MILLER HERO SPOTLIGHT
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 Hero Spotlight (“Promotion”) begins at 10:00 a.m. (Central Daylight Time) on August 1, 2011 and ends at 5:00 p.m. (Central Daylight Time) on May 31, 2012 (“Promotion Period”). The Promotion is sponsored by Miller Electric Mfg. 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: The Promotion will have three phases: (1) the Nomination Stage: online submissions by eligible persons will be collected on MillerWelds.com/hero during the Promotion Period; (2) choosing Finalists: the Sponsor will select Finalists based on overall impact of submitted content for all nominations received by 5 p.m. (Central Daylight Time) on May 31, 2012, which selection will be completed by June 15, 2012; and (3) the Grand Prize awards: awards will be awarded from the results of an online public voting contest where three (3) Grand Prize Winners (defined below) will be identified, which identification will be completed by August 13, 2012. Additionally, the person who nominated each verified Grand Prize Winner will receive an award. How to be eligible for the Hero Spotlight and then be selected as a Finalist is 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; and (c) have Internet access. 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. Eligibility restrictions and requirements apply to both Nominees and Nominators.
ENTRY REQUIREMENTS: To submit your nomination for the Hero Spotlight, you must fill out the online entry form at MillerWelds.com/hero, provide all required contact information for you and your nominee, and answer the required questions for the individual you wish to nominate as your welding Hero. All nominations must comply with the requirements and instructions provided on the web site. Nominations must be submitted on behalf of another person, as an individual cannot nominate themselves. Nominations may only be submitted in the name of a single person; group nominations are not acceptable. Written nomination must be the sole property and creation of Nominator, and cannot contain sexually explicit material, lewdness, obscenity, violence, inappropriate language, depictions of bodily harm, damage to public or other people’s property. By submitting a nomination, Nominator represents that it is the owner of all rights, including copyright, in the written nomination. Nominations MUST be submitted online. Mail-in nominations will not be accepted. False, deceptive or incomplete nominations or acts may render a nominee ineligible. Sponsor reserves the right to determine in its sole discretion which entries have satisfied the entry requirements, and all decisions of Sponsor are final and binding. There are no limits on the number of nominations per nominator, however, a separate nomination form must be submitted for each nominee, and each nominee can only be nominated once by the same nominator. A nomination submitted in this Promotion may not be submitted in any other pending promotion operated by Sponsor, and nominations 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.
All nominations become the property of Sponsor and will not be returned. Sponsor reserves the right to edit the nomination as it sees fit for use in publication or promotion. By submitting a nomination you agree to grant Sponsors the right without obligation, unless prohibited by law, to use the contents of your nomination, your name, voice, picture and likeness, without compensation, for the purpose of advertising and publicizing all matters related to the Hero Spotlights and/or the Sponsors in any medium, throughout the world in perpetuity, including use of Nominator’s name, the answers and materials submitted in connection with Nominator’s nomination, picture and likeness in connection with a Spotlight nominee.
HERO SPOTLIGHT: Nominations and nominees may be featured on Sponsor’s web site during and after the promotion ( “Spotlight nominees”), after execution of liability and publicity release by nominee. However, being featured on Sponsor’s web site does not change that particular nomination’s chance of winning.
ENTRY DEADLINE: Entries must be completed and received by or before 5:00 p.m. (Central Daylight Time) on May 31, 2012 (the “Promotion Closing Date”). Sponsor is not responsible for incorrect, inaccurate, or incomplete nominations or late or lost nominations.
FINALIST SELECTION: Each nomination must meet the entry requirements, as specified above and on the nomination web site. Any non-conforming nomination will be disqualified. Sponsor has the sole discretion to disqualify any nomination, and all decisions of Sponsor are final. Once each nomination is screened for compliance with the entry requirements, it will be judged by a panel of judges selected by Sponsor (“Panel”). Each entry will be judged on a scale of 1-100 in each of the following criteria: (1) impact nominee has had on nominator and others (50%) and (2) how the written nomination exemplifies a Miller Hero (50%). The ten (10) entries with the highest overall scores will be deemed “Finalists.” In the event of a tie for the top ten (10) entries, Finalists will be selected based on “how the written nomination exemplifies a Miller Hero” criterion. Finalists will be selected by June 15, 2012. Decisions of the judges are final.
THE GRAND PRIZE STAGE:
Once the ten (10) Finalists are selected, the Finalists will be posted on MillerWelds.com/hero for online public voting. The three (3) Finalists with the most votes, as determined by Sponsor, will be deemed the potential winners (each, a potential "Grand Prize Winner”). In the event of a tie, tie-breaking vote(s) will be cast by Sponsor. Public voting will begin on July 16, 2012 and conclude at 5 p.m. (Central Daylight Time) on July 31, 2012. If a Canadian resident is selected as a “Grand Prize Winner,” 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.
The use of robotic or automatic devices for voting is prohibited and Sponsor reserves the right to nullify any votes for any such reason, and to disqualify from voting the responsible individual. Please note that even if a Finalist may appear to be a Grand Prize Winner online during the online voting, that Finalist has not yet been declared the Grand Prize Winner. All Finalists are subject to verification by the Sponsor and must meet all eligibility requirements including the execution and return of all necessary releases, or they may be disqualified. The decisions of Sponsor will be final and binding. Which nominator of each Grand Prize Winner (each, a “Nominator”) is identified, if there are multiple nominations for one individual, is in the sole discretion of the Sponsor.
