CONTEST RULES
VOID WHERE PROHIBITED OR RESTRICTED BY LAW. NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. Contest is open only to legal residents of the 50 United States and Canada (VOID IN QUEBEC and where prohibited). Entrant(s) (i.e., nominators) ("Entrant") and Nominee(s) ("Nominee") must physically reside in one of the 50 United States or Canada (excluding Quebec), be a user or supplier of industrial tools, and be 21 years of age or older as of 02/01/08 to participate. Contest begins on or about 12:01 a.m. ET on 02/01/08 and ends at 11:59 p.m. ET on 4/30/09. The Contest will begin with a "Nomination Submission Period", which begins on 02/01/08 and ends at 11:59 p.m. ET on 11/30/08. Contest is sponsored by LENOX, an operating division of Irwin Industrial Tool Company ("The Sponsor").
ELIGIBILITY: Employees of "The Sponsor", their respective advertising and promotion agencies, their parent, subsidiary and joint venture companies, or any other entity involved in the development or administration of this Contest ("Released Parties"), as well as members of their immediate families and same households (including children, spouses and siblings and/or others living in the same households as such persons, whether related or not), are not eligible to participate (as Entrant or Nominee). By participating, Entrants and Nominees agree to be bound by these Official Rules and the decisions of the Official Judges and Sponsor, which are binding and final in all respects.
HOW TO ENTER: 1) During the "Nomination Submission Period", go to www.lenoxhero.com and click on the "LENOX Extra Mile Heroes Contest" icon to register as an Entrant (with your complete contact information) and complete the Official "Nomination Submission". In the space provided (limit of 250 words or less), enter your "Nomination Submission", which consists of contact information for your Hero Nomination (i.e., Nominee) along with your original 250-word (or less) essay explaining why you believe your Nominee should be selected as the "LENOX Extra Mile Hero." Your 250 word or less essay should include the following supporting information: a) How the Nominee has demonstrated the spirit of going "the extra mile", b) How the Nominee successfully performed an act that was of service to an individual or group other than themselves; c) and lastly how his/her actions represent exemplary quality and integrity among users and suppliers of industrial tools. Once you have completed your Nomination Submission, please submit as directed; OR, 2) On an Official Nomination Submission Form available at participating LENOX Distributors, provide all information requested, including a 250 word or less essay explaining why you believe your Nominee should be selected as the "LENOX Extra Mile Hero." Mail your submission to LENOX Extra Mile Heroes Contest Entries, PO Box 3904, St. Cloud, MN 56397-3904 for receipt by 12/15/08. The Hero Nominee can be yourself or someone you know personally. UNLESS NOMINATOR IS ALSO THE NOMINEE, NOMINATOR WILL NOT BE ELIGIBLE TO WIN PRIZE(S). IF NOMINEE IS A THIRD PARTY, YOU MUST PROVIDE THESE OFFICIAL RULES TO NOMINEE AND OBTAIN NOMINEE'S PERMISSION IN WRITING BEFORE SUBMITTING NOMINATION SUBMISSION FOR HIM/HER. Each Submission may only include one Nominee.
Limit one (1) submission per entrant. The same person may be nominated by more than one Entrant. Submissions generated by script, macro or other automated means are void. All submissions become the property of Sponsor and will not be acknowledged or returned. No joint/group submissions will be accepted. Essay must be included as text on the online form; separate emails/email attachments will NOT be accepted. Entries may only be submitted via the above listed methods no others will be accepted.
TERMS OF SUBMISSION: By entering, you represent and warrant that your "Nomination Submission" is based on your first-hand knowledge of Nominee (if not yourself), is in all respects true and correct (to the best of your knowledge and belief), is solely your original work and you have the permission of any and all third parties to reference them (and/or their property) within your Nomination Submission (including but not limited to the Nominee, if applicable). Sponsor may require proof of such third party permission as a condition of selecting Entrant's Nominee as a finalist and the failure to furnish such proof upon Sponsor's request may result in disqualification of Entrant's Nominee. By submitting, you also agree that you and Nominee are each 21 years of age or older as of 02/01/08. Any Nomination Submission containing material that is illegal, racially or morally inappropriate or unfit for publication, as determined by Sponsor and/or the Official judges, in their sole discretion, may be disqualified. Any Nomination Submission, which promotes a business entity, charity, political, religious or other cause, as determined by Sponsor and/or the Official judges in their sole discretion, may also result in disqualification of Entrant's Nominee. In all cases, Nominee will not be disqualified due to nonconformance of Entrant's Nomination Submission if Nominee was also nominated by another Entrant whose Nomination Submission fully complied with these Official Rules. Submissions must comply with all laws, guidelines, and regulations including, but not limited to, those concerning copyright, plagiarism, trademark, defamation and invasion of privacy. Submission must NOT have been previously published or submitted to another competition or contest (in whole or in part).
