DEL-AIR “COOLEST PLACE IN FLORIDA” CONTEST OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER, WIN OR CLAIM A PRIZE. A PURCHASE OR PAYMENT WILL NOT INCREASE AN ENTRANT’S CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED. PARTICIPATION CONSTITUTES ENTRANT’S FULL AND UNCONDITIONAL AGREEMENT TO AND ACCEPTANCE OF THESE OFFICIAL RULES.
ODDS OF BEING SELECTED AS ELIGIBLE TO WIN A PRIZE IN THIS CONTEST WILL DEPEND ON THE TOTAL NUMBER OF ELIGIBLE ENTRIES TIMELY RECEIVED IN ACCORDANCE WITH THESE OFFICIAL RULES.
- SPONSOR AND ADMINISTRATOR. The “Coolest Place In Florida” Promotion (the “Contest”) is sponsored by DEL-AIR HEATING, AIR CONDITIONING & REFRIGERATION LLC (the “Sponsor”). For the purposes of the Contest and these Official Rules, “Sponsor” shall include Sponsor’s affiliates and related companies, including without limitation, its parent, sister, affiliate, and subsidiary companies, retailers, franchisees, advertising, promotion and fulfillment agencies, suppliers of material and services related to the Contest, and any other corporation, partnership, sole proprietorship or other legal entity directly involved in the Contest and each of their respective owners, members, officers, directors, employees, agents, and other authorized representatives. The Contest is administered by SHOGUN MARKETING LLC (“Administrator”). The Sponsor and the Administrator shall be collectively referred to herein as the “Contest Entities.”
- CONTEST PERIOD. The Contest starts on Thursday, June 1, 2023 at 8:00 a.m. EST and ends on Sunday, March 31, 2024 at 11:59 p.m. EST (the “Contest Period”).
- ELIGIBILITY. All participants must (a) be at least twenty-one (21) years of age at the time of entry; (b) be a legal resident of Florida; and (c) own legal title to a residential dwelling unit in any of the regions listed in Section 4below (each, an “Entrant”). All applicable federal, state, and local laws and regulations apply. The Contest is void where prohibited by law or otherwise restricted. Also excluded from eligibility are (i) all officers, directors, employees, agents and representatives of the Contest Entities, including any members of any immediate families (defined as parents, siblings, children and spouses, regardless of where they live) or households (whether or not related) of such officers, directors, employees, agents and representatives of the Contest Entities; and (ii) any individuals who have won a prize from Sponsor during the six (6) month period immediately prior to the commencement of the Contest Period (this Section, the “Eligibility Criteria”).
- PRIZE INFORMATION.
- Number of Prizes. One (1) installed Lennox Home Comfort System shall be awarded to one (1) winner within the Florida Counties listed below, which shall be selected by random drawing by the Administrator at approximately 12:00 p.m. EST in Orlando, Florida, on Friday, April 5, 2024 (the “Draw Date”), subject to the terms and conditions of these Official Rules.
BAKER, BRADFORD, BREVARD, CHARLLOTTE, CITRUS, CLAY, DESOTO, DUVAL, FLAGLER, HARDEE, HERNANDO, HILLSBOROUGH, INDIAN RIVER, LAKE, MANATEE, MARION, MARTIN, NASSAU, ORANGE, OSCEOLA, PASCO, PINNELLAS, POLK, PUTNAM SAINT JOHNS, SAINT LUCIE, SARASOTA, SEMINOLE, SUMTER, UNION, VOLUSIA Counties, Florida.
- Approximate Retail Value of Prizes. The approximate retail value (“ARV”) of each Prize is subject to the following factors, and shall, in any event, not exceed $25,000.00, including the cost of installation: (i) the appropriate model of the Lennox Home Comfort System for the Winner’s dwelling, as determined by Sponsor in its sole discretion; (ii) Any costs exceeding $25,000.00 shall be the sole responsibility of Winner. The installation of the Prize shall be performed by Sponsor’s Business Unit located in the Winner’s region. Any difference between the ARV of a Prize and its actual value will not be paid to any Winner (defined below).
- HOW TO ENTER. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. There are two (2) ways to enter the Contest:
- Customers of each of the Sponsor’s Business Units in each of the Florida counties listed in Section 4 who schedule a free air conditioning system installation estimate appointment with Del Air Heating and Air Conditioning during the Contest Period will be automatically entered upon providing an email address; or:
- Individuals who complete the required entry form accessible at: http://coolest.place
Limit one (1) entry per person only. ALL METHODS OF ENTRY HAVE AN EQUAL CHANCE OF WINNING; MAKING A PAYMENT WILL NOT INCREASE AN ENTRANT’S CHANCES OF WINNING. By submitting an entry, Entrant confirms that he or she has read, understands and agrees to abide by these Official Rules. Each Entrant must meet to the Eligibility Criteria listed above or such entry will be deemed void and Entrant shall be ineligible to receive any Prize. All entries must be received during the Contest Period.
