Rules & Regulations
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. PURCHASE DOES NOT IMPROVE ODDS OF WINNING. OPEN TO LEGAL RESIDENTS OF 50 UNITED STATES WHO ARE 18 OR OLDER, 19 IF AL OR NE. VOID OUTSIDE 50 US STATES AND WHERE RESTRICTED OR PROHIBITED. Rockstar & DeCa Makita Sweepstakes (the “Promotion”) will commence at 12:00:01 PM Pacific Time (“PT”) on June 7, 2019 (“Start Date”) and ends at 11:59:59 AM PT on July 7, 2019 (“End Date;” and Start Date and End Date collectively, the “Promotion Period”). 1. SPONSOR. The Promotion is sponsored by Rockstar, Inc. (“Sponsor”); DeCa, Defense Commissary Agency (“Promotional Partner”). 2. ELIGIBILITY. The Promotion is open to legal residents of the 50 United States (“Eligibility Area”) who are 18 years of age or older as of the Start Date of the Promotion (19 if AL or NE). Directors, officers, employees, agents and representatives of Sponsor, Promotional Partner, Sponsor’s franchisees, and each of their respective parent, sister, affiliates, subsidiaries, advertising and promotional agencies, and all other corporations, partnerships, sole proprietorships or other legal entities or individuals associated with the development, administration, or fulfillment of this Promotion (collectively, the “Promotion Entities”), and the immediate families of such persons (defined as spouse, child, sibling, parent or grandparent or so-called “step” or “half’ variations of any of the preceding individuals, regardless of where they live), and those living in their same households, whether or not related, or a winner of any other of Sponsor’s official Sweepstakes during 180 days prior to the start date of the above-referenced Sweepstakes are ineligible to enter, win or collect prizes in the Promotion. The Promotion is subject to all applicable federal, state, provincial, territorial, municipal, and local laws, regulations, and ordinances. 3. HOW TO PARTICIPATE. NO PURCHASE NECESSARY. There are two (2) ways to enter into the promotion: Text Messaging: To enter through the text messaging method Entrant must text the code “DECAMAKITA” to 69979 using a two-way text messaging capable device. Once Entrant has completed the foregoing, he/she will have earned one (1) entry (an “Entry”) into the Promotion. Entrants who use text messaging to enter will be charged according to their carriers’ standard messaging and data rates and entrants should contact their carriers for pricing details. Check your owners’ manual for specific text messaging instructions. Text messaging may not be available through all wireless carriers. Standard text messaging rates and Internet data rates may apply and Promotion Entities are not responsible for any fees incurred by participating in this Promotion. All text messages must be received by July 7, 2019 at 11:59:59 AM PT. Text message not available in all areas or on all carriers. Text “STOP” to 69979 to stop. Text “HELP” to 69979 for help. Website Entry: Visit www.rockstarenergy.com/sweeps (“Website”), find “Rockstar DeCa Makita Sweepstakes” and follow the onscreen instructions for completing all required entry fields. Once you have completed the entry form, and have agreed to these Official Rules, then click “submit” to be entered into the Sweepstakes (“Website Entry”). Promotion Entities will not acknowledge or confirm receipt of any Entries, regardless of entry method used. Promotion Entities are not responsible for Internet provider or cellular carrier or cell tower glitches or outages that result in the non-receipt of any participants’ entry attempts. Promotion Entities are not responsible for Entries that are garbled, corrupted, or otherwise unascertainable or incomprehensible. All Entries must be submitted by the End Date, any Entries or entry attempts received thereafter will be destroyed. Limit one (1) Entry per Entrant, per method of entry, as described above, throughout the Promotion Period. Only one (1) individual cellular telephone number per Entrant may be used in connection with this Promotion. Any person who attempts to participate by using multiple cellular telephone numbers, multiple identities, or by using any device or artifice to participate in violation of the terms stated in these official Rules, may be disqualified by Sponsor in its sole discretion. Any use of robotic, repetitive, automatic, programmed or similar participation methods or agents will void such participation in the Promotion. In the event of a dispute over who is an Entrant or who an Entry corresponds to, the authorized subscriber of the e-mail account used to Enter the Promotion as of the actual time that such information was received by Sponsor, will be deemed to be the Entrant. The “authorized account subscriber” is defined as the natural person who is assigned an e-mail address by an Internet access provider, online service provider or other organization (e.g. business, education, institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. In the event of a dispute over who is an Entrant or who an Entry submitted through the Text Message method corresponds to, the authorized cellular telephone service account linked to the cellular telephone number used to Enter the Promotion as of the actual time that such information was received by Sponsor, will be deemed to be the Entrant. The “authorized cellular telephone account” is defined as the natural person who is assigned a cellular telephone number by a cellular telephone service provider that is responsible for assigning cellular telephone numbers for the cellular telephone network associated with the cellular phone number used to Enter the Promotion. Promotion Entities may require an Entrant to show proof of being the authorized account holder or the authorized cellular telephone account holder. Entrants may be required to indicate their acceptance to the Official Rules where indicated at the time of registration; provided, however, that any Entrant’s participation in the Promotion constitutes, and is deemed, such Entrant’s full and unconditional agreement to the Official Rules and any and all decisions of Promotion Entities, which are final and binding in all respects. All Entrants agree to waive any right to claim ambiguity in the Promotion and/or these Official Rules. 