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OFFICIAL SWEEPSTAKES RULES
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN.
The following promotion is intended for participants in the United States only and shall be construed and evaluated according to the laws of the United States. Do not proceed in this promotion if you are not a legal resident of the United States. Further eligibility restrictions are contained in the official rules ("Official Rules") below.
1. DESCRIPTION: The “Refer-A-Friend Sweepstakes” (the "Sweepstakes") begins on or about Tuesday, October 27, 2015 and ends on Thursday, December 31, 2015 at 11:59 pm Eastern Time (“ET”) (the “Sweepstakes Period”). The Sponsor of this Sweepstakes is Irwin Industrial Tool Company d/b/a hilmor, 301 Chestnut Street, East Longmeadow, MA 01028 ("Sponsor"). The administrator of this Sweepstakes is Creative Zing Promotion Group ("Administrator"), 189 South Orange Avenue, Suite 1130A, Orlando, FL 32801. There are two (2) prizes available, as described in Section 5. One (1) prize is available to existing hilmor newsletter subscribers and one (1) prize is available to new hilmor newsletter subscribers, in accordance with the entry details described in Section 3.
2. ELIGIBILITY: Sweepstakes is open only to legal residents of the forty-eight (48) contiguous United States and Washington, D.C. (i.e., excluding Alaska, Hawaii, Guam, Puerto Rico and all other U.S. territories and possessions), who are physically located and residing therein. Each entrant ("Entrant") must be at least eighteen (18) years of age and the age of majority in his/her state of primary residence at the time of entry and must work within the HVAC/R trade as a technician, distributor, student or other relevant trade position, determined at the sole discretion of the Sponsor. ENTRANT, IF SELECTED AS A WINNER, MUST BE AVAILABLE FOR TRAVEL JANUARY 24-27, 2016. Each Entrant must be the rightful owner (or have authorized use) of the email address identified in the Entrant's entry. In the event of a dispute as to the identity of a winner, the winner will be deemed the natural person in whose name the email account associated with the provided email address was opened. Employees, shareholders, officers, directors, agents, and representatives of Sponsor, Administrator (collectively, "Sweepstakes Entities"), their parents, subsidiaries and affiliates, and its and their distributors, retailers, sales representatives and advertising and promotion agencies are not eligible to participate in the Sweepstakes. Immediate family and household members of such individuals are also not eligible to enter or win. For purposes of the Sweepstakes, "Household Members" shall mean those people who share the same residence at least three months a year and "Immediate Family Members" shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses.
3. HOW TO ENTER: There are three (3) ways to enter the Sweepstakes. 1.) Existing Subscriber Entry: Eligible individuals who are existing hilmor newsletter subscribers as of October 27, 2015 may participate by clicking the Sweepstakes ad featured in the newsletter or by visiting the Sweepstakes page, located at http://www.hilmor.com/referafriend/refer-a-friend.php. Entrant must follow the on-screen instructions to complete the online entry form, affirmatively accept the Official Rules and provide up to three (3) valid referral emails. Each valid referral email will result in one (1) entry into the Sweepstakes, up to the maximum of three (3) total entries for the duration of the Sweepstakes. Each person that you refer will receive an email notifying them about the Sweepstakes and inviting them to sign-up for the hilmor newsletter. You may only refer persons (i) with whom you have an existing relationship, (ii) is over the age of 13 and (iii) is employed or otherwise similarly associated with the HVAC industry. Entries in excess of this limitation will be disqualified. All referral entries must be received by 11:59 pm ET on December 31, 2015. 2.) New Subscriber Entry: Eligible individuals who have received a referral email from an existing subscriber may participate by clicking thru from the referral email or by visiting http://www.hilmor.com/referafriend/sign-up-today.php. Entrant must follow the on-screen instructions to sign up for the email newsletter and affirmatively accept the Official Rules to receive one (1) entry into the Sweepstakes. Limit one (1) new sign-up entry per person/per email address for the duration of the Sweepstakes. All new subscriber entries must be received by 11:59 pm ET on December 31, 2015. New subscribers are not eligible to participate in the Existing Subscriber sweepstakes. 3.) Mail-In Entry: To enter the Existing Subscriber Sweepstakes without making a referral or the New Subscriber Sweepstakes without signing up for the newsletter upon being notified of your referral, eligible Entrants must hand print in ink on a 3 ½ x 5 index card (or similar) the following information: First Name, Last Name, Full Street Address (no PO boxes), Email Address, Daytime Phone Number, Date of Birth and which sweepstakes you are entering (either Existing Subscriber or New Subscriber sweepstakes). Limit one (1) entry per outer envelope. Limit three (3) entries per eligible Entrant for the duration of the Sweepstakes. Mail-in entries must be sent to: “hilmor Refer-a-Friend Sweepstakes”, PO Box 3189, Orlando, FL 32802-3189. Sweepstakes Entities assume no responsibility for lost, late, incomplete, stolen, misdirected, illegible or postage due entries or mail. Mail-In Entries must be postmarked by December 31, 2015 and received by January 6, 2016. No mechanically reproduced entries permitted. Illegible/incomplete entries are void. .
