THE MSC TOOL UP SWEEPSTAKES
OFFICIAL RULES
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. A purchase or payment will not improve your chances of winning. The MSC Tool Up Sweepstakes (the "Sweepstakes") entry period begins at 12:01 AM Eastern Time ("ET") on June 29, 2020 and ends at 11:59 PM ET on August 21, 2020 (the "Promotion Period"). The Sweepstakes consists of a series of seven (7) weekly independent sweepstakes (each, a “Weekly Sweepstakes”) and one (1) independent grand prize (the “Grand Prize Sweepstakes”).
For each Weekly Sweepstakes offered throughout the Promotion Period, one (1) prize winner will be randomly selected from among all eligible entries received, as set forth more fully below. Entry for the first Weekly Sweepstakes begins at approximately 12:00:01 a.m. PT on or about Monday, June 29, 2020 and ends at 11:59:59 p.m. PT on Friday, July 3, 2020. Entry for the second Weekly Sweepstakes begins at approximately 12:00:01 a.m. PT on Monday, July 6, 2020 and ends at 11:59:59 p.m. PT on Friday, July 10, 2020. Entry for the remaining Weekly Sweepstakes will begin at approximately 12:00:01 a.m. PT on the Monday following the closing of the last Weekly Sweepstakes and end at 11:59:59 p.m. PT on the Friday of that same week (each, a “Weekly Sweepstakes Entry Period”). The Weekly Sweepstakes Entry Periods will run from Monday, June 29, 2020 through Friday, August 21, 2020. Non-winning entries for one Weekly Sweepstakes do not roll-over into subsequent Weekly Sweepstakes.
For the Grand Prize Sweepstakes, one (1) prize winner will be selected based on judgment of certain criteria, as set forth more fully below. Entry for the Grand Prize Sweepstakes will run from Monday, June 29, 2020 through Friday, August 21, 2020 (the “Grand Prize Sweepstakes Entry Period”).
Eastern Time shall control for all purposes of this Sweepstakes. Sponsor's clock shall be the official timekeeper for the Sweepstakes. The Sweepstakes is governed by these Official Rules and is subject to all applicable U.S. federal, state and local laws. Void where prohibited.
1. Eligibility. The Sweepstakes is open only to legal residents of the 50 United States, who are of the legal age of majority in their state of residence at the time of entry. Proof of residency and age may be required. If you are an eligible entrant, you may enter either: (i) as an individual or (ii) as a representative of your company/employer; provided, however, you must have your company/employer's express consent to enter the Sweepstakes and, if you are entering as a representative of your company, you understand that your company/employer is the actual entrant and that any prize awarded will be awarded to your company/employer or to you on its behalf. Employees of MSC Industrial Direct Co., Inc. (“MSC”) or Kennametal, Inc. (“Kennametal”), or any of their respective subsidiaries, divisions, affiliates, and advertising or promotional agencies, and the immediate family and household members of such individuals, are not eligible to enter or win. "Immediate family members" shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses, regardless of where they live. "Household members" shall mean people who share the same residence at least three months a year, whether related or not. In order to enter the Sweepstakes or receive a prize, you must fully comply with the Official Rules and, by entering, you represent and warrant that you agree to be bound by these Official Rules and the decisions of the Sponsor, whose decisions shall be binding and final in all respects relating to this Sweepstakes.
2. How to enter. To enter a weekly sweepstakes (a, “Weekly Sweepstakes”), visit the website https://woobox.com/ocmhs2 (the “Weekly Sweepstakes Entry Page”) during a Weekly Sweepstakes Entry Period and follow the instructions. Each week during a Weekly Sweepstakes Entry Period, a new photograph of a tool or equipment that entrants are asked to attempt to identify (the “Photo Challenge”) will be posted to the Weekly Sweepstakes Entry Page. On the Weekly Sweepstakes Entry Page, you will be prompted to: (i) complete an entry form with the information required, including your email address; (ii) submit your answer to the Photo Challenge; and (ii) agree to the Official Rules and other terms and conditions. Once you submit this information, regardless of your answer to the Photo Challenge, you will receive one (1) entry into the applicable Weekly Sweepstakes.
To enter the Grand Prize Sweepstakes, during the Grand Prize Sweepstakes Entry Period: (i) visit the website https://woobox.com/ocmhs2 (the “Grand Prize Sweepstakes Entry Page”); (ii) complete all required fields on the entry form; and (iii) submit a photo or video (the "Photo/Video Submission") as instructed and meeting all stated size, length, and other requirements, depicting: (1) what you produce at your facility, and (2) what you do day in and day out at your company; and (3) how the Grand Prize (see below) will benefit your company, together with a brief description of the Photo/Video Submission which will be used to caption your submission. The Photo/Video Submission must comply with the Photo/Video Submission requirements set forth in these Official Rules. The Photo/Video Submission and the description of the Photo/Video Submission must be in English. Sponsor reserves the right, in its sole discretion, to disqualify and take down any Photo/Video Submission which Sponsor believes, in its sole discretion, is inappropriate or in violation of these Official Rules.
