Rules - Ultimate Tradesman Challenge

IRWIN INDUSTRIAL TOOLS
2010 ULTIMATE TRADESMAN CHALLENGE
CONTEST RULES

NO PURCHASE NECESSARY TO WIN OR PARTICIPATE.
VOID WHERE PROHIBITED.

HOW TO ENTER: To enter the 2010 IRWIN® Tools Ultimate Tradesman Challenge (the “UTC”), attend and participate in a local Ultimate Tradesman Challenge Event (each a “Local UTC Event”) hosted and sponsored by Irwin Industrial Tool Company (“Sponsor”). There will be twenty-eight (28) one-day and/or multi-day Local UTC Events in locations throughout the United States and Canada taking place from March 20, 2010 through August 15, 2010. Each of these events will be co-sponsored by a national or regional IRWIN Authorized Distributor (22 in the United States and 6 in Canada) (each a “Distributor”). Certain of these Local UTC Events will be conducted in multiple locations over multiple days, in any event, each resulting in one (1) Local UTC Event Winner. To see a schedule of local events, visit www.irwin.com/challenge. Each Local UTC Event will involve a timed skill contest that requires completing designated tasks using a variety of IRWIN branded hand tools and power tool accessories provided by Sponsor. Entrants must sign a waiver and release form prior to participation in any Local UTC Event. Entrants must comply with on-site rules and regulations related to participation in the UTC (made a part of these Official Rules by reference). Sponsor, in its sole discretion, reserves the right to limit the number of Entrants at any Local UTC Event for any or no reason.

ELIGIBILITY: Entrant must be 18 years or older if an American resident, or over the age of majority in his/her province or territory of residence if a Canadian resident, on the date of entry and a legal resident of one of the 50 United States including District of Columbia or Canada (excluding Quebec). Contest is void where restricted or prohibited by law. Employees of Sponsor, and its parent, affiliates, and subsidiary companies, sales representatives, Distributors, advertising, promotion and other vendor agencies involved in the UTC, and participating stores, and the immediate family members (spouse, child, sibling, parent and their respective spouses, regardless of where they reside) and those living in the same household of all such employees, whether related or not, are NOT eligible to participate. Former Grand Prize Winners of any previous UTC may not participate in the UTC Event. The UTC is subject to all applicable federal, state, provincial and local laws and regulations.

LOCAL WINNER DETERMINATION: The Entrant at each Local UTC Event who successfully completes the challenge with the best time (i.e., the shortest time) (as determined by Sponsor in its sole discretion) will be deemed that Local UTC Event Winner (for a total of twenty-eight (28) Local UTC Event Winners), subject to verification of eligibility and compliance with the terms of these Official Rules. Entrants may participate in as many Local UTC Events as s/he wishes unless or until s/he is named a Local Event Winner.

NORTH AMERICAN CHAMPIONSHIP WINNER DETERMINATION:

United States: The twenty-two (22) Local UTC Event Winners will qualify as Entrants to advance to the North American IRWIN Ultimate Tradesman Challenge Championship (the “North American Championship”) in Bristol, TN at Bristol Motor Speedway during the IRWIN Tools Night Race weekend (August 19-August 22, 2010).

Canada: The six (6) Canadian Local UTC Event Winners will be equally divided into two (2) regions, Canada East and Canada West, based primarily on geographic location. The best Local UTC Event time (i.e., the shortest time) (as determined by Sponsor in its sole discretion) for each region will advance to the North American Championship, for a total of two Canadian Local UTC Event Winners advancing.

There will be a total of twenty-four (24) Local UTC Event Winners competing at the North American Championship (22 from the United States and 2 from Canada).

