The Fixable Corp., Inc.
“Milwaukee Toolset” Sweepstakes
OFFICIAL RULES
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
The “Milwaukee Toolset” Sweepstakes (the “Sweepstakes”) is intended for legal residents of the United States of America (“USA”) or Canada and shall only be construed and evaluated according to USA law, Canadian law, and applicable state/province law. Do not enter these Sweepstakes if you are not located in the USA or Canada at the time of entry. By participating, Entrants agree to abide by and be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all matters relating to the Sweepstakes. The for-profit professional fundraiser elements of the Sweepstakes will be solely executed under the authority of Sponsor. Winning the Grand Prize (as defined below) is contingent upon fulfilling all requirements set forth herein.
SPONSOR: Sweepstakes is sponsored by The Fixable Corporation, 155 St. Nicholas Ave, Brooklyn NY 11237
ELIGIBILITY: Entrants must be a legal resident of the USA or Canada who has reached the age of majority in their state/province of permanent residence at the time of entry (“Entrant”). Employees of Sponsor, the Administrator, their immediate families (parent, child, sibling or spouse) and/or household members and any other persons or entities associated with this Sweepstakes are ineligible to enter or win. Void in Puerto Rico, U.S. territories, and where prohibited or restricted by law.
FIVE WAYS TO ENTER: The Sweepstakes begins at 12:00:01 a.m. Eastern Time (“ET”) on Jan 11, 2023 and ends at 11:59:59 p.m. ET on March 11, 2023 (“Sweepstakes Period”). The Sponsor’s computer is the official time-keeping device for the Sweepstakes. Methods of entry are as follows:
1). Ask Questions to the Fixable AI Engine: Earn one (1) entry for every (1) home improvement question proposed on the www.fixable.ai site. Entrants must create a Free Fixable account for questions to be counted. For every unique question asked, and Feedback given, the entrant will receive 1 entry.
2). Fixable Account Registration:
#1: Existing users that have a Free Fixable account prior to the start of the Sweepstakes Period will be automatically entered into the Sweepstakes and receive 1 entry.
#2: New Fixable members that properly complete the member registration will receive 5 entries. Limit of one (1) registration per person allowed. All entries must be received by 11:59:59 p.m. ET on March 11, 2023.
3). Social Media: Earn a maximum of fifty (50) additional entries in response to up to ten (10) special posts/videos that will be posted to Instagram throughout the Sweepstakes Period. During the Sweepstakes period:
A. SHARE OUR POST and TAG US (@totallyfixable) on a special post on the Fixable Instagram page and earn five (5) Sweepstakes entries. Eligible special posts to be identified by Fixable. Maximum of ten (10) entries per person/handle during the Sweepstakes Period.
b. REPOST a special Fixable Instagram Post/Story during the Sweepstakes Period and earn ten (10) Sweepstakes entries. Eligible special posts to be identified by Fixable. Maximum of five (5) entries per person/handle during the duration of the Sweepstakes Period.
c. FOLLOW Fixable (@totallyfixable) on Instagram to earn ten (10) Sweepstakes entries.
4) 1). Embed Fixable AI on your business site: Earn one hundred (100) entries for creating an account on www.fixable.ai site and embedding the tool onto your site.
5). Mail-in: Entrants also have the option to obtain ten (10) Sweepstakes entries via mail by legibly hand-printing, on a 3”x 5” card or paper, their full name, complete mailing address, phone number, and email address, and mailing the card in a handprinted #10 envelope, with proper postage affixed, to: The Fixable Corp. ℅ Sweepstakes 155 St. Nicholas Ave. Brooklyn, NY 11237. Requests for confirmation of receipt of mail-in entries will not be acknowledged. You may submit as many postal entry requests as you wish, but each request must be mailed separately. In the event a postmark date falls on a Sunday or federal holiday, the mail-in entry must be postmarked on the following business day. On the back of the card, in thirty-six (36) words or more, hand-write a response to the following question: “How can Fixable AI help Home Improvement?” All mail-in entries must be postmarked by March 8, 2023 and received by March 10, 2023. Each mail-in entry received with be worth five (5) Sweepstakes entries.
NOTE: Mail-in entry card and envelope must be hand printed by the Entrant only. In addition, Entrants are not permitted to use any 3rd party organization to assist with the entry process in any way (as determined by the ADMINISTRATOR). Each Envelope must be mailed individually. Bulk shipments of entries will not be accepted.
