WD-40 SPECIALIST SWEEPSTAKES SCHEDULE:
Entry Period(s):
09/06/20 at 12:00 AM Pacific Standard Time ("PST") – 09/10/20 at 11:59 PM PST
09/13/20 at 12:00 AM Pacific Standard Time ("PST") – 09/17/20 at 11:59 PM PST
09/20/20 at 12:00 AM Pacific Standard Time ("PST") – 09/24/20 at 11:59 PM PST
09/27/20 at 12:00 AM Pacific Standard Time ("PST") – 10/01/20 at 11:59 PM PST
10/04/20 at 12:00 AM Pacific Standard Time ("PST") – 10/08/20 at 11:59 PM PST
10/11/20 at 12:00 AM Pacific Standard Time ("PST") – 10/15/20 at 11:59 PM PST
10/18/20 at 12:00 AM Pacific Standard Time ("PST") – 10/22/20 at 11:59 PM PST
10/25/20 at 12:00 AM Pacific Standard Time ("PST") – 10/29/20 at 11:59 PM PST
Winner Notification: Weekly winners will be notified on 09/12, 09/18, 09/25, 10/02, 10/09, 10/16, 10/23, 10/30 by 11:59 PM PST. In all cases, the computer of Administrator (as defined below) is the official timekeeping device of the Sweepstakes.
ELIGIBILITY: The WD-40 Specialist Sweepstakes ("Sweepstakes") is open only to legal residents of the 50 United States and District of Columbia (U.S.) who are eighteen (18) years of age or older ("Entrant(s)"). Employees (and the immediate families, spouses and parents, in-laws, siblings and children and their respective spouses, regardless of where they reside, and members of the same household of such employees (whether or not related) of WD-40 Company ("WD-40 Company" or "Sponsor"); and their respective parents, divisions, affiliates, dealers, subsidiaries and advertising and promotion agencies, including Easypromos® ("Administrator"), and companies involved in the implementation and execution of the Sweepstakes (collectively the "Sweepstakes Entities") are not eligible to enter or win any of the Prizes (defined below). Sweepstakes is void in Puerto Rico, and U.S. territories and jurisdictions (including overseas military installations) and where prohibited.
This Sweepstakes is not sponsored, endorsed or administered by Facebook® or Instagram®, nor is Facebook or Instagram, associated with the Sweepstakes in any way. Any questions, comments or complaints regarding the Sweepstakes must be directed to the Sponsor, and not to Facebook or Instagram.
AGREEMENT TO THE OFFICIAL RULES: By participating in the Sweepstakes, each Entrant fully and unconditionally agrees to and accepts these "Official Rules" and the decisions of the Sponsor and Administrator, which are final and binding in all matters related to the Sweepstakes. Winning one of the Prizes is contingent upon fulfilling all requirements set forth herein.
ENTRY SUBMISSION: During the Sweepstakes Entry Periods, comment on the #WD40Specialist post. Limit: one (1) Entry per Facebook or Instagram account. To enter into the WD-40 Specialist Sweepstakes, Entrants must comment on the WD-40® Brand post and detail how they would and/or did use the selected WD-40 Specialist product featured that week to support their professional efforts. Images are welcome, but not required. Commenting on any shared Entries from personal Facebook or Instagram accounts is not a valid entry.
ENTRY REQUIREMENTS AND CLEARANCES:
Sponsor will use the Easypromos Fraud Index Tool ("Tool") to verify the comments received by Entrants. The Tool will enable Sponsor to ascertain, upon finalization of the Entry Period, whether an Entrant has engaged in fraudulent practices. If the Fraud Index of an Entry is equal to or greater than 100%, then Sponsor reserves the right to disqualify the Entrant and declare their Entry void. Upon agreeing to these Official Rules, Entrant agrees their Entry will be monitored as such. Upon request, Entrant can request proof of the validity in the form of a Validity Report, which Sponsor will send to Entrant in the form of a webpage, after the closing date of the relevant weekly Sweepstakes.
The types of fraudulent practices detected by the Fraud Index are:
GRANT OF RIGHTS IN ENTRY COMMENT (INCLUDING PICTURES CONTAINED THEREIN):
Entrant grants Sponsor and its designees the non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable, sublicensable right and license to use, perform, exhibit, reproduce, edit and/or otherwise exploit Entrant’s comment/Entry in any manner and in any and all distribution channels, venues and/or media now known or hereafter devised, without further notice and/or any compensation of any kind to Entrant. Entrant further waives any "Moral Rights of Authors" and/or similar natural rights of ownership Entrant may have in Entrant’s comment/Entry. Entrant further agrees, upon Sponsor's request and without compensation of any kind, to execute any additional documents so as to effect, record or perfect the grant of rights granted to Sponsor herein.
