DEWALT® 100TH ANNIVERSARY SHOW CAR SWEEPSTAKES
CHANCE TO WIN A VIP RACE EXPERIENCE
OFFICIAL RULES:
- No Purchase OR PAYMENT OF ANY KIND IS Necessary to Enter or Win. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
- ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
- RESIDENTS OF ALASKA AND HAWAII ARE NOT ELIGILBLE TO ENTER THIS SWEEPSTAKE
- ENTRANTS MUST ENTER THIS SWEEPSTAKES ON BEHALF OF THEMSELVES ONLY, AS INDIVIDUALS, AND NOT ON BEHALF OF ANY BUSINESS, LEGAL ENTITY, ORGANIZATION OR OTHER PERSON.
BY ENTERING THIS SWEEPSTAKES, ENTRANTS AGREE TO THESE OFFICIAL RULES, WHICH ARE A BINDING CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SWEEPSTAKES ENTITIES (DEFINED BELOW) FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
This
DEWALT® 100th Anniversary Show Car Sweepstakes (“Sweepstakes”) is sponsored by DEWALT, a division of Stanley Black & Decker (U.S.) Inc., 701 E. Joppa Road, Towson, Maryland 21286 (“Sponsor”). The entry period of this Sweepstakes is February 12, 2024 through November 17, 2024 (“Entry Period”). Sponsor’s designated database clock will be the official timekeeper for this Sweepstakes. By entering this Sweepstakes, each entrant fully and unconditionally accepts and agrees to comply with and abide by these Official Rules and all decisions of Sponsor, including the interpretation of these Official Rules and its exercise of discretion, which shall be final and legally binding. Each entrant understands that they are providing their information to Sponsor and it will be used in accordance with Sponsor’s Privacy Policy (
https://www.stanleyblackanddecker.com/privacy-policy). Should there be any conflict between Sponsor’s Privacy Policy and these Official Rules, these Official Rules shall govern. Any personally identifiable information collected during an entrant's entry in this Sweepstakes will be collected by Sponsor or its designee and used by Sponsor and its designees for purposes of the proper administration, fulfillment, prize award, publicizing and promotion of this Sweepstakes as described in these Official Rules, as stated in Sponsor’s Privacy Policy or as otherwise expressly consented to by entrant by opting-in to DEWALT marketing emails. All entries submitted are the sole property of Sponsor and will not be acknowledged or returned. Provided there is a sufficient number of meritorious entries, there will be limit of: one (1) Grand Prize, ten (10) Second Place Prizes, and one hundred (100) Third Place Prizes. Limit of one (1) entry per person and one (1) prize per Winner.
If you do not fully agree to these Official Rules, you should not enter this Sweepstakes. Subject to federal, state and local laws and regulations. Void where prohibited. These Official Rules will be located on the Entry Site (defined below).
1.
ELIGIBILITY: This Sweepstakes is open only to individuals who meet all the following eligibility requirements at the time of entry:
- legal resident of one (1) of the 48 states in the continental United States or the District of Columbia,
- at least 21 years of age;
- have a valid form of government-issued photo identification from their U.S. state of residence; and
- attend a 2024 DEWALT Show Car Program Event between February 12, 2024 and November 17, 2024. (The 2024 DEWALT Show Car Program runs from February 12, 2024 through November 17, 2024 and will be held at different trade shows, store openings, job sites, and other industry events.)
The following individuals are not eligible to enter:
- Residents of the Alaska or Hawaii.
- Employees, officers and directors of Sponsor, Stanley Black & Decker, Inc., Retail Sports Marketing, Inc. (“RSM”), Joe Gibbs Racing, Inc. and each of their respective parent companies, affiliates and subsidiaries, Sponsor’s agents, advertising and promotion agencies, distributors and prize suppliers (collectively with Sponsor, the “Sweepstakes Entities”), National Association for Stock Car Auto Racing, LLC (“NASCAR”), and their respective employees’, officers’ and directors’ immediate family members and/or those living in the same household (whether related or not) of each are not eligible to enter this Sweepstakes or win a prize.
