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NORITZ AMERICA CORPORATION’S RETROFIT REWARDS PROMOTION “Official Rules”

• NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE A PARTICIPANT’S CHANCES OF WINNING A PRIZE.
• IMPORTANT NOTE FOR THOSE PARTICIPATING IN PROMOTION: ONLY LICENSED PLUMBERS AND LICENSED GENERAL CONTRACTORS (“CONTRACTORS,” “PARTICIPANTS,” OR “ENTRANTS”) ARE PERMITTED TO PARTICIPATE IN THIS PROMOTION.  THE CONTRACTOR (WHETHER AN INDIVIDUAL, CORPORATION, OR OTHER LEGAL ENTITY) THAT IS THE PURCHASER OF THE QUALIFYING PRODUCT (OR THE ENTRANT IF ENTRY IS BY AMOE PROVIDED BELOW) WILL BE DEEMED THE WINNER OF THE PRIZE INDICATED ON THE ENTRY CARD (SUBJECT TO COMPLIANCE WITH THESE OFFICIAL RULES), REGARDLESS OF WHETHER ANY INDIVIDUAL OR ITS EMPLOYER, FRANCHISOR OR OTHER COMPANY OR ENTITY (“POTENTIAL CLAIMANT”) CLAIMS TO BE THE WINNER DUE TO SUCH POTENTIAL CLAIMANT’S LEGAL RELATIONSHIP TO THE CONTRACTOR, OR OTHERWISE.  SPONSOR SHALL BE ENTITLED TO AWARD AND DELIVER THE PRIZE TO THE PRESENTING CONTRACTOR AND ANY QUESTIONS BETWEEN SUCH PRESENTING CONTRACTOR AND POTENTIAL CLAIMANT AS TO WHO IS ENTITLED TO THE PRIZE SHALL NOT BE DETERMINED BY SPONSOR, BUT DETERMINED BETWEEN THE PRESENTING CONTRACTOR AND POTENTIAL CLAIMANT, AND EACH OF THE PRESENTING CONTRACTOR AND POTENTIAL CLAIMANT SHALL INDEMNIFY, DEFEND AND HOLD NORITZ AMERICA CORPORATION AND THE RELEASED PARTIES (AS DEFINED BELOW) HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, COSTS, LIABILITIES, DAMAGES AND OBLIGATIONS ARISING FROM SUCH DISPUTE.
• THIS PROMOTION IS NOT OPEN TO HOMEOWNERS OR OTHER CONSUMERS.
• VOID WHERE PROHIBITED BY LAW.
• ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.  

  BY ENTERING (OR OTHERWISE PARTICIPATING IN) THE PROMOTION, ENTRANTS AGREE TO THESE OFFICIAL RULES, WHICH ARE A BINDING CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES IN FAVOR OF THE PROMOTION PARTIES AND OTHERS FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.

1.PROMOTION PERIOD: The Promotion begins at 12:01 am California time on June 1, 2023 and ends at 11:59 p.m. California time on December 1, 2023 (the “Promotion Period”). NORITZ AMERICA CORPORATION’S RETROFIT REWARDS ENTRY CARDS (each, an “Entry Card”) will be affixed to Noritz Pre-Mix Models (EZ98, EZ111, NRCR92, NRCR111) (“Qualifying Products”) purchased by Contractors between June 1, 2023 and August 31, 2023, or while supplies last (the “Entry Period”). Prizes revealed by Entry Card may be redeemed between 12:01 am California time on June 1, 2023 and 11:59 p.m. California time on December 1, 2023  (the “Redemption Period”).