To receive an entry without entering online, legibly print your first and last name, date of birth, complete address (no P.O. Boxes accepted), telephone number and valid email address on a plain sheet of paper and mail it in an envelope, with U.S. first class postage affixed, to: MSC Tool Up Sweepstakes, MSC Industrial Direct Co., Inc., 75 Maxess Road, Melville, New York 11747. ALL ENTRIES MUST BE RECEIVED BY 11:59 PM ET ON August 21, 2020.
Limit one (1) entry per day FOR ThE WEEKLY SWEEPSTAKES AND ONE (1) ENTRY FOR THE GRAND PRIZE SWEEPSTAKES. Although it is free to enter the Sweepstakes, if you participate in the Sweepstakes using your mobile device, standard data and message charges may be incurred. Entries by the same person in excess of the limits stated herein will be disqualified. Entering or attempting to enter the Sweepstakes multiple times through the use of multiple email addresses/accounts or the use of any robotic or automated devices to submit entries is prohibited and any such entries will be deemed void and disqualified.
3. Photo/Video Submission requirements. The Photo/Video Submission must comply with the following requirements: (i) the Photo/Video Submission must be submitted with the knowledge and express consent of entrant's employer/company and entrant shall provide Sponsor with proof of such express consent upon request; (ii) the Photo/Video Submission may feature only the entrant and no other person, unless entrant has obtained the other person's express consent and provides Sponsor with proof of such person's consent upon request; (iii) the Photo/Video Submission may not contain, depict or display any information that is confidential or proprietary to entrant's company and/or employer; (iv) other than the Sponsor, its brands and/or logos, the Photo/Video Submission may not show, contain, mention, depict, refer or otherwise allude to the name or logo of any retailer, manufacturer, brand, product, store, place of business, person, company or character in such a way or manner as to imply an affiliation with, or endorsement of, the Sponsor, its brands and/or this Sweepstakes; (v) the Photo/Video Submission must be entrant's own original work and not created professionally; must not have been previously published, released or distributed in any form; must not have won any award; and must not infringe the copyright, trademark, privacy, publicity, or other personal or proprietary rights of any person or entity; (vi) the Photo/Video Submission may not contain, mention, refer or otherwise allude to any material that is violent, lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libelous, racially or morally offensive or otherwise contain inappropriate content or objectionable material; (vii) the Photo/Video Submission cannot promote alcohol, illegal drugs or tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any political agenda or message; (viii) the Photo/Video Submission cannot in any manner defame, misrepresent, contain disparaging remarks or reflect negatively about Sponsor, its products, or other people, products or companies or their products, or in any way reflect negatively upon such parties or explicitly or implicitly communicate messages or images inconsistent with the positive images and/or goodwill with which Sponsor wishes to be associated, as determined by Sponsor in its sole discretion; (ix) the Photo/Video Submission cannot contain any personal identification, such as personal names, email addresses or street addresses, without express permission; (x) the Photo/Video Submission cannot depict and cannot itself be in violation of any law; and (xi) the Photo/Video Submission must otherwise be in compliance with these Official Rules. Sponsor reserves the right, in its sole discretion, to disqualify any Photo/Video Submission that Sponsor believes, in its sole discretion, does not comply with or is in violation of these Official Rules or that otherwise contains prohibited or inappropriate content.
4. Grant of Rights. Each entrant into the Sweepstakes hereby irrevocably grants Sponsor a non-exclusive, non-transferable, royalty-free perpetual license to use and display the Photo/Video Submission for any and all purposes in any and all media channels without limitation, worldwide and without additional compensation, notice or approval from entrant.