- For purposes of this Sweepstakes, “immediate family members” are defined as spouse, partner, parents, legal guardians, in-laws, grandparents, siblings, children, and grandchildren and those living in the same household shall mean people who share the same residence at least three (3) months a year, whether related or not.
- Anyone attending a 2024 DEWALT Show Car Program Event in their professional capacity including but not limited to vendors, distributors, suppliers, race car drivers, mechanics and their staff, racetrack crew and all persons employed to attend any of these events or employed by any of the locations holding these events.
- Anyone employed by a federal, state, or local government agency including all contracted government workers.
2. HOW TO ENTER: Entrants must enter this Sweepstakes, during the Entry Period only, as follows:
- (A) Go to the designated Sweepstakes “Entry Site” by clicking the link below or via the QR code available at any 2024 DEWALT Show Car Program Event: https://sbdeventinfo.com/dewalt-showcar-experience
- (B) Agree to this Sweepstakes’ Official Rules.
- (C) Complete the online entry form. The entry form will include, among other things, entrant’s first and last names, residential street (mailing) address (no post office boxes), email address, and the date and location of the qualifying 2024 DEWALT Show Car Program Event the entrant attended, and other information as prompted.
- (D) OPTIONAL: opt-in to receive DEWALT marketing emails (commercial electronic messages) – this is not required to enter this Sweepstakes; and
- (E) Click “submit” to enter.
All required information on the entry form must be completed by entrant, and each fully completed and submitted eligible entry form received by Sponsor during the Entry Period will qualify as one (1) “Entry”. Limit of one (1) Entry per person. Subsequent attempts made by the same individual to submit multiple entries by using multiple or false contact information, accounts or otherwise may result in the entrant being disqualified. Entries made by any other individual or any entity, including, but not limited to, commercial Sweepstakes subscription notification and/or entering services, will be declared invalid and disqualified for this Sweepstakes. Tampering with the entry process or the operation of this Sweepstakes is strictly prohibited, and any entries deemed by Sponsor, in its sole and absolute discretion, to have been entered in this manner will be disqualified. Entries generated by a script, computer programs, macro, programmed, robotic or other automated means are void and may be disqualified. Entries that exceed the stated limit, incomplete, garbled, corrupted, damaged, forged, falsified, lost, altered, improperly tamped with, late, misdirected, or unintelligible for any reason, including, but not limited to, computer or network malfunction or congestion, will be disqualified from this Sweepstakes at Sponsor’s sole and absolute discretion. Entries will be disqualified if Sponsor determines, in its sole and absolute discretion, that such entry does not meet the eligibility and/or any other criteria stated herein. Entries submitted by entrants who do not meet the eligibility requirements are disqualified. All Entries become the property of Sponsor and will not be returned. In case of a dispute over the identity of an entrant, the authorized account holder of the email account used to enter will be deemed to be the entrant. Winners may be required to show proof of being the registered account holder. “Authorized account holder” is defined as the person who is assigned to an email address by a service provider. In the event a dispute regarding the identity of the individual who submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. Multiple persons are not allowed to use the same email address or the same Entry. Entrants are solely responsible for all costs and expenses incurred in entering this Sweepstakes. Sweepstakes Entities may run multiple campaigns, contests, sweepstakes, or other promotions simultaneously and entry into one (1) campaign, contest or sweepstakes does not constitute entry into any other. Entrants must enter this Sweepstakes on behalf of themselves only, as individuals, and not on behalf of any business, legal entity, organization, or other person.
