December 2016 ETC Marketing Research Sweepstakes Rules
EMERSON TOOL COMPANY MARKETING RESEARCH SWEEPSTAKES
OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS SWEEPSTAKES IS VOID IN PUERTO RICO AND WHERE PROHIBITED BY LAW. The Emerson Tool Company Marketing Research Sweepstakes (the “Sweepstakes”) begins on or about December 10, 2016 and ends on December 31, 2016, 11:59:59 pm CT (“Entry Period”). Sponsor’s computer will be the official clock for this Sweepstakes.
1.     Sponsor. The Sponsor of this Sweepstakes is Emerson Tool Company, a division of Emerson Electric Co., 8100 West Florissant Ave. Bldg T, P.O. Box 36902, St. Louis, MO 63136 (the “Sponsor”).
2.     Eligibility. The Sweepstakes is open to legal residents of the United States  who (i) are 18 years of age or older as of the date of entry, (ii) have reached the age of majority in their state of residence, and (iii) receive an email invitation from the Emerson Tool Company Marketing Research Team to complete a survey (“Eligibility Email”). Individuals in any of the following categories are not eligible to enter or win: (a) directors, officers, employees or agents of the Sponsor or its affiliates, parents, subsidiaries, advertising and promotional agencies, and those entities associated with the development, distribution or implementation of this Sweepstakes and (b) individuals who are immediate family members (spouse, siblings, children and parents, regardless of where they live) of or who reside in the same household (whether related or not) as any individual described above in subsection (a).
3.     How to Enter. During the Entry Period, an eligible person may enter as follows, with a limit of one entry per person, regardless of the entry method:
·         Taking the Survey: To enter by taking a survey, an eligible person must visit the survey link provided in the Eligibility Email (the “Survey”), fully and accurately complete the Survey, and enter his or her requested contact information to fill out the entry form at the end of the survey. Each potential entrant must provide all information requested and answer all questions. To be considered a qualifying entry for this Sweepstakes, a potential entrant must complete the survey during the Sweepstakes Period. Sponsor estimates that the time to complete the Survey will be approximately 15 minutes.
·         NO PURCHASE NECESSARY – How to Enter the Sweepstakes by Mail Having Received the Eligibility Email: To enter without taking a survey, on a plain 3” x 5” piece of paper, hand print your name, e-mail address, address, phone number and date of birth. Mail your entry card and a copy of the received Eligibility Email in an envelope no larger than #10 (business-size envelope), with sufficient postage affixed, to: Emerson Tool Company, Attn: December 2016 Marketing Research Sweepstakes Entry, 8100 West Florissant Ave. Bldg T, P.O Box 36902 St. Louis, MO 63136. Limit one mailed entry per outer-mailing envelope. All mail-in entries must be postmarked on or after December 10, 2016 and on or before December 31, 2016. Mail-in entries that are not received by January 10, 2017 will be considered late and will not be accepted.
All entries will become the property of Sponsor and will not be acknowledged or returned, and no correspondence will be entered into regarding the status of any entry. Entries that do not comply with these Official Rules of the Sweepstakes will result in disqualification. Incomplete or illegible entries will not be considered. Entries will be void if electronically or mechanically reproduced, forged, defective, altered or obtained through unauthorized channels or if they contain production, typographical, electronic, mechanical or other errors. Sponsor reserves the right in its sole discretion to disqualify any entry at any time which, in Sponsor’s opinion, is offensive, contains unsuitable material, endangers the safety or wellbeing of any entrant, or if it is determined the entrant has not complied with these Official Rules. Limit one entry per household, regardless of method of entry. Entries in excess of limit are void.
4.     Random Drawing. On or about January 15, 2017, a single potential winner will be selected by random drawing from all eligible entries received, and such entrant will win the Prize described below in Section 6, subject to the terms of these Official Rules. Decisions of the Sponsor will be final and binding on all matters relating to this Sweepstakes. The Prize is not transferable. No substitution or cash redemption of the Prize, or any portion thereof, is allowed, except at the sole discretion of the Sponsor.
5.     Odds. The odds of winning are estimated as 1/200. The actual odds of winning a Prize depend upon the total number of entries received.
6.     Prize. One (1) winner will receive a five hundred dollar ($500) Visa gift card (the “Prize”), unless the winner fails to comply with these Official Rules. The approximate retail value of the Prize is $500. Terms and conditions of Visa card may apply; see card for full details.  This Sweepstakes is not affiliated with Visa.  If a Prize or any portion thereof cannot be awarded for any reason, Sponsor reserves the right to substitute such Prize, or portion thereof, with another prize of equal or greater value. The Prize will be mailed to the potential winner at the address provided on entry after verification of the potential winner’s eligibility and the potential winner returning all required documents, as specified in these Official Rules.
