NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN.
A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. The WD-40® Brand "Now & Then" Sweepstakes (the "Sweepstakes") begins on Wednesday, June 16, 2010, at 12:00:00 a.m. and ends on Sunday, September 5, 2010, at 11:59:59 p.m. ("Sweepstakes Period"). All times are Pacific Daylight Time. The Sweepstakes consists of one (1) Grand Prize Drawing and twelve (12) Weekly Prize Drawings.
The Sweepstakes are open to legal residents of the fifty (50) United States and the District of Columbia ( "U.S.") eighteen (18) years of age or older or of the age of majority in his/her state of residence, whichever is older, at time of entry. Employees, directors and officers of WD-40 Company (the "Sponsor"), Geary Interactive, Nuffer Smith Tucker (the "Administrator"), their respective parent companies and subsidiaries, affiliates, distributors, divisions, or advertising and promotion agencies associated with the Sweepstakes or any other entity involved in the planning and execution of the Sweepstakes (collectively, the "Sweepstakes Parties") are not eligible to enter. Also not eligible are family members of (whether living in the same household or not), and those living in the same household as (whether related or not), Sweepstakes Parties ("family members" are defined as spouses and parents, grandparents, siblings, children and grandchildren and their spouses).
The Sweepstakes are void outside the fifty (50) United States and the District of Columbia and where prohibited, and are subject to all applicable federal, state, and local laws and regulations.
Participants may enter the Sweepstakes online only. Free internet access is available at many public libraries and schools and free e-mail accounts are available through a variety of providers. Participants may enter multiple times during the Sweepstakes Period, but each online posting must be unique in content. No mass-produced or automated entries allowed. Mass produced or automated entries will invalidate all entries from that participant. You must have a valid e-mail address and household street address or P.O. Box to enter.
To enter, you must be a member of the WD-40 Fan Club. Visit www.mywd40.com (the “Web Site”) and follow the on-screen prompts to join the Fan Club and update your Profile. You are entered just by updating your Profile. You can also get additional entries by participating in the “Now & Then” Group where you will be invited to join the group and take part in a number of online activities, including, but not limited to, commenting on various videos and photos, and generally participating in the group activities. You are entered just by joining the “Now & Then” Group. Each time you participate in an activity in the group is also counted as one (1) entry, provided each entry is unique in content - no special registration form is necessary for those entries. By joining the WD-40 Fan Club and updating your Profile, as well as joining the “Now & Then” Group during the Sweepstakes Period, each participant is indicating his/her acceptance of these Official Rules. All entries become property of the Sponsor and will not be acknowledged. Entries that are garbled, incomplete, or are generated by any automated means will be void.
In the event of a dispute regarding the identity of a participant, the entry will be deemed submitted by the authorized account holder of the e-mail address provided. An authorized account holder is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization that is responsible for assigning e-mail addresses for the domain name associated with the submitted e-mail address.
WINNER SELECTION AND OBLIGATIONS/ODDS OF WINNING:
There will be one Grand Prize Drawing and twelve (12) Weekly Prize Drawings. Random drawings will be conducted by the Administrator from all eligible entries timely received for each random drawing. Odds of winning a prize are determined by total number of eligible entries received for each random drawing.
Grand Prize Drawing:
The Grand Prize Drawing will be held on or about September 20, 2010 from among all eligible entries timely received by the end of the Sweepstakes Period.
Weekly Prize Drawings:
The twelve (12) Weekly Drawings will be held on or about the following dates from entries received by the dates indicated:
If there are no eligible entries from which to select a winner for any individual Weekly Drawing period, that Weekly Drawing's prize will be awarded during the next drawing for which there are eligible participants. Weekly prize winners will be notified and receive their prizes by regular mail.
Entries timely received for a Weekly Drawing and not selected will not be retained for subsequent weekly drawings. All Weekly Drawing entries will be retained and entered into the Grand Prize Drawing.
Winner Notification and Certain Obligations:
The individuals selected as the Grand Prize winner and the Weekly Prize winners ("Winners") will be notified by regular mail or express mail and will be required to complete and return within a time specified in the notification an Affidavit of Eligibility, a Liability Release and, except where prohibited, a Publicity Release ("Winner Documents"). Winners will also be required to provide a photograph of themselves for possible posting on one or more of the Sponsor's web sites. Failure to timely return the completed and executed Winner Documents or the return of any prize notification as undeliverable or the inability of Administrator to verify the Winner Documents may cause the applicable prize to be forfeited and an alternate Winner to be selected.
