Terms and conditions

Bosch Tool Testers program offers invited customers ("Bosch Tool Testers Members") access to certain products listed on a dedicated website ("tooltesters.boschtools.com") at no cost in order to encourage independent customer reviews on https://www.bosch.us/ and Bosch affiliated websites, to provide customer feedback to product suppliers, and to further publicize certain products ("Bosch Tool Testers Products").

Your participation in Bosch Tool Testers program is subject to these terms and conditions (the "Terms and Conditions") and constitutes your acceptance to the Terms and Conditions. The Bosch Tool Testers program is operated by Bosch and Bazaarvoice. Employees of Bosch or its affiliates are not eligible to participate in the Bosch Tool Testers program.

These Terms and Conditions incorporate Bosch’s Privacy Policy, Bazaarvoice’s Privacy Policy and the Customer Ratings and Review Service ("CRR Service") Terms and Conditions, and may be updated from time to time. Any personal information you share is subject to Bosch’s Privacy Policy and Bazaarvoice’s Privacy Policy. All terms and conditions governing your use of https://www.bosch.us/ (the “Bosch Terms of Use”) and the CRR Service also apply to all Bosch Tool Testers -related communications and to your participation in the Bosch Tool Testers program, unless otherwise stated. To the extent of any conflict between these Terms and Conditions, the Bosch Terms of Use, the CRR Service Terms and Conditions, and Bosch’s Privacy Policy, these Terms and Conditions shall take precedence with respect to your participation in the Bosch Tool Testers program.

Participation in the Bosch Tool Testers program requires adherence to Bazaarvoice’s Authenticity Policy and all submitted content will pass through the Bazaarvoice Authenticity Strategy Management System and may entail a manual or automated evaluation for inauthentic content or actions. Per the policy, content deemed inauthentic, fraudulent or in violation of any of Bazaarvoice’s Terms and Conditions will be rejected and removed. You must be at least eighteen (18) year of age to participate and live within the contiguous United States (excluding Alaska, Hawaii or Puerto Rico). Shipments to P.O. Boxes are not permitted, so a full street mailing address is required.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE AGREEING TO PARTICIPATE IN THE PRODUCT REVIEW PROGRAM, AS THEY AFFECT YOUR LEGAL RIGHTS.

THESE TERMS AND CONDITIONS INCLUDE A RELEASE FROM LIABILITY, WHICH MEANS THAT YOU ASSUME ALL RISK OF INJURY ASSOCIATED WITH ACTIVITIES UNDER THIS AGREEMENT.

1. PRODUCT REVIEW PROGRAM DESCRIPTION.

Robert Bosch Tool Corporation (“Company”, “we”, “us” or “our”) manufactures and sells power tools and accessories. Company operates a program in which certain individuals (“Program Members”) may be invited from time to time to receive certain selected Company products (“Products”) at no cost in order to encourage independent reviews on www.tooltesters.boschtools.com and other Company-affiliated websites, to provide customer feedback to product suppliers and to further publicize the Products (the “Product Review Program”). Your participation in the Product Review Program is subject to these Terms and Conditions and constitutes your acceptance to the Terms and Conditions. Employees of Company or its affiliates are not eligible to participate in the Product Review Program.

These Terms and Conditions incorporate Company’s Privacy Policy and the Bazaarvoice Customer Ratings and Review Service ("CRR Service") Terms and Conditions, and may be updated from time to time. All terms and conditions governing your use of www.tooltesters.boschtools.com (the “Website Terms of Use”) and the CRR Service also apply to all Company-related communications and to your participation in the Product Review Program, unless otherwise stated. To the extent of any conflict between these Terms and Conditions, the Website Terms of Use, the CRR Service Terms and Conditions, and Company’s Privacy Policy, these Terms and Conditions shall take precedence with respect to your participation in the Product Review Program.

2. SELECTION, RECEIPT AND USE OF PRODUCTS.

From time to time Company may run a Product Review Program campaign to encourage reviews of one or more selected Products (each, a “Campaign”). You may be invited to participate in a Campaign through an email containing a link to the Product Review Program’s dedicated Campaign management website at (the “Program Portal”). You are not obligated to participate in any Campaign; however, if you receive one or more Products as part of a Campaign, you will not be asked to participate in another Campaign until you have reviewed each of the Products you received (as required in Section 3 below) in any prior Campaigns. Your ongoing participation in the Product Review Program or any Campaign, or your receipt of any Products, is at Company’s sole discretion.

