SWEEPSTAKES AGREEMENT AND RULES
Please read this agreement carefully before participating in this Sweepstakes. By participating in the Sweepstakes, you (the “Participant”) agree to the terms of this agreement. The sponsor of the Sweepstakes to which this agreement relates (that Sweepstakes, the “Sweepstakes”) is Boston Standard Plumbing and Heating Incorporated (“BSP”).
1. Eligibility (a) The Sweepstakes is open only to those Participants who are:
- (i) individuals and not legal entities;
- (ii) the owner of a single-family home within the geographic radius described below that is also the Participant’s principal residence;
- (iii) legal residents of Massachusetts whose principal home address lies within a 15-mile radius of BSP’s principal office address (41 Hollingsworth Street, Mattapan, MA 02126);
- (iv) at least 18 years of age at the time of participating in the Sweepstakes; and
- (v) replacing an existing natural-gas-fired steam boiler system that is at least 12 years old.
- (b) Notwithstanding the previous subsection, the following persons are not eligible: employees of BSP and its affiliates and subsidiaries, and those companies’ respective representatives, agents, partners or officers or persons in similar positions with any entity involved in the development, production, implementation and distribution of the Sweepstakes, including any advertising or promotion agency, parent company, service provider, subsidiary or affiliate of any such entity or any other entity directly associated with BSP, or any member of the immediate family of or person living in the same household as such persons.
2. Prize. The prize to be awarded in this Sweepstakes is one new residential Trane S-Series gas furnaceas more particularly described at Trane’s Site: https://www.trane.com/residential/en/products/gas-furnaces/s9v2-vs/ together with installation by BSP (the “Prize”). The furnace is rated at up to 120,000 BTU/hr and an efficiency level up to 97% AFUE. Conditions for installation are set forth in section 7. The maximum value of the installation is $7,500, of which $5,000 is the approximate value of the furnace and $2,500 is the approximate value of the parts and labor for installation. Winning the Prize as such has no cash value and may not be exchanged, returned or transferred. The Sweepstakes is sponsored solely by BSP, and Trane will have no liability for any aspect of it, except that its product warranty will transfer to the Winner following installation. BSP’s standard one-year warranty on materials and labor for installation will apply when boiler is started up.
3. How To Enter: The Sweepstakes will be hosted on BSP’s webpage: https://www.bostonstandardplumbing.com/boiler-furnace-contest/
4. There is no entry fee for the Sweepstakes. To enter the Sweepstakes, Participants must register themselves in accordance with the following procedure:
- (1) Log on to Facebook and navigate to BSP’s company page.
- (2) “Like” BSP’s page in accordance with Facebook’s procedures.
- (3) Navigate to and fill out the entry form on BSP’s website at https://www.bostonstandardplumbing.com/boiler-furnace-contest/ along with your full name, email, address and phone number. This constitutes Participant’s “Entry.”
- (4) Only one (1) Entry per residence address is permitted, regardless of method of entry.
5. Sweepstakes Duration:
- (1) • The duration of the Sweepstakes is from October 15th, 2020 to November 15th, 2020. Late Entries will not be accepted.
- (2) • One winner will be announced through BSP’s Facebook page at the end of the Sweepstakes.
6. Selection of Winner and Requirements to Receive Prize:
- (1) [how winner chosen] (the Participant selected to have the winning Entry, the “Selected Participant”)
- (2) Before being declared a winner, the Selected Participant must satisfy the eligibility requirements in section 1 and the following (and upon verification of eligibility and compliance with these Sweepstakes Rules, the Selected Participant will be declared the official winner of the Sweepstakes (the “Winner”)): (i) the Selected Participant must sign and return one or more documents, supplied by BSP, in which Participant affirms compliance with the Sweepstakes rules and releases the Released Persons, as defined in this section (the “Declaration and Release”), as well as a publicity release (the “Publicity Release”) (except where prohibited) (those one or more documents, collectively, the “Releases”). The Releases must confirm, among other things, that the Selected Participant: (i) releases, to the full extent of the law, BSP and each of its affiliates, promotional agencies, and each of their respective directors, officers, owners, partners, employees, agents, franchisees, subsidiaries, affiliates, associated companies, representatives, successors and assigns (collectively, the “Released Persons”) from all liability in connection with: (A) the Selected Participant’s participation in the Sweepstakes; (B) the acceptance and use of the Prize (or any portion thereof) awarded in the Sweepstakes; and (C) the administration of the Sweepstakes by BSP, including among other things the selection of the Winner or the distribution of the Prize awarded in this Sweepstakes. The Releases (except the Publicity Release to the extent prohibited) must be returned on or before the date indicated on those documents or the Prize will be forfeited and re-awarded at BSP’s sole and absolute discretion by random draw from among all remaining eligible Entries.