3. RANDOM DRAWINGS/ODDS OF WINNING: The random drawings to select the winners (each, a “Winner” and collectively, the “Winners”) from amongst all eligible Entries will be held by a representative of RSM on or around November 22, 2024. Entrants are not required to be present to win. Odds of winning depend on the total number of qualifying eligible Entries received. AN ENTRANT IS NOT AN “OFFICIAL” WINNER UNLESS UNTIL ENTRANT'S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN ADVISED BY SPONSOR OR RSM THAT VERIFICATION IS COMPLETE.
4. NOTIFICATION / PRIZE ACCEPTANCE: Sponsor will notify the potential Winners, using the contact information contained in their respective Entries on or by November 25, 2024. Sweepstakes Entities and the Released Parties are not responsible for false, incorrect, changed, incomplete or illegible contact information. Notification is deemed to have occurred immediately upon sending of an email, placing of a phone call, one (1) day after sending via a delivery service or four (4) days after mailing via U.S. postal system. Sweepstakes Entities and the Released Parties are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s email account to receive email messages.
The potential Grand Prize Winner must accept the Grand Prize by returning to RSM a completed and personally signed (a) IRS tax form W-9, and (b) Affidavit of Eligibility, Liability/Publicity Release (except where prohibited by law) (the “Winner’s Affidavit”) confirming their compliance with these Official Rules and releasing the Released Parties (defined below) from any liability in connection with entry in this Sweepstakes and their acceptance, possession, use or misuse of the prize. The Grand Prize Winner’s travel companion must provide a signed liability/publicity release to RSM.
The potential Second Place Prize Winners must accept a Second Place Prize by returning to RSM a completed and personally signed Winner’s Affidavit (except where prohibited by law) confirming their compliance with these Official Rules and releasing the Released Parties (defined below) from any liability in connection with entry in this Sweepstakes and their acceptance, possession, use or misuse of the prize.
The ABOVE STEPS must be COMPLETED BY the POTENTIAL WINNERS AND returned to rsm within ten (10) days of RSM’s first notification attempt -- failure to do so will result in forfeiture of prize. Sponsor and RSM will have no liability for any notification that is not received by a potential Winner for any reason. If, despite reasonable efforts by Sponsor or RSM, a potential Winner does not respond to the notification and accept prize as required herein or if prize notification is returned as unclaimed or undeliverable, such potential Winner will be disqualified and forfeit prize. If a potential Winner is found to be ineligible, has not complied with these Official Rules, or declines the prize, the potential Winner will be disqualified and forfeit any prize in this Sweepstakes. If the potential Grand Prize Winner is disqualified or forfeits prize, the Sponsor may, but shall not be required to, select an alternate potential Grand Prize Winner. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. Sweepstakes Entities are not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the potential Winners.
5. PRIZES: The prizes to be awarded in this Sweepstakes are:
Grand Prize: The one (1) Grand Prize will be a VIP Race Experience for the Grand Prize Winner and one (1) travel companion (must be 21 years of age or older) to attend a NASCAR Cup Series™ race in 2025. A list of race options selected by Sponsor, in Sponsor’s sole and absolute discretion, will be provided to the Grand Prize Winner and the Grand Prize Winner will be required to select the one (1) race option they would like to receive for the Grand Prize. The total approximate retail value (“ARV”) of the Grand Prize is $4,000.00. The Grand Prize will consist of two (2) VIP race access valued at $500 each and a travel stipend check issued to the Grand Prize Winner in the amount of$3,000.00. The VIP race access will include access to the Grand Prize Winner’s choice of NASCAR Cup Series™ race, VIP race day access, private meet and greet with driver and/or team member, photos by the car on the grid, and a pit box experience at the start of the race. Grand Prize Winner will be responsible for booking their own travel and accommodations with the provided travel stipend check. The Grand Prize Winner and travel companion are responsible for all travel expenses, including, but not limited to, airline fees, hotel accommodations, ground transportation, gratuities, meals, airport fees, parking fees, personal charges at the