Grand Prize: One (1) Grand Prize of $2,500 will be awarded. The Grand Prize will be awarded in the form of a Visa Gift Card and will be subject to the card's and the card issuer's terms and conditions and any activation conditions (including service fees, replacement fees, and expiration date).
(480) Weekly Prizes (40 Prizes per Weekly Random Drawing): Each weekly prize winner will receive one (1) of the following: (a) 1950s-style WD-40 Collector's Can Wall Clock. Maximum Approximate Retail Value (ARV) of $22.00; or (b) WD-40 Smart Straw Can Wall Clock. Maximum Approximate Retail Value (ARV) of $22.00; or (c) WD-40 Baseball Cap. Maximum Approximate Retail Value (ARV) of $12.00; or (d) WD-40 "Now & Then" Twin Pack. Maximum Approximate Retail Value (ARV) of $8.00; or (e) WD-40 Stainless Steel Travel Mug. Maximum Approximate Retail Value (ARV) of $6.00; or (f) WD-40 No-Mess Pen. Approximate Retail Value (ARV) of $1.50; or (g) WD-40 Car Air Freshener (Fresh Scent). Approximate Retail Value (ARV) of $1.50; or (h) WD-40 Brand Logo Sticker. Approximate Retail Value (ARV) of $0.75.
Total Approximate Retail Value (ARV) of all Prizes: $4,927.00.
Participants are eligible for only one (1) weekly prize per person, per week. No more than the prizes stated will be awarded.
ADDITIONAL PRIZE INFORMATION/TAXES:
Prizes are not transferable or assignable and may not be substituted or redeemed for cash, except at the Sponsor's sole discretion. Sponsor reserves the right to substitute a stated prize or portion thereof with another prize or portion thereof of comparable or greater value for any reason. Prize winners are responsible for any and all federal, state and local taxes on prize value and expenses not specified relating to acceptance and use of a prize. As applicable and as required by law, Grand Prize winner will be issued an IRS form 1099.
PUBLICITY AND ADVERTISING RIGHTS:
Except where prohibited by law, by accepting a prize, each winner grants the Sweepstakes Parties the perpetual and irrevocable right and license to use his/her name, voice, photograph, visual and audio likeness, oral and written statements, biographical information, address and any information or material contained in his/her entry, including contributions made to the "Now & Then" Group (collectively, "Personal-Related Materials") on a worldwide basis, in any manner and in all venues and forms of media, in perpetuity, without further compensation, review or approval, including, without limitation, in and in connection with the Sweepstakes and the Sponsor's products. In addition, by entering, each winner (including Weekly Prize and the Grand Prize Winners), except where prohibited by law, consents to being photographed, filmed, taped and/or interviewed about the Sweepstakes, without additional compensation, review or approval and to the use thereof by Sponsor of any of the results thereof in any manner and in any and all media now known or hereafter devised and hereby releases the Sweepstakes Parties from all liability related thereto.
REPRESENTATIONS, WARRANTIES, DISCLAIMERS, RELEASES & INDEMNITY:
By entering, each participant: (a) agrees to these Official Rules and the decisions of the Sponsor and the Administrator which shall be final and binding in all respects; (b) except where prohibited, agrees on his/her behalf and his/her agents, assignees, executors and successors to indemnify, defend, hold harmless and fully release and forever discharge each of the Sweepstakes Parties from and against any and all liabilities, costs, claims, alleged claims, demands, duties, rights, agreements, promises, damages, injuries, losses, expenses, liens and debt actions of any kind, including, without limitation, attorneys' fees, whether now known or unknown, unforeseen or foreseen, arising out of or in any way connected with, directly or indirectly, participation in the Sweepstakes, including, without limitation, personal injury or death, loss of enjoyment, or other harm or loss of any nature whatsoever caused or contributed to by or arising out of participation and/or entry in the Sweepstakes, or resulting from acceptance, possession, quality, use or misuse of any prize, or any portion thereof; (c) agrees that Sweepstakes parties have made no representation, guaranty or warranty of any kind related to any prize except for any express warranty by Sponsor for any of its products received in redemption of the Weekly Prizes; and (d) agrees that if any of these Official Rules are determined to be invalid or unenforceable, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or unenforceable provision were not contained herein.
