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BOSCH HAS YOUR BACK SWEEPSTAKES

OFFICAL RULES

PLEASE READ THESE OFFICIAL RULES CAREFULLY BEFORE PARTICIPATING IN THE SWEEPSTAKES (AS DEFINED BELOW).

THESE OFFICIAL RULES INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO THESE OFFICIAL RULES, THE SWEEPSTAKES, AN ENTRY, OR OTHERWISE WITH SPONSOR (AS DEFINED BELOW) TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT OR BEFORE A JURY. IF YOU WANT TO OPT-OUT OF THIS MANDATORY ARBITRATION AGREEMENT, THE “ALTERNATIVE DISPUTE RESOLUTION AGREEMENT” SECTION BELOW DESCRIBES THE PROCEDURES YOU MUST FOLLOW TO DO SO.  THAT SECTION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION.

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES.  A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

SWEEPSTAKES PERIOD & SWEEPSTAKES DESCRIPTION: The Bosch Has Your Back Giveaway (the “Sweepstakes”) commences at 12:00 AM Central Time on Thursday, April 9, 2020, and ends at 11:59:59 PM Central Time on Monday, April 13, 2020 (the “Sweepstakes Period”). The Sweepstakes provides eligible individuals, as described in the “ELIGIBILITY” section below (each, a “Nominator” and collectively, the “Nominators”) with the opportunity to nominate an individual who (i) works in the trades, (ii) is working through the crisis, (iii) could use support from us during this time, and (iv) otherwise meets the eligibility criteria as detailed herein (each such person, a “Nominee”) for a chance to win a prize, as described herein. Nominators must enter during the Sweepstakes Period via [INSERT PLATFORM] as described in the “HOW TO ENTER” section below.

SPONSOR:  This Sweepstakes is sponsored by Robert Bosch Tool Corporation, a Delaware corporation with its principal place of business at 1800 W. Central Road, Mount Prospect, IL 60056 (“Sponsor”), and is in no way sponsored, endorsed or administered by, or associated with, Instagram.

ELIGIBILITY:  As of the Entry date, Nominators and Nominees must be (a) legal residents of the fifty (50) United States and the District of Columbia (excluding every national, state, local or other jurisdiction in which it is prohibited or restricted by any law, statute, regulation or other appropriate authority, and in particular Puerto Rico, U.S. Virgin Islands, U.S. territories, and U.S. military installations in a foreign country), and (b) the greater of eighteen (18) years old or have reached the age of majority in the jurisdiction where the individual resides. Employees of Sponsor and their immediate family members (parents, children, siblings or spouse, regardless of where they live) or person living in the same household (whether related or not) and its affiliates, advertising and promotion agencies are not eligible to participate as Nominators or Nominees. The Sweepstakes is subject to all applicable federal, state, municipal and local laws and regulations. This Sweepstakes is void where prohibited or restricted by law.

Nominator and Nominee must be a registered user of Instagram and able to receive direct messages from the Sponsor’s Instagram profile. Registration on Instagram is free and can be obtained at Instagram.com.

HOW TO ENTER:  During the Sweepstakes Period Nominator may enter the Sweepstakes by following the steps set forth below. Each entry shall be considered an “Entry” under this Sweepstakes and all such entries shall together constitute “Entries” under this Sweepstakes.

1. Nominator must visit instagram.com and either (a) log in to his/her Instagram account or (b) create a free Instagram account if Nominator do not already have one (please note that Nominator must agree to Instagram’s terms and conditions), and view the post announcing the Sweepstakes on the @boschtoolsna Instagram account (the “Announcement”).

2. Nominator must leave a comment on the Announcement post with the hashtag #BoschHasYourBackGiveaway, tagging his/her Nominee by @ mention (i.e., with the Nominee’s Instagram handle) and explaining why Nominator is nominating him or her. Nominee must be someone who (i) works in the trades, (ii) is working through the crisis, (iii) could use support from us during this time, and (iv) otherwise meets the eligibility criteria as detailed in these Official Rules. Nominators must only nominate individuals with whom they have a personal relationship and Nominators must have the express permission of their Nominee to nominate them in this Sweepstakes prior to entering. Nominators must also ensure that both Nominator and Nominee consent to receiving commercial electronic communications from the Sponsor as describe in PRIZE CONDITIONS, below. For further information, regarding the collection and use of your data, please refer to PRIVACY, below.

