THE MILWAUKEE INK PROMOTION
OFFICIAL RULES
NO PURCHASE NECESSARY. VOID WHERE PROHIBITED.
A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
This Promotion provides a chance to show and describe your personal expression of loyalty to the Milwaukee Tool brand by sharing a picture of the Milwaukee logo or a Milwaukee Tool product permanently tattooed on your body along with your story about your tattoo and your loyalty to the Milwaukee brand (the “Promotion Theme”). Public voting on the internet will determine monthly winners from submissions posted to MilwaukeeInk.com in the months of October, 2010 through December, 2011. From the monthly winners, a panel of judges selected by Milwaukee Electric Tool Corporation (“Organizer”) will select a grand prize winner.
TERMS & CONDITIONS
Your participation in the “The Milwaukee Ink Promotion” (the “Promotion”), including your submission of a photograph and story shall be deemed to be your complete acceptance of the terms and conditions set out in these Official Rules by Milwaukee Electric Tool Corporation, 13135 W. Lisbon Rd., Brookfield, WI 53005 (the “Organizer”) and its agents and representatives.
1. Eligibility.
Entry in the Promotion is only open to entrants at least 18 years of age at time of entry who are legal residents of the fifty (50) United States (including District of Columbia) who participate in this Promotion and are eligible in accordance with the Official Rules (each an “Entrant” or “You”). Employees and relatives of employees of the Organizer and any entities affiliated or related to the Organizer are not eligible to enter the Promotion. The term "relative" means spouse, partner, parent, stepparent, children, stepchildren, sibling, or stepsibling.
2. How to Enter.
To enter the Promotion, an Entrant must complete the submission form, upload his or her chosen photograph showing the Milwaukee logo or a Milwaukee Tool product permanently tattooed on his or her body and submit his or her story about his or her tattoo and loyalty to the Milwaukee brandat www.MilwaukeeInk.com (the “Promotion Site”). After successfully completing the form, submitting the photograph and story (collectively, the “Submission”), the Submission will be reviewed by Organizer’s Promotion administrator. Organizer reserves the right to edit, alter or modify Submissions to the Promotion for space, clarity, and/or formatting without notification or consent from Entrant. Provided that in Organizer’s sole discretion the Submission appears to comply with the Promotion standards, the entry will be posted to the Promotion Site for voting and a confirmation notice will be sent to the Entrant. Only one entry per Entrant per Milwaukee Tool tattoo (if you have multiple Milwaukee Tool tattoos you may submit a separate submission for each tattoo).
Submissions may be made from 12:00:01 October 1, 2010 (Central time) through 11:59:59 p.m. (Central time) on December 31, 2011 (the “Entry Period”). Public voting on the Submissions will commence on the later of the first posting of Submissions for voting by Organizer at the Promotion Site or 12:00:01 October 1, 2010 and will conclude at 11:59:59 p.m. (Central time) on December 31, 2011 (the “Voting Period”). All entries and Submissions become the property of the Organizer and none will be returned. Organizer reserves the right to disqualify any Entrant who tampers with or attempts to tamper with the entry procedure, voting procedure, the Promotion Site or violates these Official Rules.
3. Photograph and Story – Subject Matter Requirements.
The submitted photograph should show, and the story should describe your tattoo and your loyalty to the Milwaukee brand. The photograph must not be more than 1MBand the story must be fewer than 100 characters.
Submissions to the Promotion should not include any content whatsoever which would reasonably be understood to be defamatory, threatening, distasteful, racist, unlawful or otherwise objectionable to Organizer, at Organizer’s sole discretion. Organizer reserves the right, in its sole and absolute discretion, to disqualify any Submission that does not comply with these Official Rules, or contains third party content, or is inappropriate for the Promotion for any reason.
4. Representations Regarding Submissions; Grant of Rights.
By submitting a Submission in connection with the Promotion you represent and warrant to Organizer that (i) you have the sole right to submit your Submission to the Promotion and that your story is your original work of authorship; (ii) your Submission does not violate in any way rights of third parties, including but not limited to copyright and other intellectual property rights; (iii) your Submission does not violate any applicable laws; (iv) you have obtained all necessary licenses or permissions from all appropriate third parties required for the production and submission of the Submission in the Promotion and use by Organizer as contemplated in these Official Rules; (v) the posting and/or display of your Entry on the Promotion Site or other use by Organizer will not violate the intellectual property rights or rights of publicity or rights of privacy of any third parties or otherwise breach any provision of any applicable law or regulation; (vi) Organizer has your irrevocable permission for the posting of your first and last name, your city and state and any and all information included in your Submission in connection any permitted use of your Submission; (vii) use and posting of the Submission or any part of the Submission provided by you to Organizer in any manner in connection with the Promotion or as otherwise permitted by these Official Rules is and will be without any compensation, regardless of whether your Submission is a winning Submission; and (viii) you have obtained irrevocable full and informed consent of any third party whose image, likeness or work appears in your Submission. By submitting your Submission to the Organizer in connection with the Promotion you agree to and thereby waive any and all moral rights that exist in your Submission to the Promotion and any derivative works made therefrom.
