WD-40 Specialist Top Challenges Countdown Contest
OFFICIAL CONTEST RULES
NO PURCHASE, CONTRIBUTION OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. PROMOTION IS SUBJECT TO LOCAL, STATE AND FEDERAL LAW AND IS VOID WHERE PROHIBITED OR RESTRICTED.
This Promotion (as defined below) is sponsored by WD-40 Company (“WD-40”) located at1061 Cudahy Place, San Diego, CA 92110; and RTM Productions, LLC (“RTM”) located at 130 Southeast Parkway Court, Franklin, TN 37064 is the administrator of the Promotion. By entering this Promotion (as defined below), participants accept and agree to be bound by these Official Rules. Any violation of these rules may, at RTM’s discretion, result in disqualification. All decisions of RTM regarding this Promotion are final and binding in all respects.
1. ENTRY PERIOD: The WD-40 Specialist Top Challenges Countdown Contest (this “Promotion”) begins at 12:00:01 PM Central Time (“CT”) on December 11, 2015 and ends at 11:59:59 AM CT on August 31, 2016 (the “Promotion Period”). All entries must be received by 11:59:59 AM CT on August 31, 2016.
2. ELIGIBILITY: This Promotion is open only to legal residents of the 50 United States and the District of Columbia (specifically excluding Guam, Puerto Rico, and all other U.S. and foreign territories and possessions) (collectively, the “Eligibility Area”), who are the age of majority in their state of residence at the time of entry, and currently reside in (and are physically located in) the Eligibility Area at the time of entry (“Participants”). Only individuals may enter; no entry from any corporation or other entity shall be accepted. This Promotion is VOID outside of the Eligibility Area and where otherwise taxed, prohibited or restricted. Employees, directors, agents and suppliers of WD-40 COMPANY, RTM and their affiliates, subsidiaries, advertising, promotion, fulfillment, marketing agencies, public relation firms, consultants and contractors, their immediate families (defined as spouse, child, sibling, parent, grandparent, step-parent, step-children and step-siblings) and those living in their same households are ineligible to participate in this Promotion. By participating in this Promotion, each Participant, (a) accepts the terms and conditions stated in these Official Rules, (b) agrees to be bound by these Official Rules and by the decisions of RTM, which are final and binding in all respects, (c) warrants that he/she is eligible to participate in this Promotion, and (d) agrees to receive additional marketing communications from RTM and WD-40 COMPANY, which Participant may opt-out of at any time.
3. HOW TO ENTER: No purchase necessary to enter or win. There is one (1) way to enter this Promotion. You may enter online by visiting the www.wd40giveaway.com website or www.wd40specialist.com/topchallenges during the Promotion Period and correctly following the instructions to complete and submit all required registration information (including your name, a valid and active email address, mailing address, and phone number) and upload one (1) original photograph or one (1) video recording of you explaining how WD-40 Specialist products solve top challenges, in order to receive an entry into this Promotion (together, an “Entry” or collectively, the “Entries”). All registration information and Entry materials must be complete to qualify. The Entry must be your original work, must not have been copied in whole or in part from any other work, and must not have been entered in any other competition. No changes to any Entry materials or information are permitted once submitted.
For any photograph contained in an Entry, such photograph must be submitted in either a JPG, GIF, TIF or PNG format (for best results 640 px wide x 360 px high, landscape orientation, maximum size in pixels 8000 x 8000), and Entry must not exceed 50 MB in size. For any video contained in an Entry, such video must be provided in either a MOV, MPEG, MPG, MP4, M4V, VOB, FLV, AVI, ASF, DIVX, or WMV file format (for best results, 16 x 9 aspect ratio at 720p), and Entry must not exceed 500 MB. In the event your Entry is chosen as a potential winner, you may be required to submit all original Entry elements, as and if applicable, regardless of original format, size, or resolution and, if applicable, the highest resolution version of your Entry, to RTM within seventy-two (72) hours of first attempted notification.