All required information must be provided to enter and to be eligible to win. Incomplete entries will be disqualified. Released Parties (defined below) are not responsible for: late, incomplete, incorrect, delayed, garbled, undelivered, misdirected, postage-due entries or mail. Photocopied, illegible, or mechanically reproduced entries are not eligible. All entries become the exclusive property of Sponsor and will not be acknowledged or returned. By participating, you consent for Sponsor to obtain, use, and transfer your name, address and other information for the purpose of administering this Sweepstakes and for other purposes as set forth below.
Proof of entering information at the Website is not considered proof of delivery to or receipt by Sponsor of an entry. Internet entries must be made by the Entrant only at the Website. Entries made by any other individual or any entity, and/or originating at any other website or email address, including, but not limited to, commercial Sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Sweepstakes. The use of automated entry devices is prohibited, and no mechanically reproduced entries are allowed; all such entries are void.
Throughout the Promotion Period, the Sponsor may announce Bonus Entries on www.fixable.ai and/or on its social media pages (@totallyfixable) providing opportunities to earn additional entries (“Bonus Entry Periods”). As such, Entrants will receive multiple entries as designated by the Sponsor’s Multiplier from time to time. Example: Earn ten (10) entries (Multiplier) for every $1.00 spent.
NOTE: “ANY FRAUDULENT ACTIVITY IN CONNECTION WITH THIS PROMOTION IS STRICTLY PROHIBITED. IT IS FRAUDULENT TO PURCHASE ITEMS TO OBTAIN ENTRIES WITH THE INTENT TO RETURN THESE ITEMS AFTER THE PROMOTION. IF THE SPONSOR IDENTIFIES OR SUSPECTS THAT YOU ARE ENGAGED IN THIS OR ANY OTHER FRAUDULENT ACTIVITY, YOU WILL BE DISQUALIFIED AND BANNED FROM ANY FURTHER SWEEPSTAKES OR PROMOTIONS OFFERED BY THE SPONSOR.”
GENERAL CONDITIONS: If for any reason the operation or administration of this Sweepstakes is impaired or incapable of running as planned for any reason, including but not limited to (a) infection by computer virus, bugs, (b) tampering, unauthorized intervention, (c) fraud, (d) technical failures, or (e) any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Sweepstakes in whole or in part, at any time, without notice and award the Grand Prize (defined below) using all non-suspect eligible entries received as of, or after (if applicable) this cancellation, termination, modification or suspension date, or in any manner that is fair and equitable and best conforms to the spirit of these Official Rules. Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be (a) tampering or attempting to tamper with the entry process or the operation of the Sweepstakes or Sponsor’s Website; or (b) acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE; THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON (S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to the identity of a Winner based on an email address, the winning entry will be declared by the authorized account holder of the email address submitted at the time of entry. "Authorized account holder" is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Sweepstakes, Entrants agree to release and hold harmless the Sponsor, Instagram, YouTube and Administrator (collectively, the “Released Parties”) from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any Prize, including, but not limited to: (i) any technical errors that may prevent an Entrant from submitting an entry; (ii) unauthorized human intervention in the Sweepstakes; (iii) printing errors; (iv) errors in the administration of the Sweepstakes or the processing of entries; or (v) injury, death, or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Sweepstakes or receipt of the Grand Prize (defined below). Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Released Parties are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer online systems, servers, or providers, computer equipment, software, failure of any email or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any Website, or any combination thereof, including any injury or damage to Entrant's or any other person's computer relating to or resulting from participation in this Sweepstakes or downloading any materials in this Sweepstakes. Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Released Parties be liable for attorney fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. For New Jersey Residents: nothing herein bars recovery of damages or attorneys’ fees where mandated by statute.
Except as expressly provided above, IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) ARISING OUT OF PARTICIPATION IN THIS SWEEPSTAKES OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF A PRIZE.
By participating, Entrants release and agree to hold harmless the Released Parties from any and all liability for any injuries, death or losses or damages to persons or property AS WELL AS CLAIMS/ACTIONS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY that may arise from participating in this Sweepstakes or its related activities or the acceptance, possession, use or misuse of, or any harm resulting from the acceptance, possession, use or misuse of a Prize. Released Parties are not liable in the event that any portion of the Sweepstakes is canceled due to weather, fire, strike, acts of war or terrorism, pandemic, or any other condition beyond their control.
