PLEASE READ THESE RULES (AS DEFINED BELOW) CAREFULLY BEFORE ENTERING THE CONTEST (AS DEFINED BELOW).
THESE RULES INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO THESE RULES (AS DEFINED BELOW), THE CONTEST (AS DEFINED BELOW), AN ENTRY (AS DEFINED BELOW) OR OTHERWISE WITH SPONSOR (AS DEFINED BELOW) TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT OR BEFORE A JURY. IF YOU WANT TO OPT-OUT OF THIS MANDATORY ARBITRATION AGREEMENT, THE “DISPUTES” PROVISION BELOW DESCRIBES THE PROCEDURES YOU MUST FOLLOW TO DO SO. THE “DISPUTES” PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION.
Eligibility: The contest is open to legal residents of the United States who are eighteen (18) years of age or older (or the age of majority, whichever is greater) and of legal age to form a binding contract. Employees of Sponsor, and their respective parent companies, subsidiaries, affiliates, advertising and promotional agencies (collectively, “Contest Entities”) and their immediate family members and or those living in the same household are prohibited from entering. Entrants are subject to all applicable federal, state and local laws and regulations. Void where prohibited by law.
Sponsor: This contest is sponsored by Robert Bosch Tool Corporation, a Delaware corporation with its principal place of business located at 1800 W. Central Road, Mount Prospect, IL 60056 (“Sponsor”) and is in no way sponsored, endorsed or administered by, or associated with, Instagram.
Agreement to Official Rules: By participating in this contest (the “Contest”), entrants agree to abide by these official rules (these “Rules”) as established by Sponsor. Sponsor reserves the right to qualify all entries and to reject any entries that do not meet the requirements for participation as established by Sponsor.
Entry Period: The Contest entry period begins on November 5th 2019 at 12:01 AM ET and ends on November 21st, 2019 at 11:59 PM ET (the “Entry Period”). Entries received before or after the Entry Period are void. Sponsor’s computer is the official time-keeping device for the Contest.
How to Enter: Create a video telling us why you need a new Power Platform and/or Cordless Power Tool. All videos must be truthful, honest and follow the Entry Guidelines below. To enter, during the Entry Period:
1. Visit instagram.com and either (a) log in to your Instagram account or (b) create a free Instagram account if you do not already have one (please note that you must agree to Instagram’s terms and conditions) and follow Sponsor’s account @BoschToolsNA; and
2. post your video to your Instagram account (as further described below) with the hashtag #TradeupContest prominently featured in the comments and tag @boschtoolsna in the comment.
Limit one Entry per person. If you submit more than one Entry, only your most recent Entry will be reviewed for eligibility and scoring. Anyone found to use multiple accounts to enter will be ineligible. Entrants must use their regular social media accounts and not create an additional account specifically for the purpose of entering the Contest. In Sponsor’s sole discretion, it may disqualify Entries posted to social media accounts made solely for the purpose of entering the contest. Incomplete Entries are invalid and not eligible to win. Use of computer programs and/or other automated devices to enter the Contest is prohibited. Normal internet access and device usage charges imposed by your ISP may apply.
Sponsor assumes no responsibility for computer system, hardware, software or program malfunctions or other errors, failures, delayed computer transactions or network connections that are human or technical in nature, or for damaged, lost, late, illegible or misdirected entries; technical, hardware, software, electronic or telephone failures of any kind; lost or unavailable network connections; fraudulent, incomplete, garbled or delayed computer transmissions whether caused by Sponsor, the users, or by any of the equipment or programming associated with or utilized in this Contest; or by any technical or human error that may occur in the processing of submissions or downloading that may limit, delay or prevent an entrant’s ability to participate in the Contest.
Sponsor reserves the right, in its sole discretion, to cancel or suspend this Contest and award the prizes from Entries received up to the time of termination or suspension should causes beyond Sponsor’s control, including unauthorized human intervention, which, in the sole opinion of Sponsor, corrupt, compromise or materially affect the administration, fairness, security or proper play of the Contest or proper submission of entries. Sponsor is not liable for any loss, injury or damage caused, whether directly or indirectly, in whole or in part, from downloading data or otherwise participating in this Contest.
Entry Guidelines: Your entry must be original and in English. Please do not include any personally identifiable information of yourself or any other individuals in the video or in the comments. If any tools are used in the video, the user must follow all product directions and industry safety practices, including, but not limited to wearing safety glasses, closed-toe shoes and any and all other appropriate attire. Please only use copyrighted material that you own. This means you probably can’t use popular music, unless you are also a rock star, in which case – rock on! Your video should be made for this Contest, so please do not use prior footage that has been previously published or used for any other commercial purpose.
This is very important — Entries must not depict acts, include speech or encourage behavior that is violent, dangerous, unsafe, illegal, defamatory, sexually explicit, pornographic, derogatory, obscene or objectionable as determined by Sponsor in its sole discretion.
Sponsor reserves the right to disqualify any non-conforming entries in its sole discretion.
Confirmation of Rights: By posting or submitting your Entry, you represent and warrant that your Entry does not infringe any intellectual property rights of any third party, violate the right of publicity of any individual or otherwise violate the rights of any third party.