- (3) If the Selected Participant fails to respond to the notification that (s)he is the Selected Participant within forty-eight (48) hours of the first attempted contact by telephone made to the phone number associated with the Selected Participant’s Entry, or if BSP is otherwise unable to contact the Selected Participant within that time, or if the Selected Participant refuses or fails to return the signed Releases (except to the extent prohibited) for the Selected Participant, or if the Selected Participant otherwise does not meet any of the Sweepstakes eligibility requirements, or satisfy any other Sweepstakes conditions, the Selected Participant’s entry will be disqualified and another Entry may be selected as the potential winner of the Prize, in BSP’s sole and absolute discretion, by random draw from among all remaining eligible Entries. Time permitting, the process may continue until the Winner of the applicable Prize has been selected and confirmed at BSP’s sole and absolute discretion.
7. Conditions of Installation. For the Prize to be installed at the Selected Participant’s site, the following rules apply:
- (1) The installation site must be suitable for the installation. BSP has discretion to select a suitable installation method and jobsite for this installation.
- (2) The installation date will be chosen in conjunction with BSP’s Install Department for next available date.
- (3) Installation includes (1) new Trane S-Series furnace and associated duct and related components such as drains, condensate pumps, intake/exhaust and similar fittings, generally located within 3’ feet of the heating furnace. Installation does not include water heater, radiators, or other items not directly associated with replacing a furnace.
- (4) The maximum approximate retail value of the Prize is $7,500, of which $2,500 is the value of the furnace and the balance is for installation parts and labor. If the project value, based on BSP’s standard labor rates and parts cost, exceeds this amount, the Winner may choose to pay the difference or decline the installation.
- (5) The Winner’s existing system must already be natural gas and over 12 years old to enter.
- (6) The Selected Participant must submit a clear, well-lit photo of the current system (step back about 5’ for best results) as well as a photo of the “rating tag” which shows the model and serial of your system. These photographs will become the property of BSP and may be reproduced, edited and displayed, by themselves or in connection with photographs of the installed Prize, for BSP’s publicity purposes.
- (7) The maximum BTU size of the system we will install is 120,000 BTU/hr. The actual size will be based on the requirements of the home in which it is to be installed.
- (8) This system is rated up to 97% AFUE, and as such it does not vent into a chimney. This means the Winner must have access to vent the furnace through the outside walls, and have permission to do so from condo associations, neighborhood commissions and similar interested parties.
8. Other Sweepstakes Terms and Conditions
- (1) Participants are strictly prohibited from posting any defamatory, libelous, obscene, pornographic, profane, threatening, or unlawful material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law to this Sweepstakes or violate of any laws or defamatory to any person, interferes with or infringes upon any rights under applicable laws (including among other things copyright, trademark, design or contract) of any third party.
- (2) Prizes in the Sweepstakes may be rescinded if BSP determines that there has been a violation of the Sweepstakes requirements or law.
- (3) BSP may delete or reject the Entry at its absolute and sole discretion on any reasonable ground, including: (a) received after closing time, (b) BSP believes that an Entry contravenes this agreement, including among other things the failure to comply with sections 6 and 7, or to provide correct and complete name and address, etc. Purported Entries from third party agents or via bulk or “bot” systems will not be eligible.
