- NO PURCHASE NECESSARY
The hilmor 2017 Retool Your Future Essay Contest (the "Contest") begins at 12:01 a.m. Eastern Time ("ET") on Tuesday, August 1, 2017 and ends at 11:59 p.m. ET on Tuesday, October 31, 2017 (the "Contest Period"). The Contest provides eligible “Entrants” (as defined below) the opportunity to submit an essay up to 250 words describing how the HVAC/R industry will "retool your life" (the "Essay" or “Entry”) and to submit the Essay for consideration, as more fully set forth below. By participating in the Contest, each Entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of hilmor, 701 E. Joppa Rd, Towson, MD 21286 ("Sponsor"), which shall be final and binding in all respects. The administrator of the Contest is Creative Zing Promotion Group, 189 S. Orange Ave., Suite 1130a, Orlando, FL 32801 (“Administrator”). The Sponsor and Administrator will collectively be referred to as the “Contest Entities”.
The Contest is open only to legal U.S. residents who are eighteen (18) years of age or older at the time of registration, and legal residents of Canada (excluding Quebec) who are at least the age of majority in their province or territory of residence at the time of entry, who in each case will be enrolled in and attending* an established, recognized** Heating, Ventilation and Air Conditioning ("HVAC") training school in the United States or Canada in Spring 2018 (each an “Entrant” and collectively, “Entrants”). Employees, officers and directors of Contest Entities, their parent, subsidiaries and affiliates, and its and their distributors, retailers, sales representatives and advertising and promotion agencies and their immediate family members (defined for these purposes as including spouse, biological, adoptive and step-parents, children, siblings, grandparents and grandchildren, and the respective spouses of any of the foregoing, regardless of where they reside) and/or those living in the same household of each (whether related or not) are ineligible to enter the Contest or win a prize. Contest is void in Quebec and where prohibited by law.
*Each potential winner must provide proof of enrollment or acceptance into an established, recognized HVAC training school in Spring 2018 as a condition of receiving a prize.
**Sponsor shall determine, in its sole discretion, what is an established, recognized HVAC training school. At a minimum, the HVAC training school must offer regular classes toward the completion of certification as an HVAC/R technician to multiple students on a regular and continuous schedule.
- HOW TO ENTER:
To enter, visit www.retoolyourfuture.com (the "Website"), complete the registration form with the information requested including your full name, address (including state/province of residence and zip or postal code), daytime telephone number, email address, date of birth and name and address of HVAC training school where you are currently enrolled or where you intend to enroll, and the name of the teacher who informed you of the Contest (if any) and follow the instructions to upload a .pdf of your Essay or enter your Essay directly into the text box provided. Limit one (1) entry per person.
Each Essay that is entered into the Contest must meet the following "Essay Requirements":
(a) Essay must be Entrant’s own original, unmodified, previously unpublished work and not contain any third party copyrighted material;
(b) Essay must be factually accurate, e.g., based on actual events and circumstances;
(c) Essay must be written in the English language;
(d) Essay must be no more than two hundred fifty (250) words;
(e) Essay must not have won any other prize or award, must not have been previously published, and must not have been submitted in any other Contest or promotion; and
(f) Essay must not include text and/or content that is obscene, pornographic, libelous, illegal, discriminative, or otherwise a violation of any law or third party rights or is considered objectionable by the Sponsor.
No substitutions of new Essays will be accepted under any circumstances once the original Essay is entered for consideration. All information requested at registration must be completed to enter and to be eligible to win. Any communication or information transmitted to Sponsor and/or the Website by electronic mail or otherwise is and will be treated as non-confidential and nonproprietary. Proof of submission is not considered proof of delivery to or receipt of such entry. Furthermore, Sponsor shall have no liability for any Essay that is lost, intercepted or not received by the Sponsor.
Note: Contest Entities reserve the right, in their sole discretion, to disqualify any Essay that violates the Essay Requirements, or potentially infringes or otherwise violates or potentially violates a third party's rights or if the Essay is deemed to be lacking in taste, quality, or is otherwise objectionable.
- WINNER SELECTION:
Throughout and following the Contest Period, judges who are employees or representatives of one or more of the Contest Entities will review the eligible Essays and select five (5) potential Grand Prize winners from among all eligible received during the Contest Period.