All Entrants hereby grant to Organizer an everlasting, royalty-free, assignable, irrevocable, license to use, utilize, replicate, alter, adapt, modify, publish, broadcast, translate, produce derivative works from, distribute, present, display, sublicense and exercise all copyright and other intellectual property and personal rights with respect to each Submission worldwide and/or to include a Submission in other works in any media now known or later created, anywhere and forever. Each Entrant agrees and grants Organizer permission to make available and display/perform and otherwise distribute Entrant’s Submission in all media in perpetuity without compensation. Except where legally prohibited, submission of a Submission into this Promotion constitutes permission for Organizer to use the Entrant's name, address (city and state) and story / testimonials, in printed, broadcast media or any now known or later created media, in perpetuity, in any manner Organizer deems appropriate in connection with promoting the this Promotion and Organizer’s business and products, without further compensation.
In the event that an Entrant breaches any of his or her representations, warranties or undertakings to Organizer, Organizer shall be entitled to and may seek indemnification from Entrant for recovery of all legal fees, damages, claims and other expenses that may be incurred by Organizer or its affiliated entities as a result of such breach.
5. Voting.
The public may vote for Submissions that are included at the Promotion Site during the Voting Period. Only one vote per person and per IP address per day. Votes received in excess of this stated limit will be void. Entrants are prohibited from obtaining votes by any fraudulent or inappropriate means (including, without limitation, offering prizes or other inducements to members of the public), as determined by Sponsor in its sole discretion. Multiple voters are not permitted to share the same email address. Any attempt by any voter to submit more than the stated number of votes by using false or fictitious names or email addresses, multiple/different email addresses, identities or any other method will void that voter’s entry (if any) and votes and he/she will be disqualified from further participation in the Promotion. Use of script, macro or any other automated system to vote is prohibited and all such votes will be void. Organizer may reject votes in violation of these rules. Voters will be asked to vote for the Submission that best exemplifies the Promotion Theme. If a mechanical malfunction, computer virus or other condition causes the Promotion to be incapable of completion, Organizer may terminate further entries or further voting and determine the winner from the entries available and votes cast at the time the termination occurs.
6. Prizes.
After applicable verification and subject to compliance with these Official Rules, the Submission that receives the most votes at the Promotion Site during October, November and December 2010 and January, February, March, April, May, June, July, August, September, October, November and December 2011 as determined by Organizer (each a “Monthly Winner”) will receive the following: choice of a Milwaukee tool from the M12™ or M18™ line with a retail value up to $300.00 (a “Tool Prize”). Approximate retail value: $300.00. A total of fifteen (15) Tool Prizes will be awarded (one per Monthly Winner). A Submission may win only one Tool Prize. From among the fifteen (15) Monthly Winners, judges appointed by organizer (“Judges”) will select one (1) Grand Prize Winner based upon which Monthly Winner, in the opinion of the Judges, best exemplifies the Promotion Theme. After applicable verification and subject to compliance with these Official Rules, such person will be deemed the Grand Prize Winner. The Grand Prize Winner will receive the Grand Prize: An annual credit of Five Hundred Dollars ($500) per year for twenty (20) years to purchase from Organizer (or at Organizer’s discretion, Organizer’s designee) Milwaukee brand tools in the M12™ or M18™ line(s) (or such successor or replacement lines designated by Organizer). The selection of tools to which the credit will be applied must be made during the month of January in each year. Subject to applicable law, any unused portion of the annual credit that is not used during January will be forfeited. Approximate retail value is ten thousand dollars ($10,000). No transfer or substitution of prizes permitted except where required by law. If the Monthly Prize or Grand Prize (a “Prize”) becomes unavailable, the Organizer may award a substitute prize of equal or greater value. Expenses related to acceptance, delivery and use of a Prize, including, without limitation, taxes, and insurance costs, are the sole responsibility of the applicable Grand Prize Winner or Monthly Winner (each a “Prize Winner”).
7. Notification of Winner.
After the conclusion of the applicable monthly voting period (see chart below), a tentative Monthly Winner will be notified via Certified U.S. Mail and/or telephone and/or e-mail on or about the first week following the month in which such person received the largest number of votes for any Submission that month. The Grand Prize Winner will be determined by the Judges on or about January 2, 2012. A notified person, at his or her sole discretion, may disclaim a Prize by not claiming such Prize or by not completing and returning to Organizer, Organizer’s Affidavit of Eligibility and Liability and Publicity Release within seven (7) days of attempted notification and in such case the Submission receiving the next highest number of votes (for an applicable Tool Prize) or receiving the next highest score as judged by the Judges (for the Grand Prize) will be designated as the tentative corresponding Prize winner and this process will be if necessary repeated until such time as a tentative Prize winner completes and returns to Organizer the Organizer’s Affidavit of Eligibility and Liability and Publicity Release within seven (7) days of attempted notification. At such time, subject to verification by the Promotion Organizer, a tentative Prize winner will be deemed the Prize Winner. Except where prohibited by law, the Prize Winner further grants to the Organizer the right to use such Prize Winner’s name, photograph, voice, likeness and city of residence for purposes of advertising or promoting and publicizing the efforts and activities of the Organizer and its business and products and the Promotion without further consideration and to release his or her full name and city and state of residence to persons requesting the names of the winner of the Promotion. Non-compliance or the return of any Prize notification as undeliverable may result in disqualification and selection of an alternate winner.
