Rules

 

 

(b) THE PRIZES ARE ONLY THE ITEMS SET FORTH IN SECTION 2(a) ABOVE.  ONLY ONE FIRST PRIZE, ONE SECOND PRIZE, ONE THIRD PRIZE AND THREE MONTHLY PRIZES WILL BE AWARDED. THE APPROXIMATE RETAIL VALUE OF ALL PRIZES TO BE AWARDED IN THE CONTEST IS US$4,378.00 (APPROX. CA$6,449.23).  OTHER THAN AS EXPRESSLY SET FORTH IN THESE RULES, ALL EXPENSES AND COSTS RELATED TO THE RECEIPT AND/OR USE OF THE PRIZES ARE THE SOLE RESPONSIBILITY OF THE PRIZE WINNERS.

 

(c) The FIRST Prize consists of (i) a round-trip coach class air transportation between a major airport near the first-place grand prize Winner’s primary residence, as determined by Sponsor, and new york, new york; (ii) hotel accommodation for tWO nights in standard accommodations, single occupancy, as selected by Sponsor; (iii) transportation; (IV) dinner for two at a michelin-starred restaurant; (v) factory tour in blauvelt, new york; and other events. If the Winner cannot attend any event on the date(s) specified in the prize description (or as otherwise specified by Sponsor), prize will be forfeited and may be awarded to an alternate winner, time permitting. Reasonable efforts will be made to accommodate travel dates convenient for both the winner and sponsor; provided that all arrangements are subject to availability certain travel blackout dates may apply, and all travel must be completed within six months after the end of the entry period.

 

3.Eligibility:  The Contest is open only to individuals (i.e., natural persons) who meet each of the following requirements:

(a) he or she is a licensed mechanical or plumbing contractor or employed by a manufacturing sales representative, mechanical engineering or commercial construction firm, or a commercial institutional, or industrial facility owner or manager;

(b) he or she resides in one of the fifty United States or the District of Columbia or Canada (excluding Quebec);

(c) he or she is at least 19 years old or older (or the age of majority in the jurisdiction of their residence, whichever is older) at the time of entry; and

(d) he or she has a valid email address for notifications

 

Entrants may be required to prove their age and residency, the sufficiency of any such proof to be determined by Sponsor, in its sole discretion.  However, employees of any “Promotion Entity” (as defined in Section 11(b) below) that is not an individual, and/or of any parent or subsidiary company of any Promotion Entity that is not an individual, and the immediate family members and household members of such employees, are not eligible to participate in the Contest.  Void where prohibited or restricted by law.

 

4.Contest Entry Periods:  The Contest entry periods (each, an “Entry Period”) are as follows: (a) The entry period for the First Prize, Second Prize and Third Prize is from and including 12:00 A.M. Eastern Time on Tuesday, October 1, 2024, through and including 11:59 P.M. Eastern Time on Tuesday, December 31, 2024. (b) The entry periods for each of the Monthly Prizes are (i) from and including 12:00 A.M. Eastern Time on Tuesday, October 1, 2024, through and including 11:59 P.M. Eastern Time on Thursday, October 31, 2024 for the October Monthly Prize; (ii) from and including 12:00 A.M. Eastern Time on Friday, November 1, 2024, through and including 11:59 P.M. Eastern Time on Saturday, November 30, 2024 for the November Monthly Prize; and (iii) from and including 12:00 A.M. Eastern Time on Tuesday, Sunday, December 1, 2024, through and including 11:59 P.M. Eastern Time on Tuesday, December 31, 2024 for the December Monthly Prize.

 

Entries for the Prizes will be accepted only if (i) received within the applicable Entry Period and (ii) submitted via the method described in Section 5 below. Entries not received within the applicable Entry Period as aforesaid will not be valid to participate in the Contest or receive the applicable Prize.  Sponsor’s computer is the official clock for the Contest.

 

5.How to Enter:

 

(a) An eligible person may enter the Contest during the applicable Entry Period via the Entry Page by completing and submitting a Contest entry form and uploading a photograph of a professionally complete and correct installation of an AERCO product (a “Photo”). 

