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Weil-McLain® Boiler Bucks™ Fast Start Promotion – Owners/Managers

OFFICIAL RULES

NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.

BY ENTERING (OR OTHERWISE PARTICIPATING) IN THE SWEEPSTAKES, YOU AGREE TO THESE OFFICIAL RULES, WHICH CREATE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING.  WITHOUT LIMITATION, THE OFFICIAL RULES INCLUDE GRANTS OF RIGHTS AND INDEMNITIES TO SPONSOR FROM YOU, A CLASS ACTION WAIVER, AND A LIMITATION OF YOUR RIGHTS AND REMEDIES, INCLUDING THE RESOLUTION OF ANY DISPUTES THROUGH BINDING ARBITRATION.

ELIGIBILITY: The Weil-McLain® Boiler Bucks™ Fast Start Promotion for Owners/Managers (“Promotion”) is a trade promotion open only to legal residents of the fifty (50) United States (including the District of Columbia) who are (a) 18 years old or older at the time of enrollment and have reached the age of majority in their state of residence; (b) an owner or manager of a U.S. business that purchases and installs commercial or residential boilers (eligible “entrant”); and (c) who have registered for the Weil-McLain Boiler Bucks Program (“Program”).  (Each eligible participant an “entrant.”)  Registration for the Program is free; registrants have no obligations upon registration, though they must agree to the Program’s terms and conditions.  Employees, officers, directors of The Marley-Wylain Company d/b/a Weil-McLain (“Sponsor”), BI WORLDWIDE (“Administrator”), their respective subsidiaries and affiliated companies, agents, advertising/promotion agencies, individuals engaged in the development, production, or distribution of materials for, or implementation of the Promotion (collectively referred to herein as the “Promotion Entities”), and the immediate family members (spouse, siblings, children and parents, including foster and step-relations) or those living in their same household (whether or not related) as any person in any of the preceding categories are not eligible to enter or win a prize. Sweepstakes is subject to all federal, state, and local laws and regulations.  Void where prohibited or restricted by law.

IMPORTANT NOTICE:  Entrants have the responsibility to review and understand applicable government policies and/or their employer’s policies and all applicable laws, rules and regulations (“laws”) regarding eligibility to participate in trade promotions including this Promotion.  If an individual is participating in violation of their employer’s policies or other laws or regulations, that individual and its employer will be disqualified from this Promotion, or from receiving a prize.  Sponsor and Administrator disclaim any and all liability and responsibility for disputes related to this matter. 

By entering the Promotion, each entrant fully and unconditionally agrees to and accepts these Official Rules, the information provided by Sponsor in connection with the Promotion, and the decisions of the Sponsor and Administrator (and their authorized representatives) which are final and binding with respect to all matters pertaining to this Promotion and all elements thereof.

HOW TO ENTER / FAST START REGISTRATION & PROMOTION PERIOD: The Promotion consists of an Instant Win Game that is accessed upon registering for the Program.  Fast Start Promotion registration begins at 12:00:00 AM Central Time (“CT”) on June 10, 2015 and ends at 11:59:59 PM CT on August 20, 2015, or when supply of 596 Instant Win game plays have been exhausted (whichever occurs first)  (“Promotion Period”). Registration for the Program is required for participation in the Promotion, and a valid email address is required for participation.  To register, visit www.WMBoilerBucks.com (the “Website”), and follow the online registration instructions. Registration will only be completed when participant enters all of the required information and the Website validates the registration submission.  See the Fast Start Game section below for additional details.  Limit one registration/entry per person.  Entrants may not enter with multiple email addresses nor may entrants use any other device or artifice to enter multiple times above the stated limit or as multiple entrants. Any entrant who attempts to enter with multiple email addresses or uses any device or artifice to enter multiple times above the stated limit will be disqualified and forfeits any prize won, in Sponsor’s sole discretion.

The clock on the Administrator’s server shall be the official time keeping device for this Promotion.  All time referenced in connection with the Promotion is Central Time.  Entrants are solely responsible for determining the corresponding time zone in their respective jurisdictions; Promotion Entities disclaim all liability or responsibility relating thereto.

