MILLER "BUILD AND WIN" CONSUMER SWEEPSTAKES
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 Build and Win Sweepstakes ("Promotion") begins at 12:00 a.m. CDT on July 1, 2013 and ends at 11:59 p.m. CST on December 31, 2013 ("Promotion Period"). The Promotion is sponsored by Miller Electric Manufacturing Co., 1635 W. Spencer St., P.O. Box. 1079, Appleton, WI 54912-1079, USA ("Sponsor"). Void where prohibited. All federal, provincial, state, and local laws and regulations apply.
Within the Promotion Period, there will be six (6) separate monthly entry periods (each a "Monthly Entry Period" and collectively the "Monthly Entry Periods") and one Grand Prize (as defined below) entry period (the "Grand Prize Entry Period").
The Monthly Entry Periods are as follows:
July: July 1, 2013 12:00 a.m. CDT to July 31, 2013 11:59 p.m. CDT
August: August 1, 2013 12:00 a.m. CDT to August 31, 2013 11:59 p.m. CDT
September: September 1, 2013 12:00 a.m. CDT to September 30, 2013 11:59 p.m. CDT
October: October 1, 2013 12:00 a.m. CDT to October 31, 2013 11:59 p.m. CDT
November: November 1, 2013 12:00 a.m. CDT to November 30, 2013 11:59 p.m. CST
December: December 1, 2013 12:00 a.m. CST to December 31, 2013, 11:59 p.m. CST
The Grand Prize Entry Period is as follows:
July 1, 2013 12:00 a.m. CDT to December 31, 2013 11:59 p.m. CST
DESCRIPTION: The Promotion will have two phases that run simultaneously: (1) the Monthly Prize (as defined below) giveaway, which will include online entries by eligible persons for each Monthly Entry Period (the "Monthly Giveaway Phase"); and (2) the Grand Prize (as defined below) giveaway, which will automatically include all online entries by eligible persons received during the Grand Prize Entry Period (the "Grand Prize Giveaway Phase").
ELIGIBILITY / WHO MAY PARTICIPATE: 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, representatives, 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.
HOW TO ENTER: To enter, visit the website at Millerwelds.com/webuild to complete and submit an online entry form along with a photo of something that you built (a "Photo Submission" and collectively with the entry form, the "Entry"). No other method of entry will be accepted. Every valid Entry during each of the six (6) Monthly Entry Periods will be automatically entered into the Grand Prize Draw, which means a maximum of six (6) entries per person/household/email address, will be allowed for the Grand Prize Draw. Only one Entry per person/household/email address per Monthly Entry Period is allowed. Entries submitted during one Monthly Entry Period will not be eligible for the Monthly Draw (as defined below) in another Monthly Entry Period, but will be entered into the Grand Prize Draw (as defined below).
Sponsor is not responsible for incorrect, inaccurate or incomplete entry of information by participants; lost entries or transmissions, interrupted or unavailable network, server or other connections; scrambled transmissions or other errors or problems of any kind whether mechanical, human or electronic, technical malfunctions or the computer hardware, software, or any combination thereof; or problems associated with any virus or other damages caused to participant's system. All Entries will become the sole property of Sponsor and cannot be returned.
PHOTO SUBMISSION REQUIREMENTS:
All Photo Submissions must adhere to the following guidelines and restrictions. Photo Submissions cannot:
- Violate or infringe another's rights
- Disparage the Sponsor
- Contain brand names or trademarks not owned by the Sponsor
- Contain images or artwork not created by entrant, without consent from the creator
- Contain inappropriate, obscene, hateful, defamatory, slanderous, libelous material
- Contain discriminatory images or language
- Contain unlawful material in any state or province where submission is created
- Contain material or elements that are not owned by the entrant, unless they have obtained permission prior to submission of entry.