Potential Grand Prize winners will be determined based on the following judging criteria:
(a) Essay demonstrates how attending HVAC/R school will help Entrant start a new life, or find new purpose in his/her life (50%);
(b) Essay explains how attending HVAC/R school is preparing Entrant for a career in the HVAC/R industry (20%);
(c) Essay demonstrates a commitment to Entrant's education and a career in the HVAC/R industry (20%); and
(d) Essay adheres to proper grammar and spelling and is presented in an organized manner (10%). Entrants will be judged solely on the basis of information submitted with the Essay. The six (6) Entrants whose Essays receive the highest score will be declared the potential Grand Prize winners, subject to verification. In the event of a tie, such tied Essays will be judged by an additional tie-breaking judge using the same criteria noted above. Final judging will take place in East Longmeadow, MA. SPONSOR HAS SOLE AND FINAL DETERMINATION OF EACH WINNER IN THIS CONTEST.
- WINNER NOTIFICATION:
The six (6) potential winners will be notified on or about Monday, December 4, 2017 by telephone, e-mail, and/or mail using the contact information provided at the time of entry. Each potential winner must provide proof of eligibility, including proof of enrollment at an accredited, nationally recognized HVAC school prior to being confirmed as a Grand Prize winner and provide the name and phone number of one (1) professional or education reference who has provided their consent to disclose their personal information to the Sponsor. The potential winners must execute an Affidavit (or Declaration for residents of Canada) of Eligibility, a Liability Release, all required tax forms and (where imposing such condition is legal) a Publicity Release (collectively, "Prize Claim Documents"). If a potential winner fails or refuses to sign and return all Prize Claim Documents within five (5) days of prize notification (or a shorter time if required by exigencies), winner may be disqualified and an alternate winner may be selected. Sponsor shall have no liability for any potential winner notification that is lost, intercepted or not received by a potential winner for any reason. If, despite reasonable efforts, a potential winner does not respond within seventy-two (72) hours of the first notification attempt, or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit his or her prize and an alternate winner may be selected based on the results of the above-referenced judging criteria. Contest Entities, in their sole discretion, will attempt to contact up to three (3) potential winners of a prize in accordance with the judging criteria noted above, after which the prize in question may go unawarded if it remains unclaimed. If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines the prize for any reason prior to award, such potential prize winner will be disqualified and an alternate prize winner may be selected, in Contest Entities sole discretion. Each Grand Prize winner shall be solely responsible for any applicable federal, state, provincial and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize. U.S. winners will receive an IRS Form 1099 for the actual value of the prize received. Any/all tax liability or reporting requirements associated with the Scholarship portion of the prize will be the sole responsibility of each respective Grand Prize winner. If winner is a Canadian resident, winner will be responsible for securing proper passport and/or Visa prior to traveling into the United States.
- PRIZES/APPROXIMATE RETAIL VALUES:
Six (6) Grand Prizes are available; limit of one (1) Grand Prize per Winner. Each Grand Prize consists of: a) up to a maximum of $5,000 USD tuition scholarship (the "Scholarship") for the winner’s benefit payable directly to the HVAC school the student is attending in Spring 2018; b) a hilmor® Starter Kit (Approximate Retail Value (“ARV”): $900 USD); and c) a trip for the Grand Prize winners ONLY to attend the 2018 AHR Expo in Chicago, IL including round-trip economy class air transportation (ARV: $500 USD); three (3) nights hotel accommodations (ARV: $750 USD); admission into the Expo (ARV: $20); and $300 USD cash to cover meals and incidental expenses. The total ARV of each Grand Prize is $7,470 USD ($9,651 CAD). Additionally, each winner's established, recognized school will receive a hilmor Green Wall merchandising system complete with one (1) set of tools with an ARV of $5,000 USD.
FOR SCHOLARSHIP: The Scholarship check for a maximum of $5,000 USD will be made payable directly to the accredited HVAC school in which the Grand Prize winner has successfully enrolled and Sponsor will mail the Scholarship funding directly to the HVAC school's financial aid office (or equivalent). Scholarship must be used for tuition, fees, books, supplies and/or equipment required for study for an academic period or periods falling in the 2018 calendar year. If Sponsor is unable to verify to its satisfaction that the winner is successfully enrolled in a qualifying HVAC school in the Spring 2018 academic period, then the Grand Prize will be forfeited in its entirety and awarded to an alternate winner based on the result of the above-referenced judging criteria. If a winner withdraws from the qualified HVAC school, or if the winner’s student status is terminated for any reason after the Scholarship has been awarded, any remaining Scholarship balance will be forfeited and such remaining balance, if applicable, will not be re-awarded.