- HOW TO WIN.
- On the Draw Date, a random drawing will be conducted by the Administrator on behalf of the Sponsor from all eligible entries that are timely received to select the winners for each of the Prizes (each, a “Winner”).
- Odds of being selected as eligible to win a Prize in this Contest will depend on the total number of eligible entries in each region timely received in accordance with Section 4
- WINNER NOTIFICATION AND PRIZE CLAIM CONDITIONS.
- Entrants selected as Winners in accordance with Section 6 are subject to verification of eligibility and compliance with these Official Rules.
- Each Winner will be notified by Sponsor or the Administrator via the email address provided in the Winner’s entry. Each Winner must reply to such notification within forty-eight (48) hours of the time of notification, or the Prize will be forfeited and an alternate Winner will be selected in his/her place at random from among all eligible entries.
- The Winner must complete, sign and return to the Contest Entities (as directed) within seven (7) days of receipt of the notification described in subsection (b) above, a signed affidavit of eligibility and liability, and except where prohibited, publicity release form (collectively, the “Release”), releasing the Contest Entities from any liability in connection with this Contest or the acceptance, possession, use or misuse of any Prize. If a Winner fails to return the Release within the time period described in this subsection (c), the Prize will be forfeited and an alternate Winner will be selected in his/her place at random from among all eligible entries.
- The Winner will be responsible for all other expenses related to acceptance and use of any Prize, unless otherwise specified in the prize description in Section 3. Any person winning $600 or more worth of prizes from Sponsor in a calendar year will receive an IRS form 1099 after the end of the calendar year in which the prizes were awarded, and copy of such form will be filed with the Internal Revenue Service (IRS), or such other tax form as may be required by the laws of the jurisdiction in which the winner resides. Each Winner shall complete all tax documentation required by the law of the jurisdiction in which the Winner resides (“Tax Documentation”), and, depending on the value of the Prize, may be required to pay the applicable withholding taxes prior to receiving such Prize.
- The inability to reach a Winner or failure of a Winner to respond to a Contest Entity’s notification in accordance with subsection (b) above, failure to provide proof of eligibility (if requested), the Release, Tax Documentation or other required documentation in a timely manner, or other non-compliance with these Official Rules may result in disqualification, forfeiture of the Prize and, at the Contest Entities’ sole discretion, selection of an alternate eligible Winner for the forfeited Prize at random from all remaining eligible entries received, who may be subject to disqualification in the same manner.
- GENERAL CONDITIONS.
- The Prizes must be accepted as awarded and may not be substituted, transferred or redeemed for cash or otherwise; except that Sponsor reserves the right to substitute a Prize or any element thereof for a prize of equal or greater monetary value, in cash or otherwise, at its sole discretion, if a Prize, or any component of a Prize, cannot be awarded for any reason. Sponsor will not replace any lost or stolen prizes, and if a Winner does not use the full value of the Prize, no refund will be provided.
- Any attempt to exceed the maximum number of entries per person is a violation of these Official Rules and may result in disqualification. Entries generated by script, macro, robotic, programmed, or any other automated means are prohibited and will be disqualified.
- Entrants assume all risk of lost, late, misdirected, incomplete, or illegible entries. Incomplete, corrupted, garbled, misdirected or otherwise illegible entries, or entries without contact information, or do not conform to the requirements of these Official Rules, are void and will not be accepted.
- Contest Entities reserve the right to disqualify fraudulent entries or entries suspected of being fraudulent, as determined by the Contest Entities in its sole discretion. All entries submitted become the sole property of Sponsor and will not be acknowledged or returned.
- LIMITATION OF LIABILITY AND RELEASES. BY PARTICIPATING IN THIS CONTEST, ENTRANTS AGREE THAT THE CONTEST ENTITIES AND FACEBOOK HAVE NO LIABILITY WHATSOEVER FOR, AND ENTRANTS SHALL HOLD HARMLESS AND RELEASE THE CONTEST ENTITIES AND EACH OF ITS PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, AND ALL OTHERS ASSOCIATED WITH THE DEVELOPMENT AND EXECUTION OF THIS CONTEST AND FACEBOOK FROM ANY AND ALL LIABILITY FOR, ANY INJURIES, CLAIMS, LOSSES, DAMAGES, COSTS OR EXPENSES OF ANY KIND (INCLUDING WITHOUT LIMITATION (AND UNLESS PROHIBITED BY LAW), DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES) ARISING FROM, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY (A) ENTRY OR PARTICIPATION IN THIS CONTEST, INCLUDING ACCESS TO AND USE OF THE CONTEST WEBSITE; (B) ANY CLAIMS BASED ON PERSONALITY OR PRIVACY RIGHTS, DEFAMATION OR PRIZE DELIVERY; OR (C) THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF A PRIZE, INCLUDING BUT NOT LIMITED TO LIABILITY FOR PERSONAL INJURY, BODILY INJURY (INCLUDING WRONGFUL DEATH), DAMAGE TO PROPERTY, AND DAMAGE OR LOSS OF ANY OTHER KIND. THE CONTEST ENTITIES ARE NOT RESPONSIBLE FOR PRIZE QUALITY OR UTILITY.