The North American Championship will be conducted as a tournament consisting of four (4) brackets and will involve the same skill contest conducted at each of the Local UTC Events. Each bracket will consist of six (6) Local UTC Event Winners. The Entrants with the top four (4) fastest times in the North American Championship field (as determined by their Local UTC Event time) will be assigned (1) seeds (one in each bracket). The next four Entrants with the next four (4) fastest times will be assigned (2) seeds (one in each bracket). The remaining seeds (3) through (6) will be assigned based upon Local UTC Event times. Each of the (1) and (2) seeds shall be given a bye in the first round of competition which will pit the number (3) seed against the (6) seed and the (4) seed against the (5) seed. The (1) seed will compete against the winner of the (4) vs. (5) seed match-up and the (2) seed will compete against the winner of the (3) vs. (6) match-up. The winners of these match-ups in each bracket will compete against the other in the Quarter-Final Round to determine the four (4) bracket winners.

The four (4) bracket winners will advance to the Semi-Final round. The Entrant with the fastest Quarter-Final Round time will be matched against the Entrant with the slowest Quarter-Final time. The other two Semi-Finalists will compete against each other. The two (2) Semi-Final Winners will compete against each other in the Final Round to determine the North American Champion.

GRAND PRIZE WINNER DETERMINATION: The North American Champion and the champions from the Australia/New Zealand, Brazil, the United Kingdom, Denmark and Poland UTC Events will have the opportunity to compete against one another at the Grand Prize Challenge (i.e. World Finals), scheduled for March, 2011 in Bristol, TN at Bristol Motor Speedway. The World Finals will involve a timed skill contest requiring the completion of designated tasks using a variety of IRWIN branded hand tools and power tool accessories provided by Sponsor, as determined in the sole discretion of the Sponsor. This competition will be conducted in a tournament format similar to the North American Championship. The individual who successfully completes the World Finals with the best time (i.e., the shortest time) (as determined by Sponsor in its sole discretion) will be deemed the Grand Prize winner (i.e. World Champion), subject to verification of eligibility and compliance with the terms of these Official Rules.

TIES: Any ties will be resolved by having those Entrants who have tied compete again for the shortest time.

WINNER NOTIFICATION: Potential winners of each of the Local UTC Events will be notified by telephone and/or email and will be required to execute and return an affidavit of eligibility and a liability/publicity release, together with a Form W-9 (if a US resident) within seven (7) calendar days of date of notification. If such documents are not returned fully-executed within seven (7) calendar days of notification or prize is returned as undeliverable, Sponsor is unable to contact any winner within a reasonable time period or any potential winner is not in compliance with these Official Rules, or if any potential winner does not wish to advance to the North American Championship, the applicable prize will be forfeited in its entirety and, at Sponsor’s discretion, the runner-up or next fastest qualifying time for the event at issue may be selected.

PRIZES AND APPROXIMATE RETAIL VALUES (“ARV”):

Grand Prize Package: One (1) Grand Prize Package, as follows for the World Champion: (a) One of the following: cash prize of either $10,000, $20,000, or $1,000,000 paid in equal installments of $25,000 over 40 years, based upon the Grand Prize winner’s random selection of one (1) of twenty-five (25) IRWIN tool bags, twelve (12) of which will contain a cash prize of $10,000, twelve (12) of which will contain a cash prize of $20,000 and one (1) of which will contain the top Grand Prize of $1,000,000 to be paid in equal installments of $25,000 over 40 years. (Maximum ARV of Grand Prize Package: $1,000,000). Odds of the World Champion winning a $10,000 cash prize will be approximately 1 in 2, odds of the World Champion winning a $20,000 cash prize will be approximately 1 in 2, and odds of the World Champion winning a $1,000,000 annuity prize will be 1 in 25. In the event that the World Champion is a Canadian resident, s/he also will be required to correctly answer a mathematical skill-testing question prior to be being awarded the Grand Prize.

World Finalist Prize Packages: Six (6) World Finalist Prize Packages will be awarded, one (1) to each of the North American Champion and the champions from the Australia/New Zealand, Brazil, the United Kingdom, Denmark and Poland UTC Events. Each Word Finalist Prize Package includes a trip for two (including transportation and hotel accommodations) to Bristol, Tennessee in March 2011 for each World Finalist to participate in World Finals; VIP Race Weekend in Bristol (two days of at-track hospitality for the NASCAR Nationwide and Sprint Cup Series races at Bristol). See Trip Conditions/Restrictions below for complete details. (Total ARV of each World Finalist Prize Package: $7,250).

