Noritz 10 Year Anniversary Sweepstakes
Important: Please read these rules before entering the Noritz 10 Year Anniversary Sweepstakes (the "Promotion").
By clicking on the "Accept" button below and/or otherwise participating in the Promotion, you agree to be bound by these Official Rules and represent that you satisfy all of the eligibility requirements below.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS PROMOTION.
1. Eligibility. PURCHASE WILL NOT INCREASE ODDS OF WINNING. PROMOTION VOID WHERE PROHIBITED. PROMOTION OPEN ONLY TO AUTHORIZED NORITZ AMERICA CORPORATION ("SPONSOR") PROCARD MEMBERS DURING THE PROMOTION PERIOD WHO ARE RESIDENTS OF THE U.S. (EXCLUDING PUERTO RICO) OR CANADA (EXCLUDING QUEBEC) AND WHO ARE OVER THE AGE OF 18 (OR THE AGE OF MAJORITY UNDER APPLICABLE LAW). IF YOU DO NOT MEET ANY OF THESE ELIGIBILITY REQUIREMENTS, OR ANY OTHER ELIGIBILITY REQUIREMENTS IN THESE OFFICIAL RULES, YOU ARE NOT ELIGIBLE TO WIN A PRIZE, AND SPONSOR RESERVES THE RIGHT NOT TO AWARD PRIZES TO YOU. To become a PROCard member, simply attend Sponsor training sessions or complete the online PROCard registration (http://procard.noritz.com) and follow the instructions to complete registration. To be eligible to win a prize, entries must be completed and received by Sponsor in the format designated below. Directors, officers and employees of Sponsor and any of their respective parent companies, affiliate companies, subsidiaries, agents, professional advisors, advertising and promotional agencies, and immediate families of each are not eligible to win any prizes. All applicable federal, state and local laws and regulations apply. Limit one hundred (100) entries per Noritz PROCard Member company for the entire Promotion Period (as defined below).
2. Disclaimer. Sponsor, Facebook, Inc., all participating sponsors and any of their respective parent companies, subsidiaries, affiliates, directors, officers, professional advisors, employees and agencies (collectively, the "Released Parties") will not be responsible for: (a) any late, lost, misrouted, undelivered, garbled or distorted or damaged transmissions or entries; (b) telephone, electronic, hardware, software, network, Internet, or other computer- or communications-related malfunctions or failures; (c) any Promotion disruptions, injuries, losses or damages caused by events beyond the control of Sponsor or by non-authorized human intervention; or (d) any printing or typographical errors in any materials associated with the Promotion.
3. Promotion Period. The Promotion starts at 12:01 a.m. (all times Pacific Time) on March 1, 2012 and ends at 11:59 p.m. on December 31, 2012 (the "Promotion Period"). The Promotion Period consists of ten (10) monthly prize periods (each, a "Monthly Prize Period"), three quarterly prize periods (each, a "Quarterly Prize Period") and one grand prize period, (the "Grand Prize Period").
Except as otherwise expressly stated in Section 8 below, all entries must be received during the applicable Monthly Prize Period, Quarterly Prize Period or Grand Prize Period to be eligible to win a prize for that particular Monthly Prize Period, Quarterly Prize Period or Grand Prize Period. Entries received during the Monthly Prize Periods and entries received during the Quarterly Prize Periods will be eligible to win the prize in the Grand Prize Period.
(a) Monthly Prize Periods. Five winners in each Monthly Prize Period will each receive one of the following prizes: a Noritz NR83-DVC Tankless Water Heater (service and installation not included) approximate retail value ("ARV"): $ 1749; an Amazon Kindle Fire (ARV): $200; an Apple 8GB iPod Touch (ARV: $200); a Bose iPod Sound Dock Series 2 (ARV: $400); an Olympus Tough TG 610 14-Megapixel Digital Camera (ARV: $280); a Sony Playstation 3 160 GB (ARV: $249); a Sony 1000W 5.1 Ch 3D/Wi-Fi Blu-Ray Home Theater System (ARV: $350); a Dewalt 18-Volt 4-Tool Combo Kit (ARV: $299) or a TomTom Go Live 2535M GPS (ARV: $270). Total ARV of monthly prizes awarded in all 10 Monthly Prize Periods: $28,735.
(b) Quarterly Prize Periods. One winner of each of the Quarterly Prize Periods will be awarded a prize as follows:
(d) All Prize Periods. In addition to the prizes described above, each Monthly Prize Period, Quarterly Prize Period and Grand Prize Period winner will also receive a Noritz acrylic plaque commemorating their Promotion win. ARV of plaque: $20.
5. Odds; Taxes; Etc. Odds of winning a prize depend on number of eligible entries received in each applicable Monthly Prize Period, Quarterly Prize Period or Grand Prize Period. ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNER.
