PROJECT PHOTOS), ENTRY INFORMATION, PROJECT DESCRIPTION, DESCRIPTION AND ANY OTHER ENTRY MATERIAL USED IN THE MANNER DESCRIBED HEREIN, DO NOT ENTER THIS CONTEST. All Entry materials must be consistent with the theme of this Contest and comply with these Official Rules. All Entry materials must be original to the entrant and consist of the entrant only and not any non-participating individuals or entities. Entry materials must not contain any objectionable content, in Sponsor’s sole and absolute discretion. By entering this Contest, each entrant agrees to be bound by these Official Rules and represents and warrants the Entry materials are original, they own all rights and title thereto and they do not infringe any third party intellectual property. By entering 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 Entry materials. All materials for each Entry must be entered at one time and once an entrant submits their Entry, it cannot be changed. Entries will be reviewed for content by Sponsor prior to publishing or posting on the Entry Site, Sponsor’s website, the CNN billboard in Times Square, NY, NY and any other published site and Sponsor reserves the right to edit Entry materials, in its sole and absolute discretion, before posting or publishing them, or to remove any Entry materials that are not in compliance with these Official Rules and Sponsor’s Terms of Use. All Entry materials become the property of Sponsor and will not be returned and may not be acknowledged. If the Contest 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 on behalf of another individual, including but not limited to commercial contest subscription notification and/or entering services, will be declared invalid and disqualified for this Contest. Tampering with the entry process or the operation of this Contest is prohibited and any entries deemed by Sponsor, in its sole and absolute discretion, to have been entered in this manner will be disqualified. 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, will be disqualified. Any Entry will be disqualified if it is illegible, forged, falsified, altered or improperly tampered with in any way. In case of a dispute over the identity of an entrant, the authorized account holder of the email address used to enter this Contest will be deemed to be the entrant. “Authorized account holder” is defined as the person who is 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. Contest Entities shall not be responsible for any costs or expenses incurred by any entrant in connection with entering this Contest. Video files are not an acceptable format for entry in this Contest.
COMPETITION AND JUDGING PANEL: For each Weekly Prize -- the Judging Panel (comprised of members of Sponsor’s digital marketing and media, brand and social teams and MGH) will select the Entry that best satisfies the judging criteria from all Entries entered in this Contest during the respective weekly entry period and its selection will be based on: (a) 50% - adherence to Contest theme; and (b) 50% - creativity. For the Grand Prize -- the Judging Panel will select the Entry that best satisfies the judging criteria from all Entries entered in this Contest for the entire Contest Entry Period and its selection will be based on: (a) 50% - adherence to Contest theme; (b) 25% - creativity; and (c) 25% - uniqueness of the Entry compared to all other Entries entered in this Contest. The Judging Panel reserves the right to reject or not consider any Entry in this Contest for any reason. An entrant is not required to be a Weekly Prize Winner to qualify for the Grand Prize or for the Times Square bonus. The odds of winning a prize will be determined by each Entry’s ability to provide the winning criteria and the number of Entries entered in each weekly entry period and in this Contest Entry Period.
NOTIFICATION AND CLAIM OF PRIZE: Each potential Weekly Prize Winner and the potential Grand Prize Winner will be notified by Sponsor that they are a potential Winner, via e-mail or telephone (based on information in the potential Winner’s Entry) within ten
3. 3
(10) business days after being declared a potential Winner. Sponsor shall have no liability for any potential prize winning notification that is lost, intercepted or not received by a potential Winner for any reason. Each potential Winner must accept and claim the respective prize by responding to Sponsor within ten (10) business days of Sponsor’s first notification attempt and returning the required documentation to Sponsor within such time period. IF, DESPITE REASONABLE EFFORTS BY SPONSOR, A POTENTIAL WINNER DOES NOT RESPOND TO NOTIFICATION AND ACCEPT AND CLAIM THE PRIZE AS REQUIRED PER THESE OFFICIAL RULES OR IF THE PRIZE NOTIFICATION IS RETURNED AS UNCLAIMED OR UNDELIVERABLE, SUCH POTENTIAL WINNER WILL BE DISQUALIFIED AND FORFEIT THE PRIZE. If a potential Winner is found to be ineligible, has not complied with these Official Rules, does not return the required document(s) to Sponsor as required herein, or declines a prize for any reason prior to award, such potential Winner will be disqualified and forfeit a prize in this Contest. In the event a potential Winner is disqualified, Sponsor may, but shall not be required to, select an alternate potential Winner according to the judging criteria set forth above. In order to be declared an official Winner in this Contest, the potential Winner must meet all eligibility requirements and fully comply with these Official Rules. Prize award is subject to verification by Sponsor. AN ENTRANT IS NOT THE WINNER OF A PRIZE UNLESS AND UNTIL ENTRANT'S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN ADVISED BY SPONSOR THAT VERIFICATION IS COMPLETE.