Limit one (1) Entry per Nominator. Multiple Entries from the same Nominator will be disqualified at Sponsor’s sole discretion. Entries must NOT include images and must NOT include materials that violate or infringe another person's rights, including, but not limited to, privacy, publicity or intellectual property rights. If applicable, Nominator may be required to verify such authorization in the form of a release. Nominee must be working in compliance with all applicable law, rules, regulations and orders.

IMPORTANT:  Nominator’s Entry may appear in the Sponsor’s social media stream. Nominator is responsible for ensuring that both Nominator and Nominee expressly consent to the publication of the Nominator’s Entry before submitting. If Nominator does not want his/her Submission to be made public, Nominator must not enter the Sweepstakes. Sponsor reserves the right to request that a Nominator edit or completely remove any content that may intentionally or unintentionally violate the Official Rules.  Sponsor will determine in its sole discretion which Entries have satisfied the eligibility requirements.

DRAWING:  Ten (10) Entries will be selected in a random drawing from all eligible Entries received during the Sweepstakes Period as potential winning Entries. Drawing will be held on April 14th at or about 9:00:00 AM Central Time at the home office of a Sponsor employee. The drawing will be conducted by a Sponsor representative, whose decisions shall be final and binding on all matters relating to the Sweepstakes. The odds of winning are dependent upon the total number of Entries received.

PRIZES:  Ten (10) prize kits will be awarded. The Nominee named in each winning Entry (each, a “Winner Nominee”) will win a prize consisting of the following:

  1. Bosch Freak GDX18V-1800CB15 Freak 18V EC Brushless Connected-Ready 1/4 In. and 1/2 In. Two-In-One Bit/Socket Impact Driver Kit with (1) CORE18V 4.0 Ah Compact Battery, approximate retail value $199
  2. 12V FlexiClick Bosch GSR12V-140FCB22, approximate retail value $149
  3. Impact Tough Bits Bosch SDMS48 Impact Tough Screwdriving Set, 48-Piece Set, approximate retail value $34.99
  4. Bosch GLL30 30 ft. Self-Leveling Cross-Line Laser Level with Clamping Mount, approximate retail value $79

(collectively, a “Prize”). Approximate total retail value of a single Prize: $461.99

Approximate total retail value of all Prizes: $4,619.90.

Approximate retail value is at the time the rules were printed, and the value of the prize may fluctuate.  No substitution, assignment or transfer of a prize is permitted, except by Sponsor, who reserves the right to substitute a prize with another prize of greater or equal value, including cash, if a prize is not available for any reason as determined by Sponsor in its sole discretion.  Winner Nominees are solely and fully responsible for any and all costs, fees, taxes, assessments and expenses associated with Prize award, receipt and use except for transportation costs to ship the prize to the winner Nominee.

For the avoidance of doubt, all eligible Entries that comply with these Official Rules will be entered into the Sweepstakes and such Entries will not be judged, but only used as a method of entry into the random drawings specified herein. All eligible respondents with a proper Entry under these Official Rules will be entered into random drawings to receive the prizes above. All improperly completed Entries will not be entered into the random drawings to win the prizes listed herein and will not be returned.