6. Prize Details. All prizes will be awarded. Prizes returned as undeliverable or otherwise not claimed within 10 days after delivery of notification will be forfeited and may be awarded to an alternate winner. Prizes are not transferable. No substitutions or exchanges (including for cash) of any prizes will be permitted, except that Sponsor reserves the right to substitute a prize of equal or greater value for any prize. Limit one (1) prize per household or address. Actual color, accessories and features of the prizes awarded shall be selected by Sponsor in its sole discretion and may vary from photos used in print, Sponsor advertising, and in electronic and web banner advertising, including the Sponsor web site. All costs and expenses not specifically listed in Section 4 above as part of any prize, including, without limitation, any license or registration costs, and costs of any equipment to be used in connection with the prize, are solely the winners' responsibility. By participating in the Promotion, each winner acknowledges that Sponsor has not and will not obtain or provide insurance of any kind relating to any prize and that winner will be responsible for obtaining and paying for any life, car, vehicle, accident, property or other form of insurance relating to any prize. Entrants acknowledge that CERTAIN PRIZES, SUCH AS MOTORCYCLES, SIDE BY SIDE AND ATV MAY NOT BE street legal and should not be operated on PUBLIC ROADS UNLESS THEY ARE STREET LEGAL. Entrants also acknowledge THAT OPERATING ANY MOTORIZED MACHINE CAN BE DANGEROUS AND SHOULD ONLY BE PERFORMED with extreme caution BY AN ADULT and only after taking all APPROPRIATE safety precautions, including Taking all appropriate classes, obtaining legally required licenses and, where appropriate, wearing a helmet, LIFE JACKET OR other protective gear. Sponsor gives no warranty related to any prizes and prizes are awarded by Sponsor "AS IS" and WITHOUT WARRANTY OF ANY KIND from Sponsor, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). Notwithstanding the foregoing, a prize manufactured by a third party may include a manufacturer's warranty from that third party manufacturer. Winner is responsible for confirming the existence of a third party manufacturer's warranty with the manufacturer.
7. Identity of Entrant. In the event of a dispute about the identity of the entrant, entries made online will be declared made by the authorized account holder of the e-mail address submitted at time of entry. An authorized account holder is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization (e.g. business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. The potential winner may be required to provide Sponsor with proof that the potential winner is the authorized account holder of the e-mail address associated with the winning entry.
8. How to Enter. To enter, follow the instructions for either one of the two following entry methods:
(a) Warranty Registration Entry Method. To participate using the warranty registration method, install Noritz Tankless Water Heaters during the Promotion Period. Then, register with Noritz warranties for all Noritz Tankless Water Heaters that you install during the Promotion Period. To register warranties for installed Noritz Tankless Water Heaters, visit "PowerBase," located at http://procard.noritz.com, and fill out the warranty registration. Noritz Tankless Water Heaters warranty registrations must be registered online to be eligible for the Promotion.
Each unit installed and registered will constitute one Promotion entry, however, if (a) in 2011 you registered fewer than 5 Noritz Tankless Water Heater warranties or were an inactive PROCard Member, then you will receive 5 Promotion entries after you register your first Noritz Tankless Water Heater warranty during the Promotion Period, or (b) you are a new PROCard Member in 2012, then you will receive 10 Promotion entries after you register your first Noritz Tankless Water Heater warranty during the Promotion Period. You will only receive one Promotion entry for all subsequent Noritz Tankless Water Heater warranties you register.
(b) Mail-in Entry Method. Alternatively, you may enter the Promotion by sending a stamped 3x5 postcard with your full name, address, telephone number and e-mail address to Noritz America Headquarters, 11160 Grace Ave, Fountain Valley, CA 92708 Attn: Noritz 10 Year Anniversary Sweepstakes. Each postcard will constitute one Promotion entry.
(c) For All Mailed Registrations or Other Entries. Mailed entries must be postmarked by the last day of the then-applicable Monthly Prize Period, Quarterly Prize Period or Grand Prize Period, and received no later than seven (7) days after that date to be eligible to win for such period.
You may register as many Noritz Tankless Water Heater warranties as you wish, but there is a maximum of one hundred (100) entries for each Noritz PROCard Member company during the Promotion Period, regardless of the means of entry. For example, you may receive 100 entries by registering Noritz Tankless Water Heaters warranties during the Promotion Period or by mailing in 100 3x5 postcards (one (1) entry for each postcard up to a maximum of 100 entries), and at that point, the PROCard Member company would have reached its 100 entry limit and no other PROCard Member employees would receive any entries. The prizes will be issued to the primary account holder for the Noritz PROCard Member company. Failure to submit all required information in the manner required in these Official Rules may result in disqualification. Proof of online registration or mailing will not be deemed to be proof of receipt by Sponsor. All entrants and entries are subject to verification by Sponsor. By entering the Promotion, you consent to being placed on a mailing list for promotional and other purposes. Entries will not be acknowledged or returned.
9. Promotion Rules.
(a) Monthly Prize Periods. Each of the five winners of each Monthly Prize Period will be selected on or about the following days in a random drawing from all eligible entries received during the applicable Monthly Prize Period to be held at 11160 Grace Ave., Fountain Valley, CA 92708:
(b) Quarterly Prize Periods. Each of the three winners of each Quarterly Prize Period will be selected on or about the following days in a random drawing from all eligible entries received during the applicable Quarterly Prize Period to be held at 11160 Grace Ave., Fountain Valley, CA 92708:
(c) Grand Prize Period. The winner of the grand prize awarded at the end of the Grand Prize Period will be selected on or about January 15, 2013 in a random drawing from all eligible entries received during the Grand Prize Period to be held at 11160 Grace Ave., Fountain Valley, CA 92708.