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Month
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Eligible Submissions
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Monthly Voting Starts
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Monthly Voting Ends
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OCTOBER
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Submissions posted for voting at the Promotion Site in OCTOBER
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10/1/2010
12:00:01 a.m. CT
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10/31/2010
11:59:59 p.m. CT
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NOVEMBER
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Submissions posted for voting at the Promotion Site in NOVEMBER and any Submissions not previously a Monthly Winner.
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11/1/2010
12:00:01 a.m. CT
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11/30/2010
11:59:59 p.m. CT
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DECEMBER
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Submissions posted for voting at the Promotion Site in DECEMBER and any Submissions not previously a Monthly Winner.
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12/1/2010
12:00:01 a.m. CT
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12/31/2010
11:59:59 p.m. CT
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JANUARY
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Submissions posted for voting at the Promotion Site in JANUARY and any Submissions not previously a Monthly Winner.
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1/1/2011
12:00:01 a.m. CT
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1/31/2011
11:59:59 p.m. CT
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FEBRUARY
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Submissions posted for voting at the Promotion Site in FEBRUARY and any Submissions not previously a Monthly Winner.
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2/1/2011
12:00:01 a.m. CT
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2/28/2011
11:59:59 p.m. CT
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MARCH
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Submissions posted for voting at the Promotion Site in MARCH and any Submissions not previously a Monthly Winner.
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3/1/2011
12:00:01 a.m. CT
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3/31/2011
11:59:59 p.m. CT
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APRIL
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Submissions posted for voting at the Promotion Site in APRIL and any Submissions not previously a Monthly Winner.
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4/1/2011
12:00:01 a.m. CT
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4/30/2011
11:59:59 p.m. CT
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MAY
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Submissions posted for voting at the Promotion Site in MAY and any Submissions not previously a Monthly Winner.
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5/1/2011
12:00:01 a.m. CT
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5/31/2011
11:59:59 p.m. CT
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JUNE
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Submissions posted for voting at the Promotion Site in JUNE and any Submissions not previously a Monthly Winner.
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6/1/2011
12:00:01 a.m. CT
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6/30/2011
11:59:59 p.m. CT
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JULY
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Submissions posted for voting at the Promotion Site in JULY and any Submissions not previously a Monthly Winner.
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7/1/2011
12:00:01 a.m. CT
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7/31/2011
11:59:59 p.m. CT
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AUGUST
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Submissions posted for voting at the Promotion Site in AUGUST and any Submissions not previously a Monthly Winner.
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8/1/2011
12:00:01 a.m. CT
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8/31/2011
11:59:59 p.m. CT
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SEPTEMBER
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Submissions posted for voting at the Promotion Site in SEPTEMBER and any Submissions not previously a Monthly Winner.
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9/1/2011
12:00:01 a.m. CT
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9/30/2011
11:59:59 p.m. CT
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OCTOBER
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Submissions posted for voting at the Promotion Site in OCTOBER and any Submissions not previously a Monthly Winner.
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10/1/2011
12:00:01 a.m. CT
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10/31/2011
11:59:59 p.m. CT
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NOVEMBER
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Submissions posted for voting at the Promotion Site in NOVEMBER and any Submissions not previously a Monthly Winner.
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11/1/2011
12:00:01 a.m. CT
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11/30/2011
11:59:59 p.m. CT
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DECEMBER
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Submissions posted for voting at the Promotion Site in DECEMBER and any Submissions not previously a Monthly Winner.
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12/1/2011
12:00:01 a.m. CT
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12/31/2011
11:59:59 p.m. CT
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8. Privacy.
All information submitted as part of this Promotionwill be treated in accordance with Organizer’s Privacy Policy. By submitting information in connection with any portion of the Promotion, each participant agrees to receive promotional materials from the Organizer. Participants may opt-out from receiving Organizer’s promotional materials in accordance with Organizer’s Privacy Policy.
9.