hotel, and any other costs or expenses related to this Grand Prize. If the Grand Prize Winner is unable or unwilling to select from the race dates provided, they will forfeit the Grand Prize and it may be awarded to an alternate winner, subject to these Official Rules. It is the responsibility of the Grand Prize Winner and travel companion to provide proper documentation (including government issued picture identification) to RSM. Sponsor, RSM and the Released Parties shall not be responsible for any cancellations, delays, diversions, substitutions or any act or omissions whatsoever relating to the Grand Prize. Sponsor, RSM and the Released Parties are not liable for any missed Grand Prize event or opportunities, or additional expenses incurred because of travel-related arrangements, including but not limited to flight cancellation/delay or ground transportation delay or hotel availability, and no refund or compensation will be made by Sponsor to the Grand Prize Winner or travel companion. The Grand Prize Winner and travel companion are solely responsible for obtaining travel protection insurance (and all other forms of insurance) at their option; Sponsor recommends the Grand Prize Winner and travel companion obtain travel protection insurance for the VIP Race Experience. Once a travel companion is selected, they may not be substituted within 30 days of VIP Race Experience, except in Sponsor’s sole and absolute discretion. The Grand Prize Winner and travel companion acknowledge that there is an inherent risk of exposure to COVID-19 in any place where people gather. COVID-19 is an extremely contagious disease that can lead to severe illness and death. The Grand Prize Winner and travel companion assume all risks, hazards, and dangers arising from or relating in any way to the risk of contracting COVID-19 or any other communicable disease or illness, or a bacteria, virus or other pathogen capable of causing a communicable disease or illness, whether occurring before, during, or after participating in the Grand Prize, however caused or contracted, and voluntarily waive all claims and potential claims against the Sweepstakes Entities relating to such risks. The Grand Prize Winner and travel companion must comply with all venue rules and regulations, including, without limitation, policies and procedures relating to COVID-19 (e.g., proof of vaccination, testing, social distancing, limited capacity, and face masks).
If, for whatever reason, the NASCAR Cup Series™ race associated with the Grand Prize is cancelled, Sponsor’s liability for the Grand Prize is limited only to the travel stipend check portion of the Grand Prize. No monetary compensation will be paid to the Grand Prize Winner in lieu of the cancelled race event. However, Sponsor may offer alternatives to mitigate the loss such as signed memorabilia, a virtual meet and greet, or other exclusive items. The tickets to the event are subject to the terms and conditions set forth on the tickets and any requirements of the facility hosting the event. Seat locations (if applicable) will be determined by Sponsor. The Grand Prize Winner is strictly prohibited from selling, auctioning, trading or otherwise transferring the tickets. In the event the Grand Prize Winner (and travel companion) engage in behavior that (as determined by Sponsor, RSM or any prize provider in its or their sole and absolute discretion) is obnoxious, inappropriate, or threatening, does anything that is illegal or that is intended to annoy, abuse, threaten or harass any other person while participating in the Grand Prize, Sponsor, RSM or prize provider reserve the right to terminate the applicable experience early. Decisions regarding the conduct of the Grand Prize Winner and travel companion in all aspects of their participation in the prize event/activity will be in the sole discretion of Sponsor and RSM, and any of Sponsor’s or RSM’s representatives and final and binding in all respects. The Grand Prize Winner and travel companion may be removed or disqualified from participating in any aspect of the Grand Prize for any reason at any time, including, without limitation, creating an unauthorized disturbance, interruption, or unnecessarily rough physical contact, creating the potential for injury or property damages, or for any unhealthy, unsafe, unlawful, or inappropriate act. If the Grand Prize Winner or travel companion who, in the opinion of Sponsor, RSM or any of their representatives, is considered a physical or mental threat to the well-being of any other individual, they may be removed from any premises relating to the Grand Prize and the Grand Prize Winner and travel companion consent to such removal.