FOR 2018 AHR TRIP: The 2018 AHR Expo is currently scheduled to take place from Sunday, January 21, 2018 – Wednesday, January 24, 2018. Grand Prize winner must be available to travel on dates designated by Sponsor. Dates of departure and return are subject to change at Sponsor’s sole discretion. Transportation, lodging and admission into the show will be arranged for each Grand Prize winner by representatives of the Sponsor. Any air transportation tickets are subject to the vagaries of flight variation, work stoppages and schedule or route changes. ARV for the trip portion of the Grand Prize may vary depending upon points of departure and destination and fare fluctuations. If the closest airport to a prize winner's home is in close enough proximity to Chicago, IL so that, as Sponsor may determine in its sole discretion, a flight is unnecessary, such prize winner will receive alternate transportation from the Sponsor with no further obligation to the winner. Prize winner will not receive cash or any other form of compensation if actual travel costs are less than the prize ARV in these Official Rules. Sponsor reserves the right to structure the travel route and select hotels in its sole discretion. In the event Grand Prize winner engages in behavior that (as determined by Sponsor in its sole and absolute discretion) is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the trip or other applicable experience early, in whole or in part, and send winner home with no further compensation.
If Grand Prize winner is unable to participate in the trip during the dates designated by Sponsor, the Grand Prize (including Scholarship) will be forfeited in its entirety. In the event the Grand Prize winner is able to participate in the trip during the dates designated by Sponsor and/or any event listed in the prize description does not or cannot take place as scheduled or at all, for reasons including but not limited to scheduling conflicts, cancellations, postponement, or for any other reason, then the Sponsor reserves the right to award the remainder of the prize with no further obligation to the winner. Excepting the preceding sentence, no cash alternative or prize substitutions will be allowed, except Sponsor reserves the right to substitute prize(s) of comparable value if a prize listed or any portion thereof is unavailable for any reason. The Sponsor shall not be liable to Grand Prize winner in the event that a flight is cancelled, delayed or rescheduled for any reason resulting in the winner being unable to attend all or any of the scheduled events, and the Sponsor shall have the right in its sole discretion to substitute, amend, reschedule and/or cancel any element of the prize and such prize may not be awarded to Grand Prize winner.
Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished by third parties in connection with the Contest. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
- REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION:
Each person who enters this Contest represents and warrants as follows: (i) the Essay is the Entrant's own original, previously unpublished, and previously unproduced work; (ii) the Essay, as of the date of submission, is not the subject of any actual or threatened litigation or claim; and (iii) the Essay does not and will not infringe any copyright, trademark or other intellectual property rights of any third party, does not and will not violate any applicable laws, and is not and will not be defamatory or libelous. Each Entrant hereby agrees to indemnify and hold the Contest Entities and the Released Parties (as defined below) harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of Entrant hereunder or acceptance, possession, misuse or use of the prize or participation in this Contest or in any Contest-related activity including preparing for and traveling to any prize-related activity.
- GRANT OF RIGHTS:
Each Entrant into the Contest hereby irrevocably grants, transfers, sells, assigns and conveys to the Sponsor and its designees, and their respective successors and assigns, all present and future right, title and interest of every kind and nature whatsoever, including, without limitation, all copyrights, and all rights incidental, subsidiary, ancillary or allied thereto (including, without limitation, all derivative rights) in and to the Essay for exploitation throughout the universe, in perpetuity, by means of any and all media and devices whether now known or hereafter devised. Sponsor shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter the Essay for any purpose which Sponsor deems necessary or desirable, and each Entrant irrevocably waives any and all so-called moral rights they may have therein. Each Entrant hereby acknowledges that such Entrant does not reserve any rights in or to the Essay.
- PUBLICITY RELEASE:
By participating in the Contest, in addition to any other grants which may be granted in any other agreement entered into between Sponsor and any Entrant in or winner of the Contest, each Entrant irrevocably grants the Sponsor, its designees and their respective successors, assigns and licensees, the right to use such Entrant's name, likeness, photographs, recordings, biographical information, testimonial (in whole or part), and Essay, in any and all media for any purpose, including without limitation, advertising and promotional purposes and hereby releases the Contest Entities from any liability with respect thereto.