Use of Entries: All Entries shall remain the property of the entrants, although entrants agree that by entering this Contest, they to grant to Sponsor a non-exclusive, worldwide, perpetual right (sublicensable through multiple tiers) to edit, modify, cut, rearrange, add to, delete from, publish, copy, exhibit, transmit, perform, broadcast or otherwise use the Entry by any means and in any media, whether now known or hereafter developed, for any and all purposes, without further review, notice, approval, consideration, or compensation. However, Sponsor has no obligation to use any Entries, whether from Winners or non-winning entrants. Entrants further agree that Sponsor may use their name, likeness, image, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
Scoring of Entries: Eligible Entries will be judged by a panel of judges consisting of personnel from Sponsor. The decisions of the panel are final and binding. Entry scores will be calculated as follows:
45% – Why you need a new battery platform or cordless power tool and/or why you are not satisfied with your current platform.
30% – Creativity/originality/uniqueness/humor
10% – Passion/enthusiasm
10% – Professional in the trade (e.g. general contractor, electrician, carpenter, mechanic, maintenance/repair, mechanical or HVAC)
5% – Demonstration of Bosch Brand values – Bosch enhances the quality of life by providing solutions that are both innovative and beneficial
In the first instance, ties will be broken based on the score for creativity/originality/uniqueness/humor. In the event of a further tie, the score for passion/enthusiasm will dictate. Finally, in the event of a further tie, the panel of judges will break the tie.
Selection and Notification of Winners: Between November 22nd 2019 and December 31st 2019 Sponsor will declare one thousand (1000) potential winners (each, a “Potential Winner”) based on the scoring of all eligible Entries. Potential Winners will be contacted via Instagram direct message with a prize notification. If a Potential Winner fails to return the required documentation within the stated timeframe (see below) or is found to be ineligible, that entrant will be disqualified and the non-winning Entry with the next highest score will be declared a Potential Winner. Attempts will be made to select up to five (5) alternate winners for each unfulfilled prize after which the prize will not be awarded.
Requirements of Winners: In order to be declared a Winner, all Potential Winners are required to: (1) provide name, address, phone number, email and proof of identity to Sponsor; (2) sign and return to Sponsor an affidavit of eligibility/liability and publicity release, wherever lawful. All required documents and information must be received by Sponsor within three (3) business days from the date the Potential Winner receives the prize notification. If any Potential Winner fails to return the required documentation and information to Sponsor, that Potential Winner will be disqualified, and the prize will thereafter be awarded to an alternate winner using the procedure specified above.
Prize: Each Winner will receive (a) one (1) Bosch CORE18V battery and charger (estimated retail value $119.00, and (b) their choice of one (1) of the following bare tools:
1. GDX18V-1800CN 18V EC Brushless Connected-Ready Freak 1/4 In. and 1/2 In. Two-In-One Bit/Socket Impact Driver (Bare Tool) (estimated retail value $199.00);
2. CCS180B 18V 6-1/2 In. Circular Saw (Bare Tool) (estimated retail value $119.00);
3. BSH180B 18V Compact Band Saw (Bare Tool) (estimated retail value $149.00);
4. CRS180B 18V 1-1/8 In. D-Handle Reciprocating Saw (Bare Tool) (estimated retail value $119.00);
5. PB360C Power Box Jobsite AM/FM Radio/Charger/Digital Media Stereo with Bluetooth® (estimated retail value $199.00);
6. GWS18V-45 18V 4-1/2 In. Angle Grinder (Bare Tool) (estimated retail value $119.00); or
7. GAS18V-3N 18 V 2.6-Gallon Wet/Dry Vacuum Cleaner with HEPA Filter (Bare Tool) (estimated retail value $129.00).
((a) and a Winner’s choice for (b), a “Prize”). The estimated retail value of each Prize are between $238.00 and $318. The total estimated retail value of all Prizes is between $238,000 and $318,000. Prizes are non-transferable and non-refundable, and no substitutions will be made except as provided herein, in the Sponsor’s sole discretion. Prizes are not redeemable for cash. Sponsor reserves the right to substitute a particular Prize for one of comparable or greater value. No individual may win more than one Prize. PRIZES ARE AWARDED AS IS AND WITHOUT CONDITION, WARRANTY, GUARANTEE OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) BEYOND THE CUSTOMARY WARRANTY PROVIDED WHEN THE PRIZE IS SOLD AT RETAIL.
All Winners are responsible for any and all applicable local, state, and/or federal taxes and fees.
Release and Publicity: You are participating in the Contest voluntarily. You assume all such risks and all related damages and losses, whether caused in whole or in part by any act or omission of Sponsor or its affiliates, or any of their officers, directors, employees, agents, partners and licensors (“Sponsor Parties”), even where such acts or omissions are negligent. You voluntarily release, waive, discharge and hold harmless the Sponsor Parties from any and all claims, demands or causes of action for property damage, bodily injury, wrongful death, loss of services, infringement of intellectual property rights, violation of any one’s right of publicity or other claims arising from or relating to your participation in the Contest and/or acceptance, possession and use of any prize.
