RULES OF THE GAME – THE LONG (OFFICIAL) VERSION
NATE BOWL 2008 Official Rules
NO PURCHASE NECESSARY.
1. Eligibility: NATE Bowl 2008 is open to all HVACR contractors in the
United States and Canada. Entrants must meet or exceed the age of
majority in their state of residence to participate, but in no event will any
person under the age of eighteen (18) be permitted to enter the
Promotion. Employees of North American Technician Excellence (NATE),
Hickman + Associates, their parent, subsidiary, and affiliate companies,
suppliers as well as the immediate respective family (spouse, parents,
siblings and children) and household members of each such employee are
not eligible. Subject to all applicable federal, state and local laws and
regulations. Void where prohibited. Participation constitutes entrant’s full
and unconditional agreement to these Official Rules and Sponsor’s
decisions, which are final and binding in all matters related to the
Promotion.
2. Sponsor: The Sponsor of the Promotion is North American Technician
Excellence (NATE), located at 4100 North Fairfax Drive, #210, Arlington,
Virginia 22203 (“Sponsor”).
3. Timing: The Promotion begins on February 1, 2008 at 12:01 a.m.
Eastern Standard Time ("EST") and ends on October 31, 2008 at 11:59
p.m. EST (the "Promotion Period").
4. How to Enter: During the Promotion Period, visit www.natex.org and
complete the NATE Bowl registration form or call 1-877-420-NATE toll
free and enter by providing your contact information to the operator.
Limit: All HVACR contractors may register once and receive an entry into
the Promotion; additional entries will be awarded to those contractor’s
who have technician’s securing certification (or re-certification) during the
Promotion Period.
5. Promotion: Sponsor, or a judging organization acting on its behalf,
shall be the final arbiter of all matters and disputes regarding the
Promotion, and its decisions as to the administration and operation of the
Promotion and the selection of potential winners are final and binding.
Sponsor will randomly select the potential Promotion winner from all
eligible entries on or around November 17, 2008.
6. Verification of Potential Winner: The Potential winner must continue
to comply with all terms and conditions of these Official Rules, and
winning is contingent upon fulfilling all terms and conditions. The
potential Promotion winner will be notified by email, telephone, or
registered mail on or about November 21, 2008. The potential
Promotion winner will be required to sign and return to Sponsor, within
three (3) days of the date notice is sent, an affidavit of eligibility and
liability/publicity release in order to claim his/her prize. If the Potential
winner cannot be contacted, or fails to sign and return the affidavit of
eligibility and liability/publicity release within the required time period (if
applicable), the Potential winner forfeits his/her prize. In the event that
the Potential winner is disqualified for any reason, Sponsor will award the
applicable prize to an alternate winner by random drawing from among all
remaining eligible entries.
7. Grand Prize: Two tickets, hotel accommodation, and airfare to the
2009 Super Bowl to be played in Tampa, Florida, February 2009.
The prize is non-transferable, and no substitution will be made except as
provided herein at the Sponsor's sole discretion. Winner is responsible
for all taxes and fees associated with prize receipt and/or use. Odds of
winning the prize depend on the number of eligible entries received
during the Promotion Period.
8. Monthly Awards: Include 12 portable music players, 12 digital
cameras, and tools of the trade. One of each prize will be
awarded during every month of the Promotion Period.
The prizes are non-transferable, and no substitution will be made except
as provided herein at the Sponsor's sole discretion. Winner is responsible
for all taxes and fees associated with prize receipt and/or use. Odds of
winning the prize depend on the number of eligible entries received
during the Promotion Period.
9. Release: By receipt of the prize, winner agrees to release and hold
harmless Sponsor, Hickman + Associates, their respective subsidiaries,
affiliates, suppliers, distributors, advertising/promotion agencies and each
of their respective parent companies and each such company’s officers,
directors, employees and agents (collectively, the “Released Parties”)
from and against any claim or cause of action, including, but not limited
to, personal injury, death, or damage to or loss of property, arising out of
participation in the Promotion or receipt or use or misuse of any prize.
10. Publicity: Except where prohibited, participation in the Promotion
constitutes winner’s consent to Sponsor’s and its agents’ use of winner’s
name, company name (if applicable), likeness, photograph, voice,
opinions and/or hometown and state for promotional purposes in any
media, worldwide, without further payment or consideration.
11. General Conditions: Sponsor reserves the right to cancel, suspend
and/or modify the Promotion, or any part of it, if any fraud, technical
failures or any other factor beyond Sponsor’s reasonable control impairs
the integrity or proper functioning of the Promotion, as determined by
Sponsor in its sole discretion. In such event, Sponsor reserves the right to
award the prizes at random from among the eligible entries received up to
the time of the impairment. Sponsor reserves the right, in its sole
discretion, to disqualify any individual it finds to be tampering with the
entry process or the operation of the Promotion or to be acting in violation
of these Official Rules or any other promotion or in an unsportsmanlike or
disruptive manner. Any attempt by any person to deliberately undermine
the legitimate operation of the Promotion may be a violation of criminal
and civil law, and, should such an attempt be made, Sponsor reserves the
right to seek damages from any such person to the fullest extent
permitted by law. Sponsor’s failure to enforce any term of these Official
Rules shall not constitute a waiver of that provision.
12. Limitations of Liability: The Released Parties are not responsible for:
(1) any incorrect or inaccurate information, whether caused by entrants,
printing errors or by any of the equipment or programming associated with
or utilized in the Promotion; (2) technical failures of any kind, including
but not limited to telephone system outages; (3) unauthorized human
intervention in any part of the entry process or the Promotion; (4)
technical or human error which may occur in the administration of the
Promotion or the processing of entries; or (5) any injury or damage to
persons or property which may be caused, directly or indirectly, in whole
or in part, from entrant’s entry into the Promotion or receipt or use or
misuse the prize. If for any reason a entrant's entry is confirmed to have
been erroneously deleted, lost, or otherwise destroyed or corrupted,
entrant’s sole remedy is another entry in the Promotion, provided that if it
is not possible to award another entry due to discontinuance of the
Promotion, or any part of it, for any reason, Sponsor, in its sole discretion,
may elect to hold a random drawing from among all eligible entries
received up to the date of discontinuance, or may provide other nominal
goods (e.g. discounts, oupons, etc.) to compensate for any
inconvenience.
13. Disputes: Except where prohibited, entrant agrees that: (1) any and
all disputes, claims and causes of action arising out of or connected with
this Promotion or any prize awarded shall be resolved individually, without
resort to any form of class action, and exclusively by the United States
District Court for the Eastern District of Virginia or the appropriate
Virginia State Court with jurisdiction in Arlington County; (2) any and all
claims, judgments and awards shall be limited to actual out-of-pocket
costs incurred, including costs associated with entering this Promotion,
but in no event attorneys’ fees; and (3) 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, or the rights and obligations of
the entrant and Sponsor in connection with the Promotion, shall be
governed by, and construed in accordance with, the laws of the State of
Indiana, without giving effect to any choice of law or conflict of law rules
(whether of the State of Indiana or any other jurisdiction), which would
cause the application of the laws of any jurisdiction other than the State
of Indiana.
14. Notification System/Opt-Out: Recipients of solicitation materials for
this Promotion may have their names and contact information removed
from future mailings from Sponsor by placing a toll-free call to 1-877-
420-NATE, or by sending a letter to Sponsor stating the request to be
removed.
15. Winner List: For the winner list, send a hand-written request to
Hickman + Associates c/o NATE Bowl 2008, 11350 North Meridian
Street, Suite 100, Carmel, Indiana 46032. Requests must be received
by December 1, 2008. |