If you elect to participate in a Campaign, you will be able to select the Product(s) (subject to the limitations of the applicable Campaign) you wish to receive for the applicable Campaign through the Program Portal. Subject to these Terms and Conditions, Products you select to receive for a Campaign will be provided to you at no cost. You acknowledge and agree that all Products are (a) promotional offers to you and are not sold to you, and (b) 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 PRODUCT(S) IS/ARE SOLD AT RETAIL. Products for any Campaign may be subject to limited availability, and Company shall have no obligation whatsoever if one or more Products you wish to receive for a Campaign is unavailable at the time you make your selection(s). Company will only deliver Products selected by you to the delivery address associated with your Program Member account as provided by you when signing up for the Product Review Program. Company may report the value of Products delivered to you to the Internal Revenue Service and may request that you provide a Form W-9 or similar information necessary to ensure correct tax reporting by Company. You will keep all information in your Program Member account accurate and up-to-date.

You hereby represent and warrant to Company that you have sufficient skill, experience and physical capability to safely operate, use and review any Products you receive. YOU FURTHER AGREE THAT, BEFORE USING ANY PRODUCT YOU WILL REVIEW ALL DOCUMENTATION INCLUDED WITH THE PRODUCT, INCLUDING WITHOUT LIMITATION ALL INSTRUCTION MANUALS AND SAFETY WARNINGS, AND YOU WILL FOLLOW ALL SUCH INSTRUCTIONS AND SAFETY PRECAUTIONS, INCLUDING WITHOUT LIMITATION USING ANY AND ALL RECOMMENDED PERSONAL PROTECTIVE EQUIPMENT (IF APPLICABLE), AT ALL TIMES WHEN SETTING UP OR USING THE PRODUCT.

3. REVIEW OF PRODUCTS.

After receiving and using each Product, you shall personally write and submit an honest, independent and unbiased review of such Product on www.tooltesters.boschtools.com (each, a “Review”). You will not review any Product for which you have a conflict of interest due to a relationship with the product manufacturer or otherwise. You will not submit any reviews of a Product to any other online or offline channel that advertises or offers the Product for sale except in the form of a link to a website operated by Company or its affiliates.

You acknowledge that you are aware of the United States Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising (the “Endorsement Guides”), and you agree that all Reviews you post will comply with the Endorsement Guides. You further acknowledge that you are aware of and have reviewed our Endorsement Requirements set forth below. We reserve the right to change, alter, or modify the Endorsement Requirements at any time without prior notice, and you agree that you are responsible for checking the current Endorsement Requirements before posting any Review. By posting a Review, you agree that you have reviewed, and that your Review complies with, the then-current Endorsement Requirements. You agree that you are solely responsible for the contents of your Review and that any such Review is considered both non-confidential and non-proprietary. Further, we do not guarantee that you will be able to edit or delete any Review you have submitted.

Your submission of a Review is subject to and dependent upon (a) your agreement to the Customer Ratings and Reviews Terms of Use prior to your submission of your Review, and (b) your compliance with the Review Writing Guidelines (available at https://tooltesterreviewwritingguidelines.pgtb.me/qfgKrp).

Without limiting the generality of the foregoing, by submitting any Review, you represent and warrant that:

You own all rights necessary to submit your Review in accordance with these Terms (including, without limitation, all rights to the reproduction and display of your Review) or, alternatively, you have acquired all rights or permissions necessary to enable you to grant to us the rights in your Review as described in these Terms;
You have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your Review;
Your Review does not infringe or misappropriate the copyright, trademark, patent, trade secret, or other intellectual property rights, proprietary rights, privacy rights or any other legal or moral rights of any third party;
You voluntarily agree to waive all “moral rights”, “author’s rights” or similar rights in any jurisdiction that you may have in your Review;
Any information contained in your Review is not known by you to be false, inaccurate, or misleading;
Your Review does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
Your Review is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene or invasive of another's privacy;
You were not and will not be compensated or granted any consideration by any third party for submitting your Review;
Your Review does not incorporate materials from a third-party website, or the personal information of any third party, including, but not limited to, any third party’s name, address, e-mail address, contact information or phone number;
Your Review does not contain any viruses, worms, spyware, adware or other potentially damaging programs or files;
Your Review does not contain any information that is confidential, proprietary or personal to you or to any other person; and
Your Review does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation.