PRIZES: The prizes will be:
Entry Period
Prize Type
Prize Description
Number of Prizes to be Awarded
Approximate Retail Value (“ARV”)
Each Weekly Entry Period
#s 1 – 7
A Weekly Prize
BLACK+DECKER prize package comprised of one (1) of each of the following: BDCDE120C 20V MAX* Lithium Drill/Driver with AutoSense™; BDEMS600 Mouse Sander; BDCS40BI 4V MAX* Lithium Pivot Screwdriver; LCS1020 20V MAX* Chainsaw; BDCDCMT120 Matrix 20V MAX* Lithium Drill/Driver; BDCMTRS Matrix Reciprocating Saw Attachment; and BDCMTI Matrix Impact Driver Attachment
One (1) for each weekly entry period –
a total of seven (7) in this Contest
$439.91 per each Weekly Prize
Contest Entry Period
The Grand Prize
A $10,000 Check
One (1) only
$10,000
TOTAL ARV:
$13,079.37
Weekly Prize: The Weekly Prize will be one (1) BLACK+DECKER prize package described above. Each potential Weekly Prize Winner will be required to complete, personally sign and return to Sponsor the Affidavit of Eligibility and Liability/Publicity Release (“Winner’s Affidavit”), except where prohibited by law, within the above described ten (10) business day period. If a potential Weekly Prize Winner fails to sign and return their Winner’s Affidavit to Sponsor within such time period such potential Weekly Prize Winner will be forfeit a Weekly Prize. Each Weekly Prize Winner should allow four (4) to six (6) weeks after returning their signed Winner’s Affidavit to Sponsor before the prize is shipped to them. The Weekly Prize will be mailed to each Weekly Prize Winner’s USA street mailing address (cannot ship to a post office box) via regular ground mail. The Weekly Prizes may not be assigned, transferred, changed or exchanged and cannot be redeemed for cash or credit. Sponsor reserves the right to substitute a Weekly Prize (or any part of a Weekly Prize) for a prize (or part) of equal or greater value, for any reason, in its sole and absolute discretion. The approximate retail value (ARV) of the Weekly Prize represents Sponsor’s good faith determination of the retail value and is final and binding and cannot be challenged or appealed. Each Weekly Prize Winner is fully and solely responsible for any and all income and other taxes associated with winning a Weekly Prize.
Grand Prize: The Grand Prize will be one (1) check in the amount of $10,000 (Ten Thousand Dollars). The potential Grand Prize Winner will be required to complete, personally sign and return to Sponsor within the above described ten (10) business day period the following: the Winner’s Affidavit, except where prohibited by law, and an IRS tax form W-9. If the potential Grand Prize Winner fails to sign and return such documents to Sponsor within such time period or if Sponsor determines that such potential
4. 4
Grand Prize Winner is ineligible, such potential Grand Prize Winner will be disqualified and forfeit the Grand Prize in this Contest. Sponsor shall have up to sixty (60) days after its receipt of the above documents to mail the check to the Grand Prize Winner. The check will be mailed to the Grand Prize Winner’s USA street mailing address (cannot mail to a post office box). Sponsor reserves the right to substitute the Grand Prize for a prize of equal or greater value, for any reason in its sole and absolute discretion. The Grand Prize may not be assigned, transferred, changed or exchanged and cannot be redeemed for credit. The Grand Prize Winner is fully and solely responsible for any and all income and other taxes associated with the Grand Prize. The Grand Prize Winner is advised to seek independent counsel regarding the tax implications of accepting the Grand Prize. AN IRS TAX FORM 1099 IN THE AMOUNT OF $10,000 (OR FULL VALUE OF PRIZES THE GRAND PRIZE WINNER RECEIVES IN THIS CONTEST) WILL BE ISSUED TO THE GRAND PRIZE WINNER.