If entries exceed the entry limitations, the Entrant will be disqualified. Entries generated by a script, macro or other automated means will be disqualified. Entrants must accurately provide all of the requested information to be eligible to win. Incomplete, unreadable, or unintelligible entries will be disqualified. All information provided by Entrants becomes the property of Sponsor. ELIGIBLE ENTRANTS MUST SUBMIT THE REQUESTED ENTRY INFORMATION IN ACCORDANCE WITH THESE OFFICIAL RULES. NO OTHER METHOD OF SUBMISSION WILL BE ACCEPTED. Participation in the Sweepstakes constitutes Entrant's understanding of, full and unconditional agreement to, and acceptance of these Official Rules. Sponsor reserves the right to disqualify any Entrant that Sponsor determines to be in violation of any term contained in these Official Rules. Sponsor's decision not to enforce a specific provision of these Official Rules does not constitute a waiver of that provision or of the Official Rules generally. Sponsor has the right to change the Sweepstakes Period, and all other dates or deadlines set in connection with this Sweepstakes, at any time and in its sole discretion and notice will be posted on the Sweepstakes Homepage.
4. ODDS: Odds of winning depend on the number of eligible entries received during the Sweepstakes Period.
5. PRIZES:
| Grand Prizes (2) |
There are two (2) Grand Prizes available. Each Grand Prize “Winner” will receive a 4-day/3-night trip to Orlando, FL (the “Trip”) for the Winner ONLY to attend the 2016 AHR Expo currently scheduled to take place on January 25-27, 2016 (the “Event”). The Trip will consist of the following: (a.) Round-trip coach class airfare for Winner from a major airport with regularly scheduled commercial flights closest to the Winner’s permanent residence to an Orlando-area airport (or, in Sponsor’s sole discretion, $500 in lieu of air travel if winner lives within a 200-mile radius of Orlando); (b.) three (3) nights hotel accommodation at a hotel selected by the Sponsor (one room, room & tax only); (c.) airport transfers between the airport and hotel in Orlando; (d.) $300 spending money; and (e.) admission for one (1) person to attend the 2016 AHR Expo. Approximate Retail Value (“ARV”) of Grand Prize: $2,000. |
Total Cumulative Prize ARV: $4,000
WINNER MUST BE AVAILABLE FOR TRAVEL JANUARY 24-27, 2016. Trip must be taken on the dates specified by Sponsor and failure to travel during the specified times will result in forfeiture of the prize. Actual Grand Prize value depends on each Winner’s place of residence and cost and availability of airfare and hotel at time of booking and travel and may be substantially higher or lower than estimated value. Any costs of travel exceeding the allowance provided herein shall be the sole responsibility of the Winner. For the avoidance of doubt, the Winner shall be solely responsible for all expenses not specifically set forth herein, including but not limited to any baggage charges, meals, beverages, gratuities, tips, additional ground transportation expenses, telephone charges, taxes, incidentals and other personal expenses. Travel is subject to flight and hotel availability and blackout dates and other travel restrictions may apply. Airline tickets are subject to the vagaries of flight variation, work stoppages and schedule or route changes. Sponsor reserves the right to change travel dates and to substitute any or all of these portions of the prize for a prize of comparable or greater value should they become unavailable or impractical for any reason. If the Event is cancelled or postponed for any reason, Sponsor reserves the right, in its sole discretion, to either (a) award the Trip as described in these Official Rules but without admission to the Event; or (b) to change the dates of the Trip to accommodate