RELEASE AND LIMITATIONS OF LIABILITY:
BY PARTICIPATING IN THE PROMOTION, PARTICIPANTS, AGREE TO RELEASE AND HOLD HARMLESS
MILWAUKEE ELECTRIC TOOL CORPORATION, MSC INDUSTRIAL SUPPLY CO., THEIR AFFILIATES, SUBSIDIARIES, ADVERTISING AND PROMOTIONAL AGENCIES, THE JUDGES, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (THE “PROMOTION PARTIES”) FROM AND AGAINST ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF PARTICIPATION IN THE PROMOTION OR RECEIPT OR USE OF ANY PRIZE, INCLUDING PROPERTY DAMAGE, PERSONAL INJURY OR DEATH. EACH PARTICIPANT FURTHER AGREES THAT IN ANY CAUSE OF ACTION, THE PROMOTION PARTIES’ LIABILITY WILL BE LIMITED TO THE COST OF PARTICIPATING IN THE PROMOTION, AND IN NO EVENT SHALL THE PROMOTION PARTIES BE LIABLE FOR ATTORNEYS’ FEES, PUNITIVE, CONSEQUENTIAL, DIRECT OR INDIRECT DAMAGES AND EACH PARTICIPANT WAIVES THE RIGHT TO CLAIM ANY DAMAGES WHATSOEVER. By participating in this Promotion, each Entrant releases Organizer, as well as the Promotion Parties, and each of their parent companies, partners, stockholders, affiliates, subsidiaries, directors, officers, agents, employees, advertising agencies, suppliers, and all others associated with the development and execution of the Promotion from and against any and all liability, claims or actions of any kind whatsoever in connection with Promotion’ participation, or in the receipt, possession, ownership or use of any Prize awarded in connection with the Promotion, and/or participating in any Prize-related activity with respect to or in any way arising from the Promotion and/or acceptance or use of any Prize, including, without limitation, liability for personal injury, damages or loss.
9.1. Release of Claims (General). Each Entrant agrees to (i) indemnify and hold Organizer and the Promotion Parties, harmless from any and all liability resulting or arising from the Promotion, and (ii) release all rights to bring any claim, action or proceeding against the Promotion Parties. All Entrants hereby acknowledge that the Promotion Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to any Prize, including express warranties provided exclusively by any Prize supplier that may accompany a Prize. Some jurisdictions may not allow the limitations or exclusions of liability for incidental or consequential damages or exclusion of implied warranties, so some of the above limitations or exclusions may not apply.
9.2. Release of Claims (California). Each Entrant acknowledges that there is a possibility that, subsequent to his/her involvement with the Promotion and adherence to this Official rules s/he 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 her/him at that time may have materially affected his/her decision to participate in the Promotion. Such Entrants acknowledge and agree that by reason of these Official Rules, and the release contained in the preceding subsections, s/he is 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.”
9.3. Full Release. Notwithstanding such provisions, this release shall constitute a full release in accordance with its terms. Such Entrants knowingly and voluntarily waive any statute, law, or rule of similar effect, and acknowledge and agree that this waiver is an essential and material term of this release, and without such waiver s/he would not have been permitted to participate in the Promotion or compete for or receive a Prize. Such Entrants acknowledge and understand the significance and consequence of this release and of this specific waiver of such laws.
10. FURTHER RESTRICTIONS; DISQUALIFICATION. Any and all applicable federal, state, and local taxes and all fees and expenses related to acceptance and/or use of the Prize not specifically stated herein are the sole responsibility of the Entrant. Organizer will not replace any lost or stolen (a) Prize or (b) merchandise acquired with any Prize voucher. Organizer is not responsible for the winner’s use of any Prize after it has been delivered to the Prize winner. INCOMPLETE, ILLEGIBLE, CORRUPTED, OR UNTIMELY ENTRIES ARE VOID AND WILL BE DISQUALIFIED.
11. GENERAL CONDITIONS. Subject to applicable law, Organizer reserves the right to change these rules at any time. At the sole discretion of Organizer, all entries are subject to verification.
11.1. Errors, Malfunctions, Etc. / Fraud / Tampering. The Promotion Parties are not responsible for any incorrect or inaccurate entry information; human errors; technical malfunctions; or failures, relating to or resulting from participation in this Promotion; theft, tampering, destruction, or unauthorized access to, or alteration of, entries; data that is processed late or incorrectly or is incomplete or lost for any other reason whatsoever, including typographical, printing or other errors, or any combination thereof. The Promotion Parties also are not responsible for lost, late, incomplete, damaged, stolen, misdirected, or illegible entries; or miscommunications or other errors or malfunctions of any kind whether, human, mechanical, electronic or otherwise. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Organizer reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the entry process and/or the legitimate operation of the Promotion; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. All entries become the property of Organizer and may not be acknowledged or returned.
Organizer reserves the right to disqualify any Entrant at any time as determined in Organizer’s sole discretion, should such person at any stage of the Promotion: (a) fail to comply with these Official Rules; (b) supply any untruthful, inaccurate or misleading personal details and information; (c) refuse or fail to provide proof of identity and/or eligibility if requested by Organizer at any time; (d) use technology to gain an unfair advantage over any other Entrant; (e) engage in unlawful conduct or misconduct, including without limitation, harming or threatening to harm any other Entrant or Promotion Parties’ personnel, exercising violent behavior, or potential or actual cheating; and (f) purposely impede the work of Promotion Parties and/or the implementation of the Promotion. The disqualification of an Entrant shall be final and not subject to appeal or review for any reason whatsoever.