- (4) BSP will not be liable for any delays in the receipt of Entries or for Entries that are not received or delivered. BSP will not be liable for incorrect or inaccurate capture of entry information, whether by malfunction; human error; lost, delayed or garbled Internet or e-mail transmission; omission, interruption, deletion, defect, or failures of any telephone, technical, network, online, or hardware or software; or any combination of any of the foregoing.
- (5) Entries must contain the valid e-mail account of the Participant that may be identified by reverse domain name search.
- (6) BSP will not be liable in case of change in Sweepstakes dates or cancellation of the Sweepstakes for any reason beyond BSP’s reasonable control. If for any reason BSP is unable to procure the Prize from its manufacturer, BSP may cancel the Sweepstakes without liability.
- (7) While participating in the Sweepstakes, furnishing of personal details and contact(s), if any, to BSP will be deemed Participant’s consent to receive communication, including but not limited to, marketing, promotional messages, calls, etc. from BSP or its affiliates at the contact points provided by Participant.
- (9) In order to claim the Prize, the Winner will be required to consent, in accordance with the Publicity Release, to the use of his/her name, image, photograph, video, voice statement(s) and city of residence, without further compensation, for any and all publicity purposes, commercial or otherwise, in all media used by the Released Persons, except to the extent prohibited by law.
- (10)The Sweepstakes will not be applicable, and will be deemed void, wherever prohibited by applicable law during the period of the Sweepstakes.
- (11) Participants who have not attained the age of majority (18) must supply a written consent from their parent or guardian in order to claim a prize.
- (12) Mere participation in the Sweepstakes or sending one or more Entries does not entitle the Participant to payment. Any fraudulent conduct or use of unfair means, tools, and software will disqualify the Participant. BSP reserves the right, at its sole discretion, to disqualify any Entry that it determines to be illegible, incomplete, defaced, indecipherable or corrupt or which does not comply with one or more of the terms of the Sweepstakes.
- (13) Decision of BSP in terms of selection of Entries shall be at its own discretion and shall be final and binding.
- (14) BSP will not be liable for any damage or loss (whether direct, indirect, consequential or incidental) arising from personal injury or death, or loss of, or damage to property (including intellectual property), which might be suffered or sustained in connection with the Sweepstakes or the Prize, except to the extent of any liability that may not be excluded under applicable law.
- (15) The Participant shall indemnify BSP and each of its group entities or affiliates, their respective directors, officers, employees, agents, vendors, for or liable for, any actions, claims, demands, losses, damages, costs, charges and expenses, either direct or remote that they may/might have suffered, sustained or incurred, or claim to suffer, sustain or incur, by way of and/or on account of the any act or omission of the Participant.
- (16) BSP may at its sole discretion and without advance notice cancel, suspend, postpone or change the duration of the Sweepstakes at any time.
- (17) BSP may amend or otherwise modify these terms from time to time without giving any prior notice.
- (18) This agreement is governed by the domestic law of Massachusetts. Disputes, if any, relating to the Sweepstakes or this agreement will be subject to the exclusive Jurisdiction of the state or federal courts sitting for Suffolk County, Massachusetts.
- (19) The Sweepstakes is intended solely for the purpose of engaging customers or prospects and it is not intended as a form of gambling or lottery.
- (20) Participant shall pay all applicable taxes and similar charges in relation to the Sweepstakes or acceptance of any Prize. BSP will not be liable or responsible for such taxes and charges. Participants are encouraged to consult their own tax advisers to ascertain the tax consequences of their participation and of any Prize they receive.
- (22) The winner of the Sweepstakes will be notified on official social media handles of BSP, specifically on BSP’s Facebook page. All prizes are non-refundable and non-transferrable.
- (23) The following are prohibited and will result in automatic disqualification from the Sweepstakes: (a) using any method that artificially increases odds of winning; (b) non-compliance with the Sweepstakes Rules; and (c) any other act which BSP determines, at its sole and absolute discretion, jeopardizes the integrity of the Sweepstakes.