- ENTRY CONDITIONS AND RELEASES:
BY ENTERING THIS CONTEST, EACH ENTRANT, POTENTIAL WINNER OR WINNER AGREES on behalf of him/her self and his/her heirs, executors, administrators, representatives, insurers and assigns: (A) to release and hold harmless Contest Entities, Contest prize suppliers all other individuals, organizations and entities involved in fulfilling, administering, advertising or promoting this Contest or delivering the Grand Prize and each of their respective past and present officers, directors, owners, shareholders, parent companies, subsidiaries, affiliates, employees, representatives, licensees, agents and designees (individually and collectively, “Released Parties”) from any and all claims, expenses, liabilities, personal injury, death, illness, property loss, litigation or damages of any kind to persons and/or property (including but not limited to invasion of privacy under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory, defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights) that may occur, directly or indirectly, whether caused by negligence or not, arising out of such Entrant’s Entry in this Contest and/or such Entrant’s acceptance, possession, use and/or misuse of the Grand Prize (or any part) awarded including but not limited to any travel or activity related thereto; (B) to indemnify, defend and hold harmless Released Parties from and against any and all claims, expenses and/or liabilities arising out of or relating to such Entrant’s Entry in this Contest and/or Entrant’s acceptance, use and/or misuse of the Grand Prize (or any part); (C) to be bound by these Official Rules, to waive any right to claim any ambiguity or error therein or in this Contest itself, and by all decisions of Contest Entities which are final and binding in all respects; and (D) Released Parties are not responsible or liable for any error, omission, interruption, defects, delay, theft, destruction or unauthorized access to or alteration of entries or for any malfunctions of the telephone network, computer Internet system, computer dating mechanism, computer equipment, software, or any combination thereof. Released Parties are not responsible for, and each Entrant hereby releases the Released Parties from, any claims arising from: (i) lost, late, illegible, mutilated, misdirected, damaged, corrupted, inaccessible, inaccurate or incomplete entries, entries not received by the time designated for the Contest Period, or for any electronic or human error that may occur in the processing of Entries or in the administration of this Contest; (ii) technical failures of any kind, including but not limited to the malfunctions or interruptions of any computer, equipment, cable, network, hardware or software, programming or failure of an email on account of technical problems or traffic congestion on the Internet at any website; (iii) unavailability or inaccessibility of any transmissions or telephone or Internet service (including the cloud), computer dating mechanism, devices, operating systems, software or any combination thereof in connection with the Contest; (iv) unauthorized human intervention in the entry process or technical or human error which may occur in the administration of or processing of entries in this Contest; and/or (v) any injury or damage to persons or property, including but not limited to Entrant’s computer, mobile device, hardware or software, including which may be caused, directly or indirectly, in whole or in part, from Entrant’s entry in this Contest (vi) theft, tampering, destruction, or unauthorized access to, or alteration of Entries. Released Parties are not responsible for any electronic or typographical errors in the printing, advertisement or reproduction of these Official Rules, in any advertisement or promotional material related to this Contest (print or online), or in administration of this Contest including but not limited to depiction of the Grand Prize (or any part) or announcement of the winner.
- DISQUALIFICATION/FORCE MAJEURE:
Sponsor reserves the right to modify, extend, suspend, or terminate this Contest if it determines, in its sole discretion, including but not limited to if this Contest is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of this Contest as contemplated herein. In the event an insufficient number of eligible Entries are received and/or Sponsor is prevented from awarding any prize or continuing with this Contest as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health or other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal, state or local government law, order, or regulation, public health crisis (e.g. SARS), order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then Sponsor shall have the right to modify, suspend, or terminate this Contest. If this Contest is terminated before the designated end date, Sponsor will (if possible) select the potential winners from all eligible, non-suspect Entries received as of the date of the event giving rise to the termination. If this Contest is modified in any way, the revised Official Rules will be located on the Contest Website.
Except where prohibited, each Entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any of the prizes awarded shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys' or legal fees; and (3) unless otherwise prohibited, under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules shall be governed by, and construed in accordance with, the laws of the State of Massachusetts without giving effect to any choice of law or conflict of law rules (whether of State of Massachusetts or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Massachusetts.
- RELEASE OF CLAIMS (CALIFORNIA):
Each Entrant acknowledges that there is a possibility that, subsequent to their involvement with this Contest and adherence to these Official Rules they may discover facts or incur or suffer claims which were unknown or unsuspected at the time agreeing to these Official Rules, and which if known by them at that time may have materially affected their decision to enter this Contest. Such Entrants acknowledge and agree that by reason of these Official Rules, and the release contained in the preceding subsections, they are assuming any risk of such unknown facts and such unknown and unsuspected claims. Such Entrants acknowledge that they have read these Official Rules and, as such, hereby have been advised of the existence of Section 1542 of the California Civil Code, which provides: “A general release does not extend to claims that the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
- WINNERS LIST:
To obtain a copy of any legally-required winners list, send a self-addressed stamped envelope to: 2017 Retool Your Future Essay Contest Winners, PO Box 547370, Orlando, FL 32854-7370. All such requests must be received by December 29, 2017. Canadian residents may omit return postage.
©2017 hilmor. All rights reserved.