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ROUSSEAU'S 9-5 TOOLBOX SWEEPSTAKES

OFFICIAL SWEEPSTAKES RULES

NO PURCHASE NECESSARY TO ENTER OR WIN. YOU MUST HAVE INTERNET ACCESS TO ENTER THIS SWEEPSTAKES.

By entering the Rousseau’s 9-5 Toolbox Sweepstakes (the “Sweepstakes"), entrants agree to abide by these Official Rules. The decisions of the Sponsor with respect to all aspects of the Sweepstakes are final. The information you provide will only be used to administer the Sweepstakes in accordance with the Sponsor’s privacy policy.

1. SPONSOR/SWEEPSTAKES PERIOD: This Sweepstakes is governed by these official Sweepstakes rules (the “Official Rules”). VOID WHERE PROHIBITED. The Sweepstakes is sponsored by Rousseau Métal (the "Sponsor"). The Sweepstakes starts at 9:00:00 AM Eastern Time (“ET”) on November 2, 2021 and closes at 11:59:59 PM ET on December 26, 2021 (the “Sweepstakes Period”). All references in these rules are Eastern Time, which shall control for all purposes of this Sweepstakes.

2. ELIGIBILITY: Sweepstakes is open only to (i) legal residents of Canada who have reached the age of majority in their province or territory of primary residence at time of entry and (ii) legal residents of the United States residing in the fifty (50) United States and the District of Columbia (for greater certainty, this excludes Puerto Rico, the U.S. Virgin Islands and other U.S. territories and possessions) who are at least eighteen (18) years of age and the age of majority in their state of residence at the time of entry. Employees of the Sponsor, its affiliated partners, agents, distributors, their respective advertising or promotional agencies, or the independent contest organization (such entities, collectively, the “Promotion Entities”) or members of any such employee’s immediate family (regardless of where they live) or persons with whom such employees reside (whether related or not) are ineligible to enter or win. “Immediate family” includes spouses or domestic partners and parents, siblings, children and their spouses and domestic partners. You must have a valid email address to participate. Entries received on-line shall be deemed to be submitted 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 e-mail address by an internet access provider, on-line 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. Illegible and/or incomplete entries will not be accepted.

3. HOW TO ENTER: Visit https://www.rousseau.com/int_en/contest or https://www.rousseau.com/auto_int_en/contest (the “Sweepstakes Website”) and complete the entry form (the “Entry Form”) with your full name, complete mailing address (including zip code or postal code), daytime telephone number (including area code), and a valid email address. Next, confirm that you have read and agree to these Official Rules and indicate whether you would like to receive information about future promotions and new products from the Sponsor (optional). Click submit and you will automatically receive one (1) entry (the “Entry”) into the applicable Weekly Prize draw (see rule 7) & the Grand Prize draw (See rule 6).

Entries must be received by the Sweepstakes Website by 11:59:59 PM ET on December 26, 2021 (the “Sweepstakes Closing Date”) to be entered into the Grand Prize draw (see rule 5) (the “Sweepstakes Closing Date”). A person may only use one (1) email address to enter the Sweepstakes. Any person who is found to have entered in a fashion not sanctioned by these Official Rules and/or has submitted more than the number of Entries permitted by these Official Rules will be disqualified and all Entries submitted by that individual will be void. Proof of transmission (screenshots or captures, etc.) does not constitute proof of delivery. Entries generated by script, macro, robotic, programmed, or any other automated means are prohibited and will be disqualified.