FAST START GAME:  Participants who complete the Program registration during the Promotion Period will be given the opportunity to play an Instant Win Game.  PLEASE NOTE: INSTANT WIN PLAYS MUST BE PLAYED IMMEDIATELY OR ELSE ENTRANT FORFEITS PLAY AND PLAY WILL BE VOID.  Follow the online instructions for playing the Instant Win game.  Play will result in a winning or non-winning message.  Winning messages will indicate the prize won.  Limit one Fast Start game opportunity/play per entrant.

Only valid registrations received and verified by Sponsor (or its authorized representative) within the Promotion Period may be eligible to receive an Instant Win play for purposes of the Promotion.  Participation in the Promotion and prize awards are subject to verification and determination of eligibility and compliance of all entrants, and any other information required by Sponsor in order to verify a winner. Any apparent or suspected attempt by any entrant, directly or indirectly, to cheat, engage in fraud, engage in spamming, phishing, use/benefit from robotic, automatic, bots, macro, programming or any other unauthorized method to, for example, obtain multiple or unauthentic or fraudulent Instant Win plays, prizes or to submit inaccurate, incomplete or untimely information, as determined by Sponsor in its sole and absolute discretion, will void all such Instant Win plays and disqualify any entrant suspected of using/benefitting from such methods.  Without limiting the foregoing, Sponsor has the absolute right to verify entrants’ eligibility and compliance with these Official Rules and, on the basis of its investigation, to disqualify any entrant and/or Instant Win plays at any time during or after the Promotion Period, and require immediate prize return, if applicable.  Promotion Entities assume no responsibility for lost, late, incomplete, inaccurate, delayed, destroyed, damaged, illegible, or misdirected registrations, and/or Instant Win plays (in whole or in part), and/or non-compliance.

Registrations may only be submitted by a single registered user, group submissions are not permissible.  Multiple entrants are not permitted to share the same account, device or email address.  

PRIZES/APPROXIMATE RETAIL VALUE (“ARV”)/ODDS:

Instant Win Prizes:

·       Weil-McLain Cap – 28 available.  ARV $10 each. Odds 1:21

·       Leatherman multi-tool – 18 available.  ARV $12 each. Odds 1:33

·       $10 Starbucks e-gift card– 75 available.   ARV $10 each. Odds 1:8

·       $25 Amazon e-gift card – 28 available.  ARV $25 each.  Odds 1:21

Total ARV of all prizes to be awarded:  $1,871.

Limit one (1) prize per person.  Prizes will be fulfilled within four to six weeks after winning play via U.S. mail or e-mail to the U.S. address or email address provided in the registration form respectively.

Prizes cannot be assigned, transferred, or substituted in whole or in part, except by Sponsor who may, at its sole discretion, substitute a prize with a prize of equal or greater value.  Prizes are not redeemable for cash; any difference between the actual value and ARV of the prize will not be awarded as cash, or otherwise.  Any e-gift cards will be delivered electronically to the email address used at time or registration; a valid email address is required.  Winner of an e-gift card must comply with terms and conditions of the issuer of the gift card. Prizes must be accepted in their entirety or will be forfeited. Only the number of prizes stated in these Official Rules is available to be won in the Promotion. In no event will the Promotion Entities be responsible for awarding more than the stated number of prizes herein or on the Website.  In event that production, seeding, printing, computer/game errors or any other reasons cause more than the stated number of prizes in any category, as set forth in these Official Rules, to be announced, available and/or claimed, Sponsor reserves the right to award only the stated number of prizes (previously not awarded) by random drawing among all legitimate eligible prize claimants for that prize level as applicable.  There will NOT be a second-chance drawing for prizes; all un-awarded, unclaimed, ignored, returned, or otherwise undelivered prize notifications or prizes will be forfeited.  Any and all applicable local, state, and federal taxes and all expenses not specifically stated herein are solely the responsibility of a winner.

