Promotion void where prohibited by law. Subject to applicable federal, state, provincial, and local laws.
1. Eligibility: Promotion open only to legal residents of the following countries, grouped in three regions (each a "Region") who are at least age 18 (or the age of majority under applicable law, whichever is older) at the time of entry:
2. Promotion Period: Your ability to participate in the Promotion starts at 12:00:01 a.m. PST on 29 March 2016 and ends at 11:59:59 p.m. PST on 3 May 2016 (the "Promotion Period"). All entries must be received during the Promotion Period and meet other requirements in these Official Rules to be eligible to win a prize. Sponsor’s or its designee’s computer is the official time-keeping device for the Promotion.
3. How to Enter:
Form: To enter, complete the following steps during the Promotion Period complete all sections of the "Be the First" entry form and submit form at the www.fluke.com/bethefirst website.
Limit: ONE ENTRY PER PERSON DURING PROMOTION PERIOD REGARDLESS OF METHOD OF ENTRY. Any attempts to obtain additional entries will result in disqualification.
Submission Guidelines and Restrictions: Your Submission must not supply untruthful, incomplete, inaccurate or misleading information.
By providing a Submission, you warrant and represent that: (i) the Submission complies fully with all requirements of these Official Rules.
If participating in this Promotion via your mobile device (which may only be available via select devices and participating wireless carriers and is not required to enter), you may be charged for standard data use from your mobile device according to the terms in your wireless service provider’s data plan. Normal airtime and carrier charges and other charges may apply to data use and will be billed on your wireless device bill or deducted from your pre-paid balance. Each wireless carrier’s rate plan may vary, and you should contact your wireless carrier if you have questions regarding data plans and charges relating to your participation in this Promotion.
4. Identity of Entrant: All Submissions must be submitted by the individual entrant. Bulk or automated entries will be disqualified (including, for example, entries made using any script, macro, bot, or promotional service). Multiple participants are not permitted to share the same entry. Any attempt to obtain additional entries through fraud, bots, or other illegitimate means will result in disqualification, at Sponsor’s sole and absolute discretion.
In the event of a dispute about the identity of the entrant, entries will be declared made by the authorized account holder of the email address associated with the which the Submission is made. An "authorized account holder" means the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. A potential winner may be required by Sponsor, as determined in its sole and absolute discretion, to provide proof that the potential winner is the authorized account holder of the email associated with the winning entry.
5. Selection and Notification of Winner: Sponsor will select the name of one potential winner per Region from among all eligible participants from that Region during a random drawing to be held on or about 10 May 10 2016. The odds of winning depend on the number of eligible entries for the relevant Region received for the draw.
The potential winners will be notified via an the email address that was used to enter on or about 10 May 2016. If Sponsor is unable to contact the potential winner after three (3) attempts, anotherwinner will be drawn. Except where prohibited by law, Sponsor may require each potential winner to sign and return, within seven days of being notified, an Affidavit of Eligibility and Liability/Publicity Release in order to claim his/her prize. If (i) the attempted notification is returned as undeliverable without a forwarding address; (ii) any required documents are not returned within seven days; or (iii) the potential winner is otherwise unable to be contacted or to accept the prize as stated, the prize will be forfeited and may be awarded to an alternate winner. All available prizes will be awarded. If, by reason of a print or other error, more prizes are claimed than the number set forth in these Official Rules, an alternate winner will be selected in accordance with the above selection process from among all eligible claimants making purportedly valid claims to award the prizes available.
Verification of Potential Winners: EACH POTENTIAL WINNER IS SUBJECT TO VERIFICATION BY SPONSOR IN ITS SOLE AND ABSOLUTE DISCRETION, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION. AN ENTRANT IS NOT A PRIZE WINNER UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE AND NO FURTHER ACTION IS NEEDED.
6. Prizes: There will be one prize awarded per Region. Each winner will receive one product. Sponsor will determine the features of all prizes in its sole and absolute discretion.
Limit: ALL FEDERAL, STATE, PROVINCIAL , LOCAL AND OTHER TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNER. Prizes are not transferable. No substitutions or exchanges of prizes will be permitted, except that Sponsor reserves the right, in its sole and absolute discretion, to substitute a prize of comparable or greater value for any prize. Sponsor will not replace any lost or stolen prize or components of a prize. Prizes cannot be used in conjunction with any other promotion or offer. Only the number of prizes stated in these Official Rules are available to be won in the Promotion.
Except for applicable manufacturers’ standard warranties, each prize is awarded "AS IS" and WITHOUT WARRANTY OF ANY KIND, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose).
7. Disclaimer: Sponsor and any of its parent companies, subsidiaries, affiliates, directors, officers, professional advisors, consultants, contractors, legal counsel, public relations firms, employees and advertising, fulfillment and marketing agencies (collectively, the "Released Parties") will not be responsible for: (a) any late, lost, misrouted, garbled or distorted or damaged transmissions or entries; (b) telephone, electronic, hardware, software, network, Internet, or other computer or communications-related malfunctions or failures; (c) any Promotion disruptions, injuries, losses or damages caused by events beyond the control of Sponsor or by non-authorized human intervention; or (d) any printing or typographical errors in any materials associated with the Promotion.
8. Limitations of Liability; Releases: By entering the Promotion, you release all Released Parties from any liability whatsoever, and waive any and all causes of action, related to any claims, costs, injuries, losses, liabilities or damages of any kind arising out of or in connection with the Promotion or delivery, misdelivery, acceptance, possession, use of or inability to use any prize (including, without limitation, claims, costs, injuries, losses, liabilities 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), whether under a theory of contract, tort (including negligence), warranty or other theory.