If the Photo Submission contains any material or elements that are not owned by the entrant, and/or which are subject to the rights of third parties, the entrant is responsible for obtaining all necessary permissions, and all releases and consents necessary to permit the use and exhibition of the submission by Sponsor in the manner set forth in these Official Rules, including, without limitation, name and likeness permissions from any person who appears in or is identifiable in the Photo Submission. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any entrant at any time. Failure to provide such proof if requested will, if requested, result in the Photo Submission being censored and/or removed by Sponsor. By submitting a Photo Submission, entrant warrants and represents that he/she and any persons appearing or who are identifiable in the submission consent to the use of the Photo Submission as set forth herein. Sponsor reserves the right to take down any Photo Submission at any time and for any reason, in its sole discretion, including when the Photo Submission does not comply with these Official Rules.
By submitting an Entry, entrant hereby grants permission for the Photo Submission to be posted on Sponsor's page on Facebook, or other Sponsor websites, and used in Sponsor's advertising and marketing materials (as further detailed in "General Rules of Participation" section below) at the sole discretion of the Sponsor.
ENTRY DEADLINE: Entries must be completed and received by or before the last day of each applicable Monthly Entry Period, 11:59 p.m. CST/CDT for each Monthly Draw (as defined below) and on or before December 31, 2013, 11:59 p.m. CST for the Grand Prize Draw (as defined below) (the "Promotion Closing Date").
Monthly Giveaway Phase:
Ten (10) monthly prizes will be available to be won for each Monthly Entry Period (each a "Monthly Prize" or collectively the "Monthly Prizes"). A total of sixty (60) Monthly Prizes will be awarded during the Monthly Giveaway Phase. Each Monthly Prize consists of:
- One (1) Miller® branded shirt with exclusive WE BUILD theme and personalized with winner's name.
The total approximate retail value of each Monthly Prize is USD $12.00.
Grand Prize Giveaway Phase:
One (1) grand prize will be available to be won (the "Grand Prize"). The Grand Prize consists of a 4-day, 3-night trip for two (2) to the 9/11 Memorial and new Freedom Tower in New York City, between April 1, 2014 and July 31, 2014. Trip includes three (3) nights' hotel accommodations at a sponsor-specified hotel (one (1) standard room - based on double occupancy), round-trip coach class air transportation for two (2) people from major airport nearest winner's home (in Sponsor's sole discretion) to New York City, NY, transfers to/from airport and hotel and to/from hotel to 9/11 Memorial / Freedom Tower, two (2) tickets for VIP guided tour of 9/11 Memorial / Freedom Tower, any applicable room taxes, all meals during the stay in New York City, two (2) tickets to choice of evening entertainment - options provided by Sponsor, at its sole discretion, on two (2) evenings, a guide and transport to and from local sightseeing activities chosen from options provided by Sponsor, at its sole discretion, and one (1) $500.00 Visa Gift Card. Dates to be determined based on award recipient's needs, and subject to availability, to be redeemed no later than July 31, 2014.
The total approximate retail value of the Grand Prize is USD $10,000. Actual value may vary based on airfare fluctuations and distance between departure and destination. Actual value will vary based on customization of final destination package.
All prizes will be awarded. In the event the number of eligible monthly submissions is less than ten (10) in any Monthly Entry Period, all eligible entries will, subject to eligibility and the Canadian Provisional Winners section of these Official Rules, receive the Monthly Prize for that Monthly Entry Period. VISA gift card is subject to additional restrictions. All prize values are denominated in U.S. currency. All prizes must be accepted as awarded. 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 (US residents only).
For the Grand Prize, all travel reservations including airfare and lodging will be made and paid for by Sponsor. All meals, taxes, transportation, gratuities, baggage fees and other expenses not specified herein are the responsibility of the respective winner. If winner is unable to travel on designated dates, the Grand Prize may be forfeited in its entirety and an alternate winner may be selected. Exact travel arrangements, including airfare and lodging, are subject to availability and blackout dates. Travel companions must be at least the age of majority and will be required to sign and return a release of liability/publicity at least thirty (30) days prior to travel, or will not be permitted to accompany winner on trip. If trip destination is closer than 75 miles from winner's home, Sponsor may elect, in its sole discretion, to reimburse winner for mileage traveled at the current United States Internal Revenue Service rate, instead of providing airline tickets.