2.ELIGIBILITY: The NORITZ AMERICA CORPORATION’S RETROFIT REWARDS PROMOTION (“Promotion”) is open only to Contractors who, (i) if an individual (i.e., a sole proprietor vs. a legal entity such as a corporation or LLC) are legal residents and physically located in one (1) of the United States or the District of Columbia, and who are at least the age of majority or older in their state/jurisdiction of residence as of time/date of entry; or (ii) if a corporation, limited liability company, or other legal entity, is organized, existing and in good standing in one (1) of the United States or the District of Columbia. If the Contractor is (i) an individual, its entry into the Promotion will be deemed to be a representation that the entrant is the age of majority or older in their state/jurisdiction of residence as of time/date of entry; (ii) a corporation, limited liability company, or other legal entity, entry into the Promotion will be deemed to be a representation that such entity is organized and validly existing in one (1) of the United States  or the District of Columbia. This Promotion is open only to Contractors.  Wholesaler employees, homeowners and other consumers are not eligible to participate in this Promotion or win a prize (except that a Contractor who is an individual sole proprietor may be a homeowner as long as Contractor’s entry into the Promotion is on the basis of being a Contractor as defined in the Official Rules and not as a homeowner or other consumer).  Employees, officers and directors of NORITZ AMERICA CORPORATION (“Sponsor”), Q Group, Inc. (“Fulfillment Company”) and their respective parent companies, affiliates, subsidiaries, advertising, contest, fulfillment and marketing agencies (collectively with Sponsor and Fulfillment Company, the “Promotion Parties”), their immediate family members and those living in the same household as such individuals (whether legally related or not) are not eligible to participate in the Promotion or win a prize. For purposes of this Promotion, immediate family members are defined as spouse, partner, parents, legal guardians, in-laws, grandparents, siblings, children and grandchildren and those living in the same household shall mean people who share the same residence at least three (3) months a year, whether legally related or not. By participating, you agree to these Official Rules and to the decisions of the Sponsor and Fulfillment Company, which are final and binding in all respects. Promotion is not valid in Puerto Rico, Guam, any other United States territory or possession, or internationally or where otherwise prohibited by law. Promotion is subject to all applicable federal, state and local laws. By participating in the Promotion, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Sponsor, including the interpretation of these Official Rules and its exercise of discretion, which will be final and binding in all respects.

3. HOW TO OBTAIN AN ENTRY CARD: Eligible participants may enter the Promotion by obtaining an Entry Card. There are two (2) ways to obtain an Entry Card, as follows:

 

• CONTRACTOR PURCHASES AN ELIGIBLE PRODUCT FROM AN AUTHORIZED SELLER: During the Promotion Period, eligible Contractors must purchase an Eligible Product from Sponsor’s authorized wholesalers (“Authorized Seller”) within the United States or the District of Columbia on which an Entry Card is affixed, while supplies last. Limit one (1) Entry Card per Contractor per day during the Entry Period. Entry Cards that are forged, altered mechanically modified, reproduced, or the barcode for which is not paired with the barcode on the Eligible Product box will not be accepted and will be void. All Entry Cards must be obtained legitimately as detailed in these Official Rules. Results of an Entry Card may not be transferred, sold, bartered, auctioned (including through Internet auction sites), given away, traded or obtained through any source other than through the method described in these Official Rules. Any Entry Card will be void if it fails to pass anti-fraud detection measures, or if determined by Sponsor, in its sole discretion, to be unauthorized, illegitimately obtained or if it contains an unauthorized message, code, or other marking not issued by Sponsor for use in the Promotion, or if it is defective, contains other mechanical/electronic errors, is produced in error, illegible, unreadable, or blank or contains a seeding, typographical, mechanical or other errors, or does not contain proper security devices. No prize claim will be valid if a person’s participation is associated with any Entry Card play deemed void for any reason.  Sponsor’s sole liability and responsibility for any irregular Entry Cards shall be limited to replacement of another Entry Card (while supplies last). No third-party entry or entry through a sweepstakes or other promotional service is permitted.  Entry Cards that have been tampered with or altered are void. ANY CONTRACTOR OR ANY OTHER PERSON ATTEMPTING TO DEFRAUD SPONSOR OR IN ANY WAY TAMPER WITH, DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION WILL BE DISQUALIFIED AND MAY BE SUBJECT TO CIVIL AND/OR CRIMINAL PROSECUTION.  To the extent that the Entry Cards mistakenly award more prizes then contemplated by Sponsor in connection with this Promotion, Sponsor may void all Entry Cards and cancel the Promotion, in its sole and absolute discretion.  Sponsor may run multiple campaigns, contests, sweepstakes or other promotions simultaneously.  Entry into one (1) campaign, contest or sweepstakes does not constitute entry into any other. Mechanical reproductions or Entry Cards obtained outside of authorized channels are not valid. Entry Cards are void if they contain any printing, mechanical, seeding, typographical or other errors, if they have been tampered with or obtained other than through authorized channels or if they are not presented for prize claim by the end of the Redemption Period.

