Scratchers Promo

Official Rules for Noritz Scratchers Promotion
Important: Read these rules before entering this promotion. By participating in the Promotion, you agree to be bound by these Official Rules and represent that you satisfy all requirements below.
A PURCHASE OF A NORITZ TANKLESS IS NECESSARY TO RECEIVE A GAME PIECE.
ALL GAME PIECES CONTAIN WINNING PRIZES.

1. Eligibility. VOID WHERE PROHIBITED. PROMOTION OPEN ONLY TO CONTRACTORS, NORITZ PROCARD MEMBERS, AND INSTALLERS OF NORITZ TANKLESS WATER HEATERS WHO ARE LOCATED IN THE 50 UNITED STATES AND DISTRICT OF COLUMBIA AND/OR CANADA (EXCLUDING QUEBEC), AND ANY REPRESENTATIVES FOR SUCH WHOLESALERS WHO PARTICIPATE IN THIS PROMOTION MUST BE RESIDENTS OF THE 50 UNITED STATES, DISTRICT OF COLUMBIA, OR CANADA (EXCLUDING QUEBEC) AND AGE 18 OR OLDER (OR THE AGE OF MAJORITY UNDER APPLICABLE LAW, WHICHEVER IS OLDER). IF YOU DO NOT MEET THESE ELIGIBILITY REQUIREMENTS, OR ANY OTHER REQUIREMENTS IN THESE OFFICIAL RULES, YOU ARE NOT ELIGIBLE TO WIN AND NORITZ AMERICA CORPORATION (“SPONSOR”) RESERVES THE RIGHT NOT TO AWARD PRIZES TO YOU. To be eligible to win a prize, entries must be completed and received by Sponsor in the manner and format designated below. Directors, officers and employees of Sponsor as well as Wholesalers of Noritz and any of their respective parent companies, affiliate companies, subsidiaries, and immediate families of each, are not eligible to win. All applicable federal, state and local laws and regulations apply.

2. Disclaimer. Sponsor and any of its 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) phone, 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. Promotion starts at 12 AM (all times PST) on 9/1/2012 and ends at 11:59 PM on 12/31/2012 or until supplies of game pieces are depleted (whichever occurs first) (“Promotion Period”). Entries must be received during the Promotion Period (except as otherwise stated below for mail-in entries) and meet other requirements in these Official Rules to be eligible to win a prize.

4. Prizes; Odds.
• Game Tickets. Three winners will each receive (WINNER’s choice): (a) two tickets to an NFL or NCAA football game in a city/town that is closest to each winner’s hometown or (b) a $1,000 VISA cash card. Actual NFL or NCAA game tickets awarded will be determined in Noritz’s sole discretion. Approx. retail value (“ARV”) of each pair of tickets: $1,000. Odds of winning tickets are approx. [1 in 1,700]. Total ARV of all ticket/cash card prizes to be awarded: $3,000.
• Callaway Golf Driver. 10 winners will each receive one Callaway golf driver. Actual Callaway golf driver awarded will be determined in Noritz’s sole discretion. ARV of each driver: $300. Odds of winning a driver are approx. [1 in 510]. Total ARV of all driver prizes to be awarded: $3,000.
• Kindle Fire. 25 winners will each receive one Kindle Fire. Actual Kindle Fire model awarded will be determined in Noritz’s sole discretion. ARV of each Kindle Fire: $220. Odds of winning a Kindle Fire are approx. [1 in 204]. Total ARV of all Kindle Fire prizes to be awarded: $5,500.
• Sweatshirt. 80 winners will each receive one sweatshirt. Actual sweatshirt awarded will be determined in Noritz’s sole discretion. ARV of each sweatshirt: $50. Odds of winning a sweatshirt are approx. [1 in 91]. Total ARV of all sweatshirt prizes to be awarded: $2,800.
• T-Shirt. 5,000 winners will each receive one t-shirt. ARV of each t-shirt: $3. Actual t-shirt awarded will be determined in Noritz’s sole discretion. Odds of winning a t-shirt are approx. [5,000 in 5,094]. Total ARV of all t-shirt prizes to be awarded: $15,000.