5. Representations and Warranties/Indemnification. Each person who enters this Sweepstakes represents and warrants as follows: (i) entrant owns or has obtained any and all necessary rights and permissions required to submit the Photo/Video Submission and grant Sponsor the rights to use and display the Photo/Video Submission as set forth above, including any and all necessary rights and permissions from entrant's company/employer; (ii) the Photo/Video Submission does not contain or depict anything that is proprietary or confidential to entrant's company and/or employer; entry and/or winning a prize is not against entrant's employer/company policy; and, if entrant is entering on behalf of entrant's company/employer, entrant has obtained the express consent of its company/employer to do so and entrant represents its understanding that any prize awarded to entrant is being awarded on behalf of entrant's company/employer; (iii) the Photo/Video Submission is owned by entrant or entrant's company/employer (and, in such case, is submitted with such company/employer's express knowledge/consent) and has not been previously published, distributed or otherwise exploited, except as provided by these Official Rules; (iv) the Photo/Video Submission is wholly original with entrant or entrant's company/employer and, as of the date of submission, the Photo/Video Submission is not the subject of any actual or threatened litigation or claim; (v) the Photo/Video Submission does not and will not violate or infringe upon the intellectual property rights or other rights of any other person or entity, including, but not limited to, rights of privacy and publicity; and (vi) the Photo/Video Submission does not and will not violate any applicable laws, and is not and will not be considered defamatory or libelous. Each entrant hereby agrees to indemnify and hold the Sponsor and its subsidiaries, affiliates, divisions, partners, representatives, agents, successors, assigns, employees, officers and directors harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of entrant hereunder.
6. Weekly Random Drawings; Judging for Grand Prize. At the end of each Weekly Sweepstakes Entry Period, one (1) potential winner of the applicable Weekly Sweepstakes will be selected by Sponsor in a random drawing from all eligible entries received during the Weekly Sweepstakes Entry Period. Odds of winning depend upon the total number of eligible entries received.
At the end of the Grand Prize Sweepstakes Entry Period, one (1) potential winner of the Grand Prize Sweepstakes will be selected by the Sponsor based on the following criteria as judged by Sponsor in its sole discretion: (i) overall quality of the Photo/Video Submission; (ii) innovative concepts and techniques displayed in the Photo/Video Submission; (iii) clarity of presentation of the Photo/Video Submission; (iv) relevance of the Photo/Video Submission to MSC’s business and customer base.
7. Prizes. After the close of each Weekly Sweepstakes Entry Period, one (1) winner will choose prizes worth up to $275 ("ARV") from the list of Kennametal products below (each, a “Weekly Prize), selected at Sponsor’s sole discretion, for a total of seven (7) winners of Weekly Prizes during the Sweepstakes:
After the Grand Prize Sweepstakes Entry Period has closed, one (1) winner will be selected to receive a Kennametal First Choice consultation and custom tooling package. (the “Grand Prize”) (ARV $3,000.00).
The aggregate ARV for all Weekly Sweepstakes prizes and the Grand Prize Sweepstakes prize is $4,925.00.
All federal, state and local taxes on the prizes are the sole responsibility of the winner. Any prize or portion of a prize not accepted, unclaimed or unused by a winner will be forfeited and will not be substituted. No transfer, refund, cash redemption, substitution or replacement of prize permitted, except that Sponsor reserves the right, in its sole discretion, to substitute a prize of equal or greater value (or cash equivalent). ARV of prize is in U.S. dollars.
8. Winner Notification. Each potential winner will be notified using the information provided on the potential winner's entry form, and may be required, in Sponsor's discretion, to complete and return an Affidavit of Eligibility, Release of Liability and Publicity Release (where permitted by law) (collectively, the "Affidavit") within the time frame or by the date specified in notification or an alternate winner may be selected. In the event: (a) a potential winner cannot be reached for whatever reason after a reasonable effort has been exerted based on the information stated in the entry form or winner notification or Affidavit is returned as undeliverable; (b) a potential winner declines or cannot accept, receive or use the prize for any reason; (c) of noncompliance with the above or within any of the aforesaid time periods, (d) a potential winner is found to be ineligible to enter the Sweepstakes or receive the prize, (e) a potential winner cannot or does not comply with the Official Rules, or (f) a potential winner fails to fulfill the Affidavit-related obligations, the potential winner shall be disqualified from the Sweepstakes and an alternate potential winner may be selected, at Sponsor's sole discretion, from among the other eligible entries received.
9. Publicity Release; Use of Personal Information. Except where prohibited or restricted by law, winner's acceptance of prize constitutes the winner's agreement and consent for Sponsor and any of its designees to use and/or publish winner's full name, city and state of residence, photographs or other likenesses, pictures, portraits, video, or voice, or testimonials, biographical information, and/or statements made by winner regarding the Sweepstakes, Sponsor or its products, (in whole or in part), worldwide and in perpetuity for any and all purposes, including, but not limited to, advertising, trade and/or promotion on behalf of Sponsor, in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, electronic, cable, or World Wide Web, without further limitation, restriction, compensation, notice, review, or approval. By entering the Sweepstakes, entrants will be sharing their personal information with Sponsor. Personal information collected by Sponsor will be used for administration of the Sweepstakes and awarding the prize. In addition, by entering, entrants agree to Sponsor's use of entrant's personal information as described in its privacy policy at www.mscdirect.com. Please refer to Sponsor's privacy policy for important information regarding the collection, use and disclosure of personal information by Sponsor. Sponsor is not responsible for disclosures made by any third party. All entries become the property of Sponsor upon receipt and will not be acknowledged or returned.