• ALTERNATE MEANS OF ENTRY (on-line method of entry): To enter without making a purchase (“AMOE Entry”), beginning at 12:01 am California time on June 1, 2023 and ending at 12:59 p.m. California time on August 31, 2023, log on to http://www.noritz.com/afoe and follow the on-screen entry instructions to obtain an Entry Card (“Request for Entry Card”). Fill in all required information. No more than one entry per day per Contractor is permitted. Use of any robotic, automatic, programmed, or similar entry method or entering more than the number of times permitted will void all entries and result in disqualification. You may not enter more times than indicated by using multiple email addresses, identities, or devices in an attempt to circumvent the rules. No responsibility is assumed for: (i) technical, electronic, telephone, hardware, software or network, computer or data transmission errors, malfunctions or difficulties of any kind; (ii) failure of the U.S. Postal Service to timely deliver ; or (iii) any incorrect data contained in any Promotion entry. Request for Entry Cards must be submitted and received by Sponsor pursuant to the above no later than 12:59 p.m. California time on August 31, 2023 to be eligible to receive an Entry Card (“AMOE Request Deadline”).  All entries become the property of Sponsor and will not be returned or acknowledged.

Limit of one (1) entry per Contractor, per day (regardless of method) will be accepted.  Subsequent attempts made by the same Contractor (including but limited to any individual)  to submit multiple entries by using multiple or false contact information, accounts or otherwise may result in the entrant being disqualified.  Entries that are in excess of the stated limits, incomplete, illegible, corrupted, damaged, destroyed, forged, false, lost, late or misdirected, deceptive or otherwise not in compliance with these Official Rules may be disqualified from the Promotion at Sponsor’s sole and absolute discretion. Entries submitted by entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence if an individual) are void (although Sponsor is not obligated to perform any diligence with respect thereto).  All materials submitted become the physical property of Sponsor and will not be returned.  Those who do not follow all of the instructions, provide the required information in their Request for Entry Card, the Entry Card, or abide by these Official Rules or other instructions of Sponsor may be disqualified.   The Promotion Parties may run multiple campaigns, contests, sweepstakes or other promotions simultaneously.  Entry into one (1) campaign, contest or sweepstakes does not constitute entry into any other.

4.HOW TO PLAY: Each Qualifying Product box will be affixed with an Entry Card that has two coated spots.  To enter, Contractor will scratch off both coated spots to reveal the prize(s) won. Every Entry Card is a winner of at least one of the specified prizes revealed when both coated spots have been scratched off.   For on-line entries: Within 25 days after Sponsor receives the completed Request for Entry Card no later than the AMOE Request Deadline (following the directions noted in Section 3(ii) above), Sponsor shall mail the requesting Contractor an Entry Card for the Contractor to scratch off the two coated spots to reveal the prize(s).

5.PRIZES, APPROXIMATE RETAIL VALUE (“ARV”) AND ODDS OF WINNING: There are approximately 10,000 total Entry Cards available in the Promotion. All prizes are randomly seeded across the universe of Entry Cards. Prizes are as follows:

Grand Prize (1): The Grand Prize is ten thousand dollars ($10,000) awarded in the form of a check made payable to the Contractor who is the Grand Prize winner. One (1) Grand Prize is available. ARV of the Grand Prize: $10,000. Odds of winning the Grand Prize: 1 in 10,000. FIRST PRIZE (5): The First Prize is five thousand dollars ($5,000) awarded in the form of a check made payable to the Contractors who are the First Prize winner. Five (5) First Prizes are available. ARV of the First Prize: $5,000. Odds of winning the First Prize: 1 in 2,000. SECOND PRIZE (20): The Second Prize is one thousand dollars ($1,000) awarded in the form of a check made payable to the Contractors who are the Second Prize winners. Twenty (20) Second Prizes are available. ARV of the Second Prize: $1,000. Odds of winning the Second Prize: 1 in 500. THIRD PRIZE (20): The Third Prize is five hundred dollars ($500) awarded in the form of a check made payable to the Contractors who are the Third Prize winners. Twenty (20) Third Prizes are available. ARV of the Third Prize: $500. Odds of winning the Third Prize: 1 in 500. FOURTH PRIZE (50): The Fourth Prize is one hundred fifty dollars ($150) awarded in the form of a check made payable to the Contractors who are the Fourth Prize Winners.  Fifty (50) Fourth Prizes are available.  ARV of the Fourth Prize: $150.  Odds of winning the Fourth Prize:  1 in 200. FIFTH PRIZE (500): The Fifth Prize is a Noritz-branded trucker-style cap which will be shipped to the Fifth Prize winners by Fulfillment Company within approximately 30 days after the Fifth Prize winner claims its prize during the Redemption Period.  Five hundred (500) Fifth Prizes are available.  ARV of the Fifth Prize $8.  Odds of winning the Fifth Prize: 1 in 20. SIXTH PRIZE (10,000): The Sixth Prize is a coupon for Twenty five percent (25%) off the total parts ordered before tax  at Sponsor’s Parts Ordering Website (“Coupon”) to be redeemed by December 31, 2023.  The Coupon code will be revealed on the Entry Card when one of the two coated spots is scratched off.  Ten Thousand (10,000) Sixth Prizes are available.  ARV of the Sixth Prize depends upon the total purchase price of the parts being purchased (before tax) at Sponsor’s Parts Ordering Website.  Odds of winning the Sixth Prize: 10,000 in 10,000 – Every Entry Card is a winner of the Sixth Prize. TOTAL ARV: The total ARV of all prizes available is Seventy Six Thousand Dollars ($76,000.00), not including the ARV of the Coupons which depends upon the total purchase price of the parts being purchased (before tax) at Sponsor’s Parts Ordering Website.

6. PRIZE CONDITIONS: All prizes will be awarded as long as there are a sufficient number of eligible prize claims. E.g., if no one claims the Grand Prize in accordance with these Official Rules, the Grand Prize will not be awarded. The prizes will be awarded only if the potential winner fully complies with these Official Rules. All prize details are at the sole discretion of the Sponsor. Prizes will be awarded “as is” with no warranty or guarantee, either expressed or implied by Sponsor. The right to receive a prize is non-assignable, non-transferable and no prize substitution, exchange or cash equivalent will be allowed, except by Sponsor who reserves the right to substitute a prize of equal or greater value in case of unavailability of prize or force majeure. The prize winner must protect the prize as he or she would treat any other valuable document, the prizes will not be replaced or replenished if it is lost, stolen, damaged, destroyed or used without the winner’s permission. Federal, state and local taxes imposed on the acceptance of a prize are solely the responsibility of each prize winner. No substitutions, cash equivalents or transfers of a prize are permitted by a prize winner. All other costs and expenses not expressly set forth herein shall be solely the prize winner’s responsibility. Winners of prizes valued at $600 or more understand they will be issued an IRS MISC-1099. In no event will more than the stated number of prizes be awarded.

 