4. WEEKLY PRIZE PERIODS: The Sweepstakes will consist of eight (8) weekly prize periods (each a “Weekly Prize Period”) which are as follows: 

 

Weekly Prize Period

Start and End Date

Weekly Draw Dates

1

Starts on November 2, 2021, and ends on November 7, 2021

November 10, 2021

2

Starts on November 8, 2021, and ends on November 14, 2021

November 17, 2021

3

Starts on November 15 2021, and ends on November 21, 2021

November 24, 2021

4

Starts on November 22, 2021, and ends on November 28, 2021

December 1, 2021

5

Starts on November 29, 2021, and ends on December 5, 2021

December 8, 2021

6

Starts on December 6, 2021, and ends on December 12, 2021

December 15, 2021

7

Starts on December 13, 2021, and ends on December 19, 2021

December 22, 2021

8

Starts on December 20, 2021, and ends on December 26, 2021

December 29, 2021

There is a limit of (1) Entry per person per Weekly Prize Period for a total maximum of eight (8) Entries during the Sweepstakes Period.

5. PRIZES: There is a total of one (1) grand prize and eight (8) weekly prizes available to be won (collectively referred to as the “Prizes” or “Prize”) throughout the Sweepstakes Period which are as follows:

I. GRAND PRIZE: There is one (1) grand prize available to be won (the “Grand Prize”) consisting of one (1) R Heavy-Duty ToolBox (the “Toolbox”) and a selection of maintenance products from Silverwax. The Toolbox specifications are as follows: 48“W x 24“D x 41 ½“H, 5 drawers with integrated lock-in mechanism, partition / dividers and PVC liners included in the drawers, painted steel top with rubber mat, 6“ heavy-duty casters and side handle. Central locking mechanism on the housing and one-drawer at-a-time security mechanism included. Shipping is included. The total approximate retail value (the “ARV”) of the Grand Prize is $3,000.00 (including shipping). The winner will be able to customize the Grand Prize with any of Rousseau Metal’s 20 standard colors. Installation not included. No cash substitute will be awarded. If the Winner would like additional accessories or options, they must purchase through a distributor. The Grand Prize must be installed and assembled according to the manufacturer’s assembly guide and recommendations. PLEASE NOTE: The Winner is responsible for all federal, state, and local taxes on the Grand Prize and any expenses not specified relating to the acceptance and use of a Grand Prize.

II. WEEKLY PRIZES: There is a total of eight (8) weekly prizes (each a “Weekly Prize”) available to be won during the Sweepstakes Period with one (1) Weekly Prize awarded per Weekly Prize Period. Each Weekly Prize consists of a Rousseau Metal swag pack consisting of one (1) sports bag, one (1) baseball cap, one (1) Tuque, and one (1) coffee mug. The total ARV of each Weekly Prize is $75.00. Limit of one (1) Weekly Prize per person.

The Prize must be accepted as awarded without substitution, is not transferable, not for resale and has no cash surrender value. The approximate retail value of each Prize is based on US or Canadian currency as the cost of the Prize is equal in both Countries. The Sponsor reserves the right, in the event that a Prize or any component of a Prize cannot be awarded as described, or becomes unavailable for any reason, to substitute another Prize or component of a Prize of equal or greater value.

6. GRAND PRIZE DRAW: One (1) Grand Prize random draw (the “Grand Prize Draw”) will be held on January 5, 2022 at approximately 11:30 AM ET (the “Grand Prize Draw Date”) at the office of the independent contest organization in Oakville, ON to determine the selected entrant from among all eligible Entries received by the Sweepstakes Closing Date. Odds of winning depend on the total number of eligible Entries received by the Sweepstakes Closing Date.

7. WEEKLY PRIZE DRAW: A random draw will be held at approximately 2:00 PM (ET) in Oakville ON, on each Wednesday following the end of the relevant Weekly Prize Period (as defined in rule 4) from among all eligible Entries received during each Weekly Prize Period to determine the one (1) Weekly Prize selected entrant. The odds of winning a Weekly Prize depend on the total number of eligible Entries received during the applicable Weekly Prize Period. PLEASE NOTE: Entries will NOT be rolled over into the following Weekly Prize Period.