Each participant agrees that the Sweepstakes Parties are not responsible for any errors, typographical errors or misprints in these Official Rules or any materials, including, but not limited to, the advertising, promotion or offer of the Sweepstakes or any lost, late or misdirected mail or email, regardless of the reason thereof. If the Sweepstakes or, as applicable, the fulfillment of any prize or of a prize element becomes compromised, hampered, interrupted, not capable of running or being fulfilled as planned, rendered impossible of performance in any way or prevented, including, without limitation, because of any kind of human error, computer viruses, bugs, electronic, hardware, software, Internet, network, technical or telephone or mobile telephone failures, tampering, unauthorized intervention, fraud, an event of force majeure or any other cause whether created by the Sweepstakes Parties or any other entity, the user or by any of the equipment or programming associated with or utilized in the Sweepstakes, the Sponsor reserves the right, at its sole discretion, to cancel, modify, suspend or withdraw the Sweepstakes, and select the winners from among all eligible entries legitimately received for the Sweepstakes prior to the event or events causing such action; and notice thereof will be posted at the Web Site.
The Sweepstakes Parties are not responsible and/or liable for any of the following, whether caused by the Sweepstakes Parties, the participant or by human or other error: any lost, late, incomplete, illegible, mutilated or misdirected entries, e-mail or mail or postage-due mail; any error, omission, interruption, defect or delay in transmission or communication; viruses or technical or mechanical malfunctions; interrupted or unavailable cable or satellite systems; failures of electronic equipment, computer hardware or software; lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications or entry information.
Any person who supplies false information, submits entries by fraudulent means or is otherwise determined to be in violation of these Official Rules in an attempt to obtain any prize will forfeit any prize won and may be prosecuted to the full extent of the law. CAUTION: ANY ATTEMPT TO DAMAGE ANY SERVICE OR WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY VIOLATE CRIMINAL OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR AND/OR ADMINISTRATOR MAY, AT THEIR SOLE AND REASONABLE DISCRETION, DISQUALIFY ANY PARTICIPANTS MAKING SUCH ATTEMPT AND SPONSOR AND/OR ADMINISTRATOR MAY SEEK DAMAGES (INCLUDING ATTORNEYS' FEES) TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.
A Sweepstakes Party's failure to enforce any provision in these Official Rules will not constitute a waiver of that or any other provision.
Except where prohibited, as a condition of participating in this Sweepstakes, each participant agrees that any and all disputes that cannot be resolved between the participant and any Sweepstakes Party, claims and causes of action arising out of or connected with this Sweepstakes or a prize awarded or the determination of a winner shall be resolved individually, without resort to any form of class action. Further, in any such dispute, under no circumstances will an participant be permitted to obtain awards for, and hereby waives all rights to claim, punitive, incidental or consequential damages or any other damages, including attorneys' fees, other than participant's actual out-of-pocket expenses (if any), not to exceed two hundred fifty dollars ($250), and participant further waives all rights to have damages multiplied or increased.
The Sweepstakes and these Official Rules, and all suits and special proceedings related thereto, shall be interpreted in accordance with the laws of the State of California. In any action, special proceeding, or other proceeding that may be brought arising out of, under, or because of the Sweepstakes and these Official Rules, the laws of the State of California shall be applicable and shall govern to the exclusion of the law of any other forum, without regard to the jurisdiction in which the action or special proceeding may be instituted. All actions or proceedings arising in connection with the Sweepstakes and these Official Rules shall be tried and litigated exclusively in the state or federal courts located in the County of San Diego. This choice of venue is intended to be mandatory and not permissive in nature, and to preclude the possibility of litigation with respect to, or arising out of, the Sweepstakes and these Official Rules in any jurisdiction other than the County of San Diego. Each participant waives any right he or she may have to assert the doctrine of forum non conveniens or similar doctrine or to object to the venue with respect to any proceeding brought in accordance with this section.
OFFICIAL RULES AND WINNERS LIST:
For a copy of the official rules, print these rules from our web site, or for a copy of the rules, or a list of prize winners, send a stamped, self-addressed #10 envelope to: WD-40® Brand "Now & Then" Sweepstakes; "Winners List" or "Official Rules", c/o Nuffer Smith Tucker, 707 Broadway, San Diego, CA 92101. Requests must be postmarked by November 15, 2010 and received by November 30, 2010. The first name, last initial, city and state of winners from each weekly drawing may be posted to a Sponsor web site or sites each week when feasible and practical.
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Administrator: Nuffer Smith Tucker, 707 Broadway, San Diego, CA 92101
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