1. RULES: These "Give Away Rules" will govern the Dual Shield X Hat Giveaway (the "Giveaway") of The ESAB Group, Inc. d/b/a ESAB Welding and Cutting ("ESAB"). By entering the Giveaway, entrants agree to be bound by these Rules and the decisions of ESAB, which shall be final on all matters pertaining to the Giveaway. ESAB shall have and retain the sole and absolute discretion to disqualify from the Giveaway any entrant that it knows, or has reason to believe, is not in compliance with these Giveaway Rules.
2. HOW TO ENTER: Entrants may enter by visiting www.dualshieldx.com (the "Website") and completing the required information on the online entry form (entrants also may complete some additional questions regarding welding and welding products, although this is not required to enter the Giveaway). No other method of entry will be accepted. ESAB will only allow one entry per person/household/E-mail address. Entries are limited to natural persons only, and commercial enterprises and business entities are not eligible to participate in the Giveaway. Regarding completion of the online entry form, ESAB is not responsible for incorrect, inaccurate or incomplete entry of information by entrants; lost entries or transmissions, interrupted or unavailable network, server, or other connections; scrambled transmissions or other errors or problems of any kind, whether mechanical, human, or electronic; technical malfunctions of the computer hardware, software, or any combination thereof; or problems associated with any virus or any other damage caused to an entrant’s hardware, software, computer, system, etc.
3. RESTRICTIONS: NO PURCHASE IS NECESSARY TO ENTER OR WIN THE GIVEAWAY. THE GIVEAWAY IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
4. GIVEAWAY DURATION: The Giveaway begins April 1, 2007 at 8:00 AM/EST and ends January 15, 2008 at 4:00 PM/EST (the " Giveaway Period"). ESAB will not accept entries in the Giveaway before the commencement of the Giveaway Period or after its expiration.
5. ELIGIBILITY: The Giveaway is open to all natural persons, eighteen years of age or older, who are legal residents of the United States of America, Canada or Mexcio and have access to the World Wide Web via the Internet. Entrants may be required to provide legal proof of identification, including name, complete mailing address, email address, Promotion Code, and telephone number to claim any item. Employees, officers, and directors of ESAB, its Affiliates, as well as its advertising, promotion, and fulfillment agencies ("ESAB Personnel"), and those individuals who are immediate family members of ESAB Personnel (including parents, spouses, siblings, and children), or persons living in their same household as ESAB Personnel, are not eligible to participate in the Giveaway. For purposes of these Giveaway Rules, "Affiliate" means with respect to ESAB any entity that directly or indirectly through one or more intermediaries’ controls, is controlled by, or is under common control with ESAB. For purpose of this definition, the term "controls" (including its correlative meanings "controlled by" and "under common control with") shall mean the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of an entity, whether through the ownership of voting securities, the ownership of partnership interests, the ownership of membership interests, by contract or otherwise.
ESAB shall have and retain the sole and absolute discretion to disqualify from eligibility in the Giveaway any entrant that it knows, or has reason to believe, is not eligible.
6. INDEMNIFICATION: TO THE FULLEST EXTENT PERMITTED BY LAW, EACH ENTRANT HEREBY AGREES TO RELEASE, DISCHARGE, HOLD HARMLESS, AND INDEMNIFY ESAB AND ITS AFFILIATES, AND ALL SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES AND AGENTS OF SUCH ENTITIES (THE "ESAB PARTIES") FROM ANY AND ALL INJURIES (INCLUDING DEATH), AS WELL AS ANY AND ALL DAMAGES, LIABILITIES, LOSSES, COSTS, EXPENSES OR ANY OTHER AMOUNTS ARISING PURSUANT TO OR IN CONNECTION WITH (a) THE GIVEAWAY; (b) ANY PRIZE AND HIS OR HER ACCEPTANCE, POSSESSION, AND USE OF ANY PRIZE OR; (c) ANY BREACH OR ALLEGED BREACH BY AN ENTRANT OF THESE GIVEAWAY RULES; (d) ANY BREACH OR ALLEGED BREACH BY THE WINNER OF THE AFFIDAVIT; (e) TELEPHONE, ELECTRONIC, HARDWARE, SOFTWARE, NETWORK, INTERNET, OR COMPUTER MALFUNCTIONS, FAILURES, OR DIFFICULTIES OF ANY KIND; (f) FAILED, INCOMPLETE, GARBLED, OR DELAYED COMPUTER TRANSMISSIONS; (g) ANY CONDITION CAUSED BY EVENTS BEYOND THE CONTROL OF ESAB THAT MAY CAUSE THE GIVEAWAY TO BE DISRUPTED OR CORRUPTED; AND (e) ANY PRINTING OR TYPOGRAPHICAL ERRORS IN ANY MATERIALS ASSOCIATED WITH THE GIVEAWAY.
7. SUSPENSION OR CANCELLATION OF THE GIVEAWAY: ESAB reserves the right, in its sole and absolute discretion, to suspend or cancel the Giveaway at any time if a computer virus, bug, tampering, unauthorized intervention, or other technical problem of any sort corrupts the administration, security, or proper play of the Giveaway. ESAB reserves the right to cancel the Giveaway or change any element thereof, with or without notice, at any time, due to printing errors, web site errors, transmission errors or other mistakes in the production of the Giveaway. ESAB also reserves the right to disqualify, in its sole discretion, any person tampering with the entry process, the operation of the Website, or who is otherwise in violation of these Giveaway Rules.
8. CHOICE OF LAW; CHOICE OF VENUE: The validity, interpretation and performance of these Giveaway Rules and any dispute arising under, pursuant to or in connection herewith will be governed by and construed in accordance with the laws of the State of South Carolina, without reference to any conflicts of law principles. All entrants into the Giveaway expressly submit to the exclusive jurisdiction of the state and/or Federal courts located in Florence, South Carolina with respect to all claims, suits, or controversies arising pursuant to or in connection with the Giveaway. All entrants hereby consent to extra-territorial service of process with respect to all claims, suits, or controversies arising under or in connection with the Giveaway and waive any defenses pertaining to the inconvenience of that forum. In the event of litigation pertaining to, arising under or in connection with the Giveaway, all entrants hereby waive any right that they may have to a jury trial of any or all of the issues that may be raised in that litigation.
9. PROPRIETARY RIGHTS; TREATMENT OF INFORMATION: Entries become the exclusive property of ESAB and will not be returned to entrants. By entering, entrants acknowledge and accept that their E-mail addresses and/or other personal information from the entry (collectively, "Information") may be used for the internal marketing analyses of ESAB and to provide entrant with information about ESAB and its products, promotions and/or services that may be of interest to entrant. The Information will not be used for any other purposes without an entrant’s consent.
"The product is very well designed making it very useful in a wide variety of applications. Allows you to run large fillets as well as small ones with the same size wire which saves me a considerable amount of cost during the year."
- Robert A. Rebert, Sr.
- Robert A. Rebert, Sr.