Grand Prizes: Each of the three (3) Grand Prize Winners will win a trip to Appleton, Wis. to Miller Electric Mfg. Co. corporate headquarters. Each of their Nominators will also win a trip to Appleton, Wis. (a “Nominator Award”). The trip for each Grand Prize Winner and Nominator will be three (3) days, two (2) nights that will include round-trip air fare from a major airport near winner’s home (determined by Sponsor in its sole discretion), single room (double occupancy) hotel accommodations for two (2) nights, tours, and interaction with product engineers and other welding experts. All travel reservations will be made by Sponsor and must be taken on the dates specified by Sponsor or prize will be forfeited in its entirety. Prize is void if sold or transferred. Additional restrictions may apply. All meals, transportation, accommodations, taxes, fees, surcharges, service charges, gratuities and other expenses not specified herein are the sole responsibility of Grand Prize Winners and Nominators. All prizes will be awarded. No substitution or transfer of prizes, except at the sole discretion of Sponsor if advertised prize becomes unavailable. Grand Prize Winners and Nominators will be responsible for obtaining all proper documentation (e.g., Visa, Passport) prior to travel.
Each of the three (3) Grand Prize Winners will also receive one (1) Arc Armor® welding protection package, including helmet, gloves and bag (ARV: $400.00), and additionally have their choice of one (1) of the following prizes:
• One (1) Diversion 180 TIG Welder [Approximate Retail Value, ARV $2,150.00];
• One (1) Spectrum 375 X-TREME Plasma Cutter [ARV $1,565.00]; or
• One (1) Millermatic 211 with Auto-Set and Spoolmate 100 Spoolgun [ARV $1,478.00].
Total value of each Grand Prize package is approximately $4,050. Total value of each Nominator Award is approximately $1,500. All prize values are listed in United States Dollars. Actual value may vary based on airfare fluctuations and distance between departure and destination. Odds of winning the Grand Prize or Nominator Award will depend on the number and quality of nominations received.
NOTIFICATION OF WINNERS / EXECUTION OF DOCUMENTS: All nominees selected as potential Finalists will be notified by telephone and/or email on approximately June 15, 2012. Potential Grand Prize Winners will be notified by telephone and/or email on approximately August 1, 2012. If a potential Finalist or Grand Prize Winner cannot be contacted within seven (7) days of his/her selection, an alternative potential Finalist or Grand Prize Winner will be selected and the originally selected potential finalist or Grand Prize Winner’s right to any prize or participation in an additional stage will be forfeited.
Each potential Finalist and Grand Prize Winner and any Spotlight nominee 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 potential Finalist or Grand Prize Winner or Spotlight nominee may be selected based on the relevant criteria.
After each Grand Prize Winner is verified, each Nominator will be notified by telephone and/or email. If a Nominator cannot be contacted within seven (7) days of initial notification, the Nominator’s right to any prize will be forfeited. Each Nominator 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, the Nominator’s right to any prize will be forfeited.
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 potential Finalist or Grand Prize Winner, Spotlight nominee or Nominator. If any potential Finalist or Grand Prize Winner, Spotlight nominee or Nominator 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.
All travel reservations and prizes will be sent to the Grand Prize Winners and Nominators within thirty (30) days of the completion of the Promotion. A Grand Prize Winner or Nominator may forfeit his/her prize if he/she chooses not to or is unable to take the trip on the dates specified by Sponsor.
GENERAL TERMS AND CONDITIONS: All nominations and accompanying submissions must be the original work of the entrant. Nominee must exclusively own all rights (including without limitation intellectual property rights) in and to the submission and hereby warrants that no other individual or entity contributed to materials submitted with its entry or has any rights to nominee’s nomination or materials submitted with its entry.
Except where prohibited by law, each nominator, Finalist, Grand Prize Winner and Spotlight nominee grants to Sponsor the right to use and publish their name, likeness, state of residence, nomination materials in any and all media worldwide, in connection with Sponsor’s advertising or promotional purposes, without additional compensation. Sponsor has the right to make minor edits to the nomination materials for publication purposes. Nominators, Finalists, Grand Prize Winners and Spotlight nominees may be required to sign a liability and publicity release and/or copyright release document attesting to the originality of nomination materials.
By participating in the Promotion, each nominator, Finalist, Grand Prize Winner and Spotlight nominee 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 nominator, Finalist, Grand Prize Winner and Spotlight nominee 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.
CANADIAN PROVISIONAL WINNERS: In addition to the above, in order for a Canadian resident who is either a potential Finalist or a potential Grand Prize Winner or a Nominator to be declared either a Finalist or a Grand Prize Winner or the winner of a Nominator Award, 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 and an alternative potential Finalist or Grand Prize Winner will be selected.
WINNERS LIST: To obtain a copy of the winners list, send your request along with a stamped, self-addressed envelope to: Hero Spotlight Contest, Attn: Winners List, Miller Electric Mfg. Co., Marketing Department, P.O. Box 1079, Appleton, WI 54912. Vt. residents may omit return postage. Request must be received no later than September 30, 2012.