 

(b) You may include comments/captions to your Photos, but comments/captions will not be judged, and this is not required, nor will the inclusion of comments/captions in any way enhance your chance of winning a Prize. If you do add comments/captions, all uses of the word “Photo” in these Official Rules (as used in conjunction with Entries) includes the accompanying comments/captions as well.

 

YOUR PHOTO MUST NOT INCLUDE THE IMAGE OR LIKENESS OF ANY PERSON OR PERSONS OR IT WILL BE DISQUALIFIED.

 

(d) Your Photo will constitute one (1) entry (“Entry”) into this Contest.

 

(e) BY SUBMITTING A PHOTO AS PART OF AN ENTRY, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTOOD AND FULLY AGREE TO THESE OFFICIAL RULES. DO NOT SUBMIT A PHOTO WITHOUT FIRST REVIEWING THESE OFFICIAL RULES.

 

(f) Partial or incomplete/piecemeal submissions via the Entry Page (e.g., completing the entry form but not including photo, or including a photo without completing the entry form) will NOT BE ACCEPTED.

 

(g) Photos may be taken at any time prior to submitting an Entry, provided that the entrant either owns the photos outright or has the right to post such photos and submit them as an Entry in the Contest.  As discussed below, continued eligibility in the Contest may be conditioned upon the entrant’s submission of acceptable proof of ownership or the right to submit such photos. Photos must be submitted by the entrant him/herself. Submissions of other persons’ photos will not be accepted. To be eligible for the Contest, Photos must be submitted in compliance with the format and other requirements set forth on the Entry Page.

 

(h) The photos within each entrant’s Entry must be original (YOU MAY NOT COPY OTHERS’ WORKS, IN WHOLE OR IN PART, AND ANY SUCH COPYING MAY RESULT IN YOUR ENTRY BEING DISQUALIFIED).

 

(i) If any other persons were involved in the creation of photos comprising your Entry, you represent and warrant to Sponsor that you have obtained the written consent of each such person, granting Sponsor and its designees the perpetual, cost-free right to use the photos comprising your Entry and each such person’s name, biographical information, image and/or likeness (the “Licensed Matter”) for advertising, publicity and promotional purposes in any and all media, now or hereafter known, worldwide and on the Internet (including without limitation, for posting on the Contest website, if any, in connection with the Contest).  (Any website of Sponsor created for the Contest is referred to herein as the “Contest Website.”) In addition, you agree that Sponsor and its designees, have the right and license, perpetually and without compensation (except to the extent prohibited by law) to use the Licensed Matter without notice to anyone, without approval or inspection by anyone, and without the need for any additional consents, and you agree to execute a document specifically acknowledging and agreeing to the matters agreed to in this paragraph if you are asked to do so by Sponsor. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from you at any time. Failure to provide such proof, if requested, may result in your disqualification, at Sponsor’s sole discretion. If any other persons were involved in the creation of photos comprising your Entry, Sponsor reserves the right to disqualify entrant’s entire Entry if the entrant has not obtained the written consent of each such person prior to submission. Do NOT include personal information (e.g., your address, e-mail address or phone number) in any photo comprising the Entry.

 

(j) LIMIT ONE (1) CONTEST ENTRY PER PHOTO PER PERSON DURING THE APPLICABLE ENTRY PERIOD.  Entries in excess of this limit, or mass entry attempts by the same person using the same Photo will result in disqualification of all entries by such person. Entrants may submit multiple Entries using a different Photo for each Entry as long as each Photo and each Entry complies with these Rules including without limitation the requirements of Section 5. Once submitted, an Entry cannot be modified by entrant, and will not be returned.

 

6. Additional Entry Rules and Restrictions:

 

(a) By submitting an Entry, each entrant grants Sponsor and its designees a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sublicensable and transferable (in whole or part) worldwide license to use, reproduce, transmit, display, exhibit, distribute, create derivative works based upon, publicly perform and otherwise exploit the Entry, in whole or in part, in all media formats and channels now known or hereafter devised for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to the entrant, with or without attribution, and without the requirement of any permission from or payment to the entrant or to any other person or entity. The Winner may be required to sign a Grant of Rights and Release conveying the above rights in order to receive a Prize.

