See also: Around the Home Rules - Lawn & Garden Rules

Miller Weekend Welder - Around the Shop Promotion

Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN. Participation constitutes entrant's full and unconditional agreement to and acceptance of these Official Rules. Entry into the Miller Weekend Welder Around the Shop Promotion ("Promotion") begins at 10:00 a.m. (Central) on March 19, 2008 and ends on July 10, 2008 ("Promotion Period"). The Promotion is sponsored by Miller Electric Manufacturing Co., 1635 W. Spencer St., P.O. Box. 1079, Appleton, WI 54912-1079 ("Sponsor"). Void where prohibited. All federal, provincial, state, and local laws and regulations apply.

DESCRIPTION: Entrants may participate in one of two categories in this promotion: (1) projects that may be completed in one (1) or more hours and up to nine (9) hours ("1-9-Hour Category"); or (2) projects that may be completed in ten (10) or more hours but less than eighteen (18) hours ("10-18-Hour Category"). The Promotion will have two phases: (1) the Judging Stage, a contest of skill that will be used to identify five (5) finalists in each category, which will be completed by June 10, 2008; and (2) the Grand Prize Stage, a chance contest reflecting public preferences that will be used to identify one (1) Grand Prize Winner in each category, which will be completed by July 10, 2008. To be eligible for the Grand Prize Stage, all entrants must first enter the Promotion by 4:00 p.m. (Central) on May 7, 2008 to participate in the Judging Stage and then be selected as Finalists as further described below.

ELIGIBILITY: The Promotion is open to natural persons who: (a) are legal residents of the 50 United States, the District of Columbia, or Canada (except the province of Quebec); (b) are eighteen years of age or older and have reached the age of majority in their state or province of residence at the time of entry; (c) have Internet access, means to submit a digital image, and access to welding equipment as of the date of the start of the Promotion Period; and (d) are subscribers to Sponsor's free Power Click newsletter. Employees, officers, and directors of Sponsor, its affiliates, subsidiaries, distributors, suppliers, advertising, promotion, and fulfillment agencies ("Sponsor Personnel"), and those individuals who are immediate family members of Sponsor Personnel or live in the same household as Sponsor Personnel, are not eligible to participate in the Promotion. Immediate family members include parents, siblings, children, and spouse.

ENTRY REQUIREMENTS: To enter, you must: (1) create a new project for use around the shop area (such as tools, auto accessories, work benches, etc.) that requires welding and can be completed in less than 18 hours; (2) complete and submit an online entry form at millerwelds.com/challenge/ for your favorite welding project and include a brief, written description of your project; (3) designate whether you are entering the 1-9-Hour Category or the 10-18-Hour Category; and (4) submit at least one (1) and up to three (3) digital photographs of your project. Entries become the sole property of Sponsor and cannot be returned. A project submitted in this Promotion may not be submitted in any other pending promotion operated by Sponsor.

Only projects that require one (1) or more hours and up to nine (9) hours to complete in total may be submitted in the 1-9-Hour Category. Only projects that require ten (10) or more hours but less than eighteen (18) hours in total may be submitted in the 18-Hour Category. Any project requiring less than one (1) or more than eighteen (18) hours to complete is not eligible for consideration. The time limits cover the total time required to complete the project, not just the time for the welding. Projects that have won a similar promotion offered by Sponsor or have been submitted in any other pending promotion offered by Sponsor may not be submitted.

ENTRY DEADLINE: Entries must be completed and received by or before 4:00 p.m. (Central) on May 7, 2008 (the "Promotion Closing Date"). Sponsor is not responsible for incorrect, inaccurate, or incomplete entry of information by entrants or late or lost entries.

THE JUDGING STAGE:
Evaluation: Each entry must meet the entry requirements, as specified above. Any non-conforming entry will be disqualified. Sponsor has the sole discretion to disqualify any entry. Once each entry is screened for compliance with the entry requirements, it will be judged by a panel of six (6) independent, qualified professionals from the welding industry. Each judge will judge each entry on the basis of the following criteria:

Each project will then be awarded a score ranging from 0 (poor) to 100 (perfect) in each criterion. Sponsor will tally all of the scores for each entry and rank them according to the cumulative score. Finalists will be selected on these rankings, with the five (5) entrants having the highest cumulative scores within each time category being named Finalists. There will be five (5) Finalists for the 1-9-Hour Category and five (5) Finalists for the 10-18-Hour Category. If a Canadian resident is selected as a Finalist in either category, he/she will be deemed a "Canadian Provisional Winner" and will be awarded the applicable prize subject to the requirements described below for Canadian Provisional Winners. Decisions of the judges are final. In the event of a tie, the entry with the highest score in the Creative criterion will be the Finalist. Finalists will be selected by June 10, 2008.