Company reserves the right to not post a Review, or to remove a posted Review, for any reason and without notice, including without limitation the failure of any Review to comply with (a) the representations and warranties stated above, (b) the Endorsement Guides, or (c) the Review Writing Guidelines (available at https://tooltesterreviewwritingguidelines.pgtb.me/qfgKrp). Company reserves the right to make changes to the Review Writing Guidelines at any time and such changes will be effective immediately upon being posted. Each time you write a review, you should review the current Review Writing Guidelines.

By submitting a Review, you grant to Bosch and its Affiliates an irrevocable, perpetual, transferable, non-exclusive, fully paid up, worldwide, royalty-free license (sublicensable through multiple tiers) to:

Use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display your Review (or any modification thereto), in whole or in part, in any format or medium now known or later developed;
Use (and permit others to use) your Review in any manner and for any purpose (including, without limitation, commercial purposes) that we deem appropriate in our sole discretion (including, without limitation, to incorporate your Review or any modification thereto, in whole or in part, into any technology, product or service);
Display advertisements in connection with your Review and to use your Review for advertising and promotional purposes.

We may, but are not obligated to, pre-screen Reviews or monitor any area of the Company website through which Reviews may be submitted. We are not required to host, display or distribute any Review on or through the Company website and may remove at any time or refuse any Review for any reason. We are not responsible for any loss, theft or damage of any kind to any Review. Further, you agree that we may freely disclose your Review to any third party without restriction on use or disclosure.

4. CONFIDENTIAL INFORMATION.

During the course of the Product Review Program, You may have access to confidential, proprietary or trade secret information belonging to Company (collectively, “Confidential Information”). You agree that you shall keep strictly confidential all Confidential Information disclosed to you in oral, visual, documentary or electronic form during the Product Review Program. You agree that you will not disclose or use, or cause to be disclosed or used by others, any Confidential Information without the prior written consent of Company. You will immediately inform Company of any unauthorized disclosure or use, or any threat or likelihood of unauthorized disclosure or use, of the Confidential Information.

All of the Confidential Information and all tangible property embodying the same shall remain the sole property of Company, as between the parties. Nothing in these Terms and Conditions or otherwise related to your participation in the Product Review Program shall be construed to grant to you any rights by license or otherwise, either expressly or by implication, to any of the Confidential Information.

You acknowledge that the Confidential Information is of great value to Company, and agree that Company is entitled to seek injunctive relief if the Confidential Information is, or is threatened to be, prematurely disclosed or used in violation of this Agreement. Nothing herein will be construed to limit any other remedies available to Company.

5. RELEASE OF LIABILITY.

You understand that, in using a Product as a participant in the Product Review Program, there may be a risk of injury that is significant, including the potential for permanent injury or even death; and while following all instructions and safety precautions included with the Product may reduce this risk, THE RISK OF SERIOUS INJURY MAY STILL EXIST. YOU AGREE THAT YOU KNOWINGLY AND FREELY ASSUME ALL SUCH RISK, BOTH KNOWN AND UNKNOWN, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES (AS DEFINED BELOW) OR OTHERS, AND ASSUME FULL RESPONSIBILITY FOR YOUR PARTICIPATION. YOU FURTHER AGREE THAT, BEFORE USING EACH PRODUCT YOU WILL REVIEW THE SAFETY AND INSTRUCTION MANUAL PROVIDED WITH SUCH PRODUCT, AND YOU WILL FOLLOW ALL SUCH INSTRUCTIONS AND SAFETY PRECAUTIONS WHEN USING SUCH PRODUCT.

YOU, FOR YOURSELF AND ON BEHALF OF YOUR HEIRS, ASSIGNS, PERSONAL REPRESENTATIVES AND NEXT OF KIN, HEREBY RELEASE AND HOLD HARMLESS COMPANY, ITS OFFICERS, OFFICIALS, AGENTS AND EMPLOYEES, SHAREHOLDERS, AFFILIATED COMPANIES AND INSURERS, (COLLECTIVELY, THE “RELEASES”) WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH OR LOSS OR DAMAGE TO PERSON OR PROPERTY, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES, OR OTHERWISE ARISING OUT OF OR IN ANY WAY RELATING TO YOUR PARTICIPATION IN THE PRODUCT REVIEW PROGRAM.

You agree that neither Company, nor its agents or employees assume any legal liability for items lost, broken or stolen as a result of your participation in the Product Review Program.

6. INDEMNITY.

You agree to indemnify and hold Company, its employees and agents harmless from and against any and all liabilities, demands, claims, losses, costs, damages and expenses (including reasonable attorneys’ fees and costs associated with enforcing this Section 6) arising from or otherwise related to any of your actions or omissions while participating in the Product Review Program.