 

(b) By submitting an Entry, each entrant agrees to grant Sponsor and its designees the right to the use of entrant’s name, biographical information, photograph, image and/or likeness for programming, advertising, publicity and promotional purposes in any and all media, now or hereafter known, worldwide and on the Internet, and in perpetuity by Sponsor and its designees, without compensation (to the fullest extent prohibited by law) or additional consents and without prior notice, approval or inspection, and to execute specific written consent to such use if asked to do so.

 

(c) Without limitation of Sponsor’s terms and conditions of sale associated with the sale of any product of Aerco International, Inc. or any of its affiliates, entrant further expressly acknowledges that Sponsor and any other entity affiliated with this Contest do not owe him/her a duty of confidence (or fiduciary duty or the like) with regard to his/her Entry and that Sponsor has wide access to ideas, stories, photos, recipes, methods ,designs and other literary/artistic materials submitted to them from outside sources or being developed by their own respective employees and that such ideas/stories/recipes/methods/videos/methods/designs/literary/artistic materials may be competitive with, similar to (or even identical to) the Entry submitted by entrant and that Sponsor shall have no liability to entrant or any third party in conjunction therewith.

 

(d) An Entry may not contain, and Sponsor, in its sole discretion, may disqualify and/or remove any Entry that contains any content that: (1) violates any law or regulation; (2) violates or infringes any right of any third party, including but not limited to intellectual property rights, such as but not limited to rights of copyright, trademark or patent, or rights of publicity or privacy; (3) is defamatory, slanderous, libelous, scandalous or obscene; (4) contains any third person’s personal information, such as personal names or e-mail addresses; (5) contains any virus, bugs, or other deleterious material; (6) embodies the names or likenesses of any individuals other than entrant unless entrant has first obtained the prior written consent of any named/depicted/described person as set forth herein; (7) is sexually explicit; violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; contains nudity; (8) promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); (9) promotes any activities that may appear illegal, unsafe or dangerous; promotes any particular political agenda or message; (10) is obscene or offensive; (11) communicates messages or images inconsistent with the reputation, image and/or goodwill of the Sponsor or any other entity or person affiliated with this Contest; (12) is otherwise inappropriate, objectionable, or unsuitable for the uses contemplated in these Official Rules, as determined by Sponsor in its sole discretion.

 

(e) Sponsor and the other Released Parties (as defined below) will not be responsible or liable for any inability to view an Entry or any part thereof due to any technical difficulty, malfunction or failure of any kind.

 

(f) Entry must be the original work of the entrant and may not have won previous awards.

 

(g) Eligible Photos received by Sponsor may be posted on the Contest Website for public viewing; such posting has no effect on the judging of Photos. Entrants understand and agree that Photos may be formatted, edited or otherwise converted in order to be viewable on the Contest Website. Sponsor reserves the right to remove any Photo from the Contest Website at any time and for any reason, without liability of any kind. Sponsor may but is not obligated to post Photos on the Contest Website; if Sponsor chooses to do so, such re-posting is for entertainment purposes only and entrant releases and agrees to hold harmless the Released Parties (as defined below) from any and all liability associated with possible posting (or, conversely, non-posting) of his/her Photo on the Contest Website, including his/her express acknowledgment that (a) if posted, posting of the Photo does not constitute any representation by Sponsor as to Contest eligibility (see also “Judging” below); (b) if posted, the Photo as posted may differ from the Photo submitted by entrant, and may not be viewable at all times, due to technological limitations/malfunctions/errors or other causes; (c) Photos may be displayed on the Contest Website in any pattern, sequence or format, and such pattern/sequence/format may or may not be rotated or varied one or more times, in Sponsor’s sole discretion; (d) the Photo may or may not be attributed to the entrant, but, if so attributed, all aspects of the attribution (such as, prominence and placement) are at Sponsor’s sole discretion. Once a Photo is posted on the Contest Website, Sponsor is under no obligation to remove a Photo for any reason. FOR ALL PHOTOS POSTED ON THE CONTEST WEBSITE, SPONSOR DISCLAIMS ANY AND ALL LIABILITY IN CONJUNCTION WITH POSTING OF PHOTOS ON THE CONTEST WEBSITE. Without limitation of any other terms herein, by entering, the entrant agrees to indemnify and hold harmless Released Parties (as defined below) from any action or liability resulting from the possible posting of his/her Photo and/or the use of his/her Photo.

