Service Experts LLC D&K Facebook Giveaways
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
ELIGIBILITY: The Contest is only open to: i) permanent legal residents of the fifty (50) United States and the District of Columbia who are eighteen (18) years of age or older, or ii) legal residents of Canada (excluding Quebec) who are at least the age of majority in their province of residence at the time of entry (the “Contestant”). Employees and their immediate family members (parents, children, siblings or spouse, regardless of where they live, or persons living in the same household, whether related or not) of Service Experts Heating & Air Conditioning LLC (the “Sponsor”) and each of its respective parent companies, divisions, affiliates, subsidiaries, distributors, advertising and promotion agencies, and any others engaged in the development, production, execution or distribution of this Contest, including but not limited to National Sweepstakes Company, LLC (the “Independent Administrator”) and the entities supplying the prizes herein (all of the aforementioned collectively referred to as the “Contest Entities”), are not eligible to participate. The Contest is subject to all federal, state, provincial, territorial and/or local laws and regulations. The Contest is void in Quebec, outside of the fifty (50) United States, District of Columbia and Canada and wherever else restricted or prohibited by law.
AGREEMENT TO OFFICIAL RULES: Participation in the Contest constitutes Contestant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of Sponsor, which are final and binding. Winning a Prize (defined in the “PRIZES” section below) is contingent upon fulfilling all requirements set forth in these Official Rules in a timely manner.
CONTEST PERIOD: The Contest begins on May 1, 2017 at 12:00:01 a.m. Eastern Time (“ET”) and acceptance of entries ends on June 29, 2017 at 11:59:59 p.m. ET (the “Contest Period”). Entries received outside of the Contest Period, and not in accordance herewith, will be disqualified.
HOW TO PARTICIPATE: Contestant must visit www.facebook.com/DKHeatingServiceExperts/ (the “Website”), “like” the page, and share comments about a positive experience with a D&K Heating service technician (the “Submission”).
Submission Requirements/Restrictions: Submissions (a) containing general obscene, lewd, crude, vulgar, profane, defamatory or inappropriate text, including acts of violence or acts that appear to cause harm; (b) containing other offensive content and/or any content expressing explicit, graphic or excessive indecent content that is or could be considered inappropriate, unsuitable, or offensive, and/or (c) containing and displaying third-party brands prominently and intentionally, or any materials that violate or infringe (or may infringe) any copyright (including, without limitation, music or artistic work), trademark, logo, or other mark that identifies a brand, entity or other proprietary right of any person living or deceased, including but not limited to rights of privacy or publicity or portrayal in a false light or (d) otherwise violate these Official Rules, as determined by Sponsor, in its sole discretion, shall be disqualified from the Contest. Sponsor reserves the right to disqualify a Submission with offensive content or material that it feels is inappropriate in any way. Late Submissions or Submissions sent via any other method than those stated above will not be accepted.
ADDITIONAL CONDITIONS: Submissions must be truthful in all respects. Contestants further agree and warrant that he/she shall not submit any Submission that is known by the Contestant to (a) be false, inaccurate, or misleading; (b) that infringes on any third party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy; (c) that violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising); and (d) that is or may reasonably be considered defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership, or corporation.
SELECTION: At the end of the entry period, Sponsor will select at random five winners from those who entered to receive the Prizes.
Social Media Release: Contestant hereby releases Facebook, Twitter and Instagram from any and all liability of whatever nature in connection with this Contest. Contestant acknowledges and agrees that this Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter and Instagram. Any questions, comments, or complaints regarding this Contest should be to the Sponsor and not to Facebook, Twitter and Instagram.
GRAND PRIZE NOTIFICATION/CLAIM: Grand Prize Winners will be notified via Facebook (the “Notification”). Except where prohibited, potential Grand Prize Winners must sign and return, within ten (10) days from the date of the Notification, an Affidavit of Eligibility/Liability/Publicity Release, and an IRS W-9 Form. If any potential Grand Prize Winner is unable to provide the Paperwork within the time and date indicated, then that Grand Prize Winner forfeits their right to the Grand Prize and an alternate Grand Prize Winner will be selected at random.
The value associated with the Grand Prize is taxable as income and the Grand Prize Winners are solely responsible for any taxes, including, but not limited to all applicable federal, state and local taxes that become due with respect to the value of the respective Grand Prize. The Sponsor, or a third party acting on its behalf, must report the value of the Grand Prize to the Internal Revenue Service in the year the Grand Prize is received by each Grand Prize Winner and will be reported to the Grand Prize Winner and the Internal Revenue Service in the form of a Form 1099.
PRIZE: Each of five (5) grand prizes will include a one-year PLUS™ agreement and a new, free, Wi-Fi enabled thermostat with installation. Each Grand Prize has an approximate retail value (“ARV”) of up to $179 CAD.
