Festool USA – Cordless Sweepstakes

Rules
Festool Cordless Sweepstakes  

OFFICIAL CONTEST RULES AND REGULATIONS  

WHO CAN ENTER: The Festool USA LLC (“Festool”) Cordless Sweepstakes (the “Contest”) is open only to all legal residents of the 50 United States and District of Columbia (excluding Rhode Island) who have achieved the age of 18 before March 23, 2023. Employees, directors, officers, representatives and agents of Festool, of any corporation or other legal entity controlled by or related to Festool, of Festool’s or any of its affiliate’s advertising, promotional and fulfillment agencies, legal advisors, or of suppliers of materials or services related to the Contest (collectively, “Related Entities”), and members of their immediate families and any individuals with whom they are domiciled, are not eligible to participate in the Contest.   The Contest is subject to all applicable federal, state and local laws, rules and regulations. The Contest is void where prohibited by law, rule or regulation. 

CONTEST PERIOD: The Contest starts on March 23, 2023, at 12:01 am and closes on April 2, 2023, at 11:59 pm, unless suspended or cancelled earlier as set out herein (the “Contest Period”).  All references to time in these Official Contest Rules and Regulations (these “Official Rules”) are to Eastern Time. Entries will be accepted until end of the Contest Period. 

HOW TO ENTER: No purchase necessary. Only one (1) entry per person. Participants must either log in to their MyFestool account or create a free MyFestool account if they do not already have one, at www.festoolusa.com/myfestool. To enter: 

(1) Click the contest link at the very top of the MyFestool page; and 

(2) Click the application form weblink; and 

(3) Complete the Contest form and submit the ballot as instructed.  

WINNER SELECTION AND NOTIFICATION: The winners will be selected at approximately noon on April 3, 2023, by a representative of Festool. The nine (9) selected entrants will be notified by April 7, 2023, by email. The selected entrants will be required to acknowledge by email their receipt of notification of eligibility for the Prize. Festool reserves the right to require proof of age and jurisdiction of residence prior to awarding the Prize. Festool will not be responsible for any failed attempts to reach a selected entrant. If a selected entrant has not responded within three (3) business days following the notice, incorrectly answers the skill-testing question, declines the Prize, fails to demonstrate eligibility if requested or fails to return the declaration and release, assignment and waiver specified above, another entrant will be selected until all nine (9) Prizes are awarded.  

PRIZES: There are nine (9) prizes valued at approximately US$ 4899.00 total. Each a “prize. Prizes must be accepted as awarded, without exchange or conversion to cash, and are non-assignable. Festool reserves the right to substitute prizes of equal or greater value in the event that a Prize is unavailable. 

The 1st & 2nd prize each includes a TSC 55 K Cordless Track Saw, FS 1400 guide rail, TID 18 + T 18 Cordless Drill and Impact Driver Set, the 3rd- 5th prize each includes a TID Plus Impact Driver, the 5th-9th prize each includes a KAL II Cordless Work light. 

GENERAL: Festool is not responsible for any costs associated with claiming or using the Prizes, or for any loss, theft or misuse of the Prizes. The winners are solely responsible for the reporting and payment of all taxes, if any, that may result in claiming the Prizes in the Contest. 

Decisions of Festool are final on all matters relating to the Contest, including matters of fact, interpretation, eligibility, procedure and fulfillment in respect to the Contest. Festool reserves the right at any time to cancel or modify the Contest or to modify or supplement these rules, without notice, in its sole discretion, subject to applicable law. 

Festool reserves the right, in its sole discretion, to suspend or cancel the Contest at any time if a computer virus, bug, tampering, unauthorized intervention, or other technical problem of any sort corrupts the administration, security, or proper play of the Contest. Festool also reserves the right to disqualify, in its sole discretion, any person tampering with the entry process, the operation of the Festool account, or who is otherwise in violation of these Official Rules. Use of computer programs and/or other automated devices to enter the Contest is prohibited. 

By participating in the Contest, winners grant to Festool the right to publicize their names and city and state of residence in any and all media now known or hereafter devised, for advertising, trade and other purposes, throughout the world, in perpetuity, in any manner, without limitation and without additional compensation, consideration, notification or permission, unless prohibited by for any lawful purpose without further permission or compensation, except where prohibited by law. This would include providing the name of the winners to those who request it and promoting the name of the winners in any marketing vehicles. By entering the Contest, all entrants and the winners agree to abide by and be bound by these Official Rules and consent to the use of their personal information to administer, implement and fulfill the Contest. 