 

PRIZE CONDITIONS:  Sponsor will send an Instagram direct message to the Nominator and Nominee for each potential winning Entry (each such Nominee, a “Potential Winner Nominee”). Potential Winner Nominees and their applicable Nominator may be required to produce proof of identity, address, and birth date, and may be required to execute and return certain winner documents (as applicable), including an affidavit of eligibility, a liability and publicity release, and tax acknowledgment form (as applicable).  If a Potential Winner Nominee or their Nominator cannot be contacted, is a bot, is ineligible, fails to claim the Prize, or fails to return the required documents within fourteen (14) days from the date Sponsor first attempts to contact the Nominator or by the deadline specified in any prize-related documents, the Prize may, in Sponsor’s sole discretion, be forfeited and/or awarded randomly to an alternate winner Nominee. Attempts will be made to select up to five (5) alternate winner Nominees for each unfulfilled Prize after which the Prize will not be awarded. Sponsor are not responsible for the safe arrival of any notification, confirmation thereof, or other correspondence. Except where legally prohibited, Potential Winner Nominees and the applicable Nominator grant (and agree to confirm in writing) permission for the Sponsor to use his/her name, likeness, biographical information, voice and other indicia of persona in advertising/trade/promotional/publicity materials worldwide without notice or additional compensation.  Prizes will be shipped to the winner Nominees within six (6) weeks of Sponsor’s receipt of the winner Nominee’s and their Nominator’s required documents. No mechanically or programmatically reproduced Entries are permitted.  Sponsor will not verify receipt of Entries for Nominators.  All Entries submitted become the sole property of Sponsor and will not be returned.

Any attempted form of participation in this Sweepstakes other than as described herein is void. If it is discovered or suspected at Sponsor’s sole discretion that a Nominator has entered or attempted to enter more than once using multiple e-mail addresses, multiple identities, proxy servers or like methods, all of that Nominator’s Entries will be declared null and void, and that Nominator’s Nominee(s) may be ineligible to win the Prize. Also, if it is discovered that any Nominator attempts to receive additional Entries in excess of the stated limitation, that Nominator will, at Sponsor’s sole discretion, be disqualified from the Sweepstakes. In the event of a dispute as to the identity of a Nominator, the Authorized Account Holder of the e-mail address registered to the Instagram account of the winning Entry will be declared the Nominator of the winner Nominee. “Authorized Account Holder” is defined as the natural person who is assigned the applicable email address or social media account by the applicable email provider, online service provider, social media provider or other organization (e.g., business, educational institution). Sponsor reserves the right to disqualify any individual found, in its sole opinion, to be tampering with the operation of the Sweepstakes, to be acting in violation of these Official Rules or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of a Sweepstakes. Any use of robotic, automatic, macro, programmed, third-party or like methods to participate in the Sweepstakes may void any attempted participation effected by such methods and the disqualification of the individual utilizing the same. CAUTION AND WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE THE SWEEPSTAKES OR TO UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, 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. In the event of any conflict with any Sweepstakes details contained in these Official Rules, and Sweepstakes details contained in any Sweepstakes promotional materials (including, but not limited to, point of sale, television and print advertising, promotional packaging and other promotional media), the details of the Sweepstakes as set forth in these Official Rules shall prevail.

PRIVACY:  Information collected from the Nominators is subject to Sponsor’s privacy policy found at https://www.boschtools.com/us/en/footer/privacy-policy/.

Information received from Nominators may also be used by Sponsor to e-mail Nominators information regarding product offers, promotions and special events, but only in the event that Nominators expressly, knowingly, and affirmatively agree to be so contacted.

THIRD-PARTY PLATFORMS: The Sponsor or its agent may utilize third-party websites, apps, or platforms to promote the Sweepstakes. The Sweepstakes is not sponsored, endorsed, administered by, or associated with such third parties.  By entering the Sweepstakes, you agree to release such third party from any and all claims associated with the Sweepstakes.