North American Champion Prize Package: One (1) North American Champion Prize Package, as follows: (a) a Mustang GT Premium Pace Car (“Vehicle”); and (b) a Year’s Supply of Jobsite Gear supplied by Cat Footwear. (Total ARV of North American Champion Prize Package: $40,500, Vehicle MSRP $40,000, $500 for other prizes). Vehicle options will be determined by Sponsor and any additional options, license, insurance, title, registration fees and taxes on the Vehicle are winner’s sole responsibility. Winner must have valid motor vehicle operator’s license and satisfy applicable proof-of-insurance as well as take delivery at a location designated by Sponsor.

Local UTC Event Winner Prize Packages: Twenty-Four (24) Local UTC Event Winner Prize Packages will be awarded, one to each Local UTC Winner. Each Local UTC Event Winner Prize package consists of a trip for two (including transportation and hotel accommodations) to Bristol, Tennessee in August 2010 for each Local UTC Event Winner to participate in the North American Championship; VIP Race Weekend in Bristol (two days of at-track hospitality for the NASCAR Nationwide and Sprint Cup Series races at Bristol). See Trip Conditions/Restrictions below for complete details. (Total ARV of each Local UTC Event Winner Prize Package $5,010).

Local UTC Event Prize Packages: Fifty to Sixty (50-60) Local UTC Event Packages will be awarded, one (1) to each Local UTC Event Winner and each daily winner of each multi-day Local UTC Event. Each Local UTC Event Prize Package consists of Cat Footwear (one pair of work boots) and an IRWIN Tool Bag with an assortment of IRWIN Tools. (Total ARV of each Local Challenge Prize Package $375, $125 for footwear, $250 for tool bag and tools).

Trip Conditions/Restrictions: Trips include round-trip air transportation for two (2) from the major U.S. gateway airport nearest winner’s residence and standard hotel accommodations (one (1) room, double occupancy) for three (3) nights. Actual value may vary depending on destination, city of departure and dates of travel. Winner and guest are responsible for obtaining all required travel documents including passports and visas, as applicable and to comply with any customs and immigration requirements. If winner resides within a 100-mile radius of destination, Sponsor reserves the right to provide ground transportation in lieu of air transportation and no compensation or substitution will be provided for difference in prize value. Travel arrangements must be made through Sponsor’s agent, on a carrier of Sponsor’s choice. Travel must be taken on dates specified by Sponsor or prize will be forfeited and Sponsor will have no further obligation to winner. Certain travel restrictions may apply. Winners are solely responsible for all expenses, costs or fees associated with acceptance and/or use of the prize not specified herein as being awarded, including, without limitation, any and all applicable taxes and any other items not otherwise provided. Winner’s travel companion must be of the legal age of majority in his/her state/province/territory of residence (and at least 18 years of age) and must execute and return a liability/publicity release prior to issuance of travel documents. Winner and guest must travel together on the same itinerary.

General Prize Conditions/Restrictions: Maximum Total ARV of all prizes: $1,226,740. Tickets are subject to terms and conditions specified thereon. Contest locations will be determined by Sponsor. Winners and guests must comply with all track rules and regulations. Failure to do so may result in forfeiture of such prize portion. Prizes are awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. Sponsor reserves the right to substitute a prize (or portion thereof) of comparable or greater value, at its sole discretion. Sponsor reserves the right to structure travel dates, destinations, routes, and hotel selection at its sole discretion. The Sponsor is not responsible in the event a trip prize winner or a travel companion is refused entry to the destination city or re-entry to return city, for whatever reason, in which event, in addition to any other consequences set out in these rules, any unused portion of the prize will be forfeited. It is recommended that trip prize winners and their travel companion obtain sufficient personal insurance prior to departure. If a NASCAR race is cancelled or postponed indefinitely, an alternate prize of equal or greater value will be awarded. Prizes are not transferable; no other substitutions or cash alternatives are allowed. All federal, state/provincial and local taxes and any other costs, expenses and fees associated with prize acceptance and use not specified herein as being provided are the sole responsibility of the winners. All prize details are at Sponsor’s sole discretion.