Finalist Prizes: Each Finalist will receive one (1) fifty dollar ($50) gift card as well as the right to participate in the Grand Prize Stage. As this is a skill contest, the odds of winning depend on the number and quality of entries.

THE GRAND PRIZE STAGE:
Evaluation: Only entrants selected as Finalists from the Judging Stage are eligible to participate in the Grand Prize Stage. Summaries of each Finalist, including information about each Finalist, a description of each Finalist's project, the photographs submitted by each Finalist, and any other relevant material, as determined by Sponsor in its sole discretion, ("Finalist Summaries") will be posted in Power Click for voting between 10:00 a.m. (Central) on June 11, 2008 and 4:00 p.m. (Central) on June 25, 2008 ("Voting Period"). Sponsor, in its sole discretion, may prepare, modify, revise, edit, and post the Finalist Summaries.

There will be one (1) Grand Prize Winner for the 1-9-Hour Category and one (1) Grand Prize Winner for the 10-18-Hour Category. The Finalist in each category with the most votes will be the Grand Prize Winner. If a Canadian resident is selected as the Grand Prize Winner in either category, he/she will be deemed a "Canadian Provisional Winner" and will be awarded the applicable prize subject to the requirements described below for Canadian Provisional Winners. In the event of a tie, the tie-breaking vote will be cast by the judging panel from the Judging Stage.

Grand Prizes: Each Grand Prize Winner will have its choice of one (1) of the following prizes:

Odds of winning the Grand Prize Stage will depend on the skill of the Finalists, the preferences of the voting public, and the number of individuals who vote, but will not be greater than one (1) in five (5) for each category. Votes may not be submitted using any automated system or software.

NOTIFICATION OF WINNERS / EXECUTION OF DOCUMENTS: All entrants selected as Finalists will be notified by telephone and/or email on approximately June 10, 2008. All Finalists selected as Grand Prize Winners will be notified by telephone and/or email on approximately July 10, 2008. If a Finalist or Grand Prize Winner cannot be contacted within seven (7) days of his/her selection, an alternative Finalist or Grand Prize Winner will be selected and that entrant's right to any prize or participation in an additional stage will be forfeited.

Each Finalist and Grand Prize Winner may be required to execute Sponsor's affidavits of eligibility, waivers of liability, copyright assignments, liability and publicity releases, or declaration and releases (for Canadian residents) within ten (10) business days of notification or other such date set by Sponsor, unless prohibited by law. If these documents are not received within the required time period, an alternate Finalist or Grand Prize Winner may be selected based on the relevant criteria.

Sponsor is not responsible for and shall not be liable for late, lost, misdirected, or unsuccessful efforts to deliver the notification information or documents to any Finalist or Grand Prize Winner. If any Finalist or Grand Prize Winner has moved or changed addresses, it is the sole responsibility of that individual to notify Sponsor or its designated agent in writing of the new address.

Prizes will be mailed to the winners within thirty (30) days of the completion of the Promotion.

GENERAL TERMS AND CONDITIONS: All entries must be the original work of the entrant. Entrant must exclusively own all rights (including without limitation intellectual property rights) in and to the project and hereby warrants that no other individual or entity contributed to entrant's project or materials submitted with its entry or has any rights to entrant's project or materials submitted with its entry.

By participating in the Promotion, entrant consents to the use of his/her name, city and state/province of residence, entry (including photographs) and/or likeness in any related publicity of the Sponsor, including presence on the Sponsor's web site, without further compensation or permission (where permitted by law).

By participating in the Promotion, each entrant hereby: (i) irrevocably and unconditionally assigns and transfers to the Sponsor and its affiliates the rights to reproduce, encode, store, edit, modify, copy, transmit, publish, broadcast or otherwise use, re-use, or reproduce the project, description, photographs and any other material (the "Materials") submitted by the entrant in whole or in part, in all languages, in any medium or format now or hereafter known (including, but not limited to, print and all electronic media and electronic formats, including, but not limited to, advertisements in print and online publications) for any purpose without further remuneration; (ii) waives and agrees to execute a written agreement waiving his/her moral rights in the Materials, represents and warrants that his/she has the right to grant the rights herein and that the exercise of the rights by the Sponsor will not violate any person's rights, whether contractual or otherwise; (iii) waives his/her rights, if any, in the Materials under the Visual Artists Rights Act, 17 U.S.C. ยงยง 106(A) et seq.; and (iv) indemnifies and defends and holds harmless the Sponsor, Sponsor Personnel, its parent companies, and affiliates, subsidiaries, advertising, promotion, and fulfillment agencies, and legal advisors against any and all losses, damages, liabilities, damages, causes of action, judgments, awards, decrees, settlements, or expenses (including, without limitation, legal fees and court costs) arising from, connected with or by reason of any breach or alleged breach of any of the terms set forth in the Official Rules.