All Entry materials must be suitable for display and publication. All entries must be in English. Entries must not contain illegal content, depict illegal actions or have involved illegal conduct in its creation. Material must be dignified, modest and in good taste, must not be obscene or indecent or contain profanity, nor contain any offensive or defamatory statements, including but not limited to words or symbols that might be considered offensive to individuals of any race, ethnicity, religion, sexual orientation or socioeconomic group, nor include threats to any person, place, business, or group, nor violate the privacy or other proprietary rights of any person, firm or entity, including, without limitation, any third party trademarks or copyrights. No Entry may contain photographs, drawings, or other identifiers of products competitive with those of RTM or WD-40 COMPANY. RTM reserves the right to make determinations of suitability in its sole and absolute discretion, and to disqualify any Entries it determines to be inappropriate for any of the reasons listed above, or for any other reason. Participants acknowledge and agree that Entries may be formatted, edited or otherwise converted in order to be used by RTM and WD-40 COMPANY for any reason, including without limitation, for creative and/or technical reasons, and for potential promotional use.
If any other persons appear as part of an Entry, Participant agrees that prior to submitting his/her Entry, Participant has obtained the written consent of each such individual who appears (and their parent or legal guardian, if such person is a minor), granting RTM and WD-40 COMPANY the use of such individual’s name, biographical information, voice, performance, photograph/video, image and/or likeness for programming, advertising, publicity and promotional purposes in any and all media, now or hereafter known, worldwide, in perpetuity, without compensation (except to the extent prohibited by law) or additional consents and without prior notice, approval or inspection, and agreeing to execute specific written consent to such use if asked to do so; provided, however, the foregoing shall not be interpreted as RTM and/or WD-40 COMPANY permitting the inclusion of any other individual or third-party in an Entry if the same is otherwise prohibited in these Official Rules. RTM reserves the right to request proof of any such permissions (if applicable) in a form acceptable to RTM from a Participant at any time. Failure to provide such proof, if requested, may result in Participant’s disqualification, at RTM’s sole discretion.
By submitting an Entry, each Participant acknowledges that RTM, WD-40 COMPANY, and each of their respective parents, affiliates, subsidiaries and advertising and promotion agencies, and each of their respective employees, directors, officers and agents (collectively, “Released Parties”) may have developed or commissioned materials or received other Entries similar or identical to Participant’s Entry and
Participant hereby waives any and all claims Participant may have had, may have, and/or may have in the future, that any Entry and/or other material used by the Released Parties (or their respective designees) may be similar to his/her Entry, or that any compensation is due to Participant in connection with such Entry or other works used by the Released Parties or their designees.
4. ORIGINAL WORK: Each Participant represents and warrants that his/her submission is an original work and that the Participant is the sole author with the full power to submit the same and to grant the licenses herein to RTM and WD-40 COMPANY. Participants may not submit information, pictures, images, music, sounds, video footage or other materials that violate the property rights of others, including unauthorized intellectual property, trade secrets or other confidential proprietary information of a third party. Each Participant hereby waives any opportunity or right to inspect or approve his/her submission and/or the final product in which it may be used or incorporated. Each Participant hereby releases RTM and WD-40 COMPANY from all claims now or hereafter existing which may arise from any use, non-use or editing of the Participant’s submission. By submitting an entry, the Participant grants to RTM and WD-40 COMPANY a perpetual, irrevocable, nonexclusive, royalty-free license to use, reproduce, display, distribute, publish, modify and create derivative works from the Participant’s Entry in any media now known or hereafter developed.
To be eligible as a Participant in this Promotion, Entries must be received by 11:59:59 AM CT on August 31, 2016. Entries will not be acknowledged or returned. LIMIT ONE ENTRY PER PERSON PER EMAIL PER WEEK. Entries received by RTM after the end of the Promotion will be discarded and deemed VOID. In the event of a dispute regarding the identity of a Participant, the Entry will be deemed submitted by the natural person who is the registered holder of the email account, at the time of Entry, used to enter the Promotion. The potential winner may be required, at RTM’s sole discretion, to show proof of being the registered holder of a particular email as a condition to receiving the prize award. Proof of entering this Promotion online will not be deemed to constitute proof of receipt by RTM of Entry. RTM shall not be responsible for technical failures or any other errors in Entry transmission. The winner will be announced on or about October 14, 2016. The prize winner is subject to verification.
