BLACK+DECKER CHEERS TO THE MOMENT GIVEAWAY

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN.  

YOU MUST BE AGE 21 OR OLDER AND USA LEGAL RESIDENT TO ENTER THIS GIVEWAY.

This BLACK+DECKER Cheers to the Moment Giveaway (“Giveaway”) is sponsored by Black & Decker (U.S.) Inc., 701 E. Joppa Road, Towson, MD 21286 (“Sponsor”). The entry period starts on August 1, 2022 at 10:00 AM Eastern Time (“ET”) and ends on August 15, 2022 at 11:59:59 PM ET (the “Entry Period”). Sponsor is the official timekeeper of this Giveaway. By entering this Giveaway, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and decisions of Sponsor which shall be final and legally binding in all respects. Each entrant understands that they are providing their information to Sponsor, and the information provided will be used in accordance with Sponsor’s privacy policy (Privacy Policy | BLACK+DECKER (blackanddecker.com)). Should there be conflict between Sponsor’s privacy policy and these Official Rules, these Official Rules shall govern. Any personally identifiable information collected during an entrant's entry in this Giveaway will be collected by Sponsor or its designee and used by Sponsor and/or its designees for purposes of the proper administration, fulfillment, publicizing and promotion of this Giveaway as described in these Official Rules, as stated in Sponsor’s privacy policy or as otherwise expressly consented to by entrant during any separate opt-in opportunity provided to entrant during this Giveaway.  If an entrant does not fully agree to the terms of Sponsor’s privacy policy, such entrant should not enter this Giveaway. Limit of one (1) Entry per person, one (1) Winner, and one (1) prize awarded. Subject to federal, state, and local laws and regulations. Void where prohibited. 

1. ELIGIBILITY: This Giveaway is open only to persons who are age 21 or older and USA legal resident (50 states or Wash., DC). Employees, their immediate families (defined as spouse, domestic partner, children, siblings, parents, grandparents, grandchildren and stepfamily members) and/or people living in the same household of employees, related or not, of Sponsor, Stanley Black & Decker, Inc., Salesforce.com, Inc., Bartesian, Inc., any entity associated with the administration or promotion of this Giveaway, and any of their respective affiliates (individually and collectively, “Giveaway Entities”) are not eligible to enter.

2. HOW TO ENTER: Entrants may enter this Giveaway during the Entry Period via one (1) of the following entry methods (entrant’s choice) only: 

ONLINE ENTRY SITE:

(A)    visit https://cloud.email.blackanddecker.com/cheerstothemoment_giveaway_signup?lead_source=social

Or https://cloud.email.blackanddecker.com/cheerstothemoment_giveaway_signup?lead_source=website (each herein referred to “Entry Site”);

(B)    agree to the Official Rules;

(C)    complete the online entry form;

(D)    OPTIONAL: opt-in to receive BLACK+DECKER commercial electronic messages (not required to enter this Giveaway);

(E)    press submit to enter.   

or

INSTAGRAM®:

(A) visit www.Instagram.com and log into your (entrant’s) non-private Instagram® account;

(B)  visit Sponsor’s Instagram® page at @blackanddecker_US ("Sponsor’s Instagram page") and agree to the Official Rules;

(C)  on the Giveaway post on Sponsor’s Instagram page, comment by providing the following hashtag: 

#Bevbybdgiveaway

or

FACEBOOK®:

(A) visit www.facebook.com and log into your (entrant’s) non-private Facebook® account;

(B)  visit Sponsor’s Facebook® page at https://www.facebook.com/BlackAndDecker ("Sponsor’s Facebook page") and agree to the Official Rules;

(C)  on the Giveaway post on Sponsor’s Facebook page, comment by providing the following hashtag: 

#Bevbybdgiveaway

or

ALTERNATIVE METHOD OF ENTRY (Mail-In Entry):

  1. complete a 5” x 8” card by providing your name, USA street mailing address and email address;
  2. mail your completed card to: BLACK+DECKER, 701 E. Joppa Rd., Mail Stop No. TW621, Towson, MD 21286, ATTN: B. Quintana, and include “BLACK+DECKER Cheers to the Moment” on the outer envelope;
  3. mail-in entries must be postmarked during the Entry Period and received by Sponsor at the above address in (B) no later than 11:59:59 PM ET on August 20, 2022;
  4. full responsibility for the proper postage rests solely with entrant;
  5. mail-in entries must be submitted by entrant and contain all required information; and
  6. Sponsor is not responsible for any lost, late, damaged, incomplete, misdirected, or illegible entries, and proof of sending or submission will not be deemed to be proof of receipt of any entries by Sponsor.