THE CONTEST ENTITIES ARE NOT RESPONSIBLE FOR ANY UNDELIVERED E-MAILS, INCLUDING WITHOUT LIMITATION, E-MAILS THAT ARE NOT RECEIVED BECAUSE OF A POTENTIAL WINNER’S PRIVACY OR SPAM FILTER SETTINGS WHICH MAY DIVERT ANY NOTIFICATION OR OTHER E-MAIL, INCLUDING ANY WINNER NOTIFICATION E-MAIL, TO A SPAM OR JUNK FOLDER.
Without limiting the foregoing, the Contest Entities are not responsible for: (a) any incomplete or inaccurate information that is caused by Contest website users, or by any of the equipment or programming associated with or utilized in the Contest, or by any technical or human error which may occur in the processing of submissions in the Contest; (b) lost, interrupted, or unavailable network, server, service provider, on-line systems, telephone networks or telephone lines, or any other connections; (c) the theft, destruction, loss or unauthorized access to, or alteration of, entries; (d) any problems with, or malfunctions or failures of, telephone networks or lines, computers or computer on-line systems, servers or providers, computer equipment, software, viruses or bugs; (e) garbled transmissions or miscommunications; (f) failure of any e-mail to be received by or from the Contest Entities for any reason, including but not limited to traffic congestion on the Internet or at any website or combination thereof or technical incompatibility; (g) damage to a user’s computer equipment (software or hardware) occasioned by participation or downloading of materials related to this Contest; (h) printing, distribution, programming or production errors, and any other errors or malfunctions of any kind, whether human, mechanical, electronic or otherwise; or (i) technical, pictorial, typographical or editorial errors or omissions contained herein.
- GOVERNING LAW/DISPUTES. Entrants expressly consent and agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Contest, or any Prizes awarded, will be resolved individually, without resort to any form of class action, and exclusively by the courts located in Orange County, Florida; (b) any and all claims, judgments, and awards will be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, but in no event attorneys’ fees; and (c) under no circumstances will Entrants be permitted to obtain awards for, and Entrants hereby waive all rights to claim, indirect, punitive, incidental and consequential damages, and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Entrants and Contest Entities in connection with the Contest, will be governed by, and construed in accordance with, the laws of the State of Florida without giving effect to any choice of law or conflict of law rules (whether of the State of Florida or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Florida.
- WINNER INFORMATION. A list of the Winners may be obtained by sending a self-addressed stamped envelope to “Coolest Place Contest” at 531 Codisco Way, Sanford, Fl, 32771.
By accepting a Prize described herein, each Winner agrees to the Contest Entities’ use of his/her name, city/state/province of residence, picture, biographical information, statements, voice and likeness in any advertising and publicity the Contest Entities may conduct relating to the Contest in any media or format, whether now known or hereafter developed, including but not limited to the World Wide Web, at any time or times in perpetuity, without further compensation or notice, except where prohibited by law. Each Winner agrees to use best efforts to secure its companion’s agreement, if applicable, to these terms as a condition of acceptance of the Prize.
- RIGHT TO VOID / TERMINATE / SUSPEND / MODIFY. The Contest Entities reserve the right to suspend or modify this Contest, or these Official Rules, in whole or in part, at any time and without notice or obligation if, in the Contest Entities’ sole opinion, any factor interferes with its proper conduct as contemplated by these Official Rules. Without limiting the generality of the foregoing, if the Contest, or any part thereof, is not capable of running as planned for any reason, including but not limited to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, programming errors, or technical failures, which, in the sole opinion of the Contest Entities, corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, the Contest Entities may, in its sole discretion, void any suspect entries and: (a) terminate the Contest, or any portion thereof; (b) modify or suspend the Contest, or any portion thereof, to address the impairment and then resume the Contest, or relevant portion, in a manner that best conforms to the spirit of these Official Rules; and/or (c) award the prize from among the eligible, non-suspect entries received up to the time of the impairment in accordance with the winner selection criteria discussed above.