Prizes, and any element thereof, including any products received as a prize, may not be sold, resold, auctioned, bartered, or placed into any other unauthorized channels of distribution. Trademarks on products listed or displayed as prizes are owned by their respective manufacturers who are not sponsors of, nor otherwise affiliated with this Promotion.   Any prize pictured or mentioned in advertising or Promotion materials (including the Website) is for illustrative purposes only and may not be the actual prize awarded.

AGREEMENT TO ARBITRATION/DISPUTES:  As a condition of participating in this Promotion, entrants agree that any and all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, participant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Promotion, and any other disputes that cannot be informally resolved between the parties arising out of or connected with this Promotion or any element thereof shall be resolved individually, without claim or resort to any form of class action, exclusively before a neutral one person arbitration panel located in Chicago, IL; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in Chicago, Illinois, and any other court with jurisdiction over the parties.  The arbitration shall be binding and conducted through the American Arbitration Association or any other mutually agreeable arbitration administration service.  The arbitrator shall facilitate discovery but only one (1) deposition shall be permitted per party unless otherwise agreed.  Within 30 days of selecting the arbitrator, the filing party shall provide copies of all evidence in its possession that supports its demand.   Within 30 days of receipt of such information, the receiving party shall produce all evidence that supports its defense.  The arbitration must be completed through the rendering of award within six (6) months of selection of the arbitrator.  The hearing shall be no longer than three (3) consecutive business days equally divided between the parties.  The arbitrator may award monetary damages only and may not include any exemplary or punitive damages. If an in-person hearing is required, then it will take place in Chicago, Illinois; provided, however, if none of these locations are convenient for the hearing, the parties may mutually agree on an alternative location.  Federal and Delaware state law will 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 Chicago, Illinois.  The administrative and arbitrator’s fees shall be shared evenly between the parties.  In no event shall any entrant seek or be entitled to rescission, injunctive or other equitable relief or to enjoin or restrain the operation of this Promotion (or any website connected therewith), exploitation of any advertising or other materials issued in connection therewith, or exploitation of this Promotion (or any website or any content or other materials used or displayed on the website used in connection with the Promotion).

RELEASE OF LIABILITY:  TO THE FULLEST EXTENT PERMITTED BY LAW, BY PARTICIPATING ENTRANTS AGREE TO RELEASE, DISCHARGE AND HOLD HARMLESS THE PROMOTION ENTITIES, AND THEIR PARENT, AFFILIATED AND SUBSIDIARY COMPANIES, ADVERTISING AND PROMOTION AGENCIES, AND THEIR RESPECTIVE DISTRIBUTORS, OFFICERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS, REPRESENTATIVES, ASSIGNS AND AGENTS (“RELEASED PARTIES”) FROM AND AGAINST ANY AND ALL ALLEGED AND/OR ACTUAL CLAIMS, CAUSES OF ACTION, DEMANDS, LOSSES, SETTLEMENTS (WHETHER OR NOT LITIGATION OR OTHER LEGAL PROCEEDINGS ARE COMMENCED), LIABILITIES AND DAMAGES OF ANY KIND WHATSOEVER EXISTING NOW OR ARISING IN THE FUTURE (INCLUDING, WITHOUT LIMITATION, BODILY INJURY, PERSONAL INJURY, DEATH, DISABILITY AND PROPERTY DAMAGE, VIOLATION OF PROPRIETARY, PUBLICITY, PRIVACY OR ANY OTHER RIGHT), COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, COURT COSTS, SETTLEMENT AND DISBURSEMENTS) DIRECTLY OR INDIRECTLY ARISING OUT OF USE OF THE ENTRY IN WHOLE OR IN PART, THE ACCEPTANCE, POSSESSION, USE, MISDIRECTION, OR MISUSE OF A PRIZE OR ANY ELEMENT THEREOF, PARTICIPATION IN THE PROMOTION OR ANY ELEMENT THEREOF AND/OR PRIZE RELATED ACTIVITY, AND ACCESS/USE OF ALL WEBSITES, WHETHER OR NOT CAUSED BY THE NEGLIGENCE OF ONE OR MORE OF THE RELEASED PARTIES.  To the fullest extent permitted by law, entrants covenant not to sue any Released Party or cause them to be sued regarding any matter released above; and further covenant not to disaffirm, limit or rescind this release. A waiver by one or more of the Released Parties of any term in these Official Rules does not constitute a waiver of any other provision.