 

GENERAL:  By participating, Nominators agree: (a) to be bound by and accept these Official Rules and the decisions of Sponsor (including, without limitation, decisions regarding eligibility of Entries, the selection of Entries and winners, and the awarding of prizes), which are final and binding in all respects; and (b) to forever and irrevocably release and hold harmless Sponsor, Instagram and their respective subsidiaries, divisions and affiliates, and their respective agents, affiliates, employees, officers, directors, and shareholders from and against all claims, damages or liabilities arising in whole or in part, directly or indirectly, from Nominator’s participation and/or Entry in this promotion and/or Nominator’s or Nominee’s award, receipt or use of any prize awarded in this promotion.  Sponsor makes no warranty, representation or guarantee on the prizes.  If, for any reason, this promotion is not able to be conducted as planned, including, but not limited to, tampering, unauthorized intervention, fraud or any other causes beyond the control of Sponsor which corrupt or affect the administration, security, fairness or integrity or proper conduct of the promotion, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify, or suspend the Sweepstakes and to draw winner(s) from all eligible Entries received as of the date of termination. 

Sponsor will report all prize winnings to the appropriate state and federal agencies as required by applicable law. Winner Nominees are responsible for all other associated costs in connection with the prize, including tax consequences (if any). If applicable, a winner Nominee will be issued an IRS Form 1099 for the value of the Prize. Each winner Nominee and their Nominator agrees to permit us to use his/her name and likeness in promotional and our other materials, without additional compensation or permission, except where prohibited by law

LIMITATION OF LIABILITY:  By participating in this Sweepstakes, Nominators agree the Sponsor and its respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, Web masters and their respective officers, directors, employees, representatives, designees and agents (“Released Parties”) are not responsible for lost, late, incomplete, stolen, misdirected, postage due, or undeliverable e-mail notifications or postal mail; or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections or availability; or garbled, corrupt or jumbled transmissions, service provider/Internet/website/UseNet accessibility, availability or traffic congestion; or any technical, mechanical, printing, or typographical or other error; or unauthorized human intervention; or inaccurate capture of Sweepstakes-related information; or the failure to capture, or loss of, any such information. The Released Parties are not responsible for any incorrect or inaccurate information, whether caused by any website users, tampering, hacking or by any of the equipment or programming associated with or utilized in the Sweepstakes and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to any Sweepstakes-related website(s). Released Parties are not responsible for any injury or damage, whether personal or property, to participants or to any person’s computer related to or resulting from participating in the Sweepstakes and/or accepting a prize. Released Parties shall not be responsible or liable for Entries entered by any automated computer, program, mechanism or device; for any Entries in excess of the stated limit; or for Entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with these Official Rules, and all such Entries will, at Sponsor’s sole discretion, be disqualified.

If for any reason, Sponsor believes the Sweepstakes is not capable of running as planned, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes and/or proceed with the Sweepstakes, including the selection of the winners in a manner it deems fair and reasonable. Notice of such cancellation, termination, or modification of the Sweepstakes shall be posted on Sponsor’s Instagram account, @boschtoolsna. This Sweepstakes is subject to all federal, state, and local laws and regulations.

By entering the Sweepstakes, each Nominator agrees: (i) to be bound by these Official Rules and by all applicable laws and by the decisions of Sponsor, which shall be binding and final; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of his or her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Sweepstakes; and (iv) to forever and irrevocably agree to release, defend, indemnify and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable outside attorneys’ fees) that may arise in connection with: (a) the Sweepstakes, including, but not limited to, any Sweepstakes-related activity or element thereof, and the Nominator’s Entry, participation or inability to participate in the Sweepstakes; (b) the violation of any third-party privacy, personal, publicity or proprietary rights; (c) typographical or printing errors in these Official Rules or any Sweepstakes materials; (d) acceptance, receipt, delivery of, possession, defects in, use, nonuse, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of the prize (or any component thereof); (e) change in the prize (or any components thereof) due to unavailability or due to reasons beyond Sponsor’s control, including, but not limited to, acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not such action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened or actual terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot or other cause beyond any of the Released Parties’ control, or as otherwise permitted in these Official Rules; (f) any interruptions in or postponement, cancellation or modification of the Sweepstakes; (g) human error; (h) incorrect or inaccurate transcription, receipt or transmission of an Entry; (i) any technical malfunctions or unavailability of any social media platform or any telephone network, computer system, computer online system, mobile device, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider, or mail service utilized by any of the Released Parties or by an Nominator; and (j) interruption or inability to access the Sweepstakes, any Sweepstakes-related websites or any online service via the Internet due to hardware or software compatibility problems.

WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS SWEEPSTAKES, INCLUDING PRIZE COMPONENTS, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT), BEYOND THE CUSTOMARY WARRANTY PROVIDED WHEN THE PRIZE (OR PRIZE COMPONENTS) IS SOLD AT RETAIL. Some jurisdictions may not allow the limitations or exclusions of liability for incidental or consequential damages or exclusions of implied warranties; therefore some of the above limitations or exclusions may not apply. Check local laws for any restrictions or limitations regarding these limitations or exclusions.

APPLICABLE LAW AND FORUM:  These Official Rules shall be construed and enforced in accordance with the laws of the State of Michigan, notwithstanding any conflict-of-law provisions that would require application of another choice of law.  The parties consent to jurisdiction in the state courts of Michigan with venue in the County of Oakland.

SEVERABILITY:  If any provision of these Official Rules is held to be invalid or unenforceable under applicable law, including, but not limited to, the arbitration agreement contained herein, then such provision shall be construed, limited, modified or, if necessary, severed to the extent necessary to eliminate its invalidity or unenforceability, without in any way affecting the remaining parts of these Rules.

WINNERS’ LIST:  To request a list of winners, send a self-addressed postage-stamped envelope by July 31, 2020, to Robert Bosch Tool Corporation at 1800 West Central Road, Mount Prospect, Illinois 60056, ATTN: Bosch Marketing.

ALTERNATIVE DISPUTE RESOLUTION AGREEMENT (“ADR Agreement”):

PLEASE READ THIS CAREFULLY.  IT AFFECTS YOUR RIGHTS, INCLUDING TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.

ArbitrationYOU AND ROBERT BOSCH TOOL CORPORATION (COLLECTIVELY, THE “PARTIES”) AGREE THAT TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, ALL DISPUTES, CLAIMS, OR CONTROVERSIES BETWEEN THE PARTIES (OR THEIR REPRESENTATIVES, SUCCESSORS, OR INSURERS) WILL BE RESOLVED ON AN INDIVIDUAL BASIS IN ARBITRATION AS SET FORTH BELOW.  This agreement to arbitrate is intended to be broadly interpreted and includes, but is not limited to: (i) claims arising out of or relating to the Official Rules (including the interpretation, breach, enforcement, termination, or validity), (ii) claims arising out of or relating to any Bosch product’s condition, characteristics, or performance, and (iii) claims arising out of or relating to any aspect of the relationship between the Parties, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory.  This means that the Parties are each waiving the right to a trial by jury or to participate in a class action; instead, the Parties’ claims will be heard and decided by a neutral arbitrator.  Each of the Parties has the right to apply solely and exclusively to the state or federal courts of Michigan, with venue in the County of Oakland for state court and the Eastern District of Michigan for federal court, for interim relief necessary to preserve the Party’s rights, including pre-arbitration injunctions, and such request will not be deemed incompatible with, or a waiver of, this ADR Agreement.  For purposes of interim relief and confirmation or challenge of any award, you and Bosch consent to exclusive jurisdiction in the state or federal courts of Michigan, with venue in the County of Oakland for state court and the Eastern District of Michigan for federal court.  As an exception to the agreement to arbitrate, you may pursue an individual claim in small claims court in your county of residence (if in the United States) or in Cook County, Illinois if the amount of your claim does not exceed the applicable small claims court limitation.  In such case, the rules and limitations of the small claims court will apply.

Waiver of Class ActionTHE PARTIES AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.  Further, unless the Parties agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.  If this waiver provision is deemed unenforceable, the Parties agree that the entirety of this ADR Agreement will be null and void.

Rules and Governing Law:  The arbitration will be administered by the American Arbitration Association (“AAA”) and will be conducted by a single arbitrator appointed by the AAA pursuant to AAA’s Commercial Arbitration Rules and its Supplementary Procedures for Consumer Related Disputes (“AAA Rules”) then in effect, except as modified by this ADR Agreement.   