7. APPLICABLE LAW AND FORUM.

The Product Review Program and these Terms and Conditions 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. Both you and Company consent to jurisdiction in the state courts of Michigan with venue in the County of Oakland.

8. TERM AND TERMINATION.

Your participation in the Product Review Program will commence upon your acceptance of these Terms and Conditions and will remain in full force and effect unless and until your status as a Program Member is terminated as provided herein. You may terminate your participation in the Product Review Program at any time, for any reason by clicking on the “Your Account” drop down menu and clicking “Deactivate Your Account”. By deactiving your account in this manner, you will no longer invitations to participate in Campaigns and will no longer receive emails from the Product Review Program community.

Company reserves the right to terminate or restrict your participation in the Product Review Program, without notice, for any reason, including, without limitation, any violation of these Terms and Conditions, or the rules referenced herein, whatsoever.

You understand that any termination of your participation in the Product Review Program may involve deletion of your account information from our live databases and all the information stored for such account. Company will not have any liability whatsoever to you for any termination of your account or your participation in the Product Review Program, or related deletion of your information. To the extent permitted by applicable law, Company may modify, suspend or discontinue the Product Review Program at any time. You understand that certain provisions of these Terms and Conditions will survive termination of this Agreement. The provisions under the following Sections will survive termination of these Terms and Conditions for any reason: Sections 2 (Selection, Receipt and Use of Products), 3 (Review of Products), 4 (Confidential Information), 5 (Release of Liability), 6 (Indemnity), 7 (Applicable Law and Forum), 8 (Term and Termination) and 9 (Revisions and Continued Use).

9. REVISIONS AND CONTINUED USE.

Company reserves the right to amend any of these Terms and Conditions, including the policies, guidelines or other information on the Program Portal, at any time and at Company’s sole discretion. Any changes are effective upon posting a change notice or new terms and conditions on the Program Portal or on your Program Member account page. You are responsible for reviewing the new terms and conditions and any applicable changes or notices. YOUR CONTINUED PARTICIPATION IN THE PRODUCT REVIEW PROGRAM AFTER THE POSTING OF ANY CHANGES CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES TO THESE TERMS AND CONDITIONS, YOU MUST DISCONTINUE PARTICIPATING IN THE PRODUCT REVIEW PROGRAM AND IMMEDIATELY NOTIFY COMPANY BY EMAIL AT PTNA.SAMPLING@US.BOSCH.COM.

ENDORSEMENT REQUIREMENTS

Last Updated: July 2, 2020

Complying with applicable law is foundational to the way Robert Bosch Tool Corporation (“Bosch,” “we,” or “us”) conducts business. In observing this fundamental principle, Bosch is committed to complying with laws and regulations related to advertising, endorsements, and testimonials. These Endorsement Requirements (“Requirements”) serve as guidance for anyone (including Bosch’s customers, influencers, independent contractors, employees, etc.) speaking, writing, blogging, or posting about, or otherwise publicly endorsing, whether digitally or otherwise, Bosch, its products, or its services (“you” or “Endorser”) in the United States.

An endorsement is any message that consumers are likely to believe reflects the Endorser’s opinions, beliefs, findings, or experiences concerning Bosch products or services. These Requirements apply to any statement, audio or video recording, product review, online message (including commenting, reacting, liking, or tagging), or other public communication of any kind that could be construed as an endorsement of Bosch, its products, or its services, in any medium, including but not limited to, any form of print media, television or radio broadcast, digital communication, website, blog, or social media page, profile, or feed (including without limitation digital platforms such as Facebook, Instagram, SnapChat, TikTok, Twitter, YouTube, etc.).

Endorsers are solely responsible for their opinions, comments, and content, and may be held personally liable for any statements deemed to be defamatory, libelous, obscene, or an infringement or misappropriation of the proprietary rights of Bosch or any third party. Bosch may audit endorsements and may require amendments, revisions, retractions, and/or terminate its business relationship (if any) with you in the event of non-compliance with these Requirements.

Bosch reserves the right to change, alter, or modify these Requirements at any time without prior notice. If you do not agree to these Requirements, then do not make any endorsement.