By entering, you agree that: i) all Submissions become Sponsor's property and will not be returned, and (ii) Entrant grants to Sponsor the right to alter and/or edit the materials. Sponsor has the right to use any and all Submissions for future advertising, publicity in any medium now known or hereafter devised. By entering your Submission, you acknowledge that you have read and understood these Official Rules, which incorporates the Privacy Policy and Terms of Service found at www.lenoxhero.com, and you accept all of the policies referenced herein and agree to abide by its terms and conditions, and all applicable guidelines and regulations. Additionally, you agree that you have all rights, approvals and/or consents necessary to submit the Submission on the terms provided in these Official Rules and your Submission does not violate the rights of any other person (including but not limited to the Nominee, if applicable), entity or any law. If you submit a Nomination Submission to us, by entering, you grant Sponsor, its designees and its affiliates a worldwide, royalty-free, perpetual, unrestricted, irrevocable and fully sub licensable right and license to consider, disclose, use, re-use, reproduce, modify or enhance, change, publish, translate, create derivative works from, distribute, re-distribute, publicly perform and/or display your Submission (in whole or in part), in any form, format, media or technology now known or later developed. YOU WILL NOT BE PAID/COMPENSATED FOR YOUR SUBMISSION or for granting Sponsor any of these rights. Sponsor or its affiliates are in no way obligated to use your Nomination Submission (and have no obligation to you or any other person or entity after your Submission is received), and you may not be given any credit if your Submission is used. We may elect to post any, all, or none of your Nomination Submission on our site. Additionally, while Sponsor will seek to post your Nomination Submission in the form as provided at the time of entry, Entrants agree that due to technical limitations, submission may be altered from its original form.
SELECTION OF FINALISTS: During the Initial Judging Period, from 02/01/08 and through 11/30/08 each eligible Nominee will be reviewed by an independent panel of judges determined by Sponsor, and will be judged based on the following criteria: (a) Heroic value of the action (50%), (b) Positive impact made by the Nominee (30%) and (c) Professionalism demonstrated (20%). The judging will occur on a rolling basis (as Nomination Submissions are received) and will take place at Fulfillment Systems, Inc in St. Cloud, MN. If more than one Submission is for the same Nominee, all such Submissions regarding that Nominee will be considered. Ten (10) top Nominees will be chosen as finalists by the Official Judges. In the event of a tie, the finalist(s) will be selected based on which Nominee(s) (among the tied Nominees) has the highest/higher score in the "Heroic value of action" criterion. Those chosen as finalists will be notified by mail on or about January 7, 2009. All finalists will be required to complete, execute and return an Affidavit of Eligibility, Liability Release, Grant of Rights/Publicity Release (where lawful) within an indicated time period. Failure of finalist to comply with such requirement will result in disqualification and prize forfeiture (without compensation of any kind) and the next top-scoring Nominee will be selected and notified.
Sponsor may, in their sole discretion, conduct a background check on Nominees initially selected as finalists, including, but not limited to, civil, financial, employment, driver-history, any criminal convictions and lawsuits – either settled or still pending – and any other factor deemed relevant by Sponsor in its sole discretion to verify Nominee's eligibility and that selecting Nominee as a finalist and all promotional activities in conjunction therewith will not, in Sponsor's sole discretion, bring Sponsor into public disrepute, contempt, scandal or ridicule or reflect unfavorably on Sponsor. Finalists agree to cooperate with Sponsor in order to conduct background check if requested, with the understanding that based on the results of the background check Sponsor may refuse and decline to name Nominee as a finalist without liability of any kind to finalist or any other party.