Contest Entities shall not be responsible for any taxes, fees, costs, or expenses incurred by any entrant in connection with their acceptance, claim and/or use of any prize awarded in this Contest. Sponsor reserves the right to substitute a prize with a prize of equal or greater value for any reason whatsoever. If a prize is unclaimed, a prize will not be awarded. The use of any prize manufacturer’s name or trademark in connection with any 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. The Grand Prize Winner and Weekly Prize Winners are also referred to herein as “Winners” (each a “Winner”), and the Weekly Prizes and Grand Prize are also referred to herein as “prizes” (each a “prize”).
GENERAL TERMS AND CONDITIONS: BY ENTERING, EACH ENTRANT AGREES for entrant and for entrant’s heirs, executors, and administrators (A) to release and hold harmless Contest Entities, Turner Broadcasting System, Inc. d/b/a CNN, Contest prize suppliers and each of their respective officers, directors, shareholders, representatives, licensees, agents, employees, assigns and all other individuals or entities involved in the administration this Contest or the award and delivery of any prize and/or the Times Square bonus (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 entry in this Contest and/or their claim, acceptance, possession, use or misuse of the prize or any part of the prize and/or the Times Square bonus; (B) to be bound by these Official Rules and Sponsor’s Terms of Use and to waive any right to claim any ambiguity or error therein or in this Contest itself; (C) to be bound by all decisions of Sponsor and Sponsor’s agents which are binding and final; and (D) that Released Parties are not responsible or liable for any injury or damage to my or any third person’s computer and/or its contents, related to or resulting from this Contest, for the theft of the prize or mail, for any malfunctions of the telephone network, computer Internet system, computer dating mechanism, computer equipment, software, or any combination thereof. Failure to comply with these conditions may result in disqualification from this Contest at Sponsor’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. 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, advertisement or reproduction of these Official Rules or in any Contest-related materials, including in print or online, administration of this Contest or in the announcement of any prize. The 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 or this Contest; (iv) electronic or human error which may occur in the administration of this Contest 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 Contest; and/or (vi) use of the prize.
DISQUALIFICATION/FORCE MAJEURE: Sponsor reserves the right in its sole discretion to disqualify any individual who provides false information, is found to be tampering with the entry process or the operation of this Contest, to be acting in violation of these Official Rules, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of this Contest, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Sponsor reserves the right to modify, extend, suspend, or terminate this Contest if it determines, in its sole discretion, that this Contest 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 Contest as contemplated herein. In the event an insufficient number of eligible Entries are received and/or Sponsor is prevented from awarding any prize or continuing with this Contest as contemplated herein by any event beyond its control, including but not limited to fire,
5. 5
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 Sponsor’s control (each a “Force Majeure” event or occurrence), then Sponsor shall have the right to modify, suspend, or terminate this Contest. If this Contest is terminated before the designated end date, Sponsor will (if possible) select a potential Winner based on the criteria set forth above from all eligible, non-suspect Entries received as of the date of the event giving rise to the termination and inclusion in this 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. Sponsor reserves the right to amend these Official Rules at any time and any such amendment will be located the Entry Site. 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.
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 Contest or any of the 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, including costs associated with entering this Contest, 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 Contest 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.
RELEASE OF CLAIMS (CALIFORNIA): Each entrant acknowledges that there is a possibility that, subsequent to their involvement with this Contest 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 Contest. 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.”
WINNERS’ LIST/OFFICIAL RULES: To obtain a copy of these Official Rules or names of the Winners, send a self-addressed envelope to BLACK+DECKER Your Big Finish™ Contest - 2014, 701 E. Joppa Road, Mail Stop No. TW230, Towson, MD 21286, Attn.: S. Miller. All such requests must be received by April 30, 2015.
With respect to 20V MAX* - Maximum initial battery voltage (measured without a workload) is 20 volts. Nominal voltage is 18.
With respect to 4V MAX* - Maximum initial battery voltage (measured without a workload) is 4 volts. Nominal voltage is 3.6.