Endorsers must adhere to the following requirements:

General Standards

You may only make statements about Bosch, its products, or its services that reflect your honest opinions, findings, beliefs, or experiences.
You may only make statements about Bosch products or services you have personally used, examined, or evaluated.
You may not make deceptive, misleading, untruthful, or unsubstantiated claims about Bosch products or services.
You may not engage in any communication that is defamatory, that infringes or misappropriates the intellectual property, privacy, or publicity rights of others, that in any way promotes unsafe or dangerous activities, or that violates local, state, or federal law.
You may not engage in any communication that violates the terms of use, community guidelines, or other terms, guidelines, requirements, or expectations of the platform in which you are communicating.
You may not use Bosch’s intellectual property (e.g., trademarks, logos, designs, or images) without Bosch’s prior written consent.
If you have access to proprietary or confidential information about Bosch (including product, design, business or financial information), you must keep confidential and not disclose such information in accordance with your confidentiality obligations to Bosch. If you have any question about whether information is confidential in nature, either contact Bosch directly before disclosing such information or otherwise err on the side of caution and do not disclose the information.
Endorsements by organizations must reflect the collective judgment of the organization.
Bosch employees who post their own opinions, comments, or recommendations about Bosch, its products, or its services must adhere to all employee policies; disclose that they are a Bosch employee; indicate whether their post is an ad, sponsored, or otherwise (as set forth more fully below under the heading “Disclosure Requirements”); and disclose that their views do not necessarily represent those of Bosch.

Disclosure Requirements

You must clearly and conspicuously disclose any material connections to Bosch in all communications concerning Bosch products or services.
A “material connection” is a relationship between you and Bosch – e.g., an employment relationship, a paid advertiser relationship, a family relationship, receipt of free products, or even a contest or sweepstakes entry – that may affect the weight or credibility a reasonable consumer would give to your endorsement. If the material connection would not be reasonably expected by the audience, then disclosure is required. Material connections include:
- Receiving compensation from Bosch (or its agent). Compensation is not limited to money, fees or commissions – anything of value, such as free or discounted products or services, free travel or accommodations, gift cards, event access, or prizes can trigger a disclosure obligation.
- Receiving potential consideration from Bosch in exchange for or with the expectation of an endorsement, such as a donation to a charity of your choice, an opportunity to appear on television, or entry into a contest or sweepstakes.
- A contractual, employment, familial, or personal relationship between you and Bosch.
Examples of adequate disclosures may include:
- This post is sponsored by Bosch;
- Bosch provided me [product] and asked that I post a review;
Thanks to/Courtesy of Bosch, I was given [product];
- I am a Bosch employee;
- Including a hashtag in an endorsement that clearly discloses the material connection.
  - Acceptable: #Ad, #BoschAmbassador, #BoschEmployee, #BoschSweepstakesEntry
  - Unacceptable: #Thanks, #Collab, #Spon, #Ambassador, #Employee, #Sweeps

A “clear and conspicuous” disclosure should be in close proximity to the endorsement, in a similar and clearly visible size, font, and color, and at the beginning of a message, website, video, voiceover, or post so it is easily seen or heard without the user needing to click, scroll, or look elsewhere (e.g., for videos or sliding tiles it must appear long enough to be noticed, read, and understood; for audio it must be read at a cadence that is easy to follow; on Instagram, it must appear at the beginning of a caption before the “more” truncated cutoff). Some social media platforms provide built-in disclosure tools. Do not assume that use of such tools or posting on a main profile page alone is adequate. Rather, follow the guidelines herein, including the Disclosure Requirements set forth above, for any social media posts. If your endorsement is being made via live-streaming, the disclosure should be given repeatedly throughout the stream so new audience members have an opportunity to receive the disclosure.

Your ongoing right to participate in the Bosch Tool Testers program and your eligibility to receive Bosch Tool Testers Products is at Bosch's and Bazaarvoice’s sole discretion. Bosch and Bazaarvoice reserve the right to remove your account from the Bosch Tool Testers program at any time without notice or notification.

Revisions and Continued Use

Bosch reserves the right to amend any of these Terms and Conditions, including the policies, guidelines, or other information on tooltesters.boschtools.com, at any time and at Bosch’s sole discretion. Any changes are effective upon posting a change notice or new terms and conditions on Bosch Tool Testers or on your Bosch Tool Testers Member Account page. You are responsible for reviewing the new terms and conditions and any applicable changes or notices. YOUR CONTINUED PARTICIPATION IN BOSCH TOOL TESTERS PROGRAM AFTER THE POSTING OF ANY CHANGES CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES IN THESE TERMS AND CONDITIONS, YOU MUST DISCONTINUE PARTICIPATING IN BOSCH TOOL TESTERS PROGRAM AND IMMEDIATELY NOTIFY BOSCH OF THIS AT https://tooltesters.boschtools.com/support/contact.