PRO TOTAL REWARDS PROGRAM TERMS AND CONDITIONS 

Effective: December 1, 2021 

DEFINITIONS 

Administrator means 360 Insights Europe 

Program means the Pro Tool Rewards and all its component parts as the same may be amended from time to time. 

Rewards means such reward items, including prepaid, and other such one off awards that Users may redeem Reward Points to purchase, as shall form part of the Program.  

Reward Points means points awarded to Users that may be redeemed for Rewards under the terms and conditions of the Program. 

User or You means each user who has accepted these Terms and Conditions of Use. 

Website means the website at https://protoolrewards.com/

These Terms and Conditions of Use apply to the STANLEY BLACK & DECKER, INC. (“Stanley Black & Decker) Pro Tool Rewards 


ACCEPTANCE 

By accessing, transacting Reward Points, or using any aspect of the Program or Website, the User agrees to be bound by these Terms and Conditions of Use and the terms, conditions, disclaimers and limitations of liability posted in the rewards page by the Administrator on the Website.  Stanley Black & Decker reserves the right to amend or update any of these Terms and Conditions of Use at any time without providing notice to the User. By using the Website, the User acknowledges that he or she has read and understood these Terms and Conditions of Use.   


ELIGIBILITY 

This Program is open to Users who are a resident in the United States and are 18 years of age or older at the time of entry.  Users must obtain the prior permission of their employer to participate in this Program.  This Program cannot be combined with any other Stanley Black & Decker programs, offers or rebates.  

The Program and its benefits are offered at the discretion of Stanley Black & Decker and its affiliated companies, and Stanley Black & Decker has the right to terminate the Program or to change the Program terms and conditions (including these Terms and Conditions of Use), rules, benefits, conditions of participation or rewards levels, in whole or in part, at any time, with or without notice, even though changes may affect the value of the Reward Points (if used as part of the Program) already accumulated, for any reason.  It is the User’s responsibility to maintain his or her knowledge of these Terms and Conditions of Use. 

Users who participate in the Program as part of a sales incentive may not be able to obtain Points or Reward Points on all products or all sales. 

Employees of Stanley Black & Decker, its affiliated companies, advertising agencies, gift suppliers or other representatives, or members of the respective immediate families of such employees and anyone with whom such employees are domiciled are not eligible to participate in any sales related Program. Employees of Stanley Black & Decker are eligible to participate in employee reward or recognition Programs.  


TO PARTICIPATE 

All users are encouraged to check the current promotions area on the platform. Please submit a claim for any promotions that you are eligible for.  

Stanley Black & Decker is not responsible for lost, corrupted or delayed entries. Participation constitutes full and unconditional acceptance of these Terms and Conditions of Use. Any failure by a User to follow the rules of the Program or these Terms and Conditions of Use, any abuse of the Program, any conduct detrimental to the interests of either Stanley Black & Decker or the Administrator, or any misrepresentation of any information furnished to Stanley Black & Decker or the Administrator may result in the termination of his or her participation in the Program, the termination of the User’s account and the cancellation of accrued Reward Points and/or benefits. 

In order to access and use the Services, you will be required to create an account with a unique username and password.  When you create an account for access to and use of the Services, you guarantee that the information you provide is accurate, current and complete at all times.  Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account with regard to the Services.  Your creation and use of your account must only be done in a manner that complies with all applicable laws.  If your account or use of the Services is contrary to or prohibited by any law, your use is unauthorized and strictly prohibited. 

You are solely responsible for maintaining the confidentiality of your account and password, including but not limited to restriction of access to the Website and any electronic means (i.e. computer, tablet, etc.) by which you access the Website.  You accept all responsibility and liability for all activity that takes place on your account under your credentials, regardless of whether your password is to access the Services or a third-party provider.  You must notify Administrator immediately in the event you become aware of or suspect any breach of security or unauthorized use of your account.   