5. Prize Details. ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNER. Except as expressly stated in these Official Rules, prizes are not transferable. No more than the advertised number of prizes will be awarded. No substitutions or exchanges (including for cash) of any prizes will be permitted, except that Sponsor reserves the right to substitute a prize of comparable or greater value for any prize. Actual color, accessories and features of the prizes awarded will be selected by Sponsor in its sole discretion and may vary from photos used in online or offline advertising. 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). [All [football ticket, golf club, and Kindle Fire] prizes will be awarded. Any [football ticket, golf club, and Kindle Fire] prizes not claimed by [12/31/2012] will be forfeited.

6. How to Enter. To enter, follow the instructions for either one of the two following entry methods
Purchase Order Entry Method. To participate using the purchase order entry method, take the following steps during the Promotion Period to earn one game piece:
• Step 1: Purchase a Noritz Tankless Water Heaters from your local participating wholesaler(s). The game piece will be attached to the box that houses the Noritz tankless
• Step 2: Scratch-off the game piece to reveal the winning prize.
• Step 3: Fax the game piece code along with the proof of purchase from your local wholesaler to (714) 241-1075. Include your contact information on the purchase order.
Mail-in Entry Method. Alternatively, you can mail the game piece with your proof of purchase and contact information to [Noritz America Headquarters, 11160 Grace Ave., Fountain Valley, CA 92708], Attn: JERRY PAN. No photocopied or mechanically-reproduced mail-in entries will be accepted.
Other Important Entry Information. Mailed entries must be postmarked by the last day of Promotion Period, and received no later than seven days after that date (and meet other requirements in these Official Rules) to be eligible to win a prize. All entrants and entries are subject to verification by Sponsor. Canadian participants must also correctly answer a timed mathematical skill testing question before being declared a prize winner
Distribution of Game Pieces. Wholesalers must make game pieces available to contractors in the 50 United States and District of Columbia or Canada (excluding Quebec) who install Noritz Tankless Water Heaters (“Contractors”).

7. Prize Claims and Notification. To claim a prize, Contractors must take the following steps by [12/31/12]:
• Step 1: Purchase a Noritz Tankless Water Heaters from your local participating wholesaler(s). The game piece will be attached to the box that houses the Noritz tankless.
• Step 2: Scratch-off the game piece to reveal the winning prize.
• Step 3: Fax the game piece code along with the proof of purchase from your local wholesaler to (714) 241-1075. Include your contact information on the purchase order.
Failure to submit required information may result in disqualification. Game pieces available while supplies last. All entrants and entries are subject to verification by Sponsor. Game pieces are void if (a) not obtained in accordance with these Official Rules and through legitimate channels, (b) any part is counterfeit, altered, defective, illegible, tampered with, mutilated or irregular in any way, or (c) contain printing, typographical, mechanical, seeding or other errors. Limit one prize per game piece and accompanying promotional code.

8. General Release. By participating in the Promotion, you release Sponsor 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.

9. Use of Winner’s Name & Likeness; Affidavit & Release. Except where prohibited by law, participation in the Promotion constitutes permission to use each winner’s name, hometown, likeness, and 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, hometown, likeness, and prize information, without limitation, for promotional purposes without further permission or compensation. Further, as a condition of being awarded any prize, each winner may 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 or tax-related documents required by Sponsor in its sole discretion.

10. Miscellaneous. The Promotion and these Official Rules will be governed, construed and interpreted under the laws of the State of California. Entrants and winners 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. If 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 and winners 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 (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. Any provision of these Official Rules deemed unenforceable will be enforced to the extent permissible, and the remainder of these Official Rules will remain in effect. If you have any questions about these Official Rules or the Promotion, please e-mail them to jpan@noritz.com. For a copy of the winner list, send a stamped, self-addressed, business-size envelope after [12/31/12] and before [12/31/13] to Sponsor at the address listed below, Attn: Noritz Scratchers Promotion Winner List. Sponsor: Noritz America Corp., 11160 Grace Ave., Fountain Valley, CA 92708.