The Parties agree that the arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this ADR Agreement, including any claim that all or any part of this ADR Agreement is void or voidable.  The arbitrator will also be responsible for determining all threshold arbitrability issues, including issues relating to whether the ADR Agreement or more general terms and conditions are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.

The Parties agree and acknowledge that this ADR Agreement evidences a transaction involving interstate or international commerce and that the Federal Arbitration Act (“FAA”), 9 U.S.C. § 1, et seq., will govern its interpretation and enforcement and proceedings pursuant thereto.  It is the intent of the Parties that the FAA and AAA Rules will preempt all state laws to the fullest extent permitted by law.  If the FAA and AAA Rules are found to not apply to any issue that arises under this ADR Agreement or the enforcement thereof, then that issue will be resolved under the laws of the State of Michigan, without regard to its choice-of-law provisions.

Arbitration Process:  A Party who desires to initiate arbitration must provide the other Party with a written Demand for Arbitration as specified in the AAA Rules.  (The AAA provides a form Demand for Arbitration - Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1‑800-778-7879).  The Demand for Arbitration to Robert Bosch Tool Corporation should be addressed to: 1800 West Central Road, Attn: Power Tools Marketing Department, Mount Prospect, Illinois 60056.  Unless the Parties agree otherwise, the place of arbitration will be at the nearest AAA facility to your residence.  Your arbitration filing fees will never exceed the consumer limit set by AAA, and may be waivable under applicable law.  If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of briefing that the Parties submit to the arbitrator, unless the arbitrator determines that a hearing is necessary.  If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules.  Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the Parties, consistent with the expedited nature of the arbitration and the size and scope of any possible award. 

Arbitrator’s Decision:  The arbitrator’s decision will be final and binding on the Parties.  Unless the Parties agree otherwise, the arbitrator will provide a reasoned written opinion supporting the decision.  The arbitrator’s decision and judgment thereon will have no precedential or collateral estoppel effect.  If you are the prevailing party in the arbitration, then you may recover attorneys’ fees as the arbitrator deems appropriate; however Robert Bosch Tool Corporation waives its right to recover attorneys’ fees in connection with any arbitration under this ADR Agreement, unless the arbitrator finds the claims to have been frivolous and/or brought in bad faith.

The arbitrator will have no authority to award punitive or other damages not measured by the prevailing party’s actual damages, except as may be required by statute.  The arbitrator will not award consequential damages, and, to the extent permitted by law, any award will be limited to monetary damages and will include no equitable relief, injunction, or direction to any party other than the direction to pay a monetary amount.  Judgment on the award rendered by the arbitrator will be binding and final, and may be entered in the state or federal courts of Michigan, with venue in the County of Oakland for state court and the Eastern District of Michigan for federal court.  Except as may be required by law, neither the Parties nor the arbitrator may disclose the existence, content, or results of any arbitration under this ADR Agreement without the prior written consent of both Parties.

Opt-OutIF YOU DO NOT WISH TO BE BOUND BY THIS ADR AGREEMENT, THEN YOU MUST NOTIFY ROBERT BOSCH TOOL CORPORATION IN WRITING WITHIN 60 DAYS OF THE DATE THAT YOU SUBMITTED YOUR ENTRY INTO THE SWEEPSTAKES.  Your written notification must include your name, address, the date you submitted your sweepstakes entry, and a clear statement that you wish to opt out of the ADR Agreement.  You must mail the notification to Robert Bosch Tool Corporation at 1800 West Central Road, Mount Prospect, Illinois 60056 or email it to Boschtools.marketing@us.bosch.com with the subject line “Bosch Has Your Back Sweepstakes Arbitration Opt-Out”.  Any opt-out postmarked more than 60 days after you acquired the Bosch product will not be valid.  Please retain a copy of the opt-out notice for your records.  Exercising this opt-out right will not affect your ability to enter the Sweepstakes, or the applicability of the Official Rules.