 

7. Conditions Relating to Entries:

 

(a) No attempted means of entering the Contest other than that set forth in Section 5 will be accepted as a valid means of entering the Contest.

 

            (b) Without limiting the provisions of Section 11(f) below, incomplete and illegible entries, late entries, and entries with information reasonably determined by Sponsor (in its sole discretion) to contain false information, will not be valid.  Each entrant is responsible for providing accurate information as to his/her mailing address and how he/she may be contacted via email (if applicable) and telephone.

 

(c) All entries become the property of Sponsor and will not be acknowledged or returned.

 

8. Specific Prize Conditions; Liability for Taxes:

 

(a) The Prize winners will be required to execute an Affidavit of Eligibility and Liability Release (for US residents) or a Declaration of Liability and Release (for Canadian residents), and, if permitted in his/her state of residence and if required by Sponsor, a Publicity Release (collectively, the “Prize Claim Documents”).  If a winner fails or refuses to sign and return all Prize Claim Documents in the manner and within the time set forth in Section 9(b) below, such winner may be disqualified, and an alternate winner may be selected.

 

(b) Any tax liability of any nature, including income disclosure obligations, related to the receipt and/or use of a Prize, shall be the sole responsibility of the recipient.  The winner of any Prize with a value US$600 or greater will be issued a 1099 US Tax Form for the retail value of such Prize. 

 

9.Judging / Winner Selection / Notification

 

(a)  Winner selection for the Prizes will occur on or about the following dates:  (i) for the October Monthly Prize:  Friday, November 8, 2024; (ii) for the November Monthly Prize:  Friday, December 6, 2024; (iii) for the December Monthly Prize, the First Prize, Second Prize and Third Prize:  Friday, January 10, 2025. Following the close of the applicable Entry Period, the Entries will be presented to the panel of judges comprised of AERCO marketing professionals (the “Sponsor Judges”). The Sponsor Judges will view each of the Entries (i.e., each Photo) and score each one. The scoring by the Sponsor Judges will be based on criteria below, each judged on a scale of 1-10 (10 being the highest) as follows:

(i) How well did the entrant demonstrate the professionalism of the installation in their Photo?(ii) How well does the Photo communicate the correctness of the installation?

(iii) How suitable is the Photo for promotional purposes?

(iv) How old is the installation and how long has the product been in service?

(v) Is the installation unique or unusual or in a famous location?

(vi) Is the size of the installation noteworthy (i.e. is it especially large or small)?

 

When the total scores are tabulated by the Sponsor Judges, the top Entry for each monthly Entry Period that is compliant with these Rules will be declared the Monthly Prize winner and the top Entry for all Entry Periods will be declared the First Prize winner. In the event of a tie for the highest score, each tied Entry shall be re-judged by the Sponsor Judges by ranking it with respect to the other tied Entries in order based solely on factor (iii) above.  The Entry with the second-highest score for all Entry Periods that is compliant with these Rules will be declared the Second Prize winner. In the event of a tie for the second-highest score, each tied Entry shall be re-judged by the Sponsor Judges by ranking it with respect to the other tied Entries in order based solely on factor (iii) above.  The Entry with the third-highest score for all Entry Periods that is compliant with these Rules will be declared the Third Prize winner. In the event of a tie for the third-highest score, each tied Entry shall be re-judged by the Sponsor Judges by ranking it with respect to the other tied Entries in order based solely on factor (iii) above.  Monthly Prize winners are eligible to win the First Prize, Second Prize and Third Prize, but Monthly Prizes are limited to one Monthly Prize per entrant. For the avoidance of doubt, if an Entry is not selected as the First Prize winner, the Second Prize winner, the Third Prize winner or a Monthly Winner, the entrant will NOT receive any Prize.