SELECTION OF WINNERS- WEEKLY WINNERS
One (1) winner will be randomly selected each week for eight (8) consecutive weeks from the collective Entries received each week during the Sweepstakes Entry Periods via the Easypromos platform/process. The number of likes on a post does not influence and/or in any way increase Entrant’s likelihood of random selection.
WINNERS NOTIFICATION: Weekly winners ("Winners") will be notified by Facebook or Instagram private message using Entrant’s handle as provided by Entrant and if requested will be required to complete and return an Affidavit of Eligibility and Liability/Publicity Release ("Affidavit and Release"), as well as perhaps other additional documents (including those that effect, record and/or perfect Sponsor’s rights to Entrant’s comment/Entry and appropriate tax forms) within two (2) days of receipt or such shorter time as may be indicated in the prize notification documents. In the event of noncompliance with this requirement and/or if a Winner cannot be contacted by Administrator, the Prize for the applicable week will be forfeited, and an alternate Winner selected, time permitting. Without limiting the foregoing, each Entrant understand and agree their signature on the Affidavit and Release (or other documents) in electronic form shall have the same legal force and effect as a hand-signed paper copy of same.
WEEKLY PRIZE & Approximate Retail Value ("ARV"): Each weekly Winner will receive a Carhartt® jacket with WD-40 Brand embroidery (ARV: $100.00) and the WD-40 Specialist product (ARV:$7.50) featured that week during the relevant WD-40 Specialist Sweepstakes Entry Period. The Weekly Prizes are individually referred to as a "Prize" and collectively as "Prizes." All Carhartt® jackets and WD-40 Specialist products will be mailed within thirty (30) days after each weekly Winner was notified.
CONSENT TO USE PERSONAL INFORMATION: By participating in the Sweepstakes and without additional consideration and/or consent or prior review and in exchange for the potential to win the Prizes referenced herein, Entrant (except where prohibited by law) consents to the use by Sponsor and its designees of their first name, first initial of their last name, hometown, and any other personally identifiable information contained in Entrant’s comment/Entry for any advertising and marketing purposes in any media throughout the world.
GENERAL CONDITIONS: Sponsor and its agencies (including Administrator) make no representation or warranty of any kind, including but not limited to the representation of merchantability or fitness for intended use, with regard to any elements of the Prizes. Neither Sweepstakes Entities nor any service providers are responsible for incorrect or inaccurate transcription of Entry information, or any human or other error, technical malfunctions, lost/delayed data, omission, interruption, deletion, defect, failures of any computer equipment, software, inability to access any online service or website, or any injury or damage to Entrants’ computer or mobile device related to or resulting from participation in this Sweepstakes. If for any reason the Sweepstakes or any part of it is not capable of being executed as planned, or infection by computer virus, bugs, tampering, unauthorized intervention, fraud, action of Entrants, technical failures or any other causes which, in the opinion of Administrator and/or Sponsor, corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Sweepstakes, Administrator reserves the right at its sole discretion to cancel the Sweepstakes and/or any part of it and not award any of the Prizes referenced herein. In the event of any cancellation, termination or suspension, notice thereof will be posted on Sponsor’s Facebook and Instagram posts. Entries not complying with these Official Rules are subject to disqualification.
RELEASE: By participating in the Sweepstakes, each Entrant fully releases Sponsor and Administrator and their respective directors, officers, agents and employees, from any and all liability for any actions, claims, costs, debts, expenses, fees, injuries, losses or damages of any kind arising out of or in any way related to the Entrant’s participation in the Sweepstakes ("Claims"). This Release expressly applies to all claims, costs, fees, injuries, losses or damages of any kind relating to or arising out of unauthorized access to, or disclosure of, any personally identifiable information supplied by Entrant during the course of the Sweepstakes as well as the acceptance, possession, use, or misuse of the Prizes.
CALIFORNIA SECTION 1542 RELEASE: By participating in the Sweepstakes, each Entrant understands and agrees they are specifically and expressly waiving any and all rights under Section 1542 of the California Civil Code, or any analogous (in whole or in part) federal, state or municipal law, rule, regulation or ordinance. Section 1542 provides as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
GOVERNING LAW/JURISDICTION/DISPUTE RESOLUTION: Each Entrant agrees that (a) any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or the awarding of the Prizes shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Southern District of California; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes but in no event attorneys’ fees; and (c) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to, claim punitive, incidental and consequential damages and any other damages, other than out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, Entrants’ rights and obligations, or the rights and obligations of Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
ENTRANT'S PERSONAL INFORMATION: Information collected from Entrants is subject to WD-40 Company’s Privacy Policy and for California residents Notice of Data Collection at https://www.wd40.com/privacy and Terms of Use, available at https://www.wd40.com/terms-of-use.
SPONSOR AND ADMINISTRATOR: WD-40 Company, 9715 Businesspark Ave, San Diego, CA, 92131.