RELEASE OF CLAIMS (CALIFORNIA): Entrant acknowledges that there is a possibility that, subsequent to their involvement with the Sweepstakes and adherence to these Official Rules may discover or incur or suffer claims which were unknown or unsuspected at the time agreeing to these Official Rules, and which if known to them at that time may have materially affected their decision to enter this Sweepstakes. Entrants acknowledge and agree that by reason of these Official Rules, and the release contained in the preceding subsections, they are assuming any risk of such unknown facts and such unsuspected claims. Entrants acknowledge that they have read these official Rules and, as such, hereby have been advised of the existence of Section 1542 of the California Civil Code, which provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would materially affect his or her settlement with the debtor or released party.” Entrants expressly waive any and all rights under California Civil Code Section 1542 and under any other federal or state statute or law of similar effect.
DRAWING AND NOTIFICATION: The Prize drawing will be conducted by the Administrator, whose decisions are final in all matters relating to these Sweepstakes. The Prize drawing will take place on or about March 11, 2023. Odds of winning the Prize will depend on the total number of eligible entries received during the Sweepstakes Period. The potential Prize Winner will be notified by the Administrator via phone, email and/or USPS mail, or other home delivery service of Sponsor’s choice. Sponsor reserves the right to substitute a prize of equal or greater value.
Fraud Alert - If you are selected as a potential winner of “Fixable’s Milwaukee Toolset” Sweepstakes, you will be contacted by Fixable by phone and email. Never provide any credit card, bank information or a payment of any kind as a condition of a prize award. Winners are never contacted through social media. You can file a complaint with the FTC at www.Reportfraud.ftc.gov or by calling 877-382-435. All winner announcements are done via only our verified social accounts. We will only make the announcement on these channels and it will be a live phone call on the announcement date. That date will be announced by email, text and social!
PRIZE: The Grand Prize Winner (“Winner”), upon the Administrator’s confirmation of eligibility, will receive a choice between:
M12 FUEL 12-Volt Lithium-Ion Brushless Cordless Hammer Drill and Impact Driver Combo Kit w/2 Batteries and Bag
MILWAUKEE M12 FUEL 2-Tool Combo Kit has the Most Powerful Subcompact Drill, the Fastest Driving Subcompact Impact Driver while being the overall Most Compact Drill and Impact Driver. Includes MILWAUKEE M12 FUEL 1/2" Drill Driver, M12 FUEL 1/4" Hex Impact Driver, M12 REDLITHIUM XC 4.0Ah Battery Pack, M12 REDLITHIUM CP 2.0Ah Battery Pack, with an M12 charger and a contractor bag. The M12 FUEL 1/2" Drill/Driver is the Most Powerful Subcompact Drill Driver, the most compact in size, and has the fastest speed under load. The POWERSTATE brushless motor delivers the most power on the widest variety of applications. The portable drill is the shortest solution in its class offering maneuverability and access to tight spaces. MILWAUKEE REDLINK PLUS Intelligence delivers top-of-the-line thermal performance to give users the Fastest Speed Under Load. MILWAUKEE M12 FUEL 1/4" Hex Impact Driver is the Fastest Subcompact Impact Driver, the Most Compact, and provides Maximum Workspace Visibility. At 5" long and 7.6" tall (with M12 CP 2.0 Ah battery), this solution is the most overall compact impact driver in its class. Tri-LEDs surround the bit accessory with brighter lights and fewer shadows providing maximum visibility. Using M12 REDLITHIUM 2.0Ah compact and 4.0Ah extended capacity battery packs will deliver more work per charge. The M12 FUEL Impact Driver and M12 FUEL 1/2" Drill Driver are part of MILWAUKEE M12 System which is fully compatible with over 125 solutions.
