Miller Social Media Sweepstakes
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. ODDS OF WINNING DEPEND ON TOTAL NUMBER OF ENTRIES RECEIVED. VOID WHERE PROHIBITED BY LAW.
1. SPONSOR: The Sweepstakes is sponsored 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 or Instagram.
2. ELIGIBILITY: The Sweepstakes is open only to legal residents of the United States or Canada (excluding Quebec) who are at least 18 years of age and the age of majority in their state of residence. Persons residing in other jurisdictions are not eligible to enter the Sweepstakes. 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 Sweepstakes, are not eligible to enter or win. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations and is void where prohibited or restricted by law.
3. SWEEPSTAKES PERIOD: One sweepstakes will take place on February 16th, 2022 at 10:00 AM CT Central Time (“CT”) and ends on February 23rd , 2022 at 11:59 PM CT.
4. HOW TO ENTER: To be considered an "Entrant" in the Sweepstakes, an individual must visit Sponsor's Facebook or Instagram social media page and comment on and like the Sweepstakes post pursuant to the instructions provided on the post. Entries that meet the requirements included in these Official Rules are referred to herein as "Eligible Entries." Entrants are also able to share a picture or video using their Miller Smith torch for an additional 15 entries. To be eligible for the additional entries, Entrant must include the hashtag #MillerSmith within said post. The awarding of the Prizes, as defined below, is subject to the eligibility and forfeiture provisions set forth herein.
6. SELECTION OF WINNER: On or around February 25th, representatives of the Sponsor will randomly select from all Eligible Entries received during the Sweepstakes Period 10 "Prize Winners" to win the following Prize, as defined below. There will be 2 winners each from Facebook and Instagram equaling a total of 4 "Prize Winners.” The selection will be conducted by Sponsor, and Sponsor's decisions will be final in all matters pertaining to the selection. Any potential Prize Winners may be subject to verification by Sponsor of eligibility and compliance with these Official Rules. An Entrant is not a winner of the prize until Entrant’s eligibility as a Prize Winner has been verified, Entrant has been notified that verification is complete, and Entrant has complied with the terms and conditions of these Official Rules.
7. AWARDING OF PRIZES: A representative of Sponsor will notify all potential Prize Winners by message― through the same social media website through which the entry was received. Three (3) message attempts will be made within a one 48-hour period to contact each potential Prize Winner. If any potential Prize Winner does not respond to Sponsor within the 48-hour allotted time period, Sponsor will select an alternate potential Prize Winner, and the same process will be repeated until all the Prize Winners are contacted and all of the Prizes are awarded. Sponsor is not responsible for contacting an Entrant if that Entrant has changed contact information and failed to provide Sponsor with the proper contact information when such information is required. At the sole discretion of the Sponsor, forfeiture of the Prize and the selection of an alternate Prize Winner may result from any of the following: (a) a potential Prize Winner’s failure to respond to notification within the specified response period; (b) a potential Prize 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 Sweepstakes 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 Sweepstakes, 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.
8. ODDS: The odds of winning a Prize depends on the total number of Eligible Entries received.
9. PRIZES/APPROXIMATE RETAIL VALUE("ARV"): Limit one per person. 4 - Miller® Smith Heavy-Duty SC229 Straight Cutting and Heating Torch, ("Prize"), ARV: $416.58 per torch.
10. 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).
11. RELEASE: By entering, Entrants agree to release, discharge, indemnify, defend, and hold harmless Sponsor, Facebook, and Instagram, 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 Sweepstakes 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.
12. PUBLICITY: Except where prohibited by applicable law, 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 or reference, tag, share material from, or otherwise promote the Prize Winner's social media page on Facebook or Instagram, for advertising and promotional purposes in connection with the promotion and reporting of the Sweepstakes in any media, worldwide, without remuneration for said use.
13. GENERAL CONDITIONS: The Sponsor’s administration and operation of the Sweepstakes and the selection of the potential Prize Winners are final and binding in all matters related to the Sweepstakes. Sponsor reserves the right to cancel, suspend, and/or modify the Sweepstakes, 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 Sweepstakes, as determined by Sponsor in its sole discretion. Any attempt by any person to undermine the legitimate operation of the Sweepstakes 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 Sweepstakes or withdraw the Prizes. Sponsor reserves the right to ask any Entrant to remove any reference to the Sweepstakes or Sponsor posted on social media in connection with the Sweepstakes, 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.
14. 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 Sweepstakes 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 Sweepstakes. If, for any reason, the Sweepstakes 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 Sweepstakes, Sponsor reserves the right in its sole discretion to cancel, terminate, modify, or suspend this Sweepstakes 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 Sweepstakes.
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.
15. 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 Sweepstakes, 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 Sweepstakes, 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.
16. WINNER LIST: The names of the Winners ("Winners List") may be requested only after the Closing Date and no later than March 11, 2022. To receive the Winners List, send request through Sponsor's social media web page through which an Entry was submitted.
17. 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 Sweepstakes-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.