Miller Electric Mfg. LLC
Metalhead Holiday Giveaway
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED. VOID WHERE PROHIBITED BY LAW.
SPONSOR: The Giveaways are sponsored and administered by Miller Electric Mfg. LLC (“Sponsor”), 1635 W. Spencer St., P.O. Box 1079, Appleton, WI 54912-1079, USA. This promotion is in no way sponsored, endorsed, administered by, or associated with Facebook, Twitter, or Instagram. These Giveaways are subject to all applicable, federal, state, and local laws and regulations and is void where prohibited or restricted by law.
ELIGIBILITY: The Giveaway is open to legal residents of the United States of America or Canada (excluding Quebec), who are eighteen (18) years of age, or the age of majority in their state of legal residence, whichever is older, at the time of entry. Persons residing in other states or jurisdictions are not eligible to enter the Giveaway. Officers, directors, and employees of Sponsor, and members of their immediate families (biological, step, or in-law) including parent, grandparent, child, sibling, or spouse of any of the foregoing (regardless of where they live) or households of any of the above, whether related or not, IRS dependents, and household members of Sponsor and its respective parents, affiliates, subsidiaries, advertising, promotion, and web design agencies, and all other entities involved in the creation, administration, or fulfillment of the Giveaway, are not eligible to enter or win.
GIVEAWAY PERIOD: The "Giveaway Period" will begin on October 15, 2021, at 12:01 AM Central Time ("CT") and ends on December 15, 2021, at 11:59 PM CT ("Closing Date").
HOW TO ENTER: To be considered an “Entrant” in the Giveaway, an individual must, during the Giveaway Period: visit the website www.millerwelds.com/products/metalhead-holiday-giveaway and submit a picture or video of a holiday or recent welding project he/she are most proud of (an "Entry") in the online entry form. To be eligible, all Entrants must: (1) complete the online entry form; (2) upload a video or image of their holiday or recent welding project; (3) not disparage Sponsor; (4) not violate the intellectual property rights of third-parties in the making of the submission, including illegal use of third parties’ copyrights or trademarks; (4) not commit libel, defamation, violations of rights of privacy and publicity, or any other torts in the making of the submission; and (5) not display or mention competitive third-party products as comparisons to Sponsor’s products or otherwise in their submission. No other method of entry will be accepted.
Entries that meet the requirements included in these Official Rules are referred to herein as "Eligible Entries," "Entry," or "Entries." The awarding of the Prizes, as defined below, is subject to the eligibility and forfeiture provisions set forth herein.
If the image or video included in the Entry contains any material or elements that are not owned by Entrant, and/or which are subject to the rights of third parties, 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 Entry. 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 may result in the image or video submission included in the Entry being censored and/or removed by Sponsor. By submitting an Entry, Entrant warrants and represents that he/she and any persons appearing or who are identifiable in the image submission consent to the use of Entry as set forth herein.
Limit one (1) entry per person/e-mail address/household during the Giveaway Period.
ENTRY TERMS: Participation constitutes Entrant’s unconditional agreement to these Official Rules and to Sponsor’s decisions, which are final and binding in all matters related to the Giveaway. Only eligible entries actually received by Sponsor before the Closing Date will be included in the Giveaway. As a condition of entering the Giveaway, each Prize Winner gives consent for Sponsor to obtain and deliver his or her name, image, and other information to third parties for the purpose of administering this Giveaway, market research, and complying with applicable laws, regulations, and rules.
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.
ENTRANTS’ GRANT OF RIGHTS: By entering the Giveaway and submitting an Entry, 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 the image and/or video included in each Entrant's Entry, 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, Administrator, and any entities affiliated with the Sponsor (collectively, the "Promotion Parties") to utilize in any manner the image and/or video included in each Entrant's Entry; and (iii) waives all moral and publicity rights in and to his or her image and/or video included in each Entrant's Entry in favor of the Sponsor. Each Entrant also grants, except where prohibited by law, permission for the Promotion Parties to use Entrant's name and likeness for the purpose of advertising, trade, or promotion in connection with the Giveaway, without further notice.
VOTING & SELECTION OF WINNER: On or about December 16, 2021, a random drawing will be held to select three (3) Winners from all eligible Entries received. Sponsor's decisions will be final in all matters pertaining to the random drawings.