In no event will the Released Parties be responsible or liable for any indirect, incidental, consequential or punitive damages arising out of this Promotion, participation in Promotion and/or prize related activities, the use or misuse of a prize or any element thereof, the failure or refusal to award a prize or any element thereof, or access to, and use of any participating Website(s) or the downloading from and/or printing material downloaded from said site(s).  Without limiting the foregoing, the prizes and everything on the Website is provided "AS IS” without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. 

PUBLICITY RELEASE:  By participating, entering and/or accepting a prize, entrants and winners hereby irrevocably consent, where lawful, to the use (but without obligation) by Sponsor (and their affiliated companies and their respective authorized representatives) of their name, image, photographs, videotape, likeness, hometown name, biographical information, voice as well as any statements made by winner regarding the Promotion or Sponsor (provided they are true) for publicity, trade, advertising and promotional purposes in all media now known or hereafter developed worldwide, including but not limited to the Internet, mobile devices, and World Wide Web, without additional compensation, and without the right of review, notification or approval.

ENTRANTS’ AGREEMENT TO ABIDE BY THE OFFICIAL RULES:  By entering, entrant agrees that s/he has read, accepted, and will abide by and be bound by these Official Rules and agrees that any dispute with regard to the conduct of this Sweepstakes, rule interpretation, or the awarding of the Grand Prize shall be submitted to Sponsor, whose decision shall be binding and final.  In the event of noncompliance, if an entrant is or becomes noncompliant or ineligible during or after the Promotion, or cannot be reached within two separate attempts using the contact information (in Sponsor’s discretion) provided at time of entry if necessary to confirm compliance, that prize will be forfeited in its entirety.

GENERAL CONDITIONS:  Neither Sponsor nor its agencies are responsible for lost, late, misdirected, incomplete, unintelligible, illegible, stolen, returned, inaccessible, or undelivered Fast Start registrations, Instant Win plays, mail, fax or e-mail, or for lost, interrupted or unavailable satellite, network, server, Internet Service Provider (ISP), Website, or other connections (un)availability, (in)accessibility or traffic congestion, or miscommunications, or failed computer, network, telephone, satellite, cable hardware, software or lines, or technical failure, or jumbled, scrambled, delayed, or misdirected transmissions, or computer hardware or software malfunctions, failures or difficulties, incompatibility, or errors of any kind whether human, mechanical, electronic or network, or the incorrect or inaccurate capture of entry, or other information, nor for the failure to capture any such information, nor for any of the above in connection with the Promotion, or any element thereof.  Persons who tamper with or abuse any aspect of the Promotion or Website, as solely determined by the Sponsor, will be disqualified.  ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS IN VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.  Should any portion of the Promotion be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention, technical failures or other causes (similar or dissimilar) which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness, or proper play, Instant Win plays, or submission of Fast Start registration, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Promotion, or any element thereof and select winners from eligible non-suspect entries received prior to the action taken, or as otherwise deemed fair and appropriate by Sponsor.  Sponsor is not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Promotion, and assumes no responsibility for any error, interruption, deletion, defect, delay in operation, or transmission, communications line failure, theft or destruction to, or unauthorized use of the Website.  In the event of any discrepancy, ambiguity, inconsistency, printing or any other error or miscommunication in any advertising, announcements, brochures, cover letters, Promotion materials and/or any other information relating to this Promotion (in any and all media/medium) or any element thereof, these Official Rules shall govern. 

Promotion Entities shall not be liable to entrants, winners or any other person or entity for failure to execute the Promotion, or any element thereof, or supply a prize, or any part thereof, by reason of any act of God, any action(s), regulation(s) order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist act, cyber-attack, earthquake, war, fire, flood, explosion, 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, civil disturbance, insurrection, riot, or any similar or dissimilar event beyond their reasonable control.