11.2. Construction of Official Rules. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Organizer. Neither Organizer, the Promotion Parties, nor anyone acting on their behalf will enter into any communications with any Promotion Entrant regarding this Promotion, except as expressly set forth in these Official Rules. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. The headings of the paragraphs in these Official Rules are for the 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 Organizer, the scope of these Official Rules, or the intent of any paragraph hereof. Organizer’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Organizer is not responsible for any electronic or typographical error in the printing or reproduction of these Official Rules, administration of the Promotion or in the announcement of any the Prizes. Proof of sending or submission will not be deemed to be proof of receipt by Organizer.
11.3. Termination Provisions. Except as prohibited by law, Organizer reserves the right to terminate this Promotion in the event of a force majeure or other failures or difficulties. If, for any reason, the Promotion is not capable of running as planned, including tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Organizer, which corrupt or affect the operation, administration, security, fairness, integrity, or proper conduct of this Promotion, Organizer may, in its sole discretion, (i) void any suspect entry or (ii) suspend the Promotion to address the impairment and then resume the Promotion in a manner that best conforms to the spirit of these Official Rules. Organizer reserves the right to suspend or modify this Promotion at any time without notice or obligation. If such modification or suspension occurs, Organizer will make a commercially reasonable effort to post notice of such on Organizer’s website.
11.4. Arbitration Provision. By participating in this Promotion, each Entrant agrees that any claim, dispute, or controversy (whether in contract, tort, otherwise) that it may have with, or claims it may have against, Organizer or the Promotion Parties arising out of, relating to, or connected in any way with the Promotion, the awarding or redemption of any Prize or merchandise, or the determination of the scope or applicability of this agreement to arbitrate, shall be resolved exclusively by private, final and binding arbitration administered by the National Arbitration Forum (“Forum”) and conducted before a sole arbitrator pursuant to the Forum’s Code of Procedure. Further, each Entrant agrees that: (a) This arbitration agreement is made pursuant to and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (b) the arbitration shall be held in Milwaukee, Wisconsin, or at such other location as may be mutually agreed by the Entrant and Organizer/Patron; (c) the arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable Entrant may have entered into in connection with the Promotion; (d) the arbitrator shall apply Wisconsin law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (e) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the Entrant’s and/or Organizer’s individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; and (f) the arbitrator shall not have the power to award punitive damages against the Entrant, Organizer or Promotion Parties. Moreover, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Code of Procedure established by the Forum, the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. For more information on the Forum and/or the Forum’s Code of Procedure, please visit its website at www.arb-forum.com or contact the Forum at National Arbitration Forum, P.O. Box 50191, Minneapolis, MN 55405, 877-655-7755.
11.5. Choice of Law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the parties in connection with the Promotion shall be governed by, and construed in accordance with, the laws of the State of Wisconsin, without regard to choice of law or conflicts of laws principles under Wisconsin law.
11.6 Further Documentation. If Organizer shall desire to secure additional assignments, certificates or other documents as Organizer may reasonably require in order to effectuate the purposes and intents of theses Official Rules and the Promotion, then each Entrant agrees to promptly sign and deliver to Organizer the same upon Organizer’s request therefore.
THE MILWAUKEE HEAVY DUTY NEWS A MOBILE MARKETING DEVICE SURVEY SWEEPSTAKES
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. INTERNET ACCESS REQUIRED. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. The Milwaukee Heavy Duty Survey Sweepstakes (the “Sweepstakes”) is sponsored by Milwaukee Electric Tool Corporation (“Sponsor”) 13135 W. Lisbon Rd., Brookfield, WI 53005 (the “Sweepstakes Address”). The Sweepstakes is open to individuals who have received an electronic copy of Heavy Duty News (“HDN”) in an email during the Entry Period inviting the addressee to participate in the Sweepstakes by clicking on a hypertext link in the email (the “HDN Email”) to visit Sponsor’s website where Sponsor is conducting a Survey (the “Survey Site”) and who are otherwise eligible in accordance with these Official Rules. Sweepstakes begins on September 14, 2010 at 12:01 a.m. Central time and ends October 8, 2010 5:00 p.m. Central time (the “Entry Period”). VOID WHERE PROHIBITED.
