SCOTCH-BRITE 2020 HOLIDAY GIFT GUIDE GIVEAWAY
TERMS AND CONDITIONS
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO PARTICIPATE IN THE GIVEAWAY. QUANTITIES ARE LIMITED. VOID WHERE PROHIBITED.
Sponsor. The giveaway (the “Giveaway”) is sponsored by 3M COMPANY, a Delaware corporation, located at 2501 Hudson Rd., Maplewood, MN 55144 (“3M or “Sponsor”) by and through its agent, HPR PARTNERS, LLC d/b/a HUNTER PUBLIC RELATIONS, located at 41 Madison Avenue New York, NY 10010 (“HPR”).
The Giveaway Period. The Giveaway begins on December 8, 2020 at 11:00 A.M. EST and ends on December 23, 2020 at 11:59 P.M. EST or while supplies last (the “Giveaway Period”).
Eligibility. The Giveaway is only open to legal residents of the contiguous United States, excluding Alaska and Hawaii, and the District of Columbia who are at least 18 years old, or who have obtained the age of majority under all applicable state and local laws, when the request for Giveaway Merchandise (as defined below) is submitted. Employees of Sponsor, HPR, and their respective parents, subsidiaries and affiliate companies and advertising and promotional agencies, as well as the immediate family (spouse, parents, siblings and children and their respective spouses, regardless of where they reside) and household members of each such employee, whether or not related, are not eligible. The Giveaway is subject to all applicable federal, state, and local laws and regulations. Participation constitutes an individual’s full and unconditional agreement to these Terms and Conditions and Sponsor’s decisions, which are final and binding in all matters related to the Giveaway. Receipt of Giveaway Merchandise is contingent upon compliance with all requirements set forth in these Terms and Conditions and any additional requirements set out on the Site (as defined below).
Giveaway Merchandise. While supplies last, eligible individuals who submit a request for Giveaway Merchandise in accordance with the steps below may receive the single item selected by such individual from those certain products specified (the “Giveaway Merchandise”) on www.Scotch-Brite.com/giftguide (the “Site”), all of which are only available in limited quantities AND RECEIPT of which is subject to availability. In its sole discretion, Sponsor may update and change the types and categories of available Giveaway Merchandise by posting a notification ON THE SITE. Eligibility for certain types and categories of available Giveaway Merchandise may be subject to additional restrictions specified on the Site; if an individual meets the eligibility criteria in these Terms and Conditions, but not those set out on the Site for the selected item of Giveaway Merchandise, such individual will not be eligible for such item of Giveaway Merchandise. Because of the limited quantity of each item of Giveaway Merchandise, an individual may not receive the item she/he/they selects, and may not receive any item of Giveaway Merchandise if no items are available at the time the selection is made. Giveaway Merchandise is for personal, noncommercial use only.
How to Submit a Request for Giveaway Merchandise: During the Giveaway Period, an individual who wishes to submit a request for an item of Giveaway Merchandise must:
Notification. If the selected item of Giveaway Merchandise is available when the order request form is received, a confirmation email will be sent to the email address included on the order request form and the selected item of Giveaway Merchandise will be shipped to the address (residential and commercial addresses only; P.O. Boxes not accepted) on the order request form, at no charge. If the selected item is no longer available, the individual will be directed to return to the Site to select an alternate item of Giveaway Merchandise while supplies last. ALL GIVEAWAY MERCHANDISE, INCLUDING ALTERNATE GIVEAWAY MERCHANDISE, IS ONLY AVAILABLE WHILE SUPPLIES LAST AND SPONSOR DOES NOT GUARANTEE, AND DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, THAT AN INDIVIDUAL RECEIVING A NOTIFICATION UNDER THESE TERMS AND CONDITIONS WILL RECEIVE ANY GIVEAWAY MERCHANDISE OR ALTERNATE GIVEAWAY MERCHANDISE. INDIVIDUALS SELECTING ALTERNATE GIVEAWAY MERCHANDISE MAY RECEIVE ALTERNATE GIVEAWAY MERCHANDISE AT AN EQUAL OR LESSER VALUE THAN THE GIVEAWAY MERCHANDISE ORIGINALLY SELECTED. Sponsor will not replace, and all participants agree that neither Sponsor nor HPR shall be liable for, any lost, damaged, or stolen Giveaway Merchandise.