8. WINNER NOTIFICATION (for Canadian Residents ONLY): The selected entrant will be contacted by telephone and/or email within three (3) business days of the applicable Draw Date (the “Notification”). To be declared a Prize Winner, the selected entrant must answer correctly, without assistance of any kind, whether mechanical or otherwise, a mathematical skill-testing question. The selected entrant will also be required to sign a Declaration and Release Form (the “Release Form”) confirming compliance with the Official Rules, acceptance of the Prize as awarded, without substitution, and releasing the Sponsor, its dealers, agents, affiliated and related companies, advertising and promotional agencies, the independent contest organization and their respective shareholders, directors, officers, employees, agents, dealers, representatives, successors and assigns (collectively, the “Releasees”) from any liability in connection with the Prize or this Sweepstakes. The Release Form must be returned within five (5) business days or the Prize may be forfeited. The Sponsor shall have no liability if the notification is lost, intercepted or not received by the selected entrant for any reason including but not limited to if the Notification is returned as unclaimed or undeliverable. If the selected entrant (a) cannot be reached by telephone and/or email within five (5) business days of Notification; (b) fails to correctly answer the skill testing question; or (c) fails to return the properly executed Release Form within the specified time, then he/she will be disqualified and another entrant will be randomly selected until such time as contact is made by telephone and/or email with a selected entrant or there are no more eligible Entries, whichever comes first. Upon receipt of the completed Release Form and of the skill testing question correctly answered, the Grand Prize will be delivered to the winner at the address as it appears on the Entry Form by the Sponsor within three (3) months and the Weekly Prize will be delivered to the winner at the address as it appears on the Entry form by the Sponsor within four (4) to six (6) weeks.

9. WINNER NOTIFICATION (for US Residents ONLY): Any potential Prize Winner will be notified by telephone and/or email at the Sponsor’s discretion using the contact information provided at the time of entry. If a Potential Winner is determined to be less than eighteen (18) years of age or less than the age of majority in his/her state of residence or ineligible for any other reason, then the Potential Winner will be disqualified and an alternate winner will be selected. The Sponsor shall have no liability if the winner notification is lost, intercepted or not received for any reason. If, despite reasonable efforts, a Potential Winner does not respond within five (5) business days of the first notification attempt, or if a Prize or Prize notification is returned as unclaimed or undeliverable, such Prize will be forfeited and an alternate potential winner will be randomly selected. If a Potential Winner is found to be ineligible for, or declines the Prize for any reason prior to award, the Potential Winner will be disqualified and an alternate winner will be randomly selected. To be declared a Grand Prize winner, the selected entrant will be required to complete a Declaration of Eligibility and Liability Release and, as permitted by law, a Publicity Release (a “Declaration/Release”), and must be returned within five (5) business days along with any other documentation that the Sponsor may require and to be declared a Weekly Prize winner, the selected entrant must respond to the winner notification within five (5) business days with their mailing address, or the Potential Winner will be disqualified and another entrant will be randomly selected until such time as contact is made by telephone and/or email with a Potential Winner or there are no more eligible entries, whichever comes first. Upon receipt of the completed Declaration/Release, the Grand Prize will be delivered to the winner at the address as it appears on the Declaration/Release by the Sponsor within three (3) months of confirmation of eligibility. Upon confirmation of the Weekly Prize winner’s mailing address, the Weekly Prize will be shipped within four (4) to six (6) weeks by the Sponsor.