WAIVER OF LIABILITY AND RELEASE: By participating in the Contest, each entrant waives, discharges and fully releases the Related Entities are not responsible for and shall not be liable for: (i) website, telephone, electronic, hardware or software program, access provider, server, network, Internet, or computer malfunctions, failures, or difficulties of any kind; (ii) failed, incomplete, garbled or delayed entry information or computer transmissions or traffic or congestion on the Internet or at any website; (iii) any condition caused by events beyond the control of Festool that may cause the Contest to be disrupted or corrupted; (iv) inaccurate entry information, whether caused by equipment, programming used in the Contest, human processing or otherwise, or any combination thereof; or (v) any injuries, losses or damages of any kind arising in connection with or as a result of the Prize, or acceptance, possession, or use or misuse of the Prize, or from participation in the Contest.  All entries that are incomplete, illegible, damaged, irregular, have been submitted through illicit means, or do not conform to or satisfy any condition of the rules may be disqualified by Festool. Festool takes no responsibility for lost, stolen, delayed, damaged, misdirected, late or destroyed entries, or for typographical or other production errors.  Festool is not responsible for any errors or omissions in advertising the Contest. 

By participating in the Contest, each entrant agrees to release and hold each of the Related Entities harmless from any and all losses, damages, rights, claims and actions of any kind in connection with the Contest or resulting from acceptance, possession, or use or misuse of the Prizes, including without limitation, personal injury, death, and property damage, and claims based on publicity rights, defamation or invasion of privacy. 

If the identity of an entrant is disputed, the authorized account holder of the email address appearing on the Contest entry form submitted at the time of entry will be deemed to be the entrant.  The individual assigned to the email address for the domain associated with the submitted email address is considered the authorized account holder.  A selected entrant may be required to provide proof that they are the authorized account holder of the email address associated with the selected entry.  All entries must be submitted from a valid email account that may be identified by reverse domain name search. The sole determinant of time for the purposes of receipt of a valid entry in this contest will be the contest server machine(s).  

For names of the winners or for a copy of these Official Rules, send an email request to webmaster@festoolusa.com by May 1, 2023.  No other correspondence will be entered into except with the selected entrants who will be notified as set forth above. 

DISPUTES: By entering the Contest, each entrant agrees that (a) any and all disputes, claims and causes of action arising out of or connected with the Contest, or the Prizes awarded, shall be resolved individually by binding arbitration before a single arbitrator in accordance with the rules of the American Arbitration Association, without resort to any form of class action; and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, and in no event will the entrant be entitled to receive attorneys’ fees or other legal costs; and (c) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim, punitive, special, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased, and any other damages, other than for actual out-of-pocket expenses. The foregoing shall not limit any right to seek injunctive or equitable relief in any court with jurisdiction over the parties or to bring qualifying claims in small claims court. The arbitrator’s decision and award will be final and binding and judgment on the award may be entered in any court with jurisdiction. The Federal Arbitration Act and federal arbitration law apply to these Official Rules. 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 Contest, shall be governed by and construed in accordance with the laws of the State of Indiana without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than the State of Indiana. All claims that are not subject to the above arbitration provision (including claims involving the determination of the scope or applicability of the foregoing arbitration provisions), shall be litigated exclusively in the federal or state courts located in the State of Indiana and the parties hereby agree that such courts are convenient forums and submit to the jurisdiction and venue of such courts. 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 personal data provided by you will be stored, processed and used by Festool and Festool GmbH for the execution and handling of the Contest. The legal basis for this is Art. 6 para. 1 lt. a) GDPR. In addition, data may be passed on to TTS Tooltechnic Systems AG & Co. KG. The legal basis for this is our company interest, Art. 6 para. 1 lit. f) GDPR. You can object to the storage, processing and use of your data at any time by sending an email to datenschutz@tts-company.com. In this case, your data will be deleted immediately – further participation in the Contest is then unfortunately no longer possible. Furthermore, we will delete your personal data 6 months after the end of the Contest. Furthermore, your personal data will not be transferred to third parties, unless this is necessary for the purpose of processing the Contest. For further information on data protection, please see https://www.festoolusa.com/legal-information/data-protection.