No Returns or Exchanges. All selections of Giveaway Merchandise or Alternate Giveaway Merchandise are final and delivered “as is”. No returns, exchanges, or refunds of any kind are permitted.
Disclaimers. All federal, state, and local taxes and fees as well as other costs not specified in these Terms and Conditions associated with the Giveaway Merchandise, if any, are the sole responsibility of the individual. Sponsor will comply with any income tax reporting obligations.
If, for any reason, an individual’s request for Giveaway Merchandise is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, such individual’s sole remedy is the opportunity to submit another request for an item of Giveaway Merchandise, WHILE SUPPLIES LAST. No more than the stated numbers of units of each item of Giveaway Merchandise will be distributed. If production, technical, programming or any other reasons cause more than the stated numbers of units of any item of Giveaway Merchandise to be available and/or claimed, Sponsor reserves the right to decline to distribute that item of Giveaway Merchandise, in Sponsor’s sole discretion.
Publicity. Except where prohibited by applicable law, participation in the Giveaway constitutes an individual’s consent to Sponsor’s and HPR’s use of such individual’s name, likeness, photograph, voice, and opinions for advertising, promotional and other purposes in any and all media, now or hereafter devised, in any manner, worldwide in perpetuity, without further payment or consideration, notification or permission.
Release. By participating in the Giveaway, each individual, on behalf of himself/herself/themselves, and his/her/their executors and heirs, agrees: (1) to be bound and abide by these Terms and Conditions and all Sponsor decisions, which are final and not open to appeal; (2) to release, indemnify, defend and hold harmless Sponsor, HPR, and its and their parents, subsidiaries, affiliates, members, shareholders, agents, representatives, employees, suppliers, agencies, successors, assigns, licensors, advertising or promotional agencies and any other entities associated with the Giveaway or Giveaway Merchandise (collectively, the “Released Parties”) from any and all liability, including without limitation, any causes of action, liabilities, suits, and/or claims including, but not limited to, claims by participants or third parties against any of the Released Parties or that may be made against such individual by third parties, arising out of or relating to the subject matter covered under these Terms and Conditions and/or participation in the Giveaway, and/or acceptance, receipt, possession or use/misuse of the Giveaway Merchandise, including, without limitation, claims relating to the publicity or other public exposure of any participant, claims concerning infringement or invasion of any participant’s privacy or publicity rights, defamation, appropriation of name or likeness, public disclosure of private facts, portrayal in a false light, or any acts undertaken in preparation for participation in the Giveaway, cross-claims or counterclaims, costs, injuries, losses or damages or demands of any kind, including without limitation personal injuries, death, damage to, loss or destruction of property (collectively, “Claims”), WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF A RELEASED PARTY AND WHETHER OR NOT ANY RELEASED PARTY HAD REASON TO KNOW OF ANY POTENTIAL CLAIMS; (3) that they have no right to bring, and covenant not to bring, any Claim, action, or proceeding of any kind or nature against any of the Released Parties; and (4) to assume all risks, express or implied, associated with all Claims, including without limitation, all risks concerning participation in the Giveaway and/or acceptance, receipt, possession or use/misuse of Giveaway Merchandise.