10. No Tampering; Right To Cancel; Modify. Sponsor and its subsidiaries, affiliates, divisions, partners, representatives, agents, successors, assigns, employees, officers and directors shall not have any obligation, responsibility or liability, including any responsibility to award any prize to entrants, with regard to: (a) entries that contain inaccurate information or do not comply with or violate the Official Rules; (b) entries, prize claims or notifications that are lost, late, incomplete, illegible, unintelligible, damaged or otherwise not received by the intended recipient, in whole or in part, due to computer, human or technical error of any kind, including but not limited to, inactive email accounts or an entrant's failure to monitor its email account; (c) entrants who have committed fraud or deception in entering or participating in the Sweepstakes or claiming the prize; (d) telephone, electronic, hardware, software, network, Internet or computer malfunctions, failures or difficulties; (e) any inability of the winner to accept the prize for any reason; (f) if a prize cannot be awarded due to delays or interruptions due to Acts of God, natural disasters, terrorism, weather or any other similar event beyond Sponsor's reasonable control; (g) any damages, injuries or losses of any kind caused by any prize or resulting from awarding, acceptance, possession, use, misuse, loss or misdirection of any prize or resulting from participating in this promotion or any promotion or prize related activities; or (h) any typographical or other error contained in the Official Rules or other Sweepstakes-related materials. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be (a) tampering with the entry process or the operation of the Sweepstakes, or with any Website promoting the Sweepstakes; (b) acting in violation of the Official Rules; or (c) entering or attempting to enter the Sweepstakes multiple times in violation of these Rules through the use of multiple email addresses/accounts or the use of any robotic or automated devices to submit entries. If Sponsor determines, in its sole discretion, that technical difficulties or unforeseen events compromise the integrity or viability of the Sweepstakes, Sponsor reserves the right to void the entries at issue, and/or terminate the relevant portion of the Sweepstakes promotion, including the entire Sweepstakes promotion, and/or modify the Sweepstakes and/or award the prizes based upon the criteria set forth in these Official Rules from all eligible entries received as of the termination date. If the Sweepstakes is terminated or modified due to technical difficulties or unforeseen events prior to the expiration date of the Entry Period, in Sponsor's discretion, notice may be posted at the Page.
11. Release of Liability; Disclaimer of Warranty; Forum Selection Clause. By participating in the Sweepstakes, entrants and winner agree to release and hold harmless Sponsor, Facebook, Instagram, Twitter, and their respective subsidiaries, affiliates, divisions, partners, representatives, agents, successors, assigns, employees, officers and directors (the "Released Parties"), from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever, including without limitation, property damage, personal injury (including emotional distress), and/or death, which may occur in connection with preparation for, or participation in, the Sweepstakes, or possession, acceptance and/or use or misuse of the prize or participation in any Sweepstakes-related or prize-related activity and for any claims or causes of action based on publicity rights, defamation or invasion of privacy and merchandise delivery. The Released Parties assume no responsibility for any injury or damage to entrants or to any other person's computer, regardless of how caused, relating to or resulting from entering or downloading materials or software in connection with this Sweepstakes. Entrants and winner acknowledge that Sponsor has neither made nor is in any manner responsible or liable for any warranty, representations or guarantees, express or implied, in fact or in law, relative to any prize or any component thereof. Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant or Sponsor in connection with the Sweepstakes, shall be resolved individually, without resort to any form of class action, and shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York. In addition, any dispute relating to the Sweepstakes (including these Official Rules) shall be brought in the appropriate state or federal court having jurisdiction over the subject matter located in Nassau County, State of New York or in and for the Eastern District of New York. Entrants hereby irrevocably consent to the personal jurisdiction of said courts and waive any claim of forum non conveniens or lack of personal jurisdiction that they may have. Any and all claims, judgment and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys' fees and under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and further waives any and all rights to have damages multiplied or otherwise increased.
12. Sponsor: MSC Industrial Direct Co., Inc., 75 Maxess Road, Melville, New York 11747. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram, or Twitter. Any and all questions, comments or complaints regarding the Sweepstakes must be directed to Sponsor.
13. Winner List. To obtain a copy of the winner's list, available after October 1, 2020, send a self-addressed, stamped envelope to: MSC Tool Up Sweepstakes, MSC Industrial Direct Co., Inc., 75 Maxess Road, Melville, New York 11747, for Sponsor's receipt by October 15, 2020.