an alternate Event date, if applicable. ALL FEDERAL, STATE AND LOCAL TAXES, AND ANY OTHER COSTS AND EXPENSES, ASSOCIATED WITH THE RECEIPT OR USE OF THE PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNER. An IRS Form 1099 will be issued in the name of the Winner for the actual value of the prize received; therefore Winner must provide a completed and signed Form W-9 for tax reporting purposes. Winner cannot assign or transfer the prize to another person, except at discretion of Sponsor. If a prize cannot be awarded due to circumstances beyond the control of Sponsor, a substitute prize of equal or greater retail value will be awarded; provided, however, that if prizes are awarded but unclaimed/forfeited by recipient, the prize may or may not be re-awarded, in Sponsor’s sole discretion. Other restrictions may apply. Limit one (1) prize per household. The Grand Prize, and all portions of the prize, are awarded WITHOUT WARRANTY OF ANY KIND, express or implied, without limitation.
Trip Conduct: Each Winner shall conduct him/herself with due regard to the public conventions and morals. Each Winner shall not, while representing the Sweepstakes Entities during the Trip, commit an offense involving moral turpitude under local laws or ordinances. Each Winner shall not commit any act that will tend to degrade the Sweepstakes Entities in society or bring the Sweepstakes Entities into public hatred, public disrepute, contempt, scorn, or ridicule or that will tend to shock, insult or offend the community or public morals or decency or prejudice the Sweepstakes Entities. In the event a Winner engages in behavior that (as determined by Sweepstakes Entities in their sole discretion) is obnoxious or threatening, illegal, or that is intended to annoy, abuse, threaten, or harass any other person, the Sweepstakes Entities reserve the right to terminate the Trip early and send the Winner home with no further compensation.
6. WINNER SELECTION AND NOTIFICATION: Potential Winners will be selected in a random drawing conducted by the Administrator from all eligible entries received for each prize on or about January 6, 2016. Each potential Winner will be notified by email and/or telephone, at the Administrator’s sole discretion, on or about January 6, 2016. Each potential Winner will be required to respond (as directed by the Administrator and/or Sponsor) to the notification within twenty-four (24) hours (or a shorter time if required by exigencies) of first attempted notification. TIME WILL BE OF THE ESSENCE IN AWARDING THIS PRIZE. The failure to respond timely to the notification may result in forfeiture of the prize and the Administrator will randomly select an alternate winner from the remaining eligible entries. Potential Winner will be required to verify address and complete, sign, and return within twenty-four (24) hours (or a shorter time if required by exigencies) an affidavit of eligibility, a liability release, and, unless prohibited by law, a publicity release and other legal documents as may be required by Sponsor in its sole discretion (collectively, the "Prize Claim Documents") covering eligibility, liability, advertising, publicity and media appearance issues. Failure to return the Prize Claim Documents within the specified time period may result in forfeiture of the prize and selection of an alternate winner from the remaining eligible entries for that prize. A prize will not be awarded/fulfilled until all such properly executed documents are returned. Sponsor, in its sole discretion, will attempt to contact up to three (3) potential winners of a prize in accordance with the above procedure, after which the prize in question may go unawarded if it remains unclaimed. Administrator reserves the right to disqualify anyone not fully complying with the Official Rules.