PRIVACY POLICY: For information about how the Sponsor uses personal information collected in connection with this Promotion, please see its privacy policy, located at http://www.weil-mclain.com/en/weil-mclain/privacy-policy/.

WINNERS’ LIST:  For a list of winners, please send a self-addressed, stamped envelope before August 1, 2015 to:  Weil-McLain Boiler Bucks Fast Start Promotion for Owners/Managers – Winners’ List Request, BI Worldwide, 7630 Bush Lake Road, Building 4, Minneapolis, Minnesota 55439.  Residents of Vermont may omit return postage.

SPONSOR: Weil-McLain, 999 McClintock Drive, Burr Ridge, IL 60527.

PROMOTION ADMINISTRATOR:  Shoeneckers, Inc., doing business as BI Worldwide, 760 Bush Lake Road, Minneapolis, Minnesota 55439.

© 2015 The Marley-Wylain Company

 

 

 

 

Weil-McLain® Boiler Bucks™ Fast Start Promotion - Installers

OFFICIAL RULES

 

NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.

BY ENTERING (OR OTHERWISE PARTICIPATING) IN THE SWEEPSTAKES, YOU AGREE TO THESE OFFICIAL RULES, WHICH CREATE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING.  WITHOUT LIMITATION, THE OFFICIAL RULES INCLUDE GRANTS OF RIGHTS AND INDEMNITIES TO SPONSOR FROM YOU, A CLASS ACTION WAIVER, AND A LIMITATION OF YOUR RIGHTS AND REMEDIES, INCLUDING THE RESOLUTION OF ANY DISPUTES THROUGH BINDING ARBITRATION.

ELIGIBILITY: The Weil-McLain® Boiler Bucks™ Fast Start Promotion for Installers (“Promotion”) is a trade promotion open only to legal residents of the fifty (50) United States (including the District of Columbia) who are (a) 18 years old or older at the time of enrollment and have reached the age of majority in their state of residence; (b) employed as an installer of boilers by a U.S. business that purchases and installs commercial or residential boilers (eligible “entrant”); and (c) who have registered for the Weil-McLain Boiler Bucks Program (“Program”).  (Each eligible participant an “entrant.”)  Registration for the Program is free; registrants have no obligations upon registration, though they must agree to the Program’s terms and conditions.  Employees, officers, directors of The Marley-Wylain Company d/b/a Weil-McLain (“Sponsor”), BI WORLDWIDE (“Administrator”), their respective subsidiaries and affiliated companies, agents, advertising/promotion agencies, individuals engaged in the development, production, or distribution of materials for, or implementation of the Promotion (collectively referred to herein as the “Promotion Entities”), and the immediate family members (spouse, siblings, children and parents, including foster and step-relations) or those living in their same household (whether or not related) as any person in any of the preceding categories are not eligible to enter or win a prize. Sweepstakes is subject to all federal, state, and local laws and regulations.  Void where prohibited or restricted by law.

IMPORTANT NOTICE:  Entrants have the responsibility to review and understand applicable government policies and/or their employer’s policies and all applicable laws, rules and regulations (“laws”) regarding eligibility to participate in trade promotions including this Promotion.  If an individual is participating in violation of their employer’s policies or other laws or regulations, that individual and its employer will be disqualified from this Promotion, or from receiving a prize.  Sponsor and Administrator disclaim any and all liability and responsibility for disputes related to this matter. 

By entering the Promotion, each entrant fully and unconditionally agrees to and accepts these Official Rules, the information provided by Sponsor in connection with the Promotion, and the decisions of the Sponsor and Administrator (and their authorized representatives) which are final and binding with respect to all matters pertaining to this Promotion and all elements thereof.

