Giveaway Rules

Valley Air Cares HVAC System Giveaway Official Contest Rules

NO PURCHASE OF ANY KIND IS NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WITH SPONSOR AND/OR SPONSOR’S AFFILIATES/SUBSIDIARIES WILL NOT INCREASE YOUR CHANCES OF WINNING.

1. SPONSOR: The Valley Air Cares HVAC System Giveaway contest (the “Contest”) is sponsored by Valley Air Heating, Cooling, & Plumbing, 1234 Middlebrook Avenue, Staunton, Virginia 24401 (the “Sponsor”). The promotion is in no way sponsored, endorsed, administered by, or associated with Mediagistic and/or Facebook.
2. ELIGIBILITY: The Contest is open to residents of the United States, who are eighteen years old or older at the time of entry. All eligible entrants must be a homeowner and such residence must be located in Sponsor’s service territory as determined solely by Sponsor. 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, the terms and conditions contained herein (“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 June 1st, 2023 at 12:00 pm Eastern Standard Time and ends on September 1st, 2023 at 12:00 pm Eastern Standard Time, after which time the Contest will be closed and no further entries will be accepted.
4. HOW TO ENTER: You can enter by submitting an entry form online at https://www.valleyairhvac.com/valley-air-cares-2023 or by mail (you can access a downloadable and printable entry form via https://www.valleyairhvac.com/valley-air-cares-2023 addressed to Valley Air, LLC, 1234 Middlebrook Avenue, Staunton, Virginia 24401. For this Contest, receipt of an internet entry occurs when Sponsor’s servers record the entry information and receipt of non-electronic entry occurs on the date Sponsor receives the non-electronic form at the designated mailing location above written. All entries must be complete and subject to verification by the Sponsor, in its sole discretion.
   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 regarding this Contest will be entered into except with Selected Entrant(s). 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: a heating, ventilation and air conditioning (HVAC) system valued at up to $15,000.00 USD and complimentary installation of the system by Sponsor.
   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 and have no cash value. Prizes or any portion thereof cannot be combined with other discounts, promotions or special offers. Prizes are not assignable or transferable. 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 RESULT IN DISQUALIFICATION AND SELECTION OF AN ALTERNATE WINNER.
6. ODDS OF WINNING: The odds of winning depend on the number of eligible entries received before the Contest End Date.
7. WINNER SELECTION AND CONFIRMATION: One Winner will be selected from among all eligible entries by a panel of qualified judges selected by Sponsor, to be held on or about Monday, September 4th, 2023 to Friday, September 8th, 2023. The judges will select the entry demonstrating the greatest verified need in the judges’ sole discretion. All decisions of the judges will be final. An inspection will be completed by Valley Air Heating, Cooling, and Plumbing to determine the HVAC unit necessary following the decision. Odds of winning depend on the number of eligible entries received.
   The Winner will be notified within five business days of the Contest end at the telephone number used for entry, email address or mailing address provided on the Winner’s entry form. Sponsor will call during regular business hours at number provided. Failure to reach Winner by phone after three attempts or return of email as undeliverable may result in disqualification of Winner, forfeiture of his or her interest in all prizes, and selection of a substitute winner from among all remaining eligible entries. Winner may waive his or her right to receive prizes.
8. RELEASE AND INDEMNIFICATION: The Winner must sign the Sponsor’s Declaration of Eligibility and Liability/Publicity Release form (Exhibit A) 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, 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 “Release 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 good or services, any act of God or any other event beyond the aspect of the Contest or any prize, liability for physical injury, death, or property damage which the Winner, guests, their heirs, successors or assigns have, might have or could have suffered, by reason of or arising out of Winner’s participation in the Contest and/or in connection with the acceptance and/or exercise by the Winner of the prize as awarded; and (iv) indemnify the Released Parties against any loss, damage or expense, including legal fees, that any Winner with any of the Contest Rules or participation in the Contest and/or in connection with the acceptance and/or exercise by Winner 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 malfunction, 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 of Eligibility and Liability/Publicity Release form; (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 breached of privacy due to interference by third party computer “hackers” or otherwise; or (vii) late, lost, misdirected or unsuccessful efforts to notify a Winner.
9. OTHER CONDITIONS: The Sponsor reserves the right to terminate or amend the 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 on the Contest End Date from all eligible entries received prior to such cancellation.
   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.
   Winner 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 Winner does not agree to enter into such agreement, Winner may be deemed ineligible to accept the prize by Sponsor in Sponsor’s sole discretion.
   THIS CONTEST IS VOID WHERE PROHIBITED BY LAW. This Contest shall be governed exclusively by the laws of Virginia, including all issues and questions concerning the construction, validity, interpretation and enforceability of these Contest Rules, provisions, without giving effect to any choice of law or conflict of law rules. Any dispute shall be adjudicated by the courts sitting in Staunton, Virginia.
   Rule Amendments: The Sponsor reserves the right, in its sole discretion, to amend or modify these Contest Rules, or modify, cancel or suspend the 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 threatened 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 all personal data provided, including 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 Sponsor’s Privacy Policy. The data may also be used by Sponsor in order to verify the entrant’s identity, postal address, and telephone number or to otherwise verify the entrant’s eligibility to participate in the Contest.

EXHIBIT A

VALLEY AIR CARES HVAC SYSTEM GIVEAWAY
DECLARATION OF ELIGIBILITY AND LIABILITY/PUBLICITY RELEASE

I, _____________________________________, in the state of Virginia declare that I am _____ years of age, that my telephone number is ___________________________ and that my email 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 https://www.valleyairhvac.com/valley-air-cares-2023, 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 Valley Air Heating, Cooling, and Plumbing 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, 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 other 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 know 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.

Winner Signature: ________________________________________________
Winner Printed Name: _____________________________________________
Dated this ___________ day of ____________, 2023.