1. ELIGIBILITY; HOW TO ENTER: Those who are eligible in accordance with these Official Rules who have received the HDN Email directly from Sponsor may participate in the Sweepstakes. Eligible participants will automatically be entered in the Sweepstakes when they complete the MILWAUKEE HEAVY DUTY NEWS A MOBILE MARKETING DEVICE SURVEY (the “Survey”) at the Survey Site. Upon completion of the Survey, the registration instructions in the Survey will request respondents to submit respondent’s name, address, trade, telephone number, and e-mail address as well as answers to the proposed questions to enter the Sweepstakes. Alternate Means of Entry: Participation in the Survey is not required in order to enter the Sweepstakes. Alternatively, entry in the Sweepstakes can be made without participating in the Survey by printing your name, address, day-time telephone number and e-mail address and the words “Milwaukee Heavy Duty Survey Sweepstakes” on a 3 x 5 card and mailing it to: Milwaukee Heavy Duty News Survey Sweepstakes at the Sweepstakes Address during the Entry Period. Entries sent by mail must be postmarked during the Entry Period and received within one week of the close of the Entry Period to be considered. Sweepstakes is further limited to legal residents of the 50 United States and the District of Columbia, 18 years or older and who are not an employee, officer or director of Sponsor, its affiliates, subsidiaries, advertising and promotional agencies or an immediate family member of or household resident with such persons. Participation in any part of the Sweepstakes constitutes a participant’s agreement to be bound by these Official Rules. Participants agree to be bound by the decisions of the Sweepstakes judges and such decisions shall be final. Limit one entry per entrant, regardless of means of entry.
2. ENTRIES: Sponsor is not responsible for lost, late, incomplete, illegible, unintelligible, inaccurate, undelivered, postage-due, delayed, mutilated, or misdirected entries, correspondence, requests, claims or other errors or problems in connection with or relating to the Sweepstakes. Sponsor is also not responsible for telephone, electronic hardware or software, network, Internet or computer malfunctions, failures or difficulties of any kind, failed, incomplete, garbled or delayed computer transmissions, and any condition caused by events beyond the control of the Sponsor that may cause the Sweepstakes to be disrupted or corrupted, including computer viruses, bugs, tampering unauthorized intervention or technical or other failures of any sort. All entries submitted become the property of the Sponsor and none will be returned. In the event Sweepstakes judges determine that there is a dispute as to the identity of an entrant, an entry will be deemed submitted by the authorized account holder of the e-mail account listed for the registered user’s entry. The authorized account holder shall be the natural person to whom the applicable email address has been assigned by the Internet access provider, service provider, or other online organization responsible for assigning e-mail addresses for the domain associated with such e-mail address. A potential winner may be requested to provide Sponsor with proof that the potential winner is the authorized account holder of the e-mail address associated with the winning entry. If a dispute as to identification of an entrant for a particular entry cannot be resolved, the entry will be deemed ineligible. If for any reason the Sweepstakes is not capable of being conducted as contemplated in the Official Rules, including if due to technical failures which compromise the administration or integrity of the Sweepstakes, Sponsor, in its sole discretion, reserves the right to terminate or modify the Sweepstakes. Sponsor and Sweepstakes judges reserve the right to disqualify any entrant who tampers or attempts to tamper with the entry procedure or the Sweepstakes or violates these Official Rules. For additional copies of the Official Rules, please send a self-addressed stamped envelope to the Sweepstakes Address. Requests must be received by May 31, 2011.
All answers submitted by any Survey respondents in the Survey are gathered for research purposes only. Personal information and individual answers submitted in the Survey will be maintained by Sponsor in accordance with Sponsor’s privacy policy. Responses to Survey questions will be combined with the responses of the other Survey respondents. No individual responses or personal information will be reported in Survey results.
3. SWEEPSTAKES PRIZE; ODDS. One (1) prize winner (the “Winner”) will receive the following prize (the “Prize”): M12™ Cordless Screwdriver 2401-22, approximate retail value $99. No transfer or substitution of prize permitted except where required by law. If the Prize, or any portion of such prize, becomes unavailable, the Sponsor may award a substitute prize of equal or greater value. Odds of winning depend on the number of eligible entries received in the Sweepstakes. Taxes on the Prize are the sole responsibility of the Prize Winner. All expenses, costs and fees not expressly included above are the sole responsibility of Winner. The total number of prizes to be awarded in the Sweepstakes is one (1) Prize.
4. WINNER SELECTION AND NOTIFICATION: A tentative Prize winner will be selected in a random drawing to be held on or about October 17, 2010 and conducted by judges appointed by Sponsor. Such tentative winner will be notified via Certified U.S. Mail and/or telephone and/or e-mail on or about the week October 17, 2010. Such notified person, at his or her sole discretion, may disclaim a Prize by not claiming such Prize or by not completing and returning to Sponsor, the Sponsor’s Affidavit of Eligibility and Liability and Publicity Release (the “Release”) within fourteen (14) days of attempted notification and in such case an alternate tentative Prize winner will be selected and this process will be repeated until such time as a tentative Prize winner completes and returns to Sponsor the Sponsor’s Affidavit of Eligibility and Liability and Publicity Release within fourteen (14) days of attempted notification. At such time, subject to verification by the Sweepstakes judges, a tentative Prize winner will be deemed the Prize Winner. Except where prohibited by law, the Prize Winner further grants to the Sponsor the right to use such Prize Winner’s name, photograph, voice, likeness and city of residence for purposes of advertising or promoting and publicizing the efforts and activities of the Sponsor and the Sweepstakes without further consideration and to release his or her name to persons requesting the names of the winners of the Sweepstakes. Non-compliance or the return of any prize notification as undeliverable may result in disqualification and selection of an alternate winner.