HOW TO ENTER / FAST START REGISTRATION & PROMOTION PERIOD: The Promotion consists of an Instant Win Game that is accessed upon registering for the Program.  Fast Start Promotion registration begins at 12:00:00 AM Central Time (“CT”) on June 10, 2015 and ends at 11:59:59 PM CT on August 20, 2015 (“Promotion Period”). Registration for the Program is required for participation in the Promotion, and a valid email address is required for participation.  To register, visit www.WMBoilerBucks.com (the “Website”), and follow the online registration instructions. Registration will only be completed when participant enters all of the required information and the Website validates the registration submission.  See the Fast Start Game section below for additional details.  Limit one (1) registration/entry per person.  Entrants may not enter with multiple email addresses nor may entrants use any other device or artifice to enter multiple times above the stated limit or as multiple entrants. Any entrant who attempts to enter with multiple email addresses or uses any device or artifice to enter multiple times above the stated limit will be disqualified and forfeits any prize won, in Sponsor’s sole discretion.

The clock on the Administrator’s server shall be the official time keeping device for this Promotion.  All time referenced in connection with the Promotion is Central Time.  Entrants are solely responsible for determining the corresponding time zone in their respective jurisdictions; Promotion Entities disclaim all liability or responsibility relating thereto.

FAST START GAME:  Participants who complete the Program registration during the Promotion Period will be given the opportunity to play an Instant Win Game.  PLEASE NOTE: INSTANT WIN PLAYS MUST BE PLAYED IMMEDIATELY OR ELSE ENTRANT FORFEITS PLAY AND PLAY WILL BE VOID.  Follow the online instructions for playing the Instant Win game.  Play will result in a winning or non-winning message.  Winning messages will indicate the prize won.  Limit one (1) Fast Start game opportunity/play per entrant.

Only valid registrations received and verified by Sponsor (or its authorized representative) within the Promotion Period may be eligible to receive an Instant Win play for purposes of the Promotion.  Participation in the Promotion and prize awards are subject to verification and determination of eligibility and compliance of all entrants, and any other information required by Sponsor in order to verify a winner. Any apparent or suspected attempt by any entrant, directly or indirectly, to cheat, engage in fraud, engage in spamming, phishing, use/benefit from robotic, automatic, bots, macro, programming or any other unauthorized method to, for example, obtain multiple or unauthentic or fraudulent Instant Win plays, prizes or to submit inaccurate, incomplete or untimely information, as determined by Sponsor in its sole and absolute discretion, will void all such Instant Win plays and disqualify any entrant suspected of using/benefitting from such methods.  Without limiting the foregoing, Sponsor has the absolute right to verify entrants’ eligibility and compliance with these Official Rules and, on the basis of its investigation, to disqualify any entrant and/or Instant Win plays at any time during or after the Promotion Period, and require immediate prize return, if applicable.  Promotion Entities assume no responsibility for lost, late, incomplete, inaccurate, delayed, destroyed, damaged, illegible, or misdirected registrations, and/or Instant Win plays (in whole or in part), and/or non-compliance.

Registrations may only be submitted by a single registered user, group submissions are not permissible.  Multiple entrants are not permitted to share the same account, device or email address.  

PRIZES/APPROXIMATE RETAIL VALUE (“ARV”)/ODDS:

Instant Win Prizes:

·       Weil-McLain Cap – 8 available.  ARV $10 each.

·       Leatherman multi-tool – 8 available.  ARV $12 each.

·       $10 Starbucks e-gift card– 20 available.   ARV $10 each.

Total ARV of all prizes to be awarded:  $376.

Odds Statement:  Instant Win prizes are randomly time-seeded throughout the Promotion Period; the first participant who completes an Instant Win Play (as received and recorded by Sponsor) on or immediately after a randomly selected time during the Promotion Period will be presented with a winning message and corresponding prize. If multiple game plays are received at exactly the same time, at a winning time, the Website will randomly select which of the Instant Win Plays is the winning game play for that winning time.

Limit one (1) prize per person.  Prizes will be fulfilled within four to six weeks after winning play via U.S. mail or e-mail to the U.S. address or email address provided in the registration form respectively.

Prizes cannot be assigned, transferred, or substituted in whole or in part, except by Sponsor who may, at its sole discretion, substitute a prize with a prize of equal or greater value.  Prizes are not redeemable for cash; any difference between the actual value and ARV of the prize will not be awarded as cash, or otherwise.  Any e-gift cards will be delivered electronically to