7. HOW TO CLAIM A PRIZE; HOW PRIZE WINNERS ARE NOTIFIED: All prizes must be claimed by the Redemption Date by (i) for Contractors who purchase a Qualifying Product: Registering the prize code(s) revealed by scratching off the coated portion(s) of the Entry Card and the Qualifying Product’s serial code, uploading a photo of the installed Qualifying Product, at Sponsor’s website www.noritz.com/retrofitrewards and completing the information required therein; (ii) for Contractors who have submitted a Request for Entry Card for Sponsor’s receipt no later than the AMOE Request Deadline and who have received an Entry Card from Sponsor , claim your prize(s) by registering the prize code(s) revealed by scratching off the coated portions of the Entry Card at Sponsor’s website www.noritz.com/retrofitrewards and completing the information required therein. If an Entry Card reveals a Grand Prize through Fourth Prize, the potential winner must provide the original Entry Card, Contractor’s physical address and e-mail address to the NORITZ AMERICA CORPORATION—Marketing Department—Retrofit Rewards, 11160 Grace Ave, Fountain Valley, CA 92708. The Noritz Marketing Department will retain the Entry Cards containing a Grand Prize through Fourth Prizes with potential winner’s information, and potential winner may make a photocopy of the Entry Card and/or can take a picture for their records. Each potential winner of a Grand Prize through Fourth Prize will be notified via e-mail within thirty (30) days from the date that Sponsor verifies the prize winner in accordance with these Official Rules at the e-mail address provided by the potential winner to the Noritz Marketing Department. The winner notification e-mail will be sent with an Affidavit of Eligibility, Liability & Publicity Release and Tax Acknowledgment (“Affidavit”) and may include a background check authorization. A confidential background check may be used to confirm eligibility and to help ensure that the use of any such person in advertising or publicity for the Promotion will not bring Sponsor into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Promotion or the Sponsor as determined by Sponsor in its sole discretion. If requested, potential winner will agree to such background check and understand and agree that Sponsor may disqualify such winner based on the results of the background check. The results of all background checks must be satisfactory as deemed appropriate by Sponsor in its sole discretion. Each potential winner of a Grand Prize through Fourth Prize  will be required to sign and return a notarized Affidavit to the Sponsor as instructed in the Affidavit and notification e-mail. The notarized Affidavit must be received by the Sponsor within ten (10) calendar days from the date it was sent to the potential winner, or the prize may, in Sponsor’s sole discretion, be forfeited, and such potential winner shall have no recourse against Sponsor or the other Released Parties (as defined below). In the event that any notification e-mail is returned as undeliverable or if no response to a winner notification e-mail is received within the required time, or if a potential winner does not comply with these Official Rules, the Prize may, in the Sponsor’s sole and absolute discretion, be forfeited. Prizes that are forfeited, unclaimed, unredeemed or returned as undeliverable may not be awarded and there shall be no recourse against Sponsor or the other Released Parties (as defined below). Sponsor is not responsible for a potential winner’s privacy or spam filter settings which may divert any Promotion e-mail, including the prize notification e-mail to a spam or junk folder. Sponsor will attempt to fulfill the Grand Prize through Fourth Prizes within eight (8) to ten (10) weeks from verification of the winning Entry Card and winner’s eligibility and compliance with these Official Rules. Fifth Prizes will be awarded by Fulfillment Company shipping such prize to the winner at the address within the United States provided by such winner within eight (8) to ten (10) weeks from verification of the winning Entry Card and winner’s eligibility and compliance with these Official Rules. The Coupon code for the Sixth Prize will be awarded as revealed on the Entry Card when one of the two coated spots is scratched off and the winner may use that Coupon when it purchases parts at support.noritz.com by December 31, 2023.

8. GENERAL: Subject to applicable law, each winner hereby expressly grants to the Promotion Parties and their respective successors, assigns, sublicensees and designees, the irrevocable right to use and publish his/her name, social handles, likeness (photographic or simulated), voice, biography and place of residence for all purposes, including, without limitation, advertising, marketing, promotional and publicity purposes in connection with this Promotion (“Advertising”), in any and all media now or hereafter devised, worldwide, in perpetuity, without any form of notice, permission or any amount or kind of compensation, except for the awarding of the prize(s) to the winner(s). All copyright, trademark or other intellectual property rights in such Advertising shall be owned by Sponsor and/or its licensors, and each winning participant hereby disclaims and waives any claim of right to such Advertising. Such Advertising shall be solely under the control of Sponsor and/or its licensors, and each winner hereby waives any claim of control over the Advertising content as well as any possible claims of misuse of such winning recipient’s name, likeness or voice under contract, tort or any other theory of law. The Promotion Parties do not assume any responsibility for any disruption, including, but not limited to, the failure or interruption of any social media platform or any internet service provider. In the event there is a discrepancy or inconsistency between disclosures and other statements contained in any Promotion materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern, and control. All decisions as to these Official Rules and interpretations thereof are exclusively within the sole discretion of the Promotion Parties and may be changed from time to time without notice. In the event Sponsor is prevented from continuing with the Promotion by any event beyond its control, including, but not limited to, fire, flood, pandemic, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Promotion by any party, or any federal, state, or local government law, order, or regulation, order of any court or jurisdiction, equipment failure,  unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, or other cause not reasonably within Promotion Parties’ control (each, a “Force Majeure” event), Sponsor shall have the right to modify, suspend or terminate the Promotion or prizes. Sponsor additionally reserves the right, in its sole and absolute discretion: (a) to modify, suspend or terminate the Promotion should causes beyond Sponsor’s control corrupt or interfere with the administration, integrity, operation, security or proper play of the Promotion; or (b) to disqualify any entrant found to be, or suspected of: (i) tampering with the entry process or the operation of the Promotion; (ii) acting in violation of these Official Rules; or (iii) acting in an un-sportsmanlike manner.