5. NAME OF WINNER: For the name of the Prize Winner, available before January 31, 2011, send a self-addressed stamped envelope (except where not required by State law) to: Sweepstakes Winner’s List at the Sweepstakes Address.
6. PRIVACY: All information submitted as part of this Sweepstakes will be treated in accordance with Sponsor’s Privacy Policy. By submitting information in connection with any portion of the Sweepstakes, each participant agrees to receive promotional materials from the Sponsor. Participants may opt-out from receiving Sponsor’s promotional materials in accordance with Sponsor’s Privacy Policy.
7. RELEASE AND LIMITATIONS OF LIABILITY: BY PARTICIPATING IN THE SWEEPSTAKES, PARTICIPANTS, AGREE TO RELEASE AND HOLD HARMLESS MILWAUKEE ELECTRIC TOOL CORPORATION, ITS AFFILIATES, SUBSIDIARIES, ADVERTISING AND PROMOTIONAL AGENCIES, THE JUDGES, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (THE “PROMOTION PARTIES”) FROM AND AGAINST ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF PARTICIPATION IN THE PROMOTION OR RECEIPT OR USE OF ANY PRIZE, INCLUDING PROPERTY DAMAGE, PERSONAL INJURY OR DEATH. EACH PARTICIPANT FURTHER AGREES THAT IN ANY CAUSE OF ACTION, THE PROMOTION PARTIES’ LIABILITY WILL BE LIMITED TO THE COST OF PARTICIPATING IN THE PROMOTION, AND IN NO EVENT SHALL THE PROMOTION PARTIES BE LIABLE FOR ATTORNEYS’ FEES, PUNITIVE, CONSEQUENTIAL, DIRECT OR INDIRECT DAMAGES AND EACH PARTICIPANT WAIVES THE RIGHT TO CLAIM ANY DAMAGES WHATSOEVER.
By participating in this Sweepstakes, each entrant releases Sponsor, as well as the Promotion Parties, and each of their parent companies, partners, stockholders, affiliates, subsidiaries, directors, officers, agents, employees, advertising agencies, suppliers, and all others associated with the development and execution of the Sweepstakes from and against any and all liability, claims or actions of any kind whatsoever in connection with Sweepstakes’ participation, or in the receipt, possession, ownership or use of any prize awarded in connection with the Sweepstakes, or while traveling to or from any Sweepstakes event and/or participating in any prize-related activity with respect to or in any way arising from the Sweepstakes and/or acceptance or use of any prize, including, without limitation, liability for personal injury, damages or loss.
7.1. Release of Claims (General). Each entrant agrees to (i) indemnify and hold Sponsor and the Promotion Parties, harmless from any and all liability resulting or arising from the Sweepstakes, and (ii) release all rights to bring any claim, action or proceeding against the Promotion Parties. All entrants hereby acknowledge that the Promotion Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to any prize, including express warranties provided exclusively by any prize supplier that may accompany a prize. Some jurisdictions may not allow the limitations or exclusions of liability for incidental or consequential damages or exclusion of implied warranties, so some of the above limitations or exclusions may not apply.
7.2. Release of Claims (California). Each entrant acknowledges that there is a possibility that, subsequent to his/her involvement with the Sweepstakes and adherence to this Official rules s/he 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 her/him at that time may have materially affected his/her decision to participate in the Sweepstakes. Such entrants acknowledge and agree that by reason of these Official Rules, and the release contained in the preceding subsections, s/he is 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.”
7.3. Full Release. Notwithstanding such provisions, this release shall constitute a full release in accordance with its terms. Such entrants knowingly and voluntarily waive any statute, law, or rule of similar effect, and acknowledge and agree that this waiver is an essential and material term of this release, and without such waiver s/he would not have been permitted to participate in the Sweepstakes or compete for or receive a prize. Such entrants acknowledge and understand the significance and consequence of this release and of this specific waiver of such laws.
8. FURTHER RESTRICTIONS; DISQUALIFICATION. Any and all applicable federal, state, and local taxes and all fees and expenses related to acceptance and/or use of the prize not specifically stated herein are the sole responsibility of the entrant. Sponsor will not replace any lost or stolen (a) prize or (b) merchandise acquired with any prize voucher. Sponsor is not responsible for the winner’s use of any prize after it has been delivered to the prize winner. ANY ENTRY THAT IS ALTERED OR TAMPERED WITH, OR ACCESSED THROUGH IRREGULAR CHANNELS OR MEANS SHALL BE VOID. AUTOMATED OR BULK ENTRIES SUBMITTED BY THIRD PARTIES WILL BE DISQUALIFIED. INCOMPLETE, ILLEGIBLE, CORRUPTED, OR UNTIMELY ENTRIES ARE VOID AND WILL BE DISQUALIFIED. Each entry must be submitted by the entrant.