PRIZE RESTRICTIONS: Grand Prize must be initiated (for service agreement) and installed (for thermostat) by December 31, 2017. If not initiated and installed by December 31, 2017, that Grand Prize Winner will forfeit the Grand Prize and no compensation or further obligation will be provided to the Grand Prize Winner.
Any difference between ARV and actual value will not be awarded. Certain restrictions, as determined by Sponsor, may apply. If a Grand Prize Winner is unable to meet the requirements as outlined in these Official Rules, the Grand Prize will be forfeited in its entirety and an alternate Grand Prize Winner may be selected.
No more than five (5) Grand Prize as set forth in these Official Rules will be awarded. The specifics of the Grand Prize shall be solely determined by the Sponsor. The Grand Prize must be accepted as awarded. No cash or other prize substitution permitted except at Sponsor's discretion. The Grand Prize is nontransferable. Any and all Grand Prize related expenses, including without limitation any and all federal, state, and/or local taxes shall be the sole responsibility of each Grand Prize Winner. Sponsor reserves the right to substitute a prize of equal or greater value if the advertised Grand Prize is unavailable for any reason beyond our control.
PUBLICITY/LICENSE: Except where prohibited, participation in the Contest constitutes Grand Prize Winner’s consent to Sponsor’s use of Grand Prize Winner’s name, likeness, voice, opinions, biographical information and state of residence for promotional purposes in any media without further payment or consideration, permission, or approval, unless prohibited by law. Contestant acknowledges and agrees that Sponsor shall have no obligation to post, display, or otherwise make publicly available any Submission submitted by the Contestant. Contestant acknowledges that comments or ratings that he/she disagrees with or is unhappy about may be published or otherwise become associated with the Submission he/she submitted to the Sponsor. Contestant agrees to hold Sponsor and its officers, directors, employees, agents, successors, and assigns harmless from and against, and hereby waive any right to pursue, any claims of any nature arising in connection with Sponsor’s use of the Submission submitted to Sponsor and used in any manner in Sponsor’s sole and absolute discretion.
GENERAL CONDITIONS: Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the submission process or the operation of the Contest or to be acting in violation of these Official Rules. Any attempt by any person to undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. The failure of Sponsor to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsor, or other “force majeure” event will not be considered a breach of these Official Rules. In the event that the operation, security, or administration of the Contest is impaired in any way for any reason, Sponsor may, in its sole discretion, either (a) suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules, or (b) cancel the Contest and award the Grand Prizes from among the eligible Submissions received up to the time of the impairment based upon the “Selection” section of these Official Rules. Sponsor’s failure to enforce any provision of these Official Rules shall not constitute a waiver of that provision. The Released Parties (defined below) are not responsible for lost, late, misdirected, undeliverable or incomplete Submissions, whether due to system errors or failures, faulty transmissions or other telecommunication malfunctions, Submissions not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, failed, incomplete or garbled computer or telephone transmissions, typographical or system errors and failures, technical malfunctions, or otherwise. In the event of a dispute regarding who submitted a Submission, the Submission will be deemed submitted by the Authorized Account Holder (defined below) of the social media account at the time of Submission. “Authorized Account Holder” is defined as the natural person who is assigned to the social media account by the Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning. A Contestant may be requested to provide Sponsor with proof that the Contestant is the Authorized Account Holder of the social media account associated with the entry.
RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Contest, Contestants agree to release and hold harmless Sponsor, its officers, directors, employees, and agents (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Contest or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Contest; (b) technical errors related to computers, servers, providers or telephone or network lines; (c) printing errors; (d) errors in the administration of the Contest or the processing of entries; (e) any incorrect or inaccurate information; (f) inability to access Sponsor’s internet web site; (g) transactions that are processed late or incorrectly or are incomplete or lost due to computer or electronic malfunction or traffic congestion on the internet or at any website; and/or (h) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Contestant’s participation in the Contest or receipt of any prize or Sponsor’s use of submitted Submissions and attributes, including, without limitation, claims for invasion of privacy, right of publicity, defamation, libel, or further consideration. Contestant further agrees that in any cause of action, Sponsor’s liability will be limited to the cost of entering and participating in the Contest, and in no event shall Sponsor be liable for attorney’s fees. Contestant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
DISPUTES: Except where prohibited, Contestant agrees that: (a) any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of New York; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering a Contest, but in no event attorneys’ fees or expenses; and (c) Contestant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, Contestant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
SPONSOR: The Contest is sponsored by Service Experts LLC, 3820 American Drive, Suite 200, Plano, TX 75075-6126.
This Contest shall not be published without permission of the Sponsor.