EACH PARTICIPANT, ON BEHALF OF HIMSELF/HERSELF/THEMSELVES, AND THEIR EXECUTORS AND HEIRS, FURTHER AGREES THAT NEITHER SPONSOR NOR ANY OF THE RELEASED PARTIES HAVE MADE OR MAKE OR ARE RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, WHETHER ARISING UNDER STATUTE, CUSTOM, COURSE OF DEALING, TRADE USAGE, OR UNDER COMMON LAW, RELATED TO THE SUBJECT MATTER HEREOF, INCLUDING WITHOUT LIMITATION, THE GIVEAWAY OR THE GIVEAWAY MERCHANDISE, AND SPONSOR AND THE RELEASED PARTIES, TO THE FULLEST EXTENT PERMITTED BY LAW, SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT IN CONNECTION WITH THE GIVEAWAY AND THE GIVEAWAY MERCHANDISE. WITHOUT LIMITING THE FOREGOING, ALL GIVEAWAY MERCHANDISE IS TENDERED ON AN “AS IS” BASIS AND THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE DESCRIPTION ON THE FACE OF ANY PROMOTION MATERIALS OR OF ANY GIVEAWAY MERCHANDISE.
Limitation of Liability. Except where prohibited and subject to the releases and other provisions of these Terms and Conditions or other applicable federal, state, or local law, each participant (1) agrees that any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred and in no event shall include attorneys’ fees associated with participation in the Giveaway; (2) agrees that no indirect, punitive, incidental, special, consequential or other damages, including without limitation lost profits may be awarded (collectively, “Special Damages”); and (3) waives all rights to claim Special Damages and all rights to have such damages multiplied or increased.
ANY ATTEMPT BY A PARTICIPANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THE GIVEAWAY IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR MAY, AT ITS SOLE DISCRETION, DISQUALIFY ANY SUCH PARTICIPANT AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY SUCH PARTICIPANT TO THE FULLEST EXTENT PERMITTED BY LAW.
Each participant in the Giveaway recognizes and unconditionally agrees that the Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by participants, typographical or printing errors, or by any of the equipment or programming associated with or utilized in the Giveaway; (2) for lost, 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 failure or scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties affecting an order request form or delivery of Giveaway Merchandise; (3) unauthorized human intervention in any part of the Giveaway; (4) other errors or problems of any kind relating to, or in connection with, the Giveaway, whether computer, network, technical, mechanical, typographical, printing, human or otherwise, including, but not limited to, errors or problems which may occur in the administration of the Giveaway, the processing of order request form, the delivery of Giveaway Merchandise, or in any other Giveaway-related materials; (5) late, lost, undeliverable, inaccurate, incomplete, misdirected, delayed, damaged, otherwise unreadable or unobtainable, or stolen order request form or Giveaway Merchandise; or (6) any injury or damage to any persons or property which may be caused, directly or indirectly, in whole or in part, from an individual’s participation in the Giveaway or receipt or use or misuse of any of the Giveaway Merchandise.
Modification. Notwithstanding anything to the contrary contained in these Terms and Conditions, Sponsor reserves the right, in its sole discretion, to suspend, modify or cancel the Giveaway, or any portion thereof, if it cannot be run as originally planned, including without limitation, by reason of tampering, unauthorized intervention or fraud; infection by computer virus, bug or malicious software attacks; or by force majeure event or other cause beyond Sponsor’s control which may impair the integrity or corrupt the administration or security of the Giveaway. In such event, Giveaway Merchandise shall be distributed only to those to the eligible individuals who submitted valid order request forms, if any, prior to such suspension, modification or cancellation of the Giveaway.
Choice of Law. By participating in the Giveaway, each participant irrevocably and unconditionally agrees that, to the fullest extent permitted by law, any and all disputes, claims and causes of action arising out of or related to the subject matter of these Terms and Conditions, including without limitation, those associated with the Giveaway or the Giveaway Merchandise, shall be resolved individually, without resort to any form of class action, and exclusively by State or federal courts situated in Minnesota. The Giveaway and these Terms and Conditions are governed by the laws of the State of Minnesota, without regard to its conflicts of law rules.
These Terms and Conditions will be posted on Sponsor’s website at Scotch-Brite.com/GiftGuide and are current as of the date listed above.