Introduction

By entering the ToughBuilt Industries Inc. “Camo Coated Giveaway” Giveaway (the “Giveaway”), the participant (“Participant”) agrees to abide by these Official Giveaway Rules and Legal Disclaimer and the decisions of ToughBuilt Industries, Inc. (the “Promoter”), which are final and binding in all respects.

NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE OF PROMOTER’S PRODUCTS OR SERVICES DOES NOT ENHANCE CHANCES OF WINNING. 
THESE OFFICIAL RULES REQUIRE YOU TO AGREE TO ARBITRATE DISPUTES.

Eligibility 

The Giveaway is open solely to legal residents of the fifty (50) United States and the District of Columbia who are 18 years of age or older at the time of entry. Employees, officers, directors, or agents of Promoter or any of Promoter’s partners, related companies, agencies, or agents, as well as the immediate family (defined as spouse, parents, siblings, children, and grandparents) and same household members of any such employee, officer, director, or agent, are not eligible to participate.  All applicable federal, state, and local laws and regulations apply. Void where prohibited or restricted by law.

How to Enter 

For the giveaway beginning on Tuesday, April 2, 2024, at 11:00:01 a.m. US Pacific Time (PT) through Tuesday, April 16, 2024, at 10:59:59 a.m. PT; log on to https://pro.toughbuilt.com/pullsaw and follow the on-screen entry instructions. Fill in all required information. Promoter will not consider incorrect, fraudulent, incomplete, late, or otherwise non-conforming entries or entries that are intended to annoy, abuse, threaten, or harass any person or entity in any way. Limit of one (1) entry per person; multiple entries by any one individual are void. Entries generated by macro, script, or other automated means are void. Entries generated by robotic, macro, script, or other automated means are void. Any entrant using fraudulent means to participate in the Giveaway will be disqualified and may be guilty of violating applicable criminal laws. All entries, once provided, are Promoter’s sole and exclusive property. Eligibility is at the exclusive discretion of Promoter, and Promoter shall be entitled to reject any entrant for any reason or no reason at all without having to provide an explanation. Promoter reserves the right, in its sole discretion, to cancel, suspend, or terminate the Giveaway for any reason and without prior notice to any Participant. In such instance, Promoter may, if and as appropriate, select a winner using reasonable means that are materially consistent with the Giveaway. 

Provision of Materials and Information/Intellectual Property 

By entering into the Giveaway, Participant represents and warrants as follows: (1) that it wholly owns or has properly licensed whatever materials or information it submits hereunder in connection with the Giveaway and can make such submissions without violating any applicable law, agreement with any third-party, and/or third-party right of any kind (including without limitation any intellectual property, data protection, privacy, or publicity right); and (2) that any and all materials or information provided by it hereunder shall be true and correct in all respects. Furthermore, without limitation on anything set forth herein to the contrary, Promoter shall have the irrevocable, transferable, and fully sublicensable right and license (but not the obligation) to exploit any and all such materials or information in any manner it so elects to promote the Giveaway, its business, brand, products, and/or services, throughout the world in perpetuity, and in any and all media, now or hereafter known. 

Random Drawing; Prizes; Notifying Prize Winners 

A random drawing will be conducted on or about April 22, 2024 by Promoter to select one (1) winner (each a “Winner”) from among all eligible entries received. The Winner will receive the Prize as defined herein. The odds of winning depend on the number of entries received. 

The potential Winner will be notified by email, and must sign and return Promoter’s Affidavit of Eligibility and Release within ten (10) days following the effective date of Promoter’s prize notification (the “Notification”). Failure to respond within the applicable period will result in forfeiture of a prize, which are: PRIZE: One (1) Custom Cerakoted ToughBuilt® FOLDING PULL SAW; and the Prize carries a combined approximate retail value of USD 40.00, and Promoter shall have the option to award the Prize to an alternate Winner. The return of the Notification or Prize as undeliverable may also result in disqualification, and an alternate Winner may be selected. Promoter is not responsible for undeliverable digital communications because of any filtering of any kind, insufficient space in a Participant’s account, or any other failure beyond its reasonable control. In the event of a dispute concerning entries received from more than one user with the same e-mail address/account, the account's authorized subscriber at the time of entry will be deemed the proper entrant. A potential Winner will also forfeit his or her Prize if he or she is disqualified as not eligible to participate in the Giveaway in the first instance.

The Winner must show a government-issued photo identification to claim his or her Prize. All federal, state, and local income taxes resulting from acceptance of the Prize are the responsibility of Winner. Promoter reserves the right to substitute an alternate Prize of comparable or equal value in its sole discretion. Acceptance of the Prize also constitutes permission to Promoter to use the Winner's name, likeness, and biographical information for marketing purposes (including posting the information on its website) without further compensation or right of approval, unless prohibited by law. Subject to applicable law, each Prize is offered “as is” without any express or implied warranty of any kind or nature, including without limitation, any warranty respecting condition, merchantability, quality, title, or fitness for a particular purpose. Promoter is not responsible for replacing a Prize if damaged unless such damage is caused by Promoter.