7. CONDITIONS OF PARTICIPATION/RELEASES: All federal, state and local laws and regulations apply. By participating, each Entrant agrees to be bound by these Official Rules and the decisions of the Sweepstakes Entities, which shall be final in all respects. By participating in this Sweepstakes and/or by accepting any prize, each Entrant agrees to release the Sweepstakes Entities, Newell Rubbermaid Inc. and each of their respective parent companies, subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the "Released Parties") from any and all actions, claims, injury, loss or damage arising in any manner, directly or indirectly, from participation in this Sweepstakes and/or acceptance or use of a prize. Each winner authorizes the Sponsor and its designees to use his/her photo, name, likeness, biographical data, city and state of residence in advertising, marketing, programming or promotional materials, worldwide in perpetuity, and on a winners’ list, if applicable, without further compensation unless prohibited by law. Sponsor is not obligated to use any of the above mentioned information or publicity materials, but may do so and may edit such information or materials, at Sponsor’s sole discretion, without further obligation or compensation. The Released Parties shall not be liable for: (i) any injuries, losses, liabilities or damages of any kind including personal injury or death caused by the prize or resulting from acceptance, possession or use of a prize including participation in any activity related thereto, or from participation in the Sweepstakes; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) late, lost, delayed, stolen, misdirected, postage-due, incomplete, unreadable, inaccurate, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission; (v) any inability of winner to accept or use any prize (or portion thereof) for any reason and such prize or portion thereof shall be forfeited; or (vi) any printing, typographical, human administrative or technological errors in any materials or activities associated with the Sweepstakes. Released Parties disclaim any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with this Sweepstakes. Sweepstakes Entities reserve the right, in their sole discretion, to cancel, modify or suspend the Sweepstakes (or any portion of the Sweepstakes) at any time for any reason or should a virus, bug, computer problem, unauthorized intervention, extenuating circumstance or other problem/cause corrupt or inhibit the administration, security or proper play of the Sweepstakes and, in such situation, will randomly select the winner from eligible non-suspect entries received prior to and/or after such action or in such manner as deemed fair and appropriate by the Sweepstakes Entities. Sweepstakes Entities may prohibit Entrant from participating in the Sweepstakes or winning a prize if, in its sole discretion, it determines Entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or any other unfair practices or intending to annoy, abuse, threaten or harass any other Entrants or Sweepstakes Entities. CAUTION: ANY ATTEMPT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE SWEEPSTAKES. SHOULD SUCH AN ATTEMPT BE MADE, SWEEPSTAKES ENTITIES RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. BY PARTICIPATING IN THE SWEEPSTAKES, PARTICIPANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY AWARD AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED, (IF ANY), NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS ($250.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; AND 3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
8. INDEMNITY: Winners shall indemnify, defend and hold harmless the Released Parties from and against any and all claims, damages, actions, liability, loss, injury or expense, including reasonable attorneys’ fees and costs, arising out of or in connection with: (a) such winner’s participation in the Sweepstakes; (b) a breach or allegation which if true would constitute a breach, of any of such winner’s representations, warranties or obligations herein; and (c) such winner’s acceptance, possession, grant, or use of any prize, including without limitation, personal injury, death and property damage arising therefrom.
9. GOVERNING LAW/JURISDICTION: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE SWEEPSTAKES SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF MASSACHUSETTS WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.
10. DISPUTE RESOLUTION: By participating in this Sweepstakes, each Entrant agrees that any and all disputes the Entrant may have with, or claims Entrant may have against, the Released Parties relating to, arising out of or connected in any way with (i) the Sweepstakes, (ii) the awarding or redemption of any prize, and/or (iii) the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively in the courts of Springfield, Massachusetts and will be resolved individually, without resort to any form of class action. Entrant hereby knowingly and expressly waives all rights to seek, punitive, incidental, exemplary, consequential or special damages, lost profits, and/or any right to have damages multiplied or otherwise increased.
11. PRIVACY POLICY: Any personal information supplied by you to Sponsor will be subject to Sponsor's privacy policy posted at http://hilmor.com/privacy. By entering the Sweepstakes, you grant Sponsor permission to share your email address and any other personal information with the other Sweepstakes Entities for the purpose of administration and prize fulfillment.
12. WINNER LIST/OFFICIAL RULES: To obtain a copy of the Winner list or a copy of these Official Rules, send your request along with a stamped, self-addressed envelope to “Refer-a-Friend Sweepstakes" Winner List/Rules, 189 South Orange Ave, Suite 1130A, Orlando, FL 32801. Requests for the names of the winners must be received no later than February 1, 2016. Vermont residents may omit return postage.