YOU ACKNOWLEDGE AND AGREE THAT THE SPONSOR PARTIES SHALL NOT BE LIABLE FOR ANY LOST PROFITS OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM ANY TYPE OR MANNER OF COMMERCIAL, BUSINESS OR FINANCIAL LOSS, EVEN IF THE SPONSOR PARTIES HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE.
SPONSOR IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL OR OTHER ERROR IN THE PRINTING OF THE OFFER OR ADMINISTRATION OF THE CONTEST OR IN THE ANNOUNCEMENT OF ANY PRIZES. BY RECEIPT OF ANY PRIZE AND BY SIGNING AN AFFIDAVIT OF ELIGIBILITY AND LIABILITY/PUBLICITY RELEASE, IF REQUESTED, THE WINNER CONSENTS TO THE USE OF HIS OR HER NAME AND ADDRESS BY SPONSOR FOR ADVERTISING AND PROMOTIONAL PURPOSES, WITHOUT ANY ADDITIONAL COMPENSATION, EXCEPT WHERE PROHIBITED. NO ENTRIES WILL BE RETURNED.
Governing Law: These Terms and Conditions shall be governed by and construed and enforced in accordance with the United States Federal Arbitration Act, other applicable federal laws and the laws of the State of Illinois, without regard to conflict of laws principles.
DISPUTES: TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES, CONTROVERSIES, AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE RULES (INCLUDING THE INTERPRETATION OR ENFORCEABILITY OF THIS ARBITRATION PROVISION), THE CONTEST, AN ENTRY, OR OTHERWISE WITH SPONSOR, SHALL BE FINAL AND BINDING ARBITRATION. BY AGREEING TO THIS PROVISION, YOU EXPRESSLY WAIVE ANY RIGHT TO HAVE A JUDGE OR JURY HEAR AND DECIDE YOUR CLAIM; instead, your claim will be heard and decided by a neutral arbitrator.
Notwithstanding the foregoing, either you or Sponsor may seek injunctive relief in a court of competent jurisdiction without being deemed to have waived its right to arbitration.
The arbitration shall proceed before a single arbitrator appointed by the American Arbitration Association (“AAA”) and will be governed by the AAA Commercial Arbitration Rules and its supplementary procedures for consumer-related disputes (“Rules of the AAA”). You may learn more about the AAA and its rules for arbitration by visiting www.adr.org or by calling 800-778-7879.
The arbitration will be held at an AAA facility within 100 miles of your principal place of residence. If no such AAA facility exists, the arbitration will be held in Cook County, Illinois. The arbitration agreement shall be governed by the laws of the State of Illinois, without regard to its conflicts of law provisions. The arbitration award shall be by a written decision containing findings of fact and conclusions of law shall be final and binding and may be enforced by any court of competent jurisdiction. In no event shall the arbitrator be authorized to award costs and damages otherwise prohibited herein. Sponsor will be responsible for paying the costs of the arbitration, including the arbitrator’s fees. If you are the prevailing party in an arbitration to which the Supplementary Procedures for Consumer-Related Disputes applies, then you are entitled to recover attorneys’ fees as the arbitrator may determine. Except as may be required by law, neither you nor Sponsor nor an arbitrator may disclose the existence, content, or results of any arbitration under this Agreement without the prior written consent of you and Sponsor.
To the fullest extent permitted by applicable law, ANY DISPUTE, WHETHER IN ARBITRATION, IN COURT, OR OTHERWISE, WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. SPONSOR AND YOU AGREE THAT NO PARTY WILL HAVE THE RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED AS A CLASS ACTION, A PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. NO ARBITRATION OR PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER ARBITRATION OR PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ANY SUCH ARBITRATION OR PROCEEDING. In the event that this provision is deemed unenforceable, then any putative class action may only proceed in a court of competent jurisdiction and not in arbitration.
YOU HAVE A RIGHT TO OPT-OUT OF THIS ARBITRATION AGREEMENT. IF YOU DO NOT AGREE TO THIS MANDATORY ARBITRATION PROVISION, THEN WITHIN THIRTY (30) DAYS FROM THE DATE YOU SUBMIT YOUR ENTRY, YOU MAY OPT-OUT OF THIS PART OF THE AGREEMENT BY SENDING AN EMAIL TO BOSCHTOOLS.MARKETING@US.BOSCH.COM. Any opt-out received after the thirty (30) day time period will not be valid and you must pursue your claim via arbitration pursuant to these Terms. Opting out of this arbitration agreement will not impact your ability to enter the Contest, or the applicability of the other provisions of these Rules.
Severability: If any provision of these Rules is held to be invalid or unenforceable under applicable law, including, but not limited to, the arbitration agreement contained herein, then such provision shall be construed, limited, modified or, if necessary, severed to the extent necessary to eliminate its invalidity or unenforceability, without in any way affecting the remaining parts of these Rules.
Contest Results and Rules: To obtain the identity of the Winners and/or a copy of these Rules, send an email to Boschtools.email@example.com -or- send a self-addressed stamped envelope to Robert Bosch Tool Corporation, Attention: Brittany Buchanan, 1800 W. Central Road, Mount Prospect, IL 60056.