Publicity 

Subject to applicable law, entrance in the Giveaway constitutes Participant’s consent to Promoter and Promoter’s affiliates and agents to use his or her name, voice, likeness, opinions, and biographical information for marketing, advertising, and publicity purposes in any media throughout the world at any time without the obligation to seek consent or to provide Participant with any payment or other form of consideration. Participant agrees to execute any document reasonably required by Promoter to effectuate the terms hereof, and failure to do so shall give rise to Promoter’s right to execute any and all such documents as Participant’s attorney-in-fact, which right shall be coupled with an interest and therefore, irrevocable. 

Release 

Subject to applicable law, by entering into a Giveaway and potentially receiving a Prize, each Participant agrees to release, discharge, and hold harmless Promoter, along with Promoter’s employees, officers, directors, affiliates, partners, agents and assigns, from and against any claim, cause of action, demand, or proceeding (each, a “Claim”), and any resultant loss, injury (including death), cost, expense, fee, fine, penalty, or other loss or expense of any kind, including attorneys’ fees (each, a “Loss”), relating to or arising directly or indirectly out of his or her participation in a Giveaway (or related activity such as a press release), and/or Promoter’s right to exploit Participant’s name and/or likeness or fully exploit any other right granted to it hereunder, and/or from Participant’s receipt, use, or misuse of any Prize, no matter how such Claim or Loss arises (including without limitation, if arising out of any damage to a Participant’s computer system from downloading or using material from Promoter’s, or an affiliate of Promoter’s, website). 

Limitation of Liability 

IN NO EVENT WILL PROMOTER, AND/OR PROMOTER’S PARENT, SUBSIDIARY, LICENSEES, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, ASSIGNS, AFFILIATES, OR RELATED COMPANIES (COLLECTIVELY WITH PROMOTER, THE “PROMOTER PARTIES”), BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS) ARISING OUT OF ANY PARTICIPANT’S PARTICIPATION IN THE GIVEAWAY, THESE OFFICIAL RULES, AND/OR ANY PARTICIPANT’S RECEIPT, USE, OR MISUSE OF A PRIZE, NO MATTER UNDER WHAT THEORY ARISING, EVEN IF ANY PROMOTER PARTY HAS BEEN ADVISED OF THE POSSIBLY OF SUCH DAMAGES. PROMOTER PARTIES’ ENTIRE LIABILITY WITH RESPECT TO: ANY PARTICIPANT’S PARTICIPATION IN THE GIVEAWAY, THESE OFFICIAL RULES, AND/OR ANY PARTICIPANT’S RECEIPT OF A PRIZE SHALL BE LIMITED TO $500. SOME JURISDICTIONS MAY NOT ALLOW THE AFOREMENTIONED LIMITATIONS OR EXCLUSIONS OF LIABILITY, AND AS SUCH, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

Use of Collected Materials and Information 

Promoter will be collecting, storing, and exploiting personal data about Participants to administer the Giveaway and exercise its rights hereunder, including, without limitation, those relating to marketing and publicity. By entering the Giveaway, Participants agree to Promoter’s collection and use of their personal information. Promoter will not disclose any Participant’s personal information to any non-affiliated third party. Promoter may contact Participants for marketing purposes by e-mail regarding Promoter’s products, offers, and services. Participants consent to be contacted in such manner by entering the Giveaway. For more information on Promoter’s handling of personal information, see Promoter’s Privacy Policy, a copy of which can be found at the following link: https://toughbuilt.com/privacy-policy.

Governing Law and Jurisdiction 

All issues and questions concerning the construction, validity, interpretation, and enforceability of these official rules or the rights and obligations of participants or promotor in connection with the Giveaway shall be governed by and construed per the internal laws of the State of California without giving effect to any choice of law of conflict of law rules or provisions that would cause the application of any other state’s laws.

Dispute Resolution and Arbitration 

By participating in this Giveaway, each Participant agrees: (i) that any and all disputes the entrant may have with, or claims entrant may have against, Promoter relating to, arising out of or connected in any way with (a) the Giveaway, (b) the awarding or redemption of any prize, and/or (c) the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (ii) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (iii) the arbitration shall be held in Orange County, California; (iv) the arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules; (v) the arbitrator shall apply California law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (vi) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only Participant’s and/or Promoter’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (vii) the arbitrator shall not have the power to award punitive damages against the Participant or Promoter; and (viii) with the exception of subpart (vi) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (vi) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither Participant nor Promoter shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.

Winner’s List 

For a list of the Winner, send a self-addressed, stamped envelope to ToughBuilt Industries, 8669 Research Drive, Irvine, California 92618, with your request.

Promoter 

The Giveaway is sponsored by ToughBuilt Industries, Inc., 8669 Research Drive, Irvine, California 92618.