• ODDS OF WINNING: Odds of winning are determined by and depend upon the total number of eligible entries received. A purchase will not improve your chances of winning.
• PRIZE: The prize will be awarded subject to these rules. One (1) Prize Winner will receive one (1) prize consisting of: $10,000 (Ten thousand dollars) USD. The approximate retail value of the prize is $10,000.00 USD.
RTM AND WD-40 COMPANY EXPRESSLY DISCLAIM AND MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE PRIZE AWARDED.
PRIZE CONDITIONS & RESTRICTIONS: The Prize will be delivered to the potential prize winner on or before October 14, 2016. The winner will be solely responsible for all federal, state and local taxes, registration, license, title and insurance fees and for all costs and expenses associated with acceptance, taking delivery of and/or use of all elements of the prize. POTENTIAL WINNER SHOULD CONSULT WITH HIS OR HER TAX ADVISORS REGARDING THE PRIZE AND APPLICABLE TAXES. EACH PARTICIPANT ACKNOWLEDGES AND AGREES THAT THE WINNER WILL BE SOLELY RESPONSIBLE FOR ALL APPLICABLE FEDERAL, STATE, AND LOCAL TAXES AND FEES ASSOCIATED WITH ACCEPTANCE OF THE PRIZE AND, IF A RESIDENT OF THE US, WILL BE ISSUED AN IRS FORM 1099 FOR THE VALUE OF THE PRIZE.
Potential winner is solely and exclusively responsible for possessing a current, valid driver’s license before taking possession and delivery of prize.
RTM AND WD-40 COMPANY SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO A WINNER OR POTENTIAL WINNER WHO IS UNABLE OR UNAVAILABLE TO ACCEPT OR UTILIZE THE PRIZE, IN WHOLE OR IN PART, AS DESCRIBED HEREIN. The prize will be awarded in the name of the winner and is not transferable or exchangeable for cash, in whole or in part; however, RTM reserves the right to substitute a prize of comparable or greater value due to unavailability. No substitution or transfer of prize by winner is permitted. The prize may not be combined with any other offer. Except where prohibited by law, the potential winner agrees to allow RTM and/or WD-40 COMPANY and its designees the right to use the potential winner’s name, hometown, likenesses, biographical information and prize information for advertising, commercial, promotion, and publicity purposes worldwide in perpetuity in all media, now or hereafter known, without additional compensation.
7. PRIZE AWARDING; WINNER ANNOUNCEMENT: The potential prize winner will be chosen by a panel of judges on or about September 8, 2016, and notified on or about September 15, 2016 from all eligible entries received. The potential winner will be notified by RTM by UPS overnight delivery, e-mail and/or by phone, and the potential prize winner’s name will be posted on www.wd40giveaway.com, www.wd40specialist.com/topchallenges and www.powernationtv.com on or about October 14, 2016 IF THE POTENTIAL PRIZE WINNER DOES NOT RESPOND BY EMAIL OR PHONE TO RTM’S AWARD NOTICE WITHIN THREE (3) CALENDAR DAYS OF BEING NOTIFIED BY ANY METHOD SPECIFIED ABOVE, THE POTENTIAL WINNER WILL BE INELIGIBLE. In addition, if a prize notification is returned as undeliverable, or a potential prize winner is ineligible for any reason whatsoever as determined by RTM, fails to complete and return any required documents within the required timeframe as described in these Official Rules, or fails to claim and/or take possession of the prize by October 14, 2016, the prize will be forfeited and an alternate potential winner may be selected by random drawing from among the remaining eligible Entries using the criteria set forth herein.