9. CONDUCT: The Promotion Parties are not responsible for the actions of entrants in connection with the Promotion, including entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Promotion. The Promotion Parties reserve the right, at their sole discretion, to disqualify any individual or entrant found to be tampering with the participation process or the operation of the Promotion, or to be acting in any manner deemed by the Promotion Parties to be in violation of the Official Rules, or to be acting in any manner deemed by the Promotion Parties to be unsportsmanlike or disruptive, or with intent to annoy, abuse, threaten or harass any other person and void all associated Entries and/or registrations. CAUTION: ANY ATTEMPT BY AN ENTRANT, YOU OR ANY OTHER INDIVIDUAL TO DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, THE PROMOTION PARTIES RESERVE THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right, at its sole and absolute discretion, to disqualify (or terminate the prize of) any individual who is found to be, or suspected of, acting in violation of these Official Rules, or to be acting in an unsportsmanlike, obscene, immoral or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person.

10. WAIVERS AND DISCLAIMERS: The Promotion Parties assume no responsibility or liability for: (a) lost, late, stolen, undelivered, inaccurate, incomplete, delayed, misdirected, damaged or garbled registrations, entries, URLs, or emails; (b) any incorrect or inaccurate entry information, or for any faulty or failed electronic data transmissions; (c) any unauthorized access to, or theft, destruction or alteration of entries or registrations at any point in the operation of this Promotion; (d) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, cable, satellites, servers, computers or providers utilized in any aspect of the operation of the Promotion; (e) inaccessibility or unavailability of the Internet or the website or any combination thereof or for computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Promotion, including, without limitation, errors or difficulties which may occur in connection with the administration of the Promotion, the processing of entries, social networking posts, or registrations, the announcement of the prizes, or in any other Promotion-related materials, including without limitation, the Entry Cards; or (f) any injury or damage to participants or to any other person’s computer which may be related to or resulting from any attempt to participate in the Promotion. If, for any reason, the Promotion (or any part thereof) is not capable of running as planned for reasons which may include, without limitation, infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, then the Promotion Parties reserve the right at their sole discretion to cancel, terminate, modify or suspend the Promotion in whole or in part. If terminated, the Promotion Parties will award the prizes from among all non-suspect, eligible entries received for the Promotion up to the time of such action. In no event will more prizes be awarded than are stated in these Official Rules. In the event that, due to technical, typographical, printing, mechanical or other errors, there are more winners than are stated in these Official Rules, a random drawing among the claimants will be held to determine the potential winners. If for any reason, including but not limited to an administrative, printing, production, computer or other error or due to technical difficulties or incorrect announcements of any kind, more winning messages are distributed, or more prizes are claimed than are intended to be awarded according to these Official Rules, the intended prizes will be awarded in a random drawing from among all verified prize claims received for each prize.

  THE PROMOTION PARTIES MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT AS REGARDS TO ANY PRIZE OR ANY COMPONENTS OF THE PRIZES. VOID WHERE PROHIBITED, AS SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES. A CONTESTANT MUST CHECK LOCAL LAWS TO LEARN IF ANY OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY.

