- NO PURCHASE NECESSARY Contest begins 8/1/16 at 12:01 a.m. ET and ends 10/31/16 at 11:59 p.m. ET. Open to legal U.S. and Canadian residents (excluding Quebec) who are at least 18 years of age and currently enrolled or have been accepted for admission into an established, recognized HVAC/R school in the US or Canada. Essays are limited to 250 words and must be submitted in English. See Official Rules for additional eligibility restrictions, prize descriptions and complete details. Void in Quebec and where prohibited. Sponsor: Irwin Industrial Tool Company d/b/a/ hilmor, 301 Chestnut Street, East Longmeadow, MA 01028.
- PROMOTION DESCRIPTION:
The 2016 Retool Your Future Essay Contest (the "Contest") begins at 12:01 a.m. Eastern Time ("ET") on Monday, August 1, 2016 and ends at 11:59 p.m. ET on Monday, October 31, 2016 (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") 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 Irwin Industrial Tool Company d/b/a/ hilmor, 301 Chestnut Street, East Longmeadow, MA 01028 ("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 2017 (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 2017 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 U.S. Essays received during the Contest Period and one (1) potential Grand Prize winner from among all eligible Canadian Essays 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 five (5) Entrants from the U.S. whose Essays receive the highest score will be declared the potential Grand Prize winners in the U.S., subject to verification. The one (1) Entrant from Canada whose Essay receives the highest score will be declared the potential Grand Prize winner in Canada, 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. The potential winners will be notified on or about Thursday, December 1, 2016 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. Sponsor shall have no liability for any 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 must consent to a background check as a condition of accepting the Grand Prize. Such background check may include (but is not limited to) investigation of criminal or other arrest or conviction records, and any other factor deemed relevant by Contest Entities to help ensure that the Grand Prize winner’s participation in the Contest will not, in Contest Entities’ sole discretion, bring Contest Entities into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Contest Entities. If requested, each Grand Prize winner must agree to sign waiver forms authorizing the release of personal and background information. Contest Entities reserve the right to contact any person or entity, including any third party, referenced in the background check.
- 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 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, biographical information 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.
- PRIZES/APPROXIMATE RETAIL VALUES:
Five (5) U.S. Entrant Grand Prizes are available and one (1) Canadian Entrant Grand Prize is available. Each Grand Prize consists of: a) up to a maximum of U.S. $5,000 tuition scholarship (the "Scholarship") for the winner’s benefit payable directly to the HVAC school the student is attending in Spring 2017; b) a hilmor® Starter Kit (ARV is $900); and c) a trip for the Grand Prize winners ONLY to attend the 2017 AHR Expo in Las Vegas, NV including round-trip economy class air transportation (ARV $500); three (3) nights hotel accommodations (ARV $750); admission into the Expo (ARV $20); and $300 cash to cover meals and incidental expenses. The total approximate retail value ("ARV") of each Grand Prize is U.S. $7,470. 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.
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 2017 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 2017 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.
FOR 2017 AHR TRIP: The 2017 AHR Expo is currently scheduled to take place from Sunday, January 29, 2017 – Wednesday, February 1, 2017. 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 Las Vegas, NV 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.
- GENERAL PRIZE CONDITIONS:
The Grand Prize winners 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 trip portion 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. The potential Grand Prize winners must show valid U.S. or Canadian government-issued identification and 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 winner is a Canadian resident, winner will be responsible for securing proper passport and/or Visa prior to traveling into the United States. 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 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.
- GENERAL LIABILITY RELEASE: By participating in the Contest, each Entrant agrees that the Contest Entities (i) shall not be responsible or liable for any losses, damages or injuries of any kind resulting from participation in the Contest or in any Contest related activity, or from Entrant's acceptance, receipt, possession and/or use or misuse of any prize, and (ii) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize and specifically disclaim all such warranties, including without limitation, the implied warranties of merchantability and fitness for a particular purpose. By accepting a prize, a winner agrees to the use of his/her name and business name, photograph, likeness, and/or city/state of business by Sponsor, or any party authorized by Sponsor, for advertising and promotional purposes worldwide and in any and all media without additional notice or compensation, where imposing such condition is legal. Prize will only be awarded to a verified winner. The Contest Entities assume no responsibility for any damage to an Entrant's or any other person's computer system which is occasioned by accessing the Website or otherwise participating in the Contest, or for any computer system, phone line, hardware, software or program malfunctions or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or (if applicable) postage-due submissions or prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, web sites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, or difficulties, printing errors, clerical, typographical or other error in the offering or announcement of the prize or in any prize notification documents, or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. If, for any reason, the Contest is not capable of running as planned, including, due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, Sponsor reserves the right in its sole discretion to cancel, terminate, modify, suspend or extend the Contest and, in the event of any termination or cancellation, select a winner(s) from among all eligible, non-suspect entries received prior to the termination or cancellation. In the event Sponsor is prevented from awarding prizes or continuing with the Contest as contemplated herein by any event beyond its control Sponsor shall have the right to modify, suspend, or terminate the Contest. If the Contest is terminated before the designated end date, Sponsor will (if possible) select the winner from among all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Any attempt by an Entrant or any other individual to deliberately damage the Website or undermine the legitimate operation of the Contest, or to annoy, abuse, threaten or harass any other person in connection with the Contest, is in violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to disqualify the applicable individual and seek damages and other remedies from any such person to the fullest extent permitted by law. If any provisions of these Official Rules are determined to be invalid or unenforceable, these Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or unenforceable provision were not contained herein.
- NO OBLIGATION TO USE: Sponsor shall have no obligation (express or implied) to use any Essay, or to otherwise exploit any Essay or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of the any Essay for any reason, with or without legal justification or excuse, and Entrants shall not be entitled to any damages or other relief by reason thereof.
- FURTHER DOCUMENTATION: If Sponsor shall desire to secure additional assignments, certificates of engagement for the Essay or other documents as Sponsor may reasonably require in order to effectuate the purposes and intents of this Agreement, then each Entrant agrees to sign the same upon Contest Entities request therefor.
- GOVERNING LAW/JURISDICTION: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE CONTEST SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF MASSACHUSETTS WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE'S LAWS.
- DISPUTE RESOLUTION: By participating in this Contest, each Entrant agrees that any and all disputes the Entrant may have with, or claims Entrant may have against, the Released Parties relating to, arising out of or connected in any way with (i) the Contest, (ii) the awarding or redemption of any prize, and/or (iii) the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively in the courts of Springfield, Massachusetts and will be resolved individually, without resort to any form of class action. Entrant hereby knowingly and expressly waives all rights to seek, punitive, incidental, exemplary, consequential or special damages, lost profits, and/or any right to have damages multiplied or otherwise increased.
- WINNERS LIST:
To obtain a copy of any legally-required winners list, send a self-addressed stamped envelope to: 2016 Retool Your Future Essay Contest Winners, 189 S. Orange Ave, Suite 1130a, Orlando, FL 32801. All such requests must be received by December 31, 2016. Canadian residents may omit return postage.
Information from the winning Entrant may also be included in a publicly available winner’s list.