It is also the winner's and his/her guest's responsibility to obtain all necessary travel documentation including valid passports and visas if applicable prior to ticketing and to comply with any customs immigration requirements if applicable. Sponsor is not responsible if winner or his/her guest is denied access to the aircraft or entry into the United States or re-entry into Canada (if applicable). In such an event, winner and his/her guest will be solely responsible for all expenses incurred and the Grand Prize may be forfeited, in whole or in part. It is recommended that the winner and his/her guest obtain sufficient personal insurance prior to departure. Winner must comply with all hotel check-in requirements including, without limitation, the presentation of a major credit card.
RANDOM DRAWS AND NOTIFICATION:
Monthly Giveaway Phase: On or shortly after the end of each Monthly Entry Period, Sponsor or Sponsor's designated agent will export a list of the entries from the applicable Monthly Entry Period and randomly select an entrant from all eligible entries received during that Monthly Entry Period using the randomizer website random.org (each a "Monthly Draw"). The first ten (10) selected entrants during each Monthly Entry Period will be eligible to win a Monthly Prize. Monthly Draws will be conducted for each of the six (6) Monthly Entry Periods.
Grand Prize Giveaway Phase: On or about January 7, 2014, Sponsor or Sponsor's designated agent will export a list of the entries received during the Grand Prize Entry Period (which includes all of the entries collected during all six (6) Monthly Entry Periods) and randomly select one (1) entrant using the randomizer website random.org (the "Grand Prize Draw"). The selected entrant will be eligible to win the Grand Prize.
Odds of winning a Monthly Prize depend on the total number of eligible Entries received during the applicable Monthly Entry Period. Odds of winning the Grand Prize depend on the total number of eligible Entries received during the Grand Prize Entry Period.
All travel reservations and prizes will be sent to the confirmed winner(s) within thirty (30) days of the completion of the Promotion, provided that selected entrants have been verified and all other requirements set forth in these Official Rules have been met.
Canadian residents who are selected as a selected entrant will be deemed provisional winners and will be awarded prizes subject to the requirements described below for Canadian Winners. Sponsor will use reasonable efforts to notify selected entrants by email and/or telephone within 5 days after the applicable draw. In the event of a dispute over the identity of the selected entrant, the selected entrant will be deemed to be the Authorized Account Holder of the email address used at registration.
"Authorized Account Holder" is defined as the natural person who is assigned an email address by an Internet service provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Selected entrants may be required to sign and complete an Affidavit of Eligibility/Liability and Publicity Release and return it within 10 days of date of postmark. Sponsor is not responsible for and shall not be liable for late, lost, misdirected, or unsuccessful efforts to deliver the notification to selected entrants. If a selected entrant cannot be contacted within 5 days of the draw, is ineligible, fails to claim a prize within 15 days of initial contact, or fails to timely return the completed and executed declaration and releases as required, the prize may be forfeited and awarded to an alternate entrant who will be randomly selected from the remaining eligible entries (or if alternate entrant is Canadian, through the process described below). If a selected entrant has updated contact information, it is the sole responsibility of the selected entrant to notify Sponsor or its designated agent of any change.
Sponsor is not responsible for the inability to contact a selected entrant or lack of any prize deliveries due to change of contact information. By accepting and/or using a prize, winner gives Sponsor the rights to use the winner's name, voice, and/or likeness for the purpose of advertising, trade, or promotion without further compensation worldwide in perpetuity and in any form of media including the Internet, unless prohibited by law.
CANADIAN PROVISIONAL WINNERS: In addition to anything else in these Official Rules, in order for a selected entrant who is a Canadian resident to win and receive a prize, he/she must first correctly answer, unaided and without mechanical or electronic assistance, a time-limited mathematical skill testing question administered by email or by telephone. Canadian residents must also execute and return a Declaration and Release Form confirming compliance with these rules within the time specified on the Declaration and Release Form. Failure of a Canadian selected entrant to correctly answer the skill-testing question in the time allotted or failure to execute and return a Declaration and Release Form will result in disqualification, the forfeiture of his/her interest in the prize, and the random selection of a substitute entrant from among all remaining eligible entries.