11. RELEASES: The Promotion Parties are not responsible for, and shall be indemnified by any winner against any claims, injuries, losses or damages of any kind resulting from acceptance, use, misuse, possession, or loss of a prize. Promotion Parties shall not be responsible or liable for Entry Cards, Requests for Entry Card, or prize claims that are late, forged, destroyed, lost, misplaced, stolen, misdirected, tampered with, incomplete, deleted, damaged, garbled, or otherwise not in compliance with the Official Rules, and all such Requests for Entry Card, Entry Cards and participants will be disqualified. By participating in the Promotion, each participant agrees: (i) to be bound by these Official Rules and by all applicable laws and decisions of Sponsor and Fulfillment Company which shall be binding and final; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of his/her rights to bring any claim, action, or proceeding against any of the Promotion Parties in connection with the Promotion; and (iv) to forever and irrevocably agree to release, defend, indemnify, and hold harmless each of the Promotion Parties, Meta Platforms, Inc., Twitter, Inc., Instagram, Inc., LinkedIn Corporation, Google LLC their affiliates, and their respective officers, directors, employees, agents, shareholders, representatives, successors and assigns (collectively the “Released Parties”), from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability (including, but not limited to, liability for defamation, libel, slander, invasion of privacy, infringement of publicity or any intellectual property rights, any property loss, damage, personal injury, bodily injury, death, expense, accident, delay, inconvenience or irregularity, and any indirect, incidental, consequential, special, punitive or exemplary damages of any kind even if the Released Parties have been advised of the possibility of such loss or damages), costs and expenses (including, without limitation, reasonable outside attorneys’ fees) that may arise in connection with: (a) the Promotion, including but not limited to any Promotion-related activity or element thereof, and the participant’s participation or inability to participate in the Promotion, (b) the violation of any third party privacy, personal, publicity or proprietary rights, (c) typographical errors in these Official Rules, Requests for Entry Card, Entry Cards, or any Promotion materials, (d) acceptance, receipt, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a prize (or any component thereof), (e) any change in the prizing (or any components thereof) due to unavailability, business or creative considerations, or due to reasons beyond Sponsor’s control, including but not limited to by reason of Force Majeure events, or as otherwise permitted in these Official Rules, (f) any interruptions in or postponement, cancellation, or modification of the Promotion, (g) human error, (h) incorrect or inaccurate transcription, receipt or transmission of any part of the Promotion (including, without limitation, the Request for Entry Card, Entry Card, or participant information, prize or any parts thereof), (i) any wrongful, negligent, or unauthorized act or omission on the part of any of the Promotion Parties, or any of their agents or employees, (j) lost, late, stolen, misdirected, damaged or destroyed prizes (or any element thereof), (k) the collection, use and/or sharing of participant’s personal  information by Sponsor or their designees, or (l) the negligence or willful misconduct by participant. Any and all activities related to a prize, are at the winner’s own risk and subject to whatever restrictions are imposed by the entities that govern such activities.

 

12. GOVERNING LAW AND LIMITATION OF LIABILITY: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor or the Released Parties in connection with the Promotion will be governed by and construed in accordance with the internal laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.

BY ENTERING THE PROMOTION, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.  

13. DISPUTE RESOLUTION: The parties each agree to finally settle all disputes only through arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in State of California, and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited.  The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction.  The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Promotion shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS.  In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service.  If an in-person hearing is required, then it will take place in the State of California.  The federal or state law that applies to these Official Rules will also apply during the arbitration.  Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in State of California.  Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing).  Either party may, notwithstanding this provision, bring qualifying claims in small claims court.

14. ENTRY INFORMATION AND PROMOTION COMMUNICATIONS: As a condition of participating in the Promotion, each entrant gives consent for Sponsor to obtain and deliver his or her name, address and other information to third parties, including but limited to the Fulfillment Company, for the purpose of administering this Promotion and to comply with applicable laws, regulations and rules. Any information entrant provides to Sponsor may be used to communicate with entrant in relation to this Promotion or on a Promotion winner’s list. By participating in the Promotion, participant agrees to all of the terms and conditions of the Sponsor’s Privacy Policy, which is available at  co/about-noritz/privacy-policy/. In the event of any discrepancy between the Sponsor’s Privacy Policy and these Official Rules, these Official Rules shall control and govern.

15. MISCELLANEOUS: The invalidity or unenforceability of any provision of these Official Rules or the Affidavit will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules or the Affidavit is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.  Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision.  Entrants agree to waive any rights to claim ambiguity of these Official Rules.  Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof.  In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Promotion-related materials, including the Entry Cards, privacy policy or terms of use on any website, social media platform or application and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.   

16. WINNERS LIST: To receive the list of winners of prizes, send a #10 self-addressed, stamped envelope for receipt by October 31, 2023 to: NORITZ AMERICA CORPORATION’S RETROFIT REWARDS Winners List Request, c/o Marketing Department, 11160 Grace Ave, Fountain Valley, CA 92708. Contractors who are VT residents omit postage.

17. SPONSOR: NORITZ AMERICA CORPORATION, 11160 Grace Ave, Fountain Valley, CA 92708.

NORITZ AMERICA CORPORATION and NORITZ are registered trademarks of NORITZ AMERICA CORPORATION. All rights reserved. Reference to third parties in connection with prizes and/or third party websites or services are for reference and identification purposes only and not intended to suggest endorsement, sponsorship or affiliation with Sponsor or the Promotion.

18. FULFILLMENT COMPANY: Q Group, Inc., 1044 SE Paiute Way, Suite 104, Bend, OR 97702, https://clearmediagroup.com.  Fulfillment Company’s privacy policy may be accessed at https://clearmediagroup.espwebsite.com/Privacy/