 

(b) The winner will be notified by email to the email the entrant used to enter the Contest through the Entry Page (a “Notification”). Entrants are encouraged to regularly check their email starting on or about the applicable winner selection date listed in Section 9(a). The potential winner will be required to execute and return such that they are received by Sponsor within ten (10) business days of Notification, an Affidavit of Eligibility, Release and Indemnification, and a Publicity Release where allowed by law, as well as any release(s) required by Sponsor from person(s) who were involved in the creation of the Photo (if applicable) (collectively, (“Prize Claim Documents”). The Affidavit will also include a grant of rights from the potential winner to Sponsor, as detailed above. If the Prize Claim Documents, executed as aforesaid, are not received by Sponsor within the aforementioned time period, the potential winner will be disqualified, the Prize will be forfeited by that potential winner, and an alternate entrant will be identified as a potential winner and so notified in the same manner as before.

 

(c) If a potential winner is disqualified for any reason, there will be no prize of any kind awarded to him/her (i.e., he/she will forfeit the opportunity to win the Prizes) and an alternate potential winner will be selected, i.e., the entrant with the next highest score from the judging process described in Section 9. The process will continue until such time that at a winner is determined in accordance with the above.

 

(d) If a Notification or Sponsor’s email to any potential winner including the required Prize Claim Documents is returned or is deemed by Sponsor (in its sole discretion) to be undeliverable, or in the event of non-compliance with the eligibility requirements and/or these Rules, the potential winner will be disqualified and an alternate entrant will be identified as a potential winner and so notified in the same manner as before.  All email accounts must be current and up to date at the time of the winner selection.

 

(e) The decisions of Sponsor will be final and binding on all matters relating to the Contest. 

 

(f) The scoring sheets containing the scoring for all phases of the judging are proprietary and confidential information of Sponsor and, as such, will not be made public or shared with entrants. As a condition of participation in the Contest, entrants waive any and all rights they may have to inspect the scoring sheets.

 

10.       Award of and Use of Prizes: 

 

            (a) The winners of the Contest will receive the Prizes, subject to these Rules.  The Prizes shall be awarded only to the individuals named as the Prize winners, and the right to the Prizes may not be sold, assigned or transferred to any other person.  The Prizes must be accepted as awarded, and no substitutions are allowed, except that Sponsor may substitute a prize of a value equal to or greater than the value of the originally described Prize, if any Prize, as described, is unavailable on a commercially reasonable basis (as determined by Sponsor, in its sole discretion) for any reason.  The Prizes may not be redeemed for cash or other consideration. 

 

            (b) Without limiting Section 2(b), the winner will be responsible for all expenses associated with the receipt, possession and use of the Prizes, except as expressly set forth in these Rules.  Sponsor is not responsible for the Prizes’ safety, utility, quality or otherwise.

 

11.       General Conditions; Privacy; Release and Waiver of Liability:

(a) The Contest is subject to these Rules and is governed by the laws of the Commonwealth of Massachusetts and the applicable federal laws of the United States of America.  By entering the Contest, each entrant agrees to be bound by and subject to the Rules, the decisions of Sponsor in relation to the Contest (which shall be final and binding in all respects) and Sponsor's Privacy Policy (available for review at https://www.watts.com/privacy-policy) (“Sponsor’s Privacy Policy”).  The data collected from entrants may be processed and stored in one or more jurisdiction outside Canada (which may include the United States) and may be subject to access by regulatory authorities in those jurisdictions. 