GENERAL RULES OF PARTICIPATION: By participating in this Promotion, entrants agree to these Official Rules and the decisions of the Sponsor, which are final and legally binding in all matters relating to the Promotion. Participants assume all risk of loss, damage, destruction, delay or misdirection of promotion materials/mail submitted to Sponsor. Without limiting the foregoing, Sponsor and its affiliated companies and agencies are not responsible for printing, distribution or production errors and may rescind, cancel or revoke this Promotion based upon any such error without liability and at their sole discretion. By entering the Promotion, participants agree that the Sponsor and its promotional partners, their parents, subsidiaries, affiliates, advertising or promotion agencies and each of their respective agents, employees, directors, representatives and officers of any of the above shall have no liability whatsoever and shall be held harmless for any injuries, losses, or damages of any kind to persons, including death and property damages sustained, in whole or in part, directly or indirectly, in connection with or resulting from acceptance, possession or use/misuse of any prize, or participation in this Promotion.
Sponsor reserves the right to cancel the Promotion or change any element thereof (including the Official Rules), with or without notice, at any time for any reason, including without limitation printing errors, web site errors, transmission errors, other mistakes in the production or operation of the Promotion or if a computer virus, bug tampering, unauthorized intervention, or other technical or security problem of any sort corrupts or disrupts the Promotion's administration, security, or proper play.
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. If you are a Canadian resident, some of these provisions may not apply to you.
By participating in the Promotion, each winner of the Monthly Prize winner and the winner of the Grand Prize 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 entering the Contest and submitting the entry submission, each entrant hereby (i) grants to the Sponsor, in perpetuity, a worldwide, non-exclusive, irrevocable, fully paid, license to use, copy, sublicense, transmit, distribute, publicly perform, publish, delete, modify, edit, display such submission, or any portion thereof or otherwise use the submission, in whole or in part in any media now known or hereafter devised; (ii) authorizes the Sponsor and any entities affiliated with the Sponsor (collectively, the "Promotion Parties") to utilize in any manner they see fit, the submission submitted to Sponsor; and (iii) waives all moral rights in and to his or her entry submission in favor of the Sponsor. Each Entrant also grants permission for the Promotion Parties to use entrant's name and likeness for the purpose of advertising, trade or promotion without further notice, permission, compensation or consideration in any and all media now known or hereinafter developed, unless prohibited by law. For greater certainty, the Sponsor reserves the right, in its sole discretion, to modify, edit or remove any Entry and/or Photo Submission, or to request an entrant to modify or edit his or her entry submission, if a complaint is received with respect to the Photo Submission, or for any other reason.
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.
WINNERS LIST: To obtain a copy of the winners list, send your written request along with a stamped, self-addressed envelope to: Miller Electric Manufacturing Co., Attn: Build and Win, Marketing Department, P.O. Box 1079, Appleton, WI 54912. Vermont and Canadian residents may omit return postage. Request must be received no later than January 31, 2014. The VISA gift card is to be awarded as a prize. This promotion is not sponsored by or endorsed by VISA.
Abbreviated Rules for Email and Advertising:
NO PURCHASE NECESSARY. Promotion begins at 12:00 a.m. CDT on July 1, 2013 and ends at 11:59 p.m. CST on December 31, 2013. ("Sponsor"). Void where prohibited. All federal, provincial, state, and local laws and regulations apply. Open to natural persons who are legal residents of the 50 United States, the District of Columbia, or Canada (except the province of Quebec) who are 18 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. To enter, visit the website at Millerwelds.com/webuild to complete and submit an online entry form along with a photo of something that you built. Sponsor will randomly select ten (10) monthly entries to win a prize during each month during the promotion (for a total of 60 monthly prizes) will be awarded. Monthly prize is one (1) Miller® branded shirt with exclusive WE BUILD theme and personalized with winner's name All entries are eligible for the Grand Prize Drawing. One winner will be randomly selected to win the following Grand Prize: a 4-day, 3-night trip for two to the 9/11 Memorial and new Freedom Tower in New York City, between April 1, 2014 and July 31, 2014, including airfare, hotel, entertainment, and a $500 VISA gift card. Total ARV of all prizes: USD $10,720. Sponsored by Miller Electric Manufacturing Co., 1635 W. Spencer St., P.O. Box. 1079, Appleton, WI 54912-1079, USA. See full official rules at Millerwelds.com.