By participating in the Promotion, entrants agree to be bound by these Official Rules and the decisions of the Sponsor, which shall be final. Sponsor, agents and representatives of Sponsor, its parent company, affiliates, subsidiaries, advertising, promotion, and fulfillment agencies, and legal advisors are not responsible for and shall not be liable for: (i) telephone, electronic, hardware or software program, network, Internet, or computer malfunctions, failures, or difficulties of any kind; (ii) failed, incomplete, garbled, or delayed computer, electronic, or wire transmissions; (iii) any condition caused by events beyond the control of Sponsor that may cause the Promotion to be disrupted or corrupted; (iv) any injuries, losses, or damages of any kind arising from, in connection with, or as a result of participation in the Promotion, any prize, acceptance, possession, or use of any prize; or (v) any printing or typographical errors in any materials associated with the Promotion. Sponsor reserves the right in its sole discretion to suspend or cancel the Promotion at any time if a computer virus, bug tampering, unauthorized intervention, or other technical or security problem of any sort corrupts or disrupts the administration of the Promotion's administration, security, or proper play. Sponsor reserves the right to cancel the Promotion or change any element thereof, with or without notice, at any time for any reason, including without limitation printing errors, web site errors, transmission errors, or other mistakes in the production or operation of the Promotion. Sponsor also reserves the right to disqualify in its sole discretion any person tampering with the entry process, the operation of the web site or the Promotion, or who is otherwise in violation of these Official Rules. By participating in this Promotion, entrants agree that all disputes will be exclusively resolved in the appropriate courts in the state of Wisconsin in the United States and governed by the laws of the state of Wisconsin. Entrants hereby expressly and irrevocably consent to jurisdiction in the state of Wisconsin for those purposes.

By participating in the Promotion, each entrant agrees to release and hold Sponsor, Sponsor Personnel, its parent companies, affiliates, subsidiaries, advertising, promotion, and fulfillment agencies, and legal advisors harmless from any and all losses, damages, rights claims, and actions of any kind in connection with the Promotion or resulting from acceptance, possession, or use of any prize, including without limitation, personal injury, death, and property damage, and claims based on publicity rights, defamation, or invasion of privacy.

By participating in the Promotion, each entrant acknowledges and agrees that his/her e-mail address and/or other personal information provided by the entrant ("Information") may be used for the administration of the Promotion.

The entrant's also acknowledges and agrees that his/her Information may be used for Sponsor's internal marketing analysis and to provide the entrant with information about Sponsor and Sponsor's products, promotions, and/or services. The Information will not be used for any other purpose without entrant's consent. If entrant does not want Sponsor to use his/her Information for these purposes, entrant may check the appropriate box on the entry form. Entrant may later revoke this consent at any time by calling (920) 734-9821.

All prizes will be awarded. All prize values are denominated in U.S. currency. No substitution or transfer of any prize or awarded right or election of cash in lieu of any prize or awarded right will be permitted, except in Sponsor's sole discretion. All federal, state/provincial, local, and/or other applicable taxes are the sole responsibility of the winner. Winners of prizes valued over $600.00 will be issued IRS 1099 forms for the value the prize.

CANADIAN PROVISIONAL WINNERS: In addition to the above, in order for a Canadian resident who is either a Finalist or a Grand Prize Winner to be declared either a Finalist or a Grand Prize Winner, he/she must first correctly answer, unaided and without mechanical or electronic assistance, a time-limited mathematical skill-testing question administered by email or telephone. Canadian residents must also execute and return a Declaration and Release Form confirming compliance with these rules. Failure to correctly answer the skill-testing question in the allotted time or failure to execute and return a Declaration and Release Form will result in disqualification and the forfeiture of his/her interest in the prize. A replacement winner will be selected based on the entrant with the next highest score.

WINNERS LIST: To obtain a copy of the winners list, send your request along with a stamped, self-addressed envelope to: Weekend Welder Around the Shop Contest, Attn: Winners List, Miller Electric Manufacturing, Marketing Department, P.O. Box 1079, Appleton, WI 54912. Vt. residents may omit return postage. Request must be received no later than August 20, 2008.