Laugh Your Gas Off
Official Rules
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: ”Laugh Your Gas Off” (the “Promotion”) is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old at the time of entry. Employees of Irwin Industrial Tool Company, and any of their respective parent and affiliate companies or customers as well as the respective immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. Subject to all applicable federal, state, and local laws and regulations. Void where prohibited. The Promotion contains a contest ("Contest"), as well as a t-shirt giveaway.
2. Sponser: Irwin Industrial Tool Company (d/b/a Bernzomatic), a Newell Rubbermaid Affiliate, 8935 Northpointe Executive Park Drive, Huntersville, NC 28078. Administrator: BernzOmatic, 8935 Northpointe Executive Park Drive, Huntersville, NC 28078.
3. Agreement to Official Rules: By participating in the Promotion, entrant fully and unconditionally agrees to and accepts these Official Rules and the decisions of the Sponsor and/or Administrator, which are final and binding in all matters related to the Promotion. Whether an entrant receives a prize is contingent upon fulfilling all requirements set forth herein.
4. Timing: The Promotion begins on August 18, 2008 at 12:00 a.m. Eastern Time ("ET") and ends on September 12, 2008 at 11:59 p.m. ET (the "Promotion Period"). Administrator’s computer is the official time-keeping device for the Promotion.
5. How to Enter:
- Contest: During the Submission Phase, visit
www.laughyourgasoff.com (the “Website”) and follow
the links and instructions to complete and submit
the one-liner form including a valid home address.
P.O. Boxes are not permitted. Once you have entered,
follow the directions to provide accurate survey
information and provide a “one-liner” in one hundred
(100) characters or fewer (the “Contest Entry”).
By completing the registration and submitting your
Contest Entry, you agree that your Contest Entry
conforms to the Guidelines and Content Restrictions
as defined below (collectively, the “Guidelines
and Restrictions”) and that the Sponsor, in its
sole discretion, may disqualify you from the Promotion
if it believes, in its sole discretion, that your
Contest Entry fails to conform to the Guidelines
and Restrictions.
-
Content
Restrictions:
- The contest entry must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
- The contest entry must not contain brand names or trademarks;
- The contest entry must not contain material that is inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous;
- The contest entry must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and The contest entry must not contain material that is unlawful, in violation of, or contrary to the laws or regulations in any state where participant resides.
For all Entries: All Contest Entries will become the exclusive property of Sponsor, and none will be acknowledged or returned. Sponsor shall have the right to edit, adapt and publish any or all of the contest entries, and may use them in any media without attribution or compensation to the entrant, his/her successors or assigns, or any other entity. SUBMITTING A CONTEST ENTRY CONSTITUTES ENTRANT’S IRREVOCABLE ASSIGNMENT, CONVEYANCE AND TRANSFERENCE TO SPONSOR OF ANY AND ALL RIGHT, TITLE AND INTEREST IN THE ENTRY INCLUDING, WITHOUT LIMITATION, ALL COPYRIGHTS. Sponsor is not responsible for lost, late, incomplete, invalid, un-intelligible or misdirected contest entries, which are disqualified. Limit: Each entrant may submit only one (1) Contest Entry during the Submission Phase.
- T-Shirt Giveaway: During the Promotion Phase,
visit the Website and complete and submit the contest
entry and registration form, including a valid home
address (P.O. Boxes are not permitted). The first
500 eligible contest entries will receive a t-shirt.
The shirts will be mailed within the first 60 days
of Promotion end. Valid mail addresses (no P.O.
Boxes) required. Only one t-shirt fulfilled per
household, and per valid address. T-shirts will
be fulfilled in standard sizes, and the Administrator
does not guarantee fit.
For All Entrants: Multiple entrants are not permitted to share the same email address or mailing address. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email/mail addresses, identities, registrations and logins, or any other methods will void that entrant's plays/entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected registrations, which will be disqualified. In the event of a dispute as to any registration, the authorized account holder of the email address used to register will be deemed to be the registrant or player. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder.
6. ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION.
7. Winner Determination: Sponsor's decisions as to the administration and operation of the Promotion and the selection of potential winners are final and binding in all matters related to the Promotion.
- Contest: The Contest will be determined though
the process outlined below:
Qualified judges determined by Sponsor in its sole discretion will select the entrant that best fits the following criteria.- Creativity (33%)
- Originality (33%); and
- Fit with Theme(34%)
- T-shirt Giveaway : Sponsor will be distributing t-shirts to the first 500 eligible entries received during the Promotion period. It is up to the Sponsor’s sole discretion to award additional t-shirts beyond the first 500 entrants to additional eligible entrants.