8. WINNER VERIFICATION: The potential winner must prove eligibility, including without limitation, age and residence, by signing and returning to RTM (or its designated agent) an Affidavit of Eligibility (including his/her Social Security Number and/or U.S. personal tax identification number for tax reporting purposes) and, except where prohibited by law, a Liability Release and a Publicity Release within five (5) calendar days of notification, or the potential winner is disqualified and forfeits the prize, and an alternate potential winner may be chosen by random drawing from among the remaining eligible Entries. At RTM’s request, a copy of a driver’s license, passport or other official government ID approved by RTM will be required to be provided to RTM. The potential winner must fulfill all the terms of these Official Rules as a condition to being awarded the prize. RTM expressly reserves the right to delay the announcement of the winner for technical reasons or for any other reason RTM deems necessary.
THE POTENTIAL WINNER THAT IS RANDOMLY SELECTED IS SUBJECT TO VERIFICATION BY RTM. THE POTENTIAL WINNER IS NOT THE WINNER OF THE PRIZE UNLESS AND UNTIL HIS OR HER ELIGIBILITY HAS BEEN VERIFIED, HE OR SHE HAS BEEN NOTIFIED THAT
ELIGIBILITY VERIFICATION IS COMPLETE, HE OR SHE RESPONDS TO RTM’S AWARD NOTICE WITHIN THREE (3) CALENDAR DAYS OF BEING NOTIFIED AND HE OR SHE TAKES POSSESSION OF THE PRIZE BY OCTOBER 14, 2016.
9. DISQUALIFICATION; DISCLAIMERS: Any software-generated, robotic, programmed, script, macro or other automated online entries or methods is strictly prohibited and will result in disqualification of all such entries. RTM reserves the right in its sole discretion to disqualify any person it finds: (a) to have tampered with the entry process or the operation of this Promotion; (b) to be acting in violation of these Official Rules; or (c) to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person or to have provided inaccurate information on any legal documents submitted in connection with this Promotion. If so disqualified, RTM reserves the right to terminate the person’s eligibility to participate in this and future promotions and sweepstakes offered by RTM. Any false information provided by any person concerning his/her identity or mailing address or any non-compliance by a Participant with these Officials Rules may result in the immediate disqualification of the Participant from the Promotion. ANY ATTEMPT BY A PARTICIPANT OR ANY OTHER INDIVIDUAL OR ENTITY TO DAMAGE THE PROMOTION WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE, RTM RESERVES THE RIGHT TO TAKE LEGAL ACTION.
Neither RTM nor WD-40 COMPANY is responsible for: (i) any typographical or other errors in the printing of the offer, these Official Rules, or any related advertisements; (ii) errors, whether human, mechanical or electronic, in the administration of the Promotion or the announcement of the prize or potential prize winner; (iii) late, lost, illegible, incomplete, stolen, deleted, or misdirected entries due to any reason; or (iv) other error of any kind, whether human, mechanical or electronic. Neither RTM nor WD-40 COMPANY assume any responsibility or liability for incorrect or inaccurate entry information, whether caused by a Participant or by any of the equipment or programming associated with or utilized in this Promotion or by any human error which may occur in connection with this Promotion. Neither RTM nor WD-40 COMPANY are responsible or liable for any problems, incompatibility or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof, including without limitation, any injury or damage to any Participant’s or any other person's computer related to or resulting from participation in this Promotion. Participants
acknowledge that neither RTM nor WD-40 COMPANY has made, and is not in any manner responsible or liable for, any warranty, representation, or guarantee, expressed or implied, in fact or in law, relating to this Promotion or the prize, in whole or in part.
In the event any portion of this Promotion is not capable of running as planned, including without limitation, due to infection by computer virus, bugs, non-authorized human intervention, fraud, technical failures, force majeure, insufficient qualified Entries or winner, or any other causes beyond the control of RTM which, in the sole opinion of RTM, corrupt, impair or affect the administration, security, fairness, integrity or proper play of this Promotion, RTM reserves the right in its sole discretion to cancel, suspend, modify or terminate this Promotion. Should this Promotion be terminated prior to the stated expiration date of the Promotion Period, notice will be posted at www.powernationtv.com, www.wd40giveaway.com and www.wd40specialist.com/topchallenges and the prize will be awarded to a potential winner selected by random drawing from among the eligible Entries submitted up until the time of termination. In no event will more prizes be awarded than the one listed above.