Prize will be delivered to Winner “As Is.” Any upgrades or other options are at the sole expense of the Winner. Sponsor does not make, nor in any manner is responsible or liable for any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to the Prize including but not limited to its quality, fitness for purpose or mechanical condition. Winner must take delivery of prize within thirty (30) days of notification from Sponsor. Pictures displayed or other representations of any used in connection with this Sweepstakes are not depictions or promises of the Prize which may differ substantially. No substitution or transfer of Prize will be permitted, except by the Sponsor, who reserves the right at its sole discretion to substitute a Prize with another Prize of equal or greater value. All other expenses associated with Prize acceptance not mentioned herein are the sole responsibility of the Winner. The value of the Prize set forth above represents Sponsor’s good faith determinations of the ARV thereof and such determinations are final and binding and cannot be appealed. If actual value of a Prize is lower than the stated ARV when Prize is procured and fulfilled, then the difference will not be awarded. All other expenses associated with Prize acceptance or usage not specifically mentioned herein are the responsibility of the Winner.
PRIZE CONDITIONS: By accepting the Prize, the Prize Winner agrees to release and hold harmless the Released Parties, each of their related companies, and each of their respective officers, directors, employees, shareholders, and agents from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of the Prize. The potential Prize Winner must sign and return to the Administrator, within five (5) days of the date of notice or attempted notice is sent, an Affidavit of Eligibility, Liability & Publicity Release (if U.S. resident) or a Declaration of Compliance (if Canadian resident) (where legal and where required) in order to claim the Prize. Note: The Affidavit sent will require that the Winner provide their Social Security Number to the Administrator, which will be used solely for tax reporting purposes. The Prize Winner will be responsible for all local, state, and federal taxes associated with the receipt of the Prize. The Prize Winner must note that the value of their accepted Prize is taxable as income and an IRS Form 1099 will be filed in the name of the Winner for the value of the Prize (applicable to US Winner only) and is solely responsible for all matters relating to the Prize after it is awarded. If a Prize or prize notification is returned as unclaimed or undeliverable to a potential Winner, if the potential Winner cannot be reached within two (2) business days from the first notification attempt, or if a potential Winner fails to return requisite document(s) within the specified time, or if a potential Winner is not in compliance with these Official Rules, then such person shall be disqualified and, at Sponsor’s sole discretion, an alternate Winner may be selected.
ENTRANT’S AGREEMENT: By accepting the Prize, where permitted by law, the Prize Winner grants to the Released Parties and those acting pursuant to the authority of Sponsor and the Released Parties (which grant will be confirmed in writing upon Sponsor’s request), the right to print, publish, broadcast and use worldwide IN ALL MEDIA without limitation at any time their name, portrait, picture, voice, or likeness for advertising, trade and promotional purposes without further payment or additional consideration, and without review, approval or notification.
IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) ARISING OUT OF PARTICIPATION IN THESE SWEEPSTAKES OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE.
By participating, Entrant’s release and agree to hold harmless the Released Parties from any and all liability for any injuries, death or losses or damages to persons or property AS WELL AS CLAIMS/ACTIONS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY that may arise from participating in this Sweepstakes or its related activities or the acceptance, possession, use or misuse of, or any harm resulting from the acceptance, possession, use or misuse of the Prize. The Grand Prize Winner also acknowledges that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prize.
USE OF DATA: All information submitted by Entrants will be treated according to Sponsor’s privacy policy, available at https://www.fixable.app/privacy By participating in the Sweepstakes and providing your email address or any other applicable contact information, Entrants hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s Privacy Policy. https://www.fixable.app/tos
DISPUTES: By entering the Sweepstakes, Entrants agree that 1.) Any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action; 2.) Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes but in no event attorneys' fees; and 3.) Under no circumstances will any Entrant be permitted to obtain any award for, and Entrant hereby waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrants and Sponsor or the Released Parties in connection with the Sweepstakes, shall be governed by, and construed in accordance with United States law the law of California. Any legal proceedings arising out of this Sweepstakes or relating to these Official Rules shall be instituted only in the federal or state courts of serving California and Entrants, and the party’s consent to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to these Official Rules. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
WINNER LIST REQUEST: To request confirmation of the name, city, and state of residence of the Prize Winner, please send a self-addressed, stamped business-size envelope, by March 31, 2023, to: The Fixable Corp., c/o “Sweepstakes Winners List Request” 155 St Nicholas Ave., Brooklyn NY 11237
These Sweepstakes are in no way sponsored, endorsed, or administered by, or associated with, Instagram, YouTube, Facebook, Google, Apple, or by any prize manufacturer, Sponsor or Participant in this Giveaway with no implied endorsement.
These Official Rules may not be copied, edited, or used for any other purpose, commercial or otherwise, without the express written consent of Sponsor.