SELECTION OF NOMINEE FINALISTS: There will be Ten (10) Nominee finalists who will each receive the following Nominee Finalist Prize: A check for $3,100 awarded to the finalist and additionally a check for $3,100 to be donated to the not-for-profit charity of finalist's choice (subject to Sponsor approval). Each finalist will also receive a trip for finalist and (1) one guest to the NASCAR Sprint Cup Series at New Hampshire Motor Speedway LENOX Industrial Tools 301 Race, scheduled for June 28, 2009 in Loudon, NH. Trip is for 4 days/3 nights and includes roundtrip coach air travel from major commercial airport nearest winner's residence to Loudon, NH, ground transportation between airport and hotel, admission to race for two persons, and standard double occupancy hotel accommodations. Approximate Retail Value of each Finalist prize is: $6,900. Finalist will not be entitled to a tax deduction or any like benefit in conjunction with charitable donation. Finalists must be able to attend Race (as currently scheduled), 6/26/09 - 6/29/09, or trip portion of prize will be forfeited, finalists will not be entitled to substitution if they are unable to accept this portion of the Finalist prize. Any unspecified expenses/costs associated with Finalist Prize or Grand Prize (see below) are the sole responsibility of Finalist. Trip is subject to availability and other restrictions (including final posted schedule for 2009 NASCAR season). Guests of finalists must complete, execute and return a Liability Release and a Publicity Release (where lawful), prior to issuance of travel documents. If guest is a minor in his/her jurisdiction of residence, minor's Release must be completed/signed/returned by such minor's parent/legal guardian and such minor may only accompany his/her parent or legal guardian (i.e., the Finalist) on the prize trip. Finalist and guest must travel on same itinerary as set by Sponsor in its sole discretion. Finalists are solely responsible for all applicable taxes on prize(s) won. No prize transfer; no prize substitution except by Sponsor at its soled discretion if advertised prize/prize component is unavailable for any reason and only then for a prize/prize component of equal value.
Canadian Winners: In Canada, in order to be eligible to win, the selected finalist(s) must also correctly answer, unaided, a time limited, mathematical, skill-testing question which will be administered over the telephone.
PUBLIC VOTING: During the period beginning on or about 12:01 a.m. ET on 02/01/09 and ending at 11:59 p.m. ET on 4/30/09 the Nomination Submissions for the Ten (10) Nominee finalists will be posted online at www.lenoxhero.com. During the Public Voting Period consumers may come online, review the Nomination Submissions for the Finalists and vote for their favorite Nominee. Persons must be 21 years of age or older to vote. Limit of one vote per person during the entire Public Voting Period. The Finalist (of the ten Finalists) who receives the most votes during the Public Voting Period (as determined by Sponsor/Official Judges in their sole discretion) will also win the Grand Prize. The [One (1)] Grand Prize winner will receive a $31,000 cash prize, to be awarded in the form of a check. The Sponsor will also donate $31,000 to the charity of Grand Prize winner's choice (subject to Sponsor approval). Counting the Finalist Prize, the Grand Prize winner will receive a total of $34,100 in cash prizes, with $34,100 in total being awarded to the charity of his/her choice. If Jeff Burton (or other replacement driver in the Richard Childress Racing #31 Chevy) officially wins (as determined by NASCAR) the NASCAR Sprint Cup Series at New Hampshire Motor Speedway LENOX Industrial Tools 301 Race scheduled for 6/28/09, the Grand Prize Winner will receive a $500,000 cash prize to be awarded in the form of a check instead of the originally stated cash prize portion of Grand prize (i.e., $31,000); and the charitable donation (subject to Sponsor approval) will be a matching $500,000 (not $31,000). In such event, counting the Finalist Prize, Grand Prize winner will instead receive a total of $503,100 in cash prizes, with $503,100 being awarded to the charity of his/her choice.
Total value of all Prizes (if Jeff Burton/replacement driver does not officially win NASCAR Sprint Cup Series at New Hampshire Motor Speedway LENOX Industrial Tools 301 Race): $162,000.
Total value of all Prizes (if Jeff Burton/replacement driver officially wins NASCAR Sprint Cup Series at New Hampshire Motor Speedway LENOX Industrial Tools 301 Race): $1,100,000.