 

(b) Sponsor, its parent company Watts Water Technologies, Inc., each of their affiliated companies, and all of their respective directors, officers, employees, representatives and agents, as well as Weber-Stephen Products LLC, Yeti Coolers, LLC and each of their respective affiliated companies, and all of their respective directors, officers, employees, representatives and agents (collectively, the “Promotion Entities”), are not responsible for: any incorrect or inaccurate entry information, human error, technical malfunctions, theft, tampering, destruction, or unauthorized access to, or alteration of entries.  By entering the Contest, each entrant, on behalf of himself/herself and his/her heirs, successors, assigns, agents and representatives:

 

(i) releases and discharges each Promotion Entity from any and all claims, debts, liabilities, demands, obligations, costs, expenses, actions and causes of action of every nature, character, and description, known or unknown, including personal injury and death and including claims arising out of the alleged negligence of an entity, which he/she may now own or hold, or may at any time heretofore have owned or held, or may at any time hereafter own or hold, by reason of any matter, cause or thing whatsoever, occurred, done, omitted or suffered to be done, in connection with his/her participation in the Contest, and/or from his/her acceptance, receipt, possession, use and/or operation a Prize; and

 

(ii) acknowledges and agrees that none of the Promotion Entities have made or are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, with respect to the Contest and/or any Prize, including, without limitation, their quality or fitness for a particular purpose.

 

(c) Waiver of California Civil Code Section 1542.  Further, entrants are advised that California Civil Code § 1542 provides that:  A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.  By entering the Contest, each entrant, on behalf of himself/herself and his/her heirs, successors, assigns, agents and representatives, acknowledges that he/she understands the significance and consequences of California Civil Code § 1542 and, to the extent it may be applicable, elects to waive the benefits of its provisions, with the intent that the releases and waivers of liability in Section 11(b) and 11(e) shall include claims known or unknown, and unknown and unsuspected.

 

(d) In order to validly enter and in order to claim a Prize, entrants are required to provide Sponsor with certain information that can reasonably be used to identify them, such as their name, telephone number, physical address and email address (“Personal Data”).  Each entrant hereby agrees that such Personal Data and his/her image or likeness may be used and shared by Sponsor in connection with the conduct of the Contest (including but not limited to Prize fulfillment) and also as allowed by Sponsor’s Privacy Policy (subject to the terms and conditions of Sponsor’s Privacy Policy).  Each entrant further expressly releases, discharges, and agrees to hold harmless the Promotion Entities and all persons acting under either of their permission or authority, from any and all claims and liabilities he/she may have relating to Sponsor's use of his/her Personal Data, image or likeness in accordance with Sponsor’s Privacy Policy or these Rules, including without limitation claims under defamation, right of publicity and invasion of privacy.

 

(e) By entering the Contest, each entrant, on behalf of himself/herself and his/her heirs, successors, assigns, agents and representatives:

 

(i) releases and discharges each of the Promotion Entities from any and all claims, debts, liabilities, demands, obligations, costs, expenses, actions and causes of action of every nature, character, and description, known or unknown, including personal injury and death and including claims arising out of the alleged negligence of an entity, which he/she now may own or hold, or at any time heretofore may have owned or held, or at any time hereafter may own or hold, by reason of any matter, cause or thing whatsoever, occurred, done, omitted or suffered to be done, in connection with participation in the Contest, and/or from his/her acceptance, receipt, possession, use and/or operation of a Prize;

 

(ii) acknowledges that the information he/she provides in connection with the Contest is being provided to Sponsor and not to Weber-Stephen Products LLC or Yeti Coolers, LLC; and

 

(iii) acknowledges and agrees that none of the Promotion Entities, including but not limited to Weber-Stephen Products LLC or Yeti Coolers, LLC, have made or are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, with respect to a Prize, including, without limitation, its quality or fitness for a particular purpose.

