WINNER SELECTION AND CONFIRMATION: On March 2, 2020 at noon CST at 3820 American Drive, Plano, TX 75075, Sponsor, or an employee, agent or other representative of Sponsor, will select the potential winners (the “Selected Entrants”) from all eligible entries received before the Contest End Date based on the entrants with the oldest tank and tankless water heaters, respectively, with Sponsor’s decisions being final.
Selected Entrants will be deemed winners if they meet all of the eligibility criteria set out in these Contest Rules. If a Selected Entrant does not meet the eligibility criteria, he/she will be disqualified and will not receive a prize and another entrant will be selected by way of selecting the entrant with the second-oldest tank or tankless water heater, as applicable, from the remaining eligible entries. Before being declared a winner, a Selected Entrant will be required to: (i) sign and return the Sponsor’s Declaration of Eligibility and Liability/Publicity Release Form available at serviceexperts.com/contest rules; and (ii) comply with all other Contest Rules, all in the sole discretion of Sponsor.
Selected Entrants will be notified within one (1) business day of being chosen and will be contacted at the email address or phone number provided at the time of entry into the Contest, in Sponsor’s sole discretion, and up to three attempts will be made within 36 hours following winner selection. A Selected Entrant that does not or cannot accept a Prize may be forfeited and a new Selected Entrant selected by selecting the entrant with the second-oldest tank or tankless water heater, as applicable, in the Sponsor’s sole discretion. The Sponsor’s signed release form must be received by Sponsor no later than March 18, 2020. Sponsor is not responsible for the failure for any reason whatsoever of a Selected Entrant to receive notification or for the Sponsor to receive a Selected Entrant’s response. Prizes will be mailed to winners within four weeks of receiving their executed Declaration of Eligibility and Liability/Publicity Release Forms.
Disputes regarding identity of entrant: If the identity of a Selected Entrant is disputed, the entry will be deemed to have been submitted by the Authorized Account Holder (the individual assigned to the e-mail address or, if applicable for entry, social media handle associated with the entry). Each Selected Entrant may be required to provide proof that he/she is the Authorized Account Holder associated with the selected entry. 8. RELEASE AND INDEMNIFICATION: The winner must sign the Sponsor’s Declaration of Eligibility and Liability/Publicity Release form to: (i) confirm compliance with the Contest Rules; (ii) agree to accept the prize as awarded; (iii) release, discharge and hold harmless the Sponsor, its departments and agencies, parent, related and affiliated companies, subsidiaries, franchisees, advertising and promotional agencies, counsel, marketing partners, Facebook and each of their respective directors, officers, employees, shareholders, successors, sponsors, partners, licensees, subsidiaries, agents, artists, advisors, assignees, and all others associated with the administration, development and execution of the Contest (the “Released Parties”) from and against any and all manner of action, cause of action, claim or demand, loss or injury, use or misuse of a prize or any travel related thereto, and the use of the Entry by the Sponsor, suit, debt, covenant, contract, including legal fees and expenses, whatsoever, including but not limited to, claims based on negligence, breach of contract and fundamental breach, failure of any third party contractor or supplier used in connection with any aspect of the Contest to perform or deliver any goods or services, any act of God or any other event beyond the Released Parties’ control, any dissatisfaction of any kind by a winner with any aspect of the Contest or any prize, liability for physical injury, death, or property damage which the entrants, guests, their heirs, successors or assigns have, might have or could have suffered, by reason of or arising out of the entrant’s participation in the Contest and/or in connection with the acceptance and/or exercise by the entrant of the Prize as awarded; and (iv) indemnify the Released Parties against any loss, damage or expense, including legal fees, that any of the Released Parties may suffer or incur as a result of any non- compliance by an entrant with any of the Contest Rules or participation in the Contest and/or in connection with the acceptance and/or exercise by an entrant of a prize and the use of the Entry by Sponsor.
The Sponsor is not responsible for: (i) incorrect or inaccurate entry information which may affect a person’s ability to participate in the Contest or be awarded a prize, including but not limited to human error, technical malfunctions, lost or delayed entries for any reason, mail failures, omission, or any combination thereof, and entries which fail to fully comply with these Contest Rules; (ii) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (iii) lost, incomplete, delayed, mutilated or misdirected entries or Declaration and Release forms; (iv) injury or damage to the entrant’s computer or to any other individual’s computer related to or resulting from participating in, or downloading any material regarding the Contest or accepting a prize; (v) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use or misuse of any prize, including any travel related thereto and the use of the Entry by Sponsor; (vi) the security or privacy of information transmitted via computer networks or for breaches of privacy due to interference by third party computer “hackers” or otherwise; or (vii) late, lost, misdirected or unsuccessful efforts to notify a potential winner. 9. OTHER CONDITIONS: The Sponsor reserves the right to terminate or amend this Contest at any time and in any way, without prior notice. Without limiting the foregoing, if, for any reason, the Contest is not capable of running as originally planned for any reason, the Sponsor reserves the right to cancel the Contest and conduct a random draw from all previously received eligible entries received by the Contest End Date.
Publicity and entrant information: By participating in the Contest, entrants consent to the use of their name, address, postal code, telephone number, social media handles, comments and image, whether on videotape, photograph or any other means, for the administration of this Contest or any publicity carried out by the Sponsor, without further notice or compensation.
THIS CONTEST IS VOID WHERE PROHIBITED BY LAW. This Contest shall be governed exclusively by the laws of the State of Texas where any disputes are to be, including all issues and questions concerning the construction, validity, interpretation and enforceability of these Contest Rules, rights and obligations between entrants and the Sponsor, and procedural provisions, without giving effect to any choice of law or conflict of law rules. Any dispute shall be adjudicated by the courts sitting in Collins County, Texas.