The Grand Prize Winner will be required to provide their valid social security number to Sponsor or RSM before the Grand Prize will be awarded, for tax reporting purposes. Income and other taxes (federal, state, and local) on the Grand Prize are the sole responsibility of the Grand Prize Winner. THE GRAND PRIZE WINNER IS ADVISED TO SEEK INDEPENDENT COUNSEL REGARDING THE TAX IMPLICATIONS OF ACCEPTING THE GRAND PRIZE. AN IRS TAX FORM 1099 WILL BE ISSUED TO THE GRAND PRIZE WINNER IN THE AMOUNT OF $4,000.00.
Second Place Prize:
- Ten (10) Second Place Prize Winners will each receive one (1) autographed Christopher Bell Limited Edition DEWALT 100th Anniversary Hat. The Second Place Prize will be mailed to each Second Place Prize Winner at the address they provided in their Entry, unless otherwise noted at time of Winner notification. The ARV of the Second Prize is $50.00 per Second Place Prize Winner, for a total ARV $500.00.
Third Place Prize:
- One hundred (100) Third Place Prize Winners will each receive a Limited Edition DEWALT 100th Anniversary T-Shirt. The Third Place Prize will be mailed to each Third Place Winner at the address they provided in their Entry, unless otherwise noted at time of Winner notification. The ARV of the Third Place Prize is $25.00 per Third Place Winner, for a total ARV $2,500.00.
Prize Level
|
Prize Description
|
Quantity
|
ARV Value
|
Grand Prize
|
VIP Race Weekend Experience
|
1
|
$4,000.00
|
Second Place Prize
|
Autographed Christopher Bell DEWALT 100th Anniversary Hat
|
10
|
$50.00
|
Third Place Prize
|
DEWALT 100th Anniversary T-Shirt
|
100
|
$25.00
|
Total ARV:
|
|
|
$7,000
|
Each prize is non-transferable, non-assignable, and not redeemable for cash (except for the travel stipend check) or credit redemptions, equivalents, or substitutions, except that Sponsor reserves the right in its sole and absolute discretion and for any reason, to substitute a prize with another prize of equal or greater value. All prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion. Prize details and availability of the VIP Race Experience are subject to change and prize provider’s rules and restrictions. If, or any reason, Sponsor is unable to provide a Winner with the respective prize, Sponsor reserves the right to substitute the prize for a prize of equal or greater value in their sole and absolute discretion. All 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). Each Winner 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 they, in whole or in part, are used. The ARV of the prizes is based on available information provided to Sponsor and the value of any prize awarded to a Winner may be reported for tax purposes as required by law. Unclaimed prize(s) will be forfeited. Prize(s), if legitimately claimed, will be awarded. Sweepstakes Entities and the Released Parties are not responsible for and will not replace any lost, mutilated, or stolen prize(s) or any prize that is undeliverable or does not reach a Winner because of an incorrect or changed address. If a Winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited, and Sweepstakes Entities and the Released Parties will have no further obligation with respect to that prize or portion of the prize. No more than the stated prize will be awarded. Sweepstakes Entities and the Released Parties are not responsible for, and the Winners will not receive the difference, if any, between the actual value of the prize(s) at the time of award and the stated ARV in these Official Rules or in any Sweepstakes-related correspondence or material. Limit of one (1) prize per person.
6. PUBLICITY RELEASE: Entry into this Sweepstakes and acceptance of a prize constitutes each Winner's permission for Sponsor and the other Sweepstakes Entities, and each of their designees, licensees, and its and their successors, assigns and sub-licensees, to use the Winner's Entry, name, photograph, video, image, likeness, voice, audio, biographical information, statements, social media handles, personal exposition (and any edited portion thereof), testimonial (in whole or part), prize information, address (city and state) and social media content which entrant has provided to Sponsor in connection with this Sweepstakes (collectively, “Attributes”) for advertising and/or publicity purposes, worldwide and in all forms of media now known or hereafter devised, in perpetuity, without further compensation, notice or authorization (except where prohibited by law) and each Winner releases Sponsor and the other Sweepstakes Entities, and each of their designees, licensees, and its and their successors, assigns and sub-licensees from all claims arising out of the use of such Attributes.