Sponsor will notify potential Winners by email―at the same email address provided in the Entry – promptly after the drawing. Three (3) attempts will be made within one 72-hour period to contact the potential Winners. If a potential Winner does not respond to Sponsor within the 72-hour allotted time period, Sponsor will randomly select another potential Winner from all eligible entries, and the same process will be repeated until each Winner is contacted, and the Prizes are awarded. Sponsor is not responsible for contacting an entrant if that entrant has changed contact information and failed to provide Sponsor the proper contact information when such information is required. At the sole discretion of the Sponsor, forfeiture of a Prize and the selection of an alternate Winner may result from any of the following: (a) the potential Winner's failure to respond to notification within the specified response period; (b) the potential Winner's failure to provide Sponsor with satisfactory proof of age, identity, and residence; or (c) any non-compliance with these Official Rules.
CANADIAN PROVISIONAL WINNERS: In addition to anything else in these Official Rules, in order for a selected Entrant who is a Canadian resident to become the Giveaway Winner, he or she must first correctly answer, unaided and without mechanical or electronic assistance, a time-limited mathematical skill testing question administered via the Affidavit. Canadian residents must also execute and return the Affidavit confirming compliance with these rules and releasing the Sponsor and its affiliated companies from any liability in connection with this Giveaway, all within the time specified on the Affidavit. Failure of a Canadian-selected Entrant to correctly answer the skill-testing question in the time allotted or failure to execute and return the Affidavit will result in disqualification, the forfeiture of his or her interest in the Prize, and the selection of a substitute Entrant from among all remaining Eligible Entries.
ODDS OF WINNING: The odds of winning a Prize depend on the total number of Eligible Entries received.
PRIZES/APPROXIMATE RETAIL VALUE (“ARV”): The prizes consists of:
- One (1) FX ArcStation (300837. Approximate ARV of Prize: $544.00 USD / $680.54 CAD.
- One (1) Miller Safety Package consisting of the following items. Approximate ARV of Prize: $495.46 USD / $619.82 CAD.
- Digital Elite Gear Box Helmet (281009) - Approximate ARV $376.36 USD / $470.83 CAD
- Indura Jacket – Size Large (258098) - Approximate ARV $52.09 USD / $65.16 CAD
- Classic MIG Gloves – Size XL (271891) - Approximate ARV $24.04 USD / $30.07 CAD
- TIG/Multi-Task Gloves – Size XL (263355-1) - Approximate ARV $34.42 USD / $43.06 CAD
- Spark Black & Blue Frame Safety Glasses – Clear (272190) – Approximate ARV $8.55 US / $10.70 CAD
- One (1) Miller Company Store Gift Certificate – Approximate ARV $200 USD / $250.20 CAD
PRIZE RESTRICTIONS: All Prize Winners will be solely responsible for all federal, state, and/or local taxes, and for any other fees or costs associated with the Prize they receive, regardless of whether it, in whole or in part, is used. Any portion of any Prize not accepted by any Prize Winner will be forfeited. Allow 4-6 weeks for the mailing of your prize.
If any Prize is lost, destroyed, or stolen it will not be replaced.
THE PRIZES ARE AWARDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE). Miller's True Blue Warranty would apply to applicable products.
RELEASE: By entering, Entrants agree to release, discharge, indemnify, defend, and hold harmless Sponsor, Facebook, Instagram, Twitter, LinkedIn and their respective parents, subsidiaries, affiliates, and each of their respective officers, directors, members, employees, agents, and agencies, (“Released Parties”) from and against any demands, claims, liability, costs, losses, damages, or cause of action, including, without limitation, personal injury, death, or damage to or loss of property, arising out of, in whole or part, directly or indirectly, from participating or attempting to participate in the Giveaway or from acceptance, possession, misuse, use, or award of the Prizes. All Prize Winners shall bear all risk of loss or damage to their Prizes after they have been delivered.
Acceptance of a Prize constitutes each Prize Winner’s (or his or her parents' or legal guardian's) consent to Sponsor’s use of that Prize Winner’s name, likeness, photograph, voice, biographical information, statements, and/or home state for advertising and promotional purposes in connection with the promotion and reporting of the Giveaway in any media, worldwide, without remuneration for said use, where permitted by law.