7.     Claiming the Prize. The potential winner will be notified by e-mail, or telephone if no e-mail address is provided on entry, within 72 hours of the drawing. If the potential winner cannot be reached, does not respond within five working days of the first notification attempt, is found to be ineligible, or declines to accept the Prize, the potential winner may be disqualified in Sponsor’s sole discretion, the Prize will be forfeited and in such case Sponsor may select an alternate winner in a random drawing from the remaining eligible entries. The potential winner may be required to complete, sign, and return to Sponsor a Release and Affidavit of Eligibility and/or a Publicity Release each within 14 days of receipt of such documents from Sponsor. If such documents are not returned to Sponsor prior to such deadline, the Prize may be forfeited in Sponsor’s sole discretion, such potential winner may be disqualified, and an alternate winner may be selected by Sponsor in a random drawing from the remaining eligible entries. In the event that more than one prospective winner is inadvertently named, a random drawing may be held among all such potential winners to select one winner. Except where prohibited by law and notwithstanding anything to the contrary in the Sponsor’s Privacy Policy, the winner also grants Sponsor the right to use the winner’s submission, first name, hometown, images and likenesses for advertising, publicity and promotion purposes, including print, broadcast and on-line announcements, without further compensation and at no expense to the winner.
8.     Privacy Policy.  Except as set forth in these Official Rules, the personal information that an entrant submits will be subject to the Sponsor’s Privacy Policy. For a copy of the Sponsor’s Privacy Policy please go to http://www.emerson.com/en-us/privacy-notice or send a written request with a self-addressed, stamped envelope to: Emerson Tool Company, Attn:  December 2016 Marketing Research Sweepstakes Entry 8100 West Florissant Ave. Bldg. T, P.O. Box 36902 St. Louis, MO 63136.  
9.     Taxes. The winner is responsible for all applicable local, state, provincial and/or federal taxes. When required by law, Sponsor will report the names of the winner and the value of the Prize won by the winner to the appropriate taxing authority. If requested by Sponsor, the potential winner will be required to complete, sign and return to Sponsor an IRS Form W-9, or other applicable tax form, prior to receiving the Prize. Failure to complete, sign and return a W-9, or such other appropriate tax form, will result in the winner being disqualified, and in such case Sponsor may select an alternate winner in a random drawing from remaining eligible entries.
10.   Additional Conditions. In the event of non-compliance with these Official Rules, the winner will forfeit any Prize won and an alternative winner may be selected. Each entrant agrees to, accepts and shall abide by these Official Rules of this Sweepstakes and agrees that any dispute with regard to the conduct of this Sweepstakes, rule interpretation or award of the Prize, shall be resolved by Sponsor, in its sole discretion. Sponsor is not responsible for any typographical or other errors in the printing of these Official Rules, administration of this Sweepstakes or in the announcement of any winner(s) or Prize(s). Sponsor will not be responsible for lost, stolen, misdirected, postage due or misplaced entries. Use of any automated entry software is prohibited. Mechanically reproduced or faxed entries are void. Entry materials that have been tampered with or altered are void. If for any reason Sponsor is unable to run this Sweepstakes as planned, or if any computer or web site associated with this Sweepstakes does not allow the proper playing of the Sweepstakes and the processing of entries per these rules, or if infection by computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes, in Sponsor’s sole opinion, corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, Sponsor reserves the right, at its sole discretion, to disqualify any entrant implicated in such action, and/or to cancel, modify or suspend this Sweepstakes or any portion thereof. In the event this Sweepstakes is cancelled, Sponsor reserves the right to conduct a random drawing to award the Prize from among all eligible, non-suspect, entries received for the drawing prior to the time of the action or event warranting such cancellation. This Sweepstakes is subject to all federal, state, provincial and local laws and regulations. Caution: Any attempt to deliberately damage any website or undermine the legitimate operation of the Sweepstakes is a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserved the right to seek damages or other remedies from any such Entrant(s) responsible for the attempt to the fullest extent permitted by law.
11.   Hold Harmless/Release.  By participating, each entrant agrees to hold harmless Sponsor, participating sponsors, and any of their respective parent companies, subsidiaries, affiliates, directors, officers, employees and agencies from any liability whatsoever, and waive and release such parties from any and all causes of action, for any claims, costs, injuries, losses, or damages of any kind (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional) arising out of or in connection with the event or acceptance, possession, or use/misuse of any Prize, participation in any promotion-related activity, or participation in the promotion, whether under a theory of contract, torts (including, without limitation, negligence), warranty, or any other theory or cause of action.
12.   Miscellaneous. Each entrant agrees that: (1) any and all disputes, claims, and causes of action arising out of or in connection with this Sweepstakes, or any Prize awarded, shall be resolved individually, without resort to any form of class action, and any judicial proceeding shall take place in a federal or state court sitting for or in St. Louis County, Missouri (2) 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 legal/attorneys’ fees; and (3) 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 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 and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with the laws of the State of Missouri, without giving effect to any choice of law or conflict of law rules or provisions.
13.   Winners List/Official Rules. To obtain a list of the Sweepstakes winner, visit http://www.emersontoolcompany.com/en-US/NewsAndInnovations/NewsAndReleases/Pages/December-2016-Sweepstakes-Winner.aspx. To obtain a copy of the “Official Rules” for the Sweepstakes, send a written request with a self-addressed, stamped envelope to: Emerson Tool Company, Attn: December 2016 Marketing Research Sweepstakes Entry, 8100 West Florissant Ave. Bldg. T, P.O. Box 36902 St. Louis, MO 63136.​​​