9. GENERAL CONDITIONS. Subject to applicable law, Sponsor reserves the right to change these rules at any time. At the sole discretion of Sponsor, all entries are subject to verification. Anti-fraud detection devices may be used to verify winners.
9.1. Errors, Malfunctions, Etc. / Fraud / Tampering. The Promotion Parties are not responsible for any incorrect or inaccurate entry information; human errors; technical malfunctions; or failures, relating to or resulting from participation in this Sweepstakes; theft, tampering, destruction, or unauthorized access to, or alteration of, entries; data that is processed late or incorrectly or is incomplete or lost for any other reason whatsoever, including typographical, printing or other errors, or any combination thereof. The Promotion Parties also are not responsible for lost, late, incomplete, damaged, stolen, misdirected, or illegible entries; or miscommunications or other errors or malfunctions of any kind whether, human, mechanical, electronic or otherwise. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the entry process and/or the legitimate operation of the Sweepstakes; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. All entries become the property of Sponsor and may not be acknowledged or returned. E-mail entries are not permitted. No mechanically reproduced entries will be accepted.
Sponsor reserves the right to disqualify any entrant at any time as determined in Sponsor’s sole discretion, should such person at any stage of the Sweepstakes: (a) fail to comply with these Official Rules; (b) supply any untruthful, inaccurate or misleading personal details and information; (c) refuse or fail to provide proof of identity and/or eligibility if requested by Sponsor at any time; (d) use technology to gain an unfair advantage over any other entrant; (e) engage in unlawful conduct or misconduct, including without limitation, harming or threatening to harm any other entrant or Promotion Parties’ personnel, exercising violent behavior, or potential or actual cheating; and (f) purposely impede the work of Promotion Parties and/or the implementation of the Sweepstakes. The disqualification of an entrant shall be final and not subject to appeal or review for any reason whatsoever.
9.2. Construction of Official Rules. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. Neither Sponsor, the Promotion Parties, nor anyone acting on their behalf will enter into any communications with any Sweepstakes entrant regarding this Sweepstakes, except as expressly set forth in these Official Rules. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. The headings of the paragraphs in these Official Rules are for the 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 the intent of any paragraph hereof. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Sponsor is not responsible for any electronic or typographical error in the printing or reproduction of these Official Rules, administration of the Sweepstakes or in the announcement of any the prizes. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor.
9.3. Termination Provisions. Except as prohibited by law, Sponsor reserves the right to terminate this Sweepstakes in the event of a force majeure or other failures or difficulties. If, for any reason, the Sweepstakes is not capable of running as planned, including tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor, which corrupt or affect the operation, administration, security, fairness, integrity, or proper conduct of this Sweepstakes, Sponsor may, in its sole discretion, (i) void any suspect entry or (ii) suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; and (iii) award the prize at random, by a drawing, from among the eligible, non-suspect entries received up to the time of the impairment. Sponsor reserves the right to suspend or modify this Sweepstakes at any time without notice or obligation. If such modification or suspension occurs, Sponsor will make a commercially reasonable effort to post notice of such on Sponsor’s website.
9.4. Arbitration Provision. By participating in this Sweepstakes, each entrant agrees that any claim, dispute, or controversy (whether in contract, tort, otherwise) that it may have with, or claims it may have against, Sponsor or the Promotion Parties arising out of, relating to, or connected in any way with the Sweepstakes, the awarding or redemption of the prize or merchandise, or the determination of the scope or applicability of this agreement to arbitrate, shall be resolved exclusively by private, final and binding arbitration administered by the National Arbitration Forum (“Forum”) and conducted before a sole arbitrator pursuant to the Forum’s Code of Procedure. Further, each entrant agrees that: (a) This arbitration agreement is made pursuant to and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (b) the arbitration shall be held in Milwaukee, Wisconsin, or at such other location as may be mutually agreed by the entrant and Sponsor/Patron; (c) the arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable entrant may have entered into in connection with the Sweepstakes; (d) the arbitrator shall apply Wisconsin law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (e) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the entrant’s and/or Sponsor’s individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; and (f) the arbitrator shall not have the power to award punitive damages against the entrant, Sponsor or Promotion Parties. Moreover, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Code of Procedure established by the Forum, the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. For more information on the Forum and/or the Forum’s Code of Procedure, please visit its website at www.arb-forum.com or contact the Forum at National Arbitration Forum, P.O. Box 50191, Minneapolis, MN 55405, 877-655-7755.
9.5. Choice of Law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the parties in connection with the Sweepstakes shall be governed by, and construed in accordance with, the laws of the State of Wisconsin, without regard to choice of law or conflicts of laws principles under Wisconsin law.
9.6 Further Documentation. If Sponsor shall desire to secure additional assignments, certificates or other documents as Sponsor may reasonably require in order to effectuate the purposes and intents of theses Official Rules and the Sweepstakes, then each entrant agrees to promptly sign and deliver to Sponsor the same upon Sponsor’s request therefore.