Ugliest Air Conditioner Official Contest Rules

  1. SPONSOR: The UGLIEST AIR CONDITIONER CONTEST (the “Contest”) is sponsored by Service Experts LLC, 1840 N Greenville Ave , Suite 128, Richardson, Texas 75081 (the “Sponsor”).

  2. ELIGIBILITY: The Contest is open to Indiana residents in the counties of Elkhart and St. Joseph and Michigan residents in the counties of Berrin, Cass and St. Joseph, who are eighteen years old or older at the time of entry. The organizers of the Contest (defined as any director, trustee, or employee of the Sponsor or any member of their immediate families or any person residing in the same household with them) are not eligible to enter or win a prize. The Sponsor makes no representations or warranties, implicit or explicit, as to your legal right to participate in the Contest. You are subject to all laws of the state in which you reside and from which you access the Contest and are solely responsible for obeying those laws. You agree the Sponsor cannot be held liable if laws applicable to you restrict or prohibit your participation. Your entry is void if it is made from a state where entry or winning a prize is prohibited by any applicable law. By participating in this Contest, entrants acknowledge compliance with, and agree to be bound by, these Contest Rules. Entrants who do not comply with any of the Contest Rules are subject to disqualification by the Sponsor, in the Sponsor’s sole discretion.

  3. CONTEST DATES AND TIMES: Contest begins on April 15,2021 at midnight CST and ends on May 15, 2021, at midnight CST, after which time the Contest will be closed and no further entries will be accepted.

  4. HOW TO ENTER: You will be entered in the contest by uploading a photograph of your air conditioner to the BW Cook Service Experts Facebook Community section. The entrant who has the most likes as of May 15, 2021 at midnight CST on Contest End Date will be declared the winner. For this Contest, receipt of an entry occurs when Sponsor’s servers record the purchase/entry information. All entries must include a complete first and last name, telephone number, postal code and e-mail address. All entries must be and are subject to verification by the Sponsor, in its sole discretion. Limit one entry per household.

    Any attempt or suspected attempt to use robotic, automatic, programmed, or otherwise, illicit means to enter the Contest, or any other methods not authorized by these Contest Rules, for example, but not limited to, creating multiple accounts, identities, or registrations, all in the Sponsor’s sole discretion, shall be deemed as tampering and may disqualify you from entering, participating and/or winning a prize. Entries that contain false or incomplete information are void. Entries that are late, lost, stolen, illegible, contain false information, are damaged, misdirected, mutilated, garbled or incomplete, altered or otherwise irregular or that do not conform with or satisfy any or all of the conditions of the Contest Rules are void. Entrants grant Sponsor a non-exclusive license to use all entries for any purpose. No correspondence will be entered into except with selected entrants. Proof of transmission (screenshots or captures, etc.) does not constitute proof of entry or receipt of an entry.

  5. CONTEST PRIZES: There is a total of one prize available to be won consisting of an Air Conditioner valued up to $10,000 USD (“Prize”). The Prize does not include a furnace.

    All winners assume any and all liability for any injury or damage caused, or claimed to be caused, by entering, participating in this promotion or use or redemption of a prize. Prizes must be accepted as awarded. Prizes or any portion thereof cannot be combined with other discounts, promotions or special offers. Sponsor reserves the right to substitute an alternate prize of equal or greater value if an advertised prize is unavailable at time of award.

    NONCOMPLIANCE WITH RULES OR RETURN OF PRIZE NOTIFICATION AS UNDELIVERABLE, WHETHER BY REGULAR MAIL OR BY EMAIL, MAY RESULTS IN DISQUALIFICATION AND SELECTION OF AN ALTERNATE WINNER.

  6. ODDS OF WINNING: The odds of winning depend on the number of eligible entrants before Contest closes.

  7. WINNER SELECTION AND CONFIRMATION: On May 17, 2021 at noon CST at 1835 Leer Drive, Elkhart , IN 46514 the Sponsor, or an employee, agent or other representative of the Sponsor, will select the potential winner (the “Selected Entrants”) from all eligible entries received before the Contest End Date based on the entrant with the oldest air conditioner with the 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-ugliest air conditioner (as indicated by the number of “likes”) 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; 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 through Facebook and email 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 ugliest water heater, in the Sponsor’s sole discretion. The Sponsor’s signed release form must be received by Sponsor no later than August 10, 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. The air conditioner will be installed within four weeks of receipt of Declaration of Eligibility and Liability/Publicity Release Form as signed by Selected Entrant.

    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. We will conduct a free inspection of the Selected Entrant’s HVAC system to determine which equipment would work with the Selected Entrant’s existing furnace. If, the furnace will not support any new Air Conditioner, then the Selected Entrant has the option of purchasing a new furnace to support the Prize. If the Selected Entrant does not select to purchase a furnace that will support the Prize, then Selected Entrant will be issued a credit for Sponsor’s local center in the amount of $10,000.00 USD which must be used within six months from the date of system inspection.

  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.

    Selected Entrant will be required to enter into a customary agreement for the purchase of the Prize, but the fee for the Prize will be waived. If any entrant would like to review the contact prior to entering the Contest, please contact Sponsor at (574)293-0063.

    THIS CONTEST IS VOID WHERE PROHIBITED BY LAW. This Contest shall be governed exclusively by the laws of the Texas, 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 Collin 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, 1840 N Greenville Ave., Suite 128, Richardson, Texas 75081.