Winners will be notified by telephone or e-mail within approximately 15 days after the applicable drawing date. To claim any prize, each winner must follow the instructions contained in his/her notification. Canadian participants must also correctly answer a timed mathematical skill testing question before being declared a prizewinner.
10. Sponsor Ownership of Entries. All entries and materials submitted to Sponsor in connection with the Promotion (collectively, "Entry Materials"), along with all copyright, trademark and other proprietary rights associated therewith, become the property of Sponsor upon submission, and Entry Materials will not be returned to any entrant.
11. No Facebook Endorsement. This Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook, Inc. You understand that by participating, you are providing your information to Sponsor, not to Facebook. You understand that by using and interacting with www.facebook.com, you are subject to the terms, conditions, and policies that govern the use of www.facebook.com. You should therefore review the applicable terms and policies for www.facebook.com, including privacy and data gathering practices, before using or interacting with Facebook.
12. General Release. By entering the Promotion, you release Sponsor, Facebook, Inc., and all Released Parties from any liability whatsoever, and waive any and all causes of action, related to any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Promotion or delivery, misdelivery, acceptance, possession, use of or inability to use any prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional, fines or legal proceedings (even if caused by a defect in the prize or the negligence of Sponsor), whether under a theory of contract, tort (including negligence), warranty or other theory.
13. LIMITATION OF LIABILITY. IN NO EVENT WILL SPONSOR, FACEBOOK, INC., OR ANY RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM ACCESS TO, OR USE OF, THE NORITZ.COM OR PROCARD.NORITZ.COM WEB SITES, ELECTRONIC OR COMPUTER MALFUNCTIONS OR ENTRANT PARTICIPATION IN THIS PROMOTION, EVEN IF SPONSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, EVERYTHING PROVIDED FOR THE PROMOTION, INCLUDING ANY SOFTWARE, IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
14. Use of Winner's Name, Likeness, etc. Except where prohibited by law, entry into the Promotion constitutes permission to use each winner's name, address, likeness and/or prize information, without limitation, for promotional purposes without further permission or compensation. As a condition of being awarded any prize, except where prohibited by law, each winner may be required to execute a consent to the use of his/her name, address, likeness and/or prize information, without limitation, for promotional purposes without further permission or compensation.
15. Affidavit & Release. As a condition of being awarded any prize, each winner will be required to execute and deliver to Sponsor a signed affidavit of eligibility and acceptance of these Official Rules and release of liability, and any other legal, regulatory, or tax-related documents required by Sponsor in its sole discretion.
16. Winner List; Rules Request. For a copy of the winner list, visit www.noritz.com or send a stamped, self-addressed, business-size envelope after January 30, 2013 and before January 31, 2014 to Sponsor at the address listed below, Attn: Noritz 10 Year Anniversary Sweepstakes Winner List. To obtain a copy of these rules, visit www.noritz.com/10-year-promo or send a stamped, self-addressed business-size envelope to Sponsor at the address listed below, Attn: Noritz 10 Year Anniversary SweepstakesRules Request. Residents of VT may omit return postage.
17. Copyright Notice. The Promotion and all accompanying materials are copyright © 2012 by Noritz America Corporation. All rights reserved.
18. Miscellaneous. The Promotion and these Official Rules will be governed, construed and interpreted under the laws of the State of California. Entrants agree to be bound by these Official Rules and by the decisions of Sponsor, which are final and binding in all respects. Sponsor reserves the right to change these Official Rules at any time, in its sole discretion, and to suspend or cancel the Promotion or any entrant's participation in the Promotion should viruses, bugs, unauthorized human intervention or other causes beyond Sponsor's control affect the administration, security or proper play of the Promotion, or Sponsor otherwise becomes (as determined in its sole discretion) incapable of running the Promotion as planned. In the event that Sponsor suspends or cancels the Promotion for any reason, Sponsor may award prizes in a random drawing from all eligible entries received up to the date of cancellation or suspension. Entrants who violate these Official Rules, violate any law, rule or regulation in connection with participation in the Promotion, tamper with the operation of the Promotion or engage in any conduct that is detrimental or unfair to Sponsor, the Promotion or any other entrant (in each case as determined in Sponsor's sole discretion) are subject to disqualification from entry into the Promotion. Sponsor reserves the right to lock out persons whose eligibility is in question or who have been disqualified or are otherwise ineligible to enter the Promotion. If you have any questions about these Official Rules or the Promotion, please e-mail them to firstname.lastname@example.org or send written questions to the address listed below, Attn: Noritz 10 Year Anniversary Sweepstakes Questions.
19. Sponsor: Noritz America Corporation, 11160 Grace Avenue, Fountain Valley, California 92708.