10. GENERAL LIABILITY RELEASE/FORCE MAJEURE: Entrants agree that the Promotion Entities and each of their respective officers, directors and employees (A) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Sweepstakes or any Sweepstakes-related activity or from entrants’ acceptance, receipt, possession and/or use or misuse of any Grand Prize, and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any Grand Prize, including, without limitation, to such Grand Prize’s quality or fitness for a particular purpose. The Promotion Entities assume no responsibility for any damage to an entrant’s or any other person’s computer system or wireless phone which is occasioned by accessing the Website or otherwise participating in the Sweepstakes, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, the Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen entries, email or mail or Grand Prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. The Sponsor reserves the right, in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Sweepstakes or the Website, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten or harass any other person, and the Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted. The Sponsor reserves the right, the consent of the Régie des alcools, des courses et des jeux (the “Régie”), to modify, suspend, or terminate the Sweepstakes, with the if they determine, in their sole discretion, that the Sweepstakes is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Sweepstakes In such event the Sponsor is prevented from awarding Grand Prize or continuing with the Sweepstakes as contemplated herein by any event beyond their control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state/province or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within the Sponsor’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, If the Sweepstakes is terminated or suspended before the Sweepstakes Closing Date, notice thereof will be posted on the Sweepstakes Website and the Sponsor will (if possible) select the winner in a random drawing from all eligible, non-suspect entries legitimately received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. 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 shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. The Sponsor reserves the right to correct clerical or typographical errors in promotional materials or these rules.

11. By entering and/or accepting a Prize, the winner consents to the use of his/her name, address (city and state or province) and/or photograph (applicable only for the Grand Prize) without further compensation, in connection with any publicity carried out by or on behalf of the Sponsor with respect to this Sweepstakes, except to the extent prohibited by law.

12. GOVERNING LAW-RESIDENTS OF THE UNITED STATES ONLY: This Sweepstakes shall be governed by the laws of the State of New York. Except where prohibited, each Entrant agrees that: (1) any and all disputes, claims and causes or action arising out of or connected with the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in New York; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees; and (3) no punitive, incidental, special, consequential or other damages, including without limitation lost profits may be awarded (collectively, “Special Damages”), and (4) Entrant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased. New York law, without reference to New York’ choice of law rules, governs the Sweepstakes and all aspects related thereto.

13. GOVERNING LAW- RESIDENTS OF CANADA ONLY: All issues and questions concerning the construction, validity, interpretation, and enforceability of the Official Rules, or the rights and obligations of Entrants and the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with (i) the laws of the Province of Québec and the laws of Canada applicable therein in respect of residents of the Province of Québec, and (ii) the laws of the Province of Ontario and the laws of Canada applicable therein in respect of residents of the other Canadian provinces/territories, without regard to conflicts of law principles. Any attempt by a participant or any other individual to deliberately damage any website or undermine the legitimate operation of the Sweepstakes could be a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. This Sweepstakes is subject to all federal, provincial, territorial and municipal laws.

14. The Sponsor reserves the right, with the consent of the Régie in the Province of Québec, to terminate or amend this Sweepstakes at any time and in any way, without prior notice. Without limiting the foregoing, if, for any reason, the Sweepstakes is not capable of running as originally planned, such as tampering, the Sponsor reserves the right, with the consent of the Régie, to cancel the Sweepstakes.

15. For Québec residents only: Any litigation respecting the conduct or organization of a publicity Sweepstakes may be submitted to the Régie for a ruling. Any litigation respecting the awarding of a Grand Prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement.

16. All entries become the permanent property of the Sponsor and none will be returned.

17. For the winner’s list, send a self-addressed, send a self-addressed, first-class stamped envelope (U.S residents only) by March 1, 2022 to: Rousseau’s 9-5 Toolbox Sweepstakes -Winners List request, dept #4228, PO Box 23268, Rochester, NY, 14692.

18. The Sponsor respects your right to privacy. Personal information collected from entrants will only be used by the Sponsor to administer the Sweepstakes and, only if consent is given at the time of entry, to provide the entrants with information regarding upcoming promotions and/or events from the Sponsor and its affiliates. By entering the Sweepstakes, all entrants consent to the manner of collection, use and disclosure of personal information as set out in the Sponsor’s privacy policy, which is available at www.rousseau.com.

19. Sponsor. The Sponsor of the Sweepstakes is: Rousseau Métal, 105, avenue de Gaspé Ouest St-Jean-Port Joli (Québec), Canada G0R 3G0

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