Each valid entry is hereinafter referred to as “Entry”. Limit of one (1) Entry per person. Entries must be entered at one time and once an entrant submits their Entry, it cannot be changed. All Entries become the property of Sponsor and will not be returned and may not be acknowledged. If Sponsor determines that an entrant has entered this Giveaway more than once, such entrant’s first Entry will be the only valid Entry and the other entries will be voided. If this Giveaway is not completed in accordance with these Official Rules, entrant’s entry will be voided. Entries made by any other individual or any entity, including but not limited to commercial Giveaway subscription notification and/or entering services, will be declared invalid and disqualified for this Giveaway. Tampering with the entry process or the operation of this Giveaway is prohibited, and any entries deemed by Sponsor, in its sole and absolute discretion, to have been entered in this manner will be void. Entries generated by a script, macro, or other automated means will be disqualified. Entries that are late, incomplete, garbled, corrupted, or unintelligible for any reason, including, but not limited to, computer or network malfunction or congestion, will be disqualified. In case of a dispute over the identity of an entrant, the authorized account holder of the email account used in their Entry will be deemed to be the entrant and “authorized account holder” is defined as the person who is assigned to an email account by internet service provider. An entry will be disqualified if it is forged, falsified, altered, or improperly tampered with in any way. Multiple persons may not share the same entry form, Instagram or Facebook social media account, mail-in entry, or email account to enter this Giveaway. Entrants who enter this Giveaway using the Instagram or Facebook entry method must be able to receive direct message(s) from Sponsor. Any entry entered via the Instagram or Facebook entry method that does not include the required hashtag #Bevbybdgiveaway will be disqualified.

3. RANDOM DRAWING: The random drawing will be held on or about August 21, 2022, by a representative of Sponsor. The one (1) Entry drawn will be declared the potential “Winner”. Entrants are not required to be present to win. Odds of winning depend on the total number of Entries received. AN ENTRANT IS NOT THE OFFICIAL WINNER UNLESS AND UNTIL ENTRANT'S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN ADVISED BY SPONSOR THAT VERIFICATION IS COMPLETE.

4. NOTIFICATION / PRIZE ACCEPTANCE: Within five (5) days after the drawing is held, Sponsor will notify the potential Winner. If the potential Winner entered via Instagram or Facebook, Sponsor will reply to such entrant’s Entry and such potential Winner must respond via direct message to Sponsor within five (5) business days of Sponsor’s first notification attempt. If the potential Winner entered via the Entry Site or alternate method of entry, such potential Winner will be notified via the email address contained in such Entry, and such potential Winner must respond via email to Sponsor within five (5) business days of Sponsor’s first notification attempt. The potential Winner must accept the prize by returning to Sponsor a completed and personally signed Affidavit of Eligibility and Liability/Publicity Release within ten (10) business days of Sponsor’s first notification attempt -- failure to do so will result in forfeiture of the prize. Sponsor shall have no liability for any notification that is not received by the potential Winner for any reason. If the potential Winner does not respond to notification and accept the prize as required herein or if prize notification is returned as unclaimed or undeliverable, such potential Winner will be disqualified and forfeit prize. If the potential Winner is found to be ineligible, has not complied with these Official Rules or declines prize such potential Winner will be disqualified and forfeit prize. If the potential Winner is disqualified or forfeits prize, Sponsor may, but shall not be required to, select an alternate potential Winner from amongst all remaining eligible Entries.

5. PRIZE: The prize will be comprised of one (1) of each of the following items:  a bev by BLACK + DECKER™ Cocktail Maker (Model No. BEHB101) (approximate retail value $279.99), and a Bartesian™ 6-Pack Cocktail Mixer Capsule (approximate retail value $14.99). The prize is non-assignable and non-transferable and has no credit or cash value. Sponsor reserves the right, in its sole and absolute discretion, to substitute the prize (or any part of the prize) for one of equal or greater value, for any reason. The Winner should allow up to eight (8) weeks before the prize is shipped to them after they have been declared the official Winner by Sponsor. The prize will be mailed to the Winner’s USA street mailing address (cannot ship to a post office box) via regular ground mail. The prize approximate retail value represents Sponsor’s good faith determination, is final and binding and cannot be challenged or appealed. All income and other taxes (federal, state and local) on the prize are the sole responsibility of the Winner. The total approximate retail value of the prize is $294.98. The prize depicted on the Entry Site does not reflect the actual prize awarded including but not limited to the liquor shown is not included with the prize.