TIMING 

This Program runs from 21st February and is on going  


USE OF DATA 

The Administrator may collect personal data which each User provides when he or she registers for the Program.  The purpose(s) for which such personal is collected and the way in which it is used is set out in the Privacy Policy found on Stanley Black & Decker’s Website: http://www.stanleyblackanddecker.com/privacy-policy.  By checking the ‘accept terms and conditions’ box on the Website, you agree to such use and acknowledge that you have read and accept the Privacy Policy.  


EARNING REWARD POINTS 

Reward Points will be awarded to each User based on promotion eligibility. 

Where you are required to submit a claim for a promotion, please follow the instructions online. Claims will be checked and verified and if successful, points will be awarded straight on to your account. 

Users may opt to either: 

  • Save Reward Points awarded for redemption at a later date; or 
  • Redeem some or all of the Reward Points awarded for Rewards through the  Website 

Reward Points must be redeemed via the Website.  Rewards, once chosen, can only be changed if the User contacts the Administrator’s customer service team at {enter Program email} within 24 hours of the redemption.     

Reward Points will expire after 12 months of allocation to the User’s account unless redemptions are made within that 12 month period.  

Fraudulent use of accounts and Reward Points on a User’s account will result in the account being immediately suspended.  Fraudulent activity may result in the termination of the User’s account and the cancellation of accrued Reward Points, Rewards and/or benefits.  


PREPAID CARDS 

If prepaid debit cards are offered as Rewards as part of the Program, Reward Points must be redeemed via the Website directly onto a prepaid debit card. 

All prepaid cards must be activated prior to use by following the instructions given by the card provider.  

Users must agree to the prepaid debt card provider’s terms and conditions which are available upon request. Additional cardholder fees apply. 

In the case where the cumulative card load exceeds any applicable KYC (Know Your Customer) limit, additional KYC information may be required from the User to enable the card to be loaded, including but not limited to requests for User’s name, address, phone number, birthday, federal identification number.  The card will not be loaded with any further funds until KYC has been completed.  A list of acceptable KYC documents can be supplied by the card provider. 

The User acknowledges that the card provider or its affiliates or customers may retain User data and has the right to suspend the prepaid debit card service in the event of such an instruction being made by any governmental, law enforcement or regulatory authority or if misuse or fraudulent activity is suspected. None of the Administrator, the card provider or Stanley Black & Decker shall have any liability for direct or indirect losses as a result of suspension of the prepaid debit card service. 

Each User must advise the Administrator immediately on becoming aware that any prepaid card has been lost or stolen. Cards declared as lost in transit which have not been activated will be replaced by the Administrator. 

Once a card is activated, all risk for the funds on the card passes to the individual User.  In the event of a lost, stolen or damaged card, the card provider may issue a replacement card with the available balance at the point of notification transferred to a new card less any applicable charges for re-issuance. 

In the case of misuse or fraudulent activity of a prepaid debit card service, each User acknowledges that he or she must comply with all requests for data or actions to be taken as given by the Administrator, the card provider or any governmental, law enforcement or regulatory authority. 


TERMINATION 

Stanley Black & Decker or the Administrator reserves the right in its sole discretion to cancel or suspend the Program at any time and for any reason. 

Users will be given written notice of Program termination and all Reward Points must be redeemed within 30 days following such written notice. Any Reward Points not redeemed in accordance with the foregoing will be forfeited. 

Upon termination, all rights granted to you under these Terms will also terminate and You must cease all use of the Website.   

All provisions of the Terms which by their nature should survive termination shall survive termination, including but not limited to ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability. 


TAX 


To the extent any element of the Program (including, without limitation, Reward Points, Rewards, Experience Rewards) is deemed taxable income or employee compensation under applicable law or regulation, the User and Stanley Black & Decker is solely responsible for its own and for ensuring each User’s compliance with any and all taxation requirements including, without limitation, reporting of income or compensation and payment of any resultant taxes.  The Administrator has no responsibility for any taxation or reporting to any taxation authority and the Administrator is not responsible for obtaining or providing any tax advice to Stanley Black & Decker or any User. 


