LAST STRAW GIVEAWAY OFFICIAL CONTEST RULES _________________________________ 1. NO PURCHASE IS NECESSARY TO ENTER OR WIN. The Last Straw Giveaway (this “Contest”) begins at 12:00:01 AM Central Time on May 31, 2008 and ends at 11:59:59 PM Central Time on November 10, 2008 (“Contest Period”). 2. ELIGIBILITY: The Contest is open to legal residents of the 50 United States and the District of Columbia (excluding Guam, Puerto Rico, and all other U.S. and foreign territories and possessions) (the “Eligibility Area”) who are 18 years of age or older at the time of entry and have the ability to enter into valid contracts in their personal jurisdiction of residence. Only individuals may enter; no entry form from any corporation or other entity shall be accepted. The Contest is VOID outside of the Eligibility Area and where otherwise taxed, prohibited or restricted. Employees and directors of RTM Productions, Inc. (“RTM”) and WD-40 Company (“WD-40”), and their affiliates, subsidiaries, advertising, promotion, fulfillment, marketing agencies, public relation firms, consultants and contractors, their immediate families (defined as spouse, child, sibling, parent or grandparent) and those living in their same households are ineligible to participate in the Contest. By participating, you agree to these Official Rules and to the decisions of RTM, which are final and binding in all respects.
3. HOW TO ENTER: To enter, visit the PowerBlockTV.com website, complete and submit all required registration information, and upload one (1) original photograph with a title (up to 10 words of text) or one (1) original video recording that shows your favorite use of WD-40. All registration information must be complete to qualify. The submission must be your original work, must not have been copied in whole or in part from any other work, and must not have been entered in any other competition. No changes to any entry materials or information are permitted once the entry has been submitted. All entries become the property of RTM and will not be acknowledged or returned. Individuals may submit multiple entries. Entries that do not conform to these guidelines or are received by RTM after the end of the Contest Period will be discarded and deemed VOID. In the event of a dispute as to who submitted an online entry, the individual who was, at the time of entry (in RTM’s sole discretion), the registered holder of the email account used to enter the Contest will be deemed the eligible entrant. Proof of entering the Contest online will not be deemed to constitute proof of delivery or receipt of entry. RTM is not responsible for technical failures in entry transmission.
4. ORIGINAL WORK: Each entrant represents and warrants that his/her submission is an original work and that the entrant is the sole author with the full power to submit the same and to grant the licenses herein to RTM and WD-40. Entrants may not submit information, pictures, images, music, sounds, video footage or other materials that violate the property rights of others, including unauthorized intellectual property, trade secrets or other confidential proprietary information of a third party. Each entrant hereby waives any opportunity or right to inspect or approve his/her submission and/or the final product in which it may be used or incorporated. Each entrant hereby releases RTM and WD-40 from all claims now or hereafter existing which may arise from any use, non-use or editing of the entrant’s submission. By submitting an entry to RTM, the entrant grants to RTM and WD-40 a perpetual, irrevocable, nonexclusive, royalty-free license to use, reproduce, display, distribute, publish, modify and create derivative works from the entrant’s submission in any media now known or hereafter developed.
5. PRIZES: A total of twenty-one (21) weekly prizes will be awarded (one (1) per week). Each weekly prize will consist of one (1) WD-40 “No-Mess” pen and one (1) WD-40 logo trucker ball cap (total approximate retail value: $315). On November 11, 2008, one (1) Grand Prize winning entry will be chosen from all winning and non-winning eligible entries received by RTM, and the winner will be awarded one Matco tool box with hand tools (approximate retail value: $5,000). The value of the prizes set forth above represents RTM’s good-faith determination of the retail values thereof. The prizes may not be combined with any other offer. Winners will be solely responsible for all applicable taxes, fees, insurance and/or any other expenses associated with acceptance and/or taking delivery of the prize(s). By accepting the prizes, the winners waive the right to assert, as a cost of winning said prize, any and all costs of redemption of said prizes or any and all liability that might arise from redeeming or seeking said prize.
6. JUDGES AND CRITERIA: Each eligible entry will be judged by a panel of judges consisting of three (3) RTM employees. Entries will be judged based on the following criteria: (a) effective use of the WD-40 product; (b) originality and creativity; (c) uniqueness; and (d) as yet unknown or different uses of the WD-40 product. All decisions of the judges are final.