{ALL PRIZE VALUES EXPRESSED IN US CURRENCY} PRIVACY NOTICE: Sponsor collects personal data when you participate in this Contest. Participating in the Contest (as an Entrant or Nominee) constitutes your permission for the Sponsor and its affiliates to maintain the data in the U.S. The data is collected to maintain a record of those who have participated in the Contest (as an Entrant or Nominee), to contact potential winners, and, in the case of U.S. residents only, for marketing purposes. GENERAL RULES: Sponsor and its agencies are not responsible for postage due mail, lost, late, incomplete, inaccurate, incomplete, incorrect, misrouted, undelivered, garbled, illegible or lost Nomination Submissions, interrupted or unavailable network, server, Internet Service Provider (ISP), website or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines or technical failures or difficulties, or other errors of any kind whether human, mechanical, electronic, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors which may occur in connection with the administration of the Contest, the processing of submissions, the announcement of finalists and/or the Grand Prize winner. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Released Parties are not responsible for injury or damage to participants' or to any other person's computer related to or resulting from participating in the Contest or use of the web site. Persons who tamper with or abuse any aspect of the Contest (including but not limited to providing any false, deceptive, misleading or incorrect information about a Nominee, proceeding without the written permission of a third party Nominee, or manipulating the voting in the "Public Voting" phase of the Contest) or website (or attempt to do so), as solely determined by Sponsor, will be disqualified. CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT OF THE LAW (AND TO DISQUALIFY SUCH PERSON FROM THE CONTEST, IF APPLICABLE).
Should the Contest be, in Sponsor's sole discretion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole discretion of the Sponsor, corrupt or impair the administration, security, fairness or proper participation in the Contest, and/or the submission/receipt of Nomination Submissions, Sponsor reserves the right at their sole discretion to cancel, terminate, modify or suspend the Contest. In such event, Sponsor will select Finalists and/or the Grand Prize winner in a manner which is fair, equitable and in accordance with the spirit of these Official Rules, as determined by Sponsor in its sole discretion. Notice of such action by Sponsor will be posted on www.lenoxhero.com. By participating, Entrants and Nominees agree that Released Parties and their respective parents, affiliates, subsidiaries, advertising and promotion agencies, and website providers/web masters, and all of their respective officers, directors, employees, representatives and agents will have no liability whatsoever for, and shall be held harmless against, any liability, for any injuries, losses or damages of any kind, including death, to persons or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of prize or participation in this Contest. Each finalist, by acceptance of prize, except where legally prohibited, grants permission to the Sponsor and their designees to use his/her name, address (city and state), photograph, voice, and/or other likeness for advertising, trade and promotional purposes without further compensation, in all media now known or hereafter discovered, worldwide, and on the Internet and world wide web, in perpetuity, without notice or review or approval. In the event of a dispute regarding entries received from multiple users having used the same e-mail account, the authorized subscriber of the e-mail account at the time of entry will be deemed to be the Entrant and must comply with these guidelines. Authorized account subscriber is the natural person who is assigned the e-mail address by the Internet Service Provider (ISP), on-line service provider or other organization responsible for assigning e-mail addresses.
Dispute Resolution/Choice of Law Except where prohibited, Entrants and Nominees agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Program shall be resolved individually, without resort to any form of class action, and exclusively by an action in state or federal court located in the appropriate courts in the Commonwealth of Massachusetts (U.S.) and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Program but in no event attorneys' fees; and (c) under no circumstances will Entrant or Nominee be permitted to obtain awards for and Entrant and Nominee hereby waive all rights to claim 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, or the rights and obligations of Entrant or Nominee in connection with this Contest, shall be governed by, and construed in accordance with, the laws of the appropriate courts in the Commonwealth of Massachusetts (U.S.), without regard for conflicts of law doctrine of any jurisdiction.
WINNERS LISTS: For a winners list, mail a self-addressed, stamped envelope to: LENOX Extra Mile Heroes Contest Winners List, PO Box 3904, St. Cloud, MN 56397-3904, to be received by 05/31/09. Canadian residents may omit return postage.
RULES REQUESTS: For a copy of these Official Rules, send a self-addressed, stamped envelope by 11/30/08 to: LENOX Extra Mile Heroes Contest Official Rules, P.O. Box 3904, St. Cloud, MN 56397-3904. Canadian residents may omit return postage.
SPONSOR: LENOX, an operating division of Irwin Industrial Tool Company, 301 Chestnut Street, East Longmeadow, MA, 01028.