THE RELEASED PARTIES WILL HAVE NO LIABILITY FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES, ARISING FROM OR RELATED TO YOUR PARTICIPATION IN THE PROMOTION OR USE OR INABILITY TO USE ANY EQUIPMENT PROVIDED FOR USE IN THE PROMOTION OR ANY PRIZE, EVEN IF A RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE RELEASED PARTIES ARISING OUT OF OR RELATING TO YOUR PARTICIPATION IN THE PROMOTION OR USE OF OR INABILITY TO USE ANY EQUIPMENT PROVIDED FOR USE IN THE PROMOTION OR ANY PRIZE EXCEED TEN DOLLARS ($10). THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATIONS OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, NOTHING IN THESE TERMS EXCLUDES OR LIMITS THE RELEASED PARTIES’ LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ANY OF THE RELEASED PARTIES’ GROSS NEGLIGENCE OR FOR FRAUD.
9. Use of Winner's Name, Likeness, etc.: Except where prohibited by law, entry into the Promotion constitutes permission to use each winner’s name, hometown, aural and visual likeness and prize information, without limitation, for advertising, marketing, and promotional purposes without further permission or compensation (including in a public-facing winner list). As a condition of being awarded any prize, except where prohibited by law, each winner may be required to execute a consent to the use of their name, hometown, aural and visual likeness and prize information, without limitation, for advertising, marketing, and promotional purposes without further permission or compensation. By entering this Promotion, you consent to being contacted by Sponsor for any purpose in connection with this Promotion.
10. License to Submission: By entering the Promotion and providing your Submission in connection with the Promotion, you hereby grant to Sponsor a perpetual, irrevocable, royalty-free, worldwide, nonexclusive license to publish, reproduce, display, perform, distribute, adapt, edit, modify, translate, create derivative works based upon, and otherwise use and sublicense your Submission, or any portion thereof (including without limitation your name and likeness as shown and conveyed in the Submission), in connection with the Promotion and for other advertising, marketing, and promotional purposes, and to incorporate Submissions, in whole or in part, into other works in any manner, form, media or technology now known or later developed, and you waive any moral rights you may have in Submission in favour of the Sponsor. Sponsor will have no obligation to publish or use or retain any Submission you submit or to return any such Submission to you. You agree that it is your sole responsibility to obtain all permissions and releases necessary for the grant of the rights contained in this paragraph. You agree to take, at Sponsor's expense, any further action (including, without limitation, execution of affidavits and other documents) reasonably requested by Sponsor to effect, perfect or confirm Sponsor's rights as set forth above in this paragraph. You will not be entitled to compensation for any use by Sponsor, or its agents, licensees or assignees, of your Submission. Your Submission will not be treated as confidential.
12. List of Winners; Rules Request: For a copy of the list of winners, send a stamped, self-addressed, business- size envelope after 10 May 2016 and before 11 May 2017 to Sponsor at the address listed below, Attn: "Be the First Prize-draw" Winner List. Return postage not required. To obtain a copy of these rules, visit http://en-us.fluke.com/products/contests-and-promotions/bethefirst.html.
13. Intellectual Property Notice: FLUKE is a registered trademark of Fluke Corporation. The Promotion and all accompanying materials are copyright © 2016 by Sponsor. All rights reserved.
14. Disputes: Except where prohibited by law, each entrant agrees that any and all disputes, claims, and causes of action arising out of or connected with this Promotion or any prize awarded will be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Western District of Washington or the appropriate state court located in King County, Washington. These Official Rules are governed by the laws of the state of Washington, without regard to conflicts of laws. YOU WAIVE ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THESE COURTS AND HEREBY SUBMIT TO THE JURISDICTION OF THOSE COURTS.
15. General Conditions: Entrants agree to be bound by these Official Rules and by the decisions of Sponsor, which are final and binding in all respects. Sponsor reserves the right to change these Official Rules at any time, in its sole and absolute discretion, and to suspend or cancel the Promotion or any entrant's participation in the Promotion should viruses, bugs, unauthorized human intervention or other causes beyond Sponsor's control affect the administration, security or proper implementation of the Promotion, or Sponsor otherwise becomes (as determined in its sole and absolute discretion) incapable of running the Promotion as planned for any reason. Entrants who violate these Official Rules, violate any law, rule or regulation in connection with participation in the Promotion, tamper with the operation of the Promotion or engage in any conduct that is detrimental or unfair to Sponsor, the Promotion or any other entrant (in each case as determined in Sponsor's sole and absolute discretion) are subject to disqualification by Sponsor from participating in the Promotion. Any attempt by an entrant or other individual to deliberately damage any website associated with this Promotion or undermine the legitimate operation of the Promotion may be in violation of criminal and civil law, and Sponsor reserves all rights and remedies available to it any such person to the fullest extent permitted by law. Sponsor reserves the right to lock out persons whose eligibility is in question or who have been disqualified or are otherwise ineligible to enter the Promotion, as the Sponsor may determine in its sole and absolute discretion. Sponsor reserves the right to disqualify any entries received that contain inappropriate or offensive content. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Any provision of these Official Rules deemed unenforceable will be enforced to the extent permissible, and the remainder of these Official Rules will remain in effect. If you have any questions about these Official Rules or the Promotion, please e- mail them to email@example.com.
16. Sponsor: Fluke Electronics Corporation, 6920 Seaway Blvd., M/S 201E, Everett, WA 98203 USA. Reference to third parties in connection with prize and/or third-party websites or services are for reference and identification purposes only and not intended to suggest endorsement, sponsorship or affiliation with Sponsor or the Promotion.