GENERAL 

This Program is administrated by 360 Insights Europe 

Promoter: Stanley Black & Decker, Inc.  

Save as set forth above, no correspondence will be entered into regarding either this Program or these Terms and Conditions of Use. In the unlikely event of a dispute, Stanley Black & Decker’s decision shall be final.  Stanley Black & Decker and/or the Administrator reserve(s) the right to amend, modify, cancel or withdraw this Program at any time without notice. 

Stanley Black & Decker and/or the Administrator cannot guarantee the performance of any third party and shall not be liable for any act or default by a third party.  Users in this Program agree that Stanley Black & Decker and the Administrator will have no liability whatsoever for any injuries, losses, costs, damage or disappointment of any kind resulting in whole or in part, directly or indirectly from acceptance, misuse or use of a Reward, or from participation in this Program. Nothing in this clause shall limit Stanley Black & Decker’s or the Administrator’s liability in respect of death or personal injury arising out of its own negligence or arising out of fraud. 

Stanley Black & Decker’s standard terms and conditions regarding the sale of its tools apply to any tools purchased or provided in conjunction with this program.   

This program and its services are provided "as is" and “as available” with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law.  Stanley Black & Decker, on its own behalf and on behalf of its affiliates and its and their respective licensors, and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the program and services, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage, or trade practice.  Without limitation to the foregoing, Stanley Black & Decker provides no warranty or undertaking, and makes no representation of any kind that the program or services will meet requirements, achieve any intended results, be compatible, or work with any other software, applications, systems, or services, operate in combinations that you may select for use, including without interruption (including interruptions due to cyberattacks or malicious code or otherwise), meet any performance or reliability standards, or be error-free, that any errors or defects can or will be corrected, or that any security mechanisms implemented by the product will not have inherent limitations.  Stanley Black & Decker , on its own behalf and on behalf of its affiliates and its and their respective licensors, and service providers, expressly disclaims any responsibility for any harm resulting from your access or use of the services.  You agree that your access or use of the services is at your own discretion and risk and that you will be solely responsible for any damages to your information systems or assets or loss of data that results from such access or use.  

Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.  

To the fullest extent permitted by applicable law, in no event will Stanley Black & Decker or its affiliates, or any of its or their respective licensors, or service providers, have any liability arising from or related to your use of or inability to use the services (including the website services) for: (a)_personal injury, property damage, lost profits, cost of substitute goods or services, loss of data, loss of goodwill, loss of use of the services or any associated equipment or cost of substitute services, business interruption, computer failure or malfunction, or any other consequential, incidental, indirect, exemplary, special, or punitive damages; or (b) direct damages in amounts that in the aggregate exceed the amount actually paid by you for the services during the twelve (12) months preceding the date of last cause of action to arise hereunder.  

The foregoing limitations will apply whether such damages arise out of breach of contract, tort (including negligence), or otherwise and regardless of whether such damages were foreseeable or Stanley Black & Decker was advised of the possibility of such damages.  

Some jurisdictions do not allow certain limitations of liability so some or all of the above limitations of liability may not apply to you.  

You agree to indemnify, defend, and hold harmless Stanley Black & Decker and its officers, directors, employees, agents, affiliates, licensors, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to your use or misuse of the Services,  the use or misuse of your account with the Stanley Black & Decker, or your breach of these Terms, including but not limited to the Program and its Services. 

You may not assign, delegate or transfer these Terms, your rights or obligations hereunder, or your Services account without Stanley Black & Decker’s prior written consent.  Stanley Black & Decker (and its third party beneficiaries) may assign, delegate or transfer these Terms and its rights and obligations without consent. 

If any provision of these Terms (or portion thereof) is illegal or unenforceable under applicable law, the remainder of the provision (or portion thereof) will be amended to achieve as closely as possible the effect of the original term and the remainder of these Terms will continue in full force and effect.