GENERAL CONDITIONS: Except where prohibited, acceptance of a prize constitutes each winner’s consent to Sponsor’s and its designees’ use of his/her name, likeness, voice and/or biographical data for advertising and promotional purposes in any and all media now or hereafter devised throughout the world without limitation and without additional notice, compensation or consent. By participating, Entrant agrees to accept and abide by these Official Rules (including the rules for each UTC Event in which he/she participates) and agrees that any dispute with regard to the conduct of this contest, rule interpretation or award of prize, shall be submitted to Sponsor, whose decision shall be binding and final in all matters. By participating, Entrant agrees to release and hold harmless Sponsor, and its parent company, affiliates, subsidiaries, retailers, service agencies, Distributors, and advertising and promotion agencies, and all of the officers, directors, employees, agents and representatives of the foregoing (collectively, “Released Parties”) from any injury, loss or damage to person, including death or property damage due in-whole or in-part, directly or indirectly to the acceptance or use/misuse of a prize (including any travel or activity-related thereto or injury or harm resulting from use of the Vehicle), participation in any contest-related activity, or participation in the contest (including any injury or harm resulting from participation in any UTC Event). Released Parties shall not be responsible for mechanical, technical, printing, typographical, human, or other errors or malfunctions relating to or in connection with the contest, including, without limitation, errors or malfunctions which may occur in connection with the administration of the contest, the conducting of any UTC Event, the timing of Entrants, the announcement of the prizes, the cancellation or postponement of any race or in any contest-related materials. If for any reason this contest (or any portion thereof) is not capable of running as planned due to tampering, unauthorized intervention, fraud, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this contest (or any portion thereof), Sponsor reserves the right, at its sole discretion, to disqualify any individual who tampers with the entry process (and void his/her entry), and to cancel, terminate, modify or suspend the contest. In the event Sponsor is prevented from awarding the prize or continuing with the contest (or any portion thereof) as contemplated herein by any event, including but not limited to fire, flood, natural or man made epidemic of health or 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/provincial or local government law, order, or regulation, public health crisis (e.g. SARS or H1N1), order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, or terminate the contest (or any portion thereof).

Odds of winning depend on the number of eligible participants and the skill of such participants. Sponsor reserves the right to modify or terminate contest for any reasons in its sole discretions, including if conditions arise that compromise its integrity or intended competition; in which case, prizes for completed contest rounds will be awarded in the discretion of Sponsor.

All dollar amounts in these rules are in U.S. currency. All cash prizes will be paid in U.S. currency.

ALL DISPUTES RELATING TO ANY ASPECT OF THIS CONTEST SHALL BE SUBMITTED SOLELY TO THE STATE OR FEDERAL COURTS OF THE STATE OF NORTH CAROLINA, U.S.A. ENTRANTS IRREVOCABLY CONSENT TO JURISDICITION OF AND VENUE IN THE STATE AND FEDERAL COURTS OF NORTH CAROLINA.

WINNERS LIST: For a list of Local UTC Event Winners and the North American Champion (available after October 1, 2010), and for identification of the World Champion (available after April 1, 2011) send a self-addressed, stamped envelope postmarked by May 31, 2011 to: Irwin Industrial Tool Company, 2010 Ultimate Tradesman Challenge; Attention EVENT MARKETING, 8935 NorthPointe Executive Drive, Huntersville, NC 28078. Canadian residents may omit return postage.

Sponsored by Irwin Industrial Tool Company, 8935 NorthPointe Executive Drive, Huntersville, NC 28078.