4. WINNER SELECTION AND NOTIFICATION. Winner Selection: There will be a total of one (1) Grand Prize Winner (“Grand Prize Winner” or “Prize Winner”) in the Promotion determined by a random drawing (the “Random Drawing”) from among all eligible entries received during the Promotion Period. The Random Drawing will take place on or about July 8, 2019, or soon thereafter as reasonably practicable. All decisions of Sponsor are final and binding in all respects. All Entries are subject to verification, confirmation and compliance with the Official Rules. Odds of winning depend on the number of eligible Entries received during the Promotion Period. Winner Notification: Sponsor will attempt to notify each potential Prize Winner of his/her winning status via the cellular telephone number, and/or e-mail address provided in connection with the Prize Winner’s Entry within a week of the Random Drawing, at Sponsor’s discretion. Potential Winner must respond within seventy-two (72) hours of notification attempt. Failure to respond to notification within the stated time will result in forfeiture of the Prize. Awarding of any prize is subject to verification of potential Winner’s eligibility and full compliance with these Official Rules. Except where prohibited, the selected potential Winner may be required to complete and return to Sponsor or its designated agent an Affidavit of Eligibility and a Liability/Publicity Release Form (“Affidavit and Release”) within three (3) days of receiving the Affidavit and Release. Failure to return the signed Affidavit and Release within three (3) days following the date of delivery thereof may result in forfeiture of the Prize. If a potential Prize Winner is a minor (“Minor”) in his/her state of residence, the parent or legal guardian of the Minor will be required to ratify the Affidavit and Release in order for the Prize to be awarded to the Minor. If a potential Winner cannot be contacted as specified above, or if he/she fails to return the signed Affidavit of Eligibility by the deadline specified above, or if a potential winner is deemed ineligible for any other reason in Sponsor’s sole discretion, the potential winner will be disqualified and an alternate winner will be randomly selected in his/her place from among all remaining eligible Entries. Sponsor will conduct alternate winner drawings until the Grand Prize is awarded. Up to two (2) alternate winner drawings will be conducted for each un-awarded Weekly Prize, after which the prize will remain un-awarded. 5. PRIZES. One (1) Grand Prize Winner will receive: • A Makita prize pack as specified by Sponsor at Sponsor’s sole discretion. Total ARV of Grand Prize: $2,500.00 USD. Any and all guarantees and warranties for the Grand Prize are subject to the manufacturer’s terms and conditions, and the winner agrees to look solely to such manufacturers for any such warranty or guarantee claim. Allow 8-12 weeks for delivery of the Prize. The Grand Prize Winner is solely responsible for any and all applicable fees and taxes associated with receipt and use of the Grand Prize and Sponsor will provide the Grand Prize Winner with an IRS Form 1099 reflecting the actual final retail value of the Grand Prize, or such other governmental tax forms that may be necessary, as determined in the sole discretion of Sponsor. 6. GENERAL TERMS AND LIMITATIONS OF LIABILITY AND RELEASES: All Entries related to this Promotion become the exclusive property of Sponsor and none will be acknowledged or returned. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor and/or Administrator. All such Entries are subject to verification. By entering or otherwise participating in the Promotion and/or accepting any Prize, each Entrant hereby fully and unconditionally agrees to be bound by these Official Rules and the decisions of Promotion Entities, or their respective designated agent, which are final and legally binding in all respects, and agrees to waive any right to claim any ambiguity in these Official Rules. Sponsor reserves the right to modify or revise these Official Rules at any time and for any reason. The Entrant also agrees to assume all risk of loss, damage, destruction, delay or misdirection of materials/mail/email submitted to or from Sponsor or Administrator, and further agrees that all prizes are awarded upon the condition that the Promotion Entities or any of their respective parent companies, subsidiaries, officers, directors, partners, principals, partnerships, employees or agents (collectively, the “Released Parties”) shall have no liability whatsoever and shall be held harmless for any injuries, losses, or damages of any kind to persons or property, including death, sustained, in whole or in part, directly or indirectly, in connection with or resulting from acceptance, possession or use/misuse of any Prize, or participation in this Promotion or participation in any Promotion-related activities and further acknowledges that said Released Parties have neither made, nor are in any manner responsible or liable for, any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to any prize awarded in connection with the Promotion. Sponsor reserves the right, in its sole discretion, without prior notice or obligation and at any time, to cancel, terminate or suspend this Promotion, or any portion thereof, should virus, bugs, non-authorized human intervention or other causes beyond the control of Sponsor corrupt or impair the administration, integrity, security, fairness or proper conduct of the Promotion, or for any other reason, at their sole discretion. In such event, Sponsor, at its discretion, may select winners from the eligible, non-suspect, eligible Entries fulfilling the applicable eligibility requirements prior to the event requiring such termination, cancellation or suspension. Sponsor reserves the right to correct any typographical, printing, computer