Rule amendments: The Sponsor reserves the right, in its sole discretion, to amend or modify these Contest Rules, or modify, cancel or suspend this Contest, without prior notice for any reason whatsoever, including without limitation in the event that any cause beyond the reasonable control of the Sponsor corrupts, or threatens to corrupt, the security or proper administration of the Contest.
Intellectual Property: All intellectual property, including but not limited to trademarks, logos, designs, promotional materials, web pages, source codes, images, drawings, illustrations, slogans and representations are owned by the Sponsor. All rights are reserved. Unauthorized copying or use of any copyrighted material or other intellectual property without the express written consent of the Sponsor is strictly prohibited. The Sponsor’s marketing or other partners, if any, shall also have access to and rights to reproduce, copy or otherwise use any materials generated by this Contest or any submissions or materials generated by entrants.
Data Privacy: Entrants agree that personal data, especially name and address, may be processed, shared, and otherwise used for the purposes and within the context of the Contest and any other purposes outlined in these Official Rules. The data may also be used by Sponsor in order to verify the participant’s identity, postal address, and telephone number or to otherwise verify the participant’s eligibility to participate in the Contest.
Participants have the right to access, review, rectify, or cancel any personal data hold by Sponsor in writing to Service Experts LLC: 3820 American Drive, Suite 200, Plano, Texas 75075. Personal data will be used by Sponsor and its affiliates exclusively for the purposes stated herein. 10. Notice to Individuals – Removal from Mailing List: Any individual (or other duly authorized person) may elect to exclude the name and address of that individual from all lists used by Service Experts LLC. To elect to have an individual’s name excluded from all such lists, submit a removal request in writing to: Service Experts LLC, 3820 American Drive, Suite 200, Plano, Texas 75075.
OLDEST WATER HEATER CONTEST ENTRY FORM
Address (including postal code): __________________
Telephone Number: _____________
Email Address: ________________ No purchase required. Contest begins on December 19, 2019 at midnight CST and ends on January 16, 2020 at midnight CST. There are a total of two prizes available to be won consisting of a $500 USD cash prize for the oldest tank water heater inspected, and a $1,000 USD cash prize for the oldest tankless water heater inspected. Open to residents of the United States, who are eighteen years old or older at the time of entry. Your entry is void if it is made from a state where entry or winning a prize is prohibited by applicable law. Odds of winning depend on number of eligible entrants before contest closes. Limit one entry per person. Please read the contest rules in full at serviceexperts.com/contestrules.
OLDEST WATER HEATER CONTEST
DECLARATION OF ELIGIBILITY AND LIABILITY/PUBLICITY RELEASE I, ___________________________________________, in the state of ________________________ declare that I am ______ years of age, that my telephone number is: __________________________ and that my e-mail address is: ________________________.
I am making this declaration (the “Winner Release”) with the understanding that it will be relied upon to confirm my eligibility in this Contest.
I declare that I have read and complied with, and that I understand, all of the Contest Rules, which are available at serviceexperts.com/contestrules, that all of the information below is true and that I have committed no fraud or deception in entering the Contest or claiming the prize.
I further declare that I am eighteen years or older and that I am not a director, trustee, or employee of Service Experts LLC or a member of their immediate families, or any person residing in the same household as them.
In consideration of the prize, I agree as follows: 1) To accept the prize as awarded;
2) To release, discharge and hold harmless the Sponsor, its departments and agencies, parent, related and affiliated companies, subsidiaries, franchisees, advertising and promotional agencies, counsel, marketing partners and each of their respective directors, officers, employees, shareholders, successors, sponsors, partners, licensees, subsidiaries, agents, artists, advisors, assignees, and all others associated with the administration, development and execution of the Contest (the “Released Parties”) from and against any and all manner of action, cause of action, claim or demand, loss or injury, use or misuse of a prize, suit, debt, covenant, contract, including legal fees and expenses, whatsoever, including but not limited to, claims based on negligence, breach of contract and fundamental breach, failure of any third party contractor or supplier to the Sponsor or used in connection with any aspect of the Contest to perform or deliver services, any act of God or any other event beyond the Sponsor’s control, any dissatisfaction of any kind with any aspect of the Contest or any prize, liability for physical injury, death, or property damage which I, my heirs, successors or assigns have, might have or could have suffered, by reason of or arising out of participation in the Contest and/or in connection with the acceptance and/or exercise of the prize as awarded;
3) To indemnify the Released Parties against any loss, damage or expense, including legal fees, that any of the Released Parties may suffer or incur as a result of any non- compliance by me with any of the Contest Rules or participation in the Contest and/or in connection with the acceptance and/or exercise of the prize;
4) To grant to the Sponsor, its agents and representatives and marketing partners, the right to print, publish, broadcast, and use, worldwide in any media now known or hereafter developed, including, but not limited to, the World Wide Web, the Sponsor’s Internet websites and social media pages, at any time(s), my name, likeness, portrait, picture, photograph, voice, video camera footage, and biographical information (name, city, state of residence and image), as is or as may be edited, as news or information and for advertising promotional purposes without any compensation or review by me; and
5) To return upon demand to the Sponsor, or its agents, representatives or marketing partners, any prize which has been or may be awarded to me if any statement made by me in this Winner Release is false or if I have failed to comply with any of the Contest Rules, all as determined in the sole discretion by the Sponsor.
DATED THIS __________ DAY OF __________, 20___.