7. ENTRY CONDITIONS AND RELEASES: By entering this Sweepstakes, EACH ENTRANT AGREES for entrant and for entrant’s heirs, executors, administrators, representatives, insurers and assigns: (A) to release, hold harmless and indemnify the Sweepstakes Entities, NASCAR, and each of their respective past and present officers, directors, parent companies, subsidiaries, affiliates, employees, shareholders, members, assigns, representatives, licensees, licensors, designees and agents (collectively, “Released Parties”) from and against any and all claims, expenses, liabilities, personal injury, death, illness, property loss, litigation or damages of any kind to persons and/or property (including, but not limited to, invasion of privacy under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory, defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights) that may occur, directly or indirectly, whether caused by negligence or not, arising out of such entrant’s entry in this Sweepstakes and/or such entrant’s acceptance, possession, use and/or misuse of the prize (or any part) including any travel-related thereto in connection with the Grand Prize; and (B) to indemnify, defend and hold harmless Released Parties from and against any and all claims, expenses and/or liabilities arising out of or relating to such entrant’s entry in this Sweepstakes and/or entrant’s acceptance, use and/or misuse of prize including any travel-related thereto in connection with the Grand Prize. Released Parties are not responsible for, and each entrant hereby releases the Released Parties from, any claims arising from: (i) lost, late, illegible, mutilated, misdirected, damaged, corrupted, inaccessible, inaccurate or incomplete entries, entries not received by the time designated for the Entry Period; (ii) technical failures of any kind, including, but not limited to, the malfunctions or interruptions of the Entry Site, any computer, equipment, cable, network, hardware or software, programming or technical problems or traffic congestion on the Internet; (iii) unauthorized human intervention in the entry process or technical or human error which may occur in the administration of or processing of entries in this Sweepstakes or on the Entry Site; (iv) any injury or damage to persons or property, including, but not limited to, entrant’s computer, hardware or software, including which may be caused, directly or indirectly, in whole or in part, from entrant’s entry in Sweepstakes; and (vi) theft, tampering, destruction, or unauthorized access to, or alteration of entries. Sponsor is not responsible for any electronic or typographical errors in the printing, advertisement or reproduction of these Official Rules, the entry form, the Entry Site, any social media content, any advertisement or promotional material related to this Sweepstakes (print and/or online) or in administration of this Sweepstakes, including, but not limited to, depiction of the prizes or announcement of Winners.
8. DISQUALIFICATION/FORCE MAJEURE: Sponsor reserves the right to modify, extend or terminate this Sweepstakes if it determines, in its sole discretion, that this Sweepstakes is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of this Sweepstakes as contemplated herein. If an insufficient number of eligible Entries are received and/or Sponsor is prevented from awarding the prizes or continuing with this Sweepstakes as contemplated herein by any event beyond its control, including, but not limited to, fire, flood, natural or man-made epidemic of health or other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal, state or local government law, order, or regulation, public health crisis (e.g., Coronavirus), order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each, a “Force Majeure” event or occurrence), Sponsor shall have the right to modify, extend or terminate this Sweepstakes. If this Sweepstakes is terminated before the designated end date, Sponsor will (if possible) select the potential Winners from all eligible, non-suspect Entries received as of the date of the event giving rise to the termination. Inclusion in such process shall be each entrant’s sole and exclusive remedy under such circumstances.
9. GOVERNING LAW, LIMITATION OF LIABILITY, DISPUTES: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor, RSM or the other Released Parties in connection with the Sweepstakes will be governed by and construed in accordance with the internal laws of the State of Maryland, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.
BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00) (USD), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00) (USD), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
The parties each agree to finally settle all disputes only through arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in Baltimore County, Maryland, and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury, and review is limited. The arbitrator’s decision and award are final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Sweepstakes shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration,” then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Baltimore County, Maryland. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Baltimore County, Maryland. Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
10. RELEASE OF CLAIMS (CALIFORNIA): Each entrant acknowledges that there is a possibility that, subsequent to their involvement with this Sweepstakes and adherence to these Official Rules they may discover facts or incur or suffer claims which were unknown or unsuspected at the time agreeing to these Official Rules, and which if known by them at that time may have materially affected their decision to enter this Sweepstakes. Such entrants acknowledge and agree that by reason of these Official Rules, and the release contained in the preceding subsections, they are assuming any risk of such unknown facts and such unknown and unsuspected claims. Such entrants acknowledge that they have read these Official Rules and, as such, hereby have been advised of the existence of Section 1542 of the California Civil Code, which provides: “A general release does not extend to claims that the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
11. GENERAL TERMS AND CONDITIONS: Sponsor reserves the right to amend these Official Rules at any time and the amended Official Rules will be located on the Entry Site. The invalidity or unenforceability of any provision of these Official Rules or the Winner’s Affidavit shall not affect the validity or enforceability of any other provision. If any provision of the Official Rules or the Winner’s Affidavit 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. Entrants agree to waive any rights to claim ambiguity of these Official Rules. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Headings of paragraphs in these Official Rules are for convenience of reference only, and do not form a part hereof, and in no way define, limit, describe, modify, interpret, or construe the meanings of Sponsor, the scope of these Official Rules, or intent of any paragraph hereof. If there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials, privacy policy or terms of use on any website, social media platform or application 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. Sponsor and the other Released Parties are not responsible for any electronic or typographical errors in the printing, advertisement, or reproduction of these Official Rules, on the Entry Site, or in any advertisement or promotion materials related to this Sweepstakes, whether in print or online, or in the administration of this Sweepstakes, depiction of any prize, or announcement of the Winners. Sweepstakes Entities and the Released Parties are not responsible for the actions of entrants in connection with the Sweepstakes, including entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity, or proper conduct of this Sweepstakes. Persons found tampering with or abusing any aspect of this Sweepstakes, or who Sponsor believes to be causing malfunction, error, disruption, or damage will be disqualified. Any attempt to cheat in this Sweepstakes, as determined at the sole and absolute discretion of Sponsor, will result in immediate disqualification of the entrant, as well as other possible consequences, including disqualification from any existing and/or future DEWALT or Stanley Black & Decker sweepstakes. ANY ATTEMPT BY A PERSON TO DAMAGE THE ENTRY SITE, ANY WEBSITE (INCLUDING ANY SOCIAL MEDIA PLATFORM OR APPLICATION) OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ALL LEGAL AND EQUITABLE REMEDIES FROM AND AGAINST ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right, at its sole and absolute discretion, to disqualify (or terminate the prize of) any individual who is found to be, or suspected of, acting in violation of these Official Rules, or to be acting in an unsportsmanlike, obscene, immoral, or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person.
12. OFFICIAL RULES/WINNERS LIST: For these Official Rules or the Winners’ list, send a self-addressed envelope to RSM to: Retail Sports Marketing, Inc., P.O. Box 481932, Charlotte, NC 28269, ATTN: DEWALT 100th Anniversary Show Car Sweepstakes. All such requests must be received by RSM by December 31, 2024. The Winners list will be sent after all Winners have been verified and prizes have been awarded.
13. CONTACT RSM: For more information, please send inquiries to: Retail Sports Marketing, Inc., P.O. Box 481932, Charlotte, NC 28269, ATTN: DEWALT 100th Anniversary Show Car Sweepstakes.
14. NASCAR® and NASCAR Cup Series™ are trademarks of the National Association for Stock Car Auto Racing, LLC and are used with expressed permission. NASCAR, LLC is not a sponsor of this promotion.