programming or operator errors, including in the Official Rules. The Released Parties are not responsible for hardware, software or telephone failures of any kind, traffic congestion on the Internet, on the Website or any other website, in any cellular telephone lines, networks, or towers, or any combination thereof, lost network connections, incomplete, garbled or delayed computer or text message transmissions, whether caused by Sponsor, users, or by any of the equipment or programming associated with or utilized in the Promotion, or by technical or human error which may occur and/or which may damage Promotion Entities’ ability to receive or store Promotion data, or which may damage a participant’s system in connection with the selected method of entry, or which may otherwise limit any participant’s ability to participate and/or redeem Prizes in the Promotion. In the event that any participant’s entry attempt is not successfully received by Promotion Entities, that participant’s sole remedy shall be to attempt to enter the Promotion once again during the Promotion Period. Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the Promotion, violates these Official Rules, or otherwise engages in fraudulent or offensive conduct with respect to this Promotion. Caution: Any attempt to deliberately damage any website or undermine the legitimate operation or administration of the Promotion is a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek damages from any such participant to the fullest extent of the law. By accepting a Prize, all Winners agree that Sponsor may use any and all such Winners’ name, city and/or state/territory of residence, statements, likeness, voice, photograph and/or biographical information, without limitation, for promotional purposes relating to the Promotion, in any media or format, whether now known or hereafter developed, including but not limited to the Internet, worldwide, in perpetuity, without further consideration or payment, where permitted by law. PRIZES ARE AWARDED “AS IS,” “WHERE IS,” WITH NO WARRANTY OR GUARANTEE EXPRESS OR IMPLIED. Prizes are non-assignable, non-substitutable, and non-transferable. Sponsor, at its sole discretion, reserves the right to substitute cash or prizes of equal or greater monetary value. Should a winner make any false statement(s) in any document referenced above, the winner will be required to promptly return to Sponsor the awarded Prize(s), or the cash value thereof. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision or any other provision herein. Should any provision of the Official Rules be deemed unenforceable or invalid, the other provisions of the Official Rules shall remain in full force and effect. In the event that this Promotion is challenged by any legal or regulatory authority (including but not limited to any federal or state governmental authority), Sponsor reserves the right to discontinue or modify the Promotion, as applicable, or to disqualify any participant residing in any affected geographic areas, as applicable. In such event, Sponsor shall have no liability to any participants who are disqualified due to such an action. 7. DISPUTE RESOLUTION: Except where prohibited, participants agree that: all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of any participant(s), Sponsor, Administrator, and their respective agents shall be governed by and construed exclusively in accordance with the laws of the State of California without giving effect to any principles of conflicts of law of any jurisdiction. Participants agree that any action at law or in equity arising out of or relating to this Promotion, or awarding of the Prizes, shall be filed only in the state or federal courts located in the State of California and the participants hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. Except where prohibited, by participating in this Promotion, the participants agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Promotion, or awarding of the prizes, shall be resolved individually, without resort to any form of class action; 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 Promotion but in no event attorneys’ fees; and (c) under no circumstances will any participant be permitted to obtain awards for, and 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. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above may not apply to you. 8. PRIVACY: Promotion Entities and their authorized agents will collect, use, and disclose the personal information you provide when you enter the Promotion solely for the purposes of administering the Promotion and fulfilling prizes, and by entering this Promotion you consent to the collection, use, disclosure and management of your personal information for said purposes. All personal information that Entrants submit will be subject to Sponsor’s privacy policy. In the event of any discrepancy between Sponsor’s privacy policy and these Official Rules, the privacy policy will govern and control. For a copy of Sponsor’s complete online privacy policy please visit http://rockstarenergy.com/privacy.php. Information collected by Sponsor in connection with this promotion will be maintained on servers located in the United States. 9. WINNER NAMES AND OFFICIAL RULES: For the names of the Winner and/or a copy of these Official Rules, send an email request to SWEEPSTAKES@ROCKSTARENERGY.COM with the subject line “Rockstar & DeCa Makita Sweepstakes”. All requests for a copy of the Official Rules and the names of winners must be made by September 18, 2019. Please note in the subject line of your correspondence whether you are requesting “Official Rules” or the names of “Prize Winners.” 10. SPONSOR: Rockstar, Inc., 101 Convention Center Dr., Suite 777, Las Vegas, NV 89109. Any and all registered names or trademarks used in this Promotion are for identification purposes only. All trademarks and registered trademarks are the property of their respective owners, and their use does not signify such owners’ approval or endorsement of, or connection with, Sponsor or this Promotion.