GENERAL CONDITIONS: The Sponsor’s administration and operation of the Giveaway and the selection of the potential Prize Winners are final and binding in all matters related to the Giveaway. Sponsor reserves the right to cancel, suspend, and/or modify the Giveaway, 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 Giveaway, as determined by Sponsor in its sole discretion. Any attempt by any person to undermine the legitimate operation of the Giveaway 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. In the event any Prize Winner engages in behavior that (as determined by Sponsor or any prize provider in its sole and absolute discretion) is obnoxious, inappropriate, threatening, illegal, or that is intended to annoy, abuse, threaten, or harass any person, Sponsor reserves the right to terminate the Giveaway or withdraw the Prizes. Sponsor reserves the right to ask any Entrant to remove any reference to the Giveaway or Sponsor posted on social media in connection with the Giveaway, or to remove a comment or photograph from Sponsor's social media page if the Sponsor believes, in its sole discretion, that: the comment or photograph is obnoxious, inappropriate, threatening, illegal; is intended to annoy, abuse, threaten, or harass any person; is in violation of a third-party's copyright, trademark, right of publicity, or other intellectual property rights; defames, libels, or commits any other tort against a third-party; or makes any statements concerning any third-party products, made as comparisons to Sponsor's products or otherwise.
LIMITATIONS OF LIABILITY: Sponsor is not responsible for any incorrect or inaccurate information, whether caused by website or mobile device users, tampering, hacking, or by any of the equipment or programming associated with or utilized in the Giveaway and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation, or transmission, communications line failure, theft or destruction, or unauthorized access to the Website, Sponsor's social media page, or any Entrant's personal social media website. The Sponsor is not responsible for injury or damage to Entrant’s or to any other person’s mobile device, computer, or other electronic device related to or resulting from participating in this Giveaway. If, for any reason, the Giveaway is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which Sponsor, in the sole opinion of Sponsor, deems could corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Giveaway, Sponsor reserves the right in its sole discretion to cancel, terminate, modify, or suspend this Giveaway and select Prize Winners from entries received prior to the action taken or in such other manner as Sponsor may deem fair and appropriate.
Sponsor does not authorize, condone, sponsor, encourage, or take responsibility for Entrants': (1) unauthorized use of any third party's intellectual property, including copyrights and trademarks; (2) commission of any torts, including libel, defamation, and violations of rights of privacy and publicity; and (3) statements concerning any third-party products, made as comparisons to Sponsor's products or otherwise, in connection with this Giveaway.
IN NO EVENT WILL SPONSOR, FACEBOOK, INSTAGRAM, ANY PARTICIPATING PROMOTIONAL COMPANIES, RELEASED PARTIES, OR PRIZE PROVIDERS, OR THEIR RESPECTIVE PARENTS, AFFILIATES, SUBSIDIARIES, OR RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING INDIRECT, INCIDENTAL, LOST PROFITS, CONSEQUENTIAL, OR PUNITIVE, MULTIPLE, OR ADDITIONAL DAMAGES.
DISPUTES: Except where prohibited by applicable law, Entrants agree that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Giveaway, shall be resolved individually, without resort to any form of class action, exclusively, before the appropriate Wisconsin federal or state courts located in Outagamie County, Wisconsin. Further, in any such dispute, under no circumstances will Entrants be permitted to obtain awards for, and hereby waive all rights to claim, punitive, incidental, indirect, lost profits, or consequential damages, or any other damages, including attorneys’ fees, and Entrants further waive all rights to have damages multiplied or increased. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of the Entrants and Sponsor in connection with the Giveaway, shall be governed by, and construed in accordance with, the laws of the State of Wisconsin. By entering, Entrants consent to the exclusive jurisdiction and venue of the federal and state courts located in Outagamie County, Wisconsin.
WINNER LIST: The names of the Winners ("Winners List") may be requested only after the Closing Date and no later than December 31, 2021. To receive a copy of the Winners List, send a request through Sponsor's website at www.millerwelds.com.
MISCELLANEOUS: The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. When terms such as “may” are used in these Official Rules, Sponsor has sole and absolute discretion. Headings are solely for convenience and will not be deemed to affect the meaning or intent of the Official Rules or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Giveaway-related materials and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern, and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.
NO PURCHASE NECESSARY. ODDS OF WINNING DEPEND ON THE TOTAL NUMBER OF ELIGIBLE ENTRIES RECEIVED. VOID WHERE PROHIBITED BY LAW. Giveaway runs October 15, 2021, through December 15, 2021. Open only to legal residents of the United States or Canada (excluding Quebec) at least 18 years or older. Total ARV of Prizes is $1,239.46 USD / $1,550.56 CAD. See above under Prizes/Approximate Retail Value for complete listing of prizes. Sponsor: Miller Electric Mfg., LLC, 1635 W. Spencer St., P.O. Box 1079, Appleton, WI 54912-1079, USA. Full Official Rules available at www.millerwelds.com/products/metalhead-holiday-giveaway/official-rules.