WD-40® is a trademark of WD-40 COMPANY. PowerNation, Truck Tech, Engine Power, Detroit Muscle and Xtreme Off Road are trademarks of RTM Productions LLC.
• RELEASE; LIMITATION OF LIABILITY: By participating in this Promotion, each Participant releases RTM, WD-40 COMPANY and their respective affiliates, subsidiaries, marketing partners, advertising, promotion, fulfillment, marketing agencies, public relation firms, consultants and contractors and the director and employees of each of them (“Released Parties”) from any and all liabilities, claims and actions of any kind whatsoever for injuries, damages or losses to persons (including death) and property which may be sustained in connection with the receipt, ownership, possession, use or misuse of the prize, or arising out of participation in this Promotion, or while preparing for, participating in, and/or traveling to and from taking possession of the prize or any prize-related activity, and each participant agrees to indemnify and hold harmless such parties from the same. The Released Parties expressly disclaim any responsibility or liability for injury or loss to any person or property relating to the possession and/or subsequent use or misuse of any prize awarded. IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING OUT OF THIS PROMOTION OR ANY ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE AWARDED IN CONNECTION WITH THIS PROMOTION, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY, DEATH AND/OR PROPERTY DAMAGE, AS WELL AS ANY CLAIMS BASED ON DEFAMATION, PUBLICITY RIGHTS, MISAPPROPRIATION OF LIKENESS, FALSE LIGHT, INVASION OF PRIVACY, OR COPYRIGHT OR TRADEMARK INFRINGEMENT. IN NO EVENT SHALL RTM’S OR WD-40 COMPANY’S AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF THIS PROMOTION EXCEED ONE HUNDRED U.S. DOLLARS ($100.00 USD).
• GOVERNING LAW; DISPUTE RESOLUTION: This Promotion is governed by U.S. law and is subject to all applicable federal, state and local laws and regulations. Void where prohibited by law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Participants and RTM in connection with this Promotion, shall be governed by, and construed in accordance with, the laws of the State of Tennessee without giving effect to the conflict of laws, rules thereof, and any matters or proceedings shall take place in the courts of Nashville, Tennessee. Each Participant waives any and all objections to jurisdiction and venue in these courts and hereby submits to the jurisdiction of these courts. Any and all lawsuits or other disputes that arise relating to this Promotion must be filed within one (1) year from the date that the winner is selected. Except where prohibited, as a condition of participating in this Promotion, Participants agree that any and all disputes which cannot be resolved between or among the parties, and any claims and causes of action arising out of or connected with this Promotion, the prize awarded, or the determination of the winner, shall be resolved individually, without resort to any form of class action.
• NO WAIVER; SEVERABILITY: The failure of RTM to exercise or enforce any right or provision of these Official Rules shall not constitute a waiver of such right or provision. If any part of these Official Rules is held by a court of competent jurisdiction to be invalid or unenforceable, that part will be enforced to the maximum extent permitted by law, and the remainder of these Official Rules will remain fully in force.
• RULES REQUEST; WINNER’S NAME: For a copy of these Official Rules or for the name of the winner, please send a stamped, self-addressed envelope to RTM Productions LLC., Attn: “WD-40 Specialist Top Challenges Countdown Contest”, 130 Southeast Parkway Court, Franklin, TN 37064, by November 14, 2016. Residents of WA and VT may omit return postage.
• SPONSOR/ADMINISTRATOR: The sponsor of this Promotion is WD-40 Company, 1061 Cudahy Place, San Diego, CA 92110 and administrator of this Promotion is RTM Productions, LLC 130 Southeast Parkway Court, Franklin, TN 37064. | © 2015 RTM Productions LLC.