7. PRIZE AWARDING: THE PRIZES WILL BE AWARDED. The winners will be selected from all eligible entries received by RTM. Weekly judging will take place each Friday, and the judging for the Grand Prize will take place on November 11, 2008. The entry with the highest judging score each week will be declared the winner of that week’s prize. The prizes will be awarded only upon winner validation and verification by RTM. The winners’ names will be posted on the PowerBlockTV.com website on or about seven (7) days following each weekly selection. No substitution, transfer or assignment of the prizes is permitted. No substitution of the prizes will be permitted, except that RTM reserves the right, in its sole discretion, to substitute the prizes with either the cash value of the prize that would have been awarded, or a prize of equal or greater value. RTM will use commercially reasonable efforts to contact each winner by email within three (3) days after the actual date of RTM’s selection of the winner. If the initially selected winner cannot be contacted, is ineligible, or fails to claim the prize, the prize will be forfeited and an alternate winner will be selected by the judges from among the remaining eligible entries. Acceptance of a prize constitutes permission for RTM and its affiliates to use the winner’s name, likeness and biographical information for advertising and promotional purposes without compensation, unless otherwise prohibited by law. Where permitted by law, each winner will be required to sign and return an affidavit of eligibility and liability/publicity release within ten (10) days of notification (or return the signed forms within ten (10) days of receipt), or such winner may be disqualified and the prize awarded to an alternate winner selected by the judges from among the remaining eligible entries. If any prize notification or any prize is returned to RTM as undeliverable, the prize will be awarded to an alternate winner selected by the judges from the remaining eligible entries.
8. DISQUALIFICATION: The use of robotic, automatic, macro, programmed or like methods is strictly prohibited. Persons found tampering with or abusing any aspect of this Contest, as solely determined by RTM, will be disqualified. If disqualified for any of the above abuses, RTM reserves the right to terminate the person’s eligibility to participate in this and future Contests and sweepstakes offered by RTM. Any attempt to damage any website of RTM, or tamper with or undermine the legitimate operation of the Contest, is a violation of these Official Rules as well as criminal and civil laws. RTM reserves the right to seek remedies and damages from any responsible individuals to the fullest extent permitted by law. In the event any portion of this Contest is compromised by any virus, bugs, non-authorized human intervention or other causes beyond the control of RTM which, in the sole opinion of RTM, corrupts or impairs the administration, security, fairness or proper play of the Contest, RTM reserves the right, at its sole discretion, to suspend or terminate the Contest. In no event will more prizes be awarded than the ones listed above.
9. LIMITATION OF LIABILITY: By entering, entrants (a) agree to these Official Rules, and to the decisions of RTM, which shall be binding and final in all respects; and (b) acknowledge that RTM has not made nor is in any manner responsible or liable for any warranty, representation, or guarantee, expressed or implied, in fact or in law, relating to the prizes. By participating, each winner releases RTM and WD-40, their respective officers, directors, employees, affiliates, subsidiaries, marketing partners, advertising, promotion, fulfillment, marketing agencies, public relation firms, consultants or contractors from any and all liability, claims or actions of any kind whatsoever for injuries, damages or losses to persons (including death) and property which may be sustained in connection with the receipt, ownership, possession, acceptance, enjoyment, use or misuse of the prize(s), or arising out of participation in this Contest, or while preparing for, participating in, and/or traveling to and from taking delivery of the prizes or any prize-related activities. RTM and WD-40 expressly disclaim any responsibility or liability for injury or loss to any person or property relating to the delivery and/or subsequent use of the grand prize awarded. IN NO EVENT WILL RTM, WD-40 OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, ADVERTISING, PROMOTION, FULFILLMENT, MARKETING AGENCIES, PUBLIC RELATION FIRMS, CONSULTANTS OR CONTRACTORS BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING OUT OF ANY ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZES AWARDED IN CONNECTION WITH THIS CONTEST, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY, DEATH AND/OR PROPERTY DAMAGE, AS WELL AS ANY CLAIMS BASED ON PUBLICITY RIGHTS OR INVASION OF PRIVACY. No responsibility is assumed by RTM for the following: lost, late, incomplete, stolen, misdirected, illegible, inaccessible, corrupted or unusable entries; incorrect or inaccurate online or printed information relating to the Contest (including typographical errors); any computer, telephone, cable, network, Internet or other hardware or software malfunctions, interruptions, failures, connections or availability; or unauthorized human intervention.
10. GENERAL INFORMATION: Any and all disputes in connection with this Contest will be resolved exclusively in the appropriate courts in Nashville, Tennessee. Should there be a conflict between the laws of the State of Tennessee and any other laws, the conflict will be resolved in favor of the laws of the State of Tennessee. Each entrant waives any and all objections to jurisdiction and venue and hereby submits to the jurisdiction of those courts. Any and all lawsuits or other disputes that arise relating to this Contest must be filed within one (1) year from the date that the grand prize winner is drawn. The failure of RTM to exercise or enforce any right or provision of these Official Rules shall not constitute a waiver of such right or provision. If any part of these Official Rules is held by a court of competent jurisdiction to be invalid or unenforceable, that part will be enforced to the maximum extent permitted by law, and the remainder of these Official Rules will remain fully in force. Entry information provided may or may not be used by RTM and/or WD-40 for marketing purposes.
11. RULES REQUEST; WINNERS LIST: For a copy of these Official Rules or for a list of winners, please send a stamped, self-addressed envelope to RTM Productions, Inc., 130 Southeast Parkway Court, Franklin, TN 37064. Residents of WA and VT may omit return postage.
12. SPONSOR/ADMINISTRATOR: The sponsor of this Contest is WD-40 Company, 1061 Cudahy Place, San Diego, CA 92110-3929. The administrator of this Contest is RTM Productions, Inc., 130 Southeast Parkway Court, Franklin, TN 37064.
© 2008 RTM Productions, Inc.