8. Winner Requirements: Potential Contest winners will be notified by mail, email or phone on or around September 18th, 2008. The potential Contest Grand Prize winner will be required to execute and return to Administrator, within two (2) days of the date notice or attempted notice is sent, an Affidavit of Eligibility, Liability & Publicity Release (“Affidavit”) in order to claim his/her prize. If a potential winner cannot be contacted, fails to execute and return the Affidavit within the required time period (if applicable), or prize is returned as undeliverable, potential winner forfeits the prize. If a potential Contest winner is disqualified for any reason, an alternate winner will be selected by the qualified judges based on the Judging Criteria. Acceptance of any Contest Prize shall constitute and signify winner’s agreement and consent that Sponsor may use the winner’s, name, city, state, likeness, Contest Entry and/or prize information in connection with the Promotion, worldwide, including the Internet, without limitation and without further payment or consideration, except where prohibited by law.
9. Prizes:
- Contest: ONE (1) CONTEST GRAND PRIZE: A trip
for two (2) to the Talledega, Alabama race the weekend
of October 4-5th, 2008. Trip package includes roundtrip,
coach-class air transportation for two (2) from
a major airport near winner’s home (determined by
Sponsor in its sole discretion) to major airport
near Talladega, Alabama; two (2) days and one (1)
night accommodations at a hotel of the sponsor’s
choice (double bed, double occupancy), and $250
spending money. Winner must travel on dates determined
by Sponsor in its sole discretion in October 2008,
or prize will be forfeited. Approximate Retail Value:
$2,000.
Trip subject to availability and blackout dates. Travel must be roundtrip. Sponsor will determine airline and flight itinerary in its sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel and accommodations are subject to availability. Travel is subject to the terms and conditions set forth in this Promotion, and those set forth by the Sponsor’s airline carrier of choice as detailed in the passenger ticket contract. All expenses and incidental travel costs not expressly stated in the package description above, including but not limited to, ground transportation, meals, incidentals, passenger tariffs or duties, surcharges, airport fees, service charges or facility charges, personal charges at lodging, security fees, taxes or other expenses are the responsibility solely of winner. Travel companion must be eighteen (18) years of age or older as of the date of departure and must travel on same itinerary and at the same time as the winner Travel companion must execute liability/publicity releases prior to issuance of travel documents. Travel restrictions, conditions and limitations may apply. If in the judgment of Sponsor air travel is not required due to winner’s proximity to prize location, ground transportation will be substituted for roundtrip air travel at Sponsor’s sole discretion. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. Sponsor is not responsible if the NASCAR Sprint Cup race is delayed, postponed or cancelled for any reason, in which event that portion of prize is forfeited in its entirety and no substitution will be provided except as in Sponsor’s sole discretion.
TOTAL ARV OF CONTEST PRIZE: $2,000
10. Release: By receipt of any prize, the applicable winner agrees to release and hold harmless Sponsor, Administrator, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent and affiliate companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Promotion or receipt or use or misuse of any prize.
11. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Promotion, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to award the prizes at random from among the eligible entries received up to the time of the impairment. Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion or to be acting in violation of these Official Rules or those of any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
12. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Promotion; (4) technical or human error which may occur in the administration of the Promotion or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Promotion or receipt or use or misuse of any prize. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another Contest entry, provided that if it is not possible to award another entry due to discontinuance of the Promotion, or any part of it, for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of Sweepstakes and Instant Win Game the prizes offered herein. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims. Sponsor reserves the right to give away more than the stated number of t-shirts that will be awarded, in its sole discretion.
13. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Western District of North Carolina or the appropriate North Carolina State Court located in Mecklenburg County, North Carolina; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys’ fees; and (3) 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 the Promotion, shall be governed by, and construed in accordance with, the laws of the State of North Carolina without giving effect to any choice of law or conflict of law rules (whether of the State of North Carolina or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of North Carolina.
14. Entrant's Personal Information: Information collected from entrant is subject to the Sponsor’s Privacy Policy
15. Winner's List: Winner List requests will only be accepted after the promotion end date (listed above) and no later than October 31, 2008. For the Winner List, send an email with subject line: "Bernzomatic Laugh Your Gas Off, Winner List Request," to webmaster@irwin.com.
© 2008 Irwin Industrial tool. All rights reserved.
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