 

            (f) None of Sponsor, the other Promotion Entities, including without limitation Weber-Stephen Products LLC or Yeti Coolers, LLC, shall have any obligation, responsibility or liability with respect to:  (i) entries, notifications, communications or materials sent from an entrant to Sponsor, or from Sponsor to an entrant, that are undelivered, lost, late, misdirected, garbled, inaccurate, incomplete, illegible, unintelligible, damaged or otherwise not received by the intended recipient, in whole or in part, due to computer, post office or technical error of any kind, (ii) telephone, electronic, hardware, software, network, Internet or computer malfunctions, failures or difficulties, (iii) power-related or weather-related events of any kind, and/or to any events not under Sponsor's direct control, (iv) entries or other communications from entrants that contain inaccurate information or do not comply with these Rules, (v) errors, omissions, interruptions, deletions, defects, delays in operation or transmissions, theft, destruction, unauthorized access or alterations by entrant or third parties, and/or (vi) any damage to entrant’s computer system that occurs in connection with participation in the Contest.

 

(g) Sponsor reserves the right to modify, suspend, or terminate the Contest, or any part thereof, if it determines, in its sole discretion, that the Contest, or any part thereof, is technically impaired or corrupted, or that fraud or technical problems, failures or malfunctions have destroyed or severely undermined or impaired the integrity, feasibility, security and/or proper play of the Contest, or any part thereof.  In addition, if for any reason the Contest, or any part thereof, cannot run as planned, including tampering, unauthorized intervention, fraud, technical failures or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest, or any part thereof, Sponsor reserves the right, in its sole discretion, to (i) disqualify any individual who is responsible for or who tampers with the any Contest process, and/or (ii) to cancel, terminate, modify or suspend the Contest, and (if the Contest is not cancelled) to select the winners from among all eligible entries received prior to the termination or modification.

 

12.       Governing Law; Forum Selection:  This Contest is governed by the laws of the Commonwealth of Massachusetts. Each Contest entrant knowingly and voluntarily intends and agrees that (i) the mandatory, exclusive venue for any action in any way related to or arising out of this Contest or Prizes awarded shall be resolved individually without resort to any form of class action and shall be in the state and federal courts in and for Suffolk County, Massachusetts; and (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering any Contest, but in no event attorneys’ fees. Each entrant hereby knowingly and voluntarily waives any and all objections to venue and personal jurisdiction in the foregoing courts, and submits themselves thereto. Each entrant hereby waives any right he/she may have to assert the doctrine of forum non-conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this Section 12, and stipulates that the aforementioned courts shall have in personam jurisdiction and venue over them for purposes of litigating any dispute, controversy, or proceeding arising out of or related to this Contest.

 

13.       Class Action Waiver:  Each Contest entrant agrees that an arbitrator, judge, magistrate or other similar authority may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.  By entering the Contest, the entrant agrees to waive any right to a jury trial or to participate in a class action.

 

14.       Identification of Winner:  The winner’s name, city, and photos may be posted on Sponsor’s website following confirmation, in Sponsor’s sole discretion.  To obtain winner information by mail, send a self-addressed stamped envelope to Sponsor at its principal place of business at 100 Oritani Drive, Blauvelt, New York, United States, so it is received by Sponsor no later than six months after the last day of the applicable Entry Period.  (Vermont residents may omit return postage.)  Please specify “AERCO 75^th Anniversary Photo Contest winners” on the envelope.  Please allow 6 to 8 weeks for receipt of the list.

 

15.       Final Matters:

 

(a) The invalidity or unenforceability of any provision of the Rules shall not affect the validity or enforceability of any other provision.  In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, the Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. 

 

(b) Except where prohibited by law, and regardless whether a Publicity Release is required of or signed by a Prize winner, acceptance of a Prize shall constitute and signify the Prize winner’s consent that Sponsor may use the winner’s name, likeness, image, voice, photographs and written statements made by the Prize winner about the Contest, a Prize, Sponsor, Sponsor’s products and/or services for promotional purposes in all forms of media, in perpetuity, without payment or consideration.

 

(c) No Promotion Entity shall be liable for failure or delay related to the Contest caused by any reason not within such Promotion Entity’s sole direct control, including but not limited to fire, flood, epidemic, earthquake, explosion, sickness, labor dispute or strike, bad weather, act of God or public enemy, equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, any newly-enacted federal, state or local government law, order, or regulation, or order of any court or governmental authority.