6. PUBLICITY RELEASE: Acceptance of the prize constitutes the Winner's permission for Sponsor and/or it’s designee(s) to use the Winner's name, photograph, video, image, likeness, voice, biographical information, statements, testimonial (in whole or part), prize information, Entry and address (city and state) (collectively, "Attributes") for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter devised, in perpetuity, without further compensation or authorization (except where prohibited by law) and the Winner releases Sponsor and/or it’s designee(s) from all claims arising out of the use of such Attributes.

7. ENTRY CONDITIONS AND RELEASES: By entering this GIVEAWAY, EACH ENTRANT AGREES for entrant and for entrant’s heirs, executors, administrators, representatives, insurers and assigns: (A) to release and hold harmless and indemnify the Giveaway Entities, Giveaway prize suppliers, Facebook, Inc., Instagram, Inc., the individuals and entities involved in fulfilling, administering, advertising or promoting this Giveaway and each of their respective past and present officers, directors, parent companies, subsidiaries, affiliates, employees, representatives, licensees and agents (collectively, “Released Parties”) from any and all claims, expenses, liabilities, personal injury, death, illness, property loss, litigation or damages of any kind to persons and/or property (including but not limited to invasion of privacy under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory, defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights) that may occur, directly or indirectly, whether caused by negligence or not, arising out of such entrant’s entry in Giveaway and/or such entrant’s acceptance, possession, use and/or misuse of the prize; and (B) to indemnify, defend and hold harmless Released Parties from and against any and all claims, expenses and/or liabilities arising out of or relating to such entrant’s entry in this Giveaway and/or entrant’s acceptance, use and/or misuse of prize. Released Parties are not responsible for, and each entrant hereby releases the Released Parties from, any claims arising from: (i) lost, late, illegible, mutilated, misdirected, damaged, corrupted, inaccessible, inaccurate or incomplete entries, entries not received by the time designated for the Entry Period; (ii) technical failures of any kind, including but not limited to the malfunctions or interruptions of any computer, equipment, cable, network, hardware or software, programming, or technical problems or traffic congestion on the Internet; (iii) unauthorized human intervention in the entry process or technical or human error which may occur in the administration of or processing of Entries in this Giveaway; (iv) any injury or damage to persons or property, including but not limited to entrant’s computer, hardware or software, including which may be caused, directly or indirectly, in whole or in part, from entrant’s entry in Giveaway; and (vi) theft, tampering, destruction, or unauthorized access to, or alteration of entries. Sponsor is not responsible for any electronic or typographical errors in the printing, advertisement or reproduction of these Official Rules, in any advertisement or promotional material related to this Giveaway (print or online) or in administration of this Giveaway including but not limited to depiction of the prize or announcement of the Winner.

8.  RELEASE OF CLAIMS (CALIFORNIA): Each entrant acknowledges that there is a possibility that, subsequent to their involvement with this Giveaway and adherence to these Official Rules they 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 them at that time may have materially affected their decision to enter this Giveaway. Such entrants acknowledge and agree that by reason of these Official Rules, and the release contained in the preceding subsections, they are 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. DISQUALIFICATION/FORCE MAJEURE: Sponsor reserves the right to modify, extend or terminate this Giveaway if it determines, in its sole discretion, that this Giveaway is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of this Giveaway as contemplated herein. If an insufficient number of eligible Entries are received and/or Sponsor is prevented from awarding the prize or continuing with this Giveaway as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic or pandemic of health or other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal, state or local government law, order, or regulation, pandemic or public health crisis (e.g. Coronavirus COVID-19), order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), Sponsor shall have the right to modify, extend or terminate this Giveaway. If this Giveaway is terminated before the designated end date, Sponsor will (if possible) select the potential Winner in a random drawing from all eligible, non-suspect Entries received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances.

10. DISPUTES: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Giveaway or the prize awarded shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Giveaway, but in no event attorneys' or legal fees; and (3) unless otherwise prohibited, 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 any and all rights to have damages multiplied or otherwise increased.  All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules shall be governed by, and construed in accordance with, the laws of the State of Maryland without giving effect to any choice of law or conflict of law rules (whether of State of Maryland or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Maryland.

11. OFFICIAL RULES/WINNER’S LIST: To obtain these Official Rules or the Winner’s list, send a self-addressed envelope to BLACK+DECKER Cheers to the Moment Giveaway, 701 E. Joppa Road, MS# TW230, Towson, MD 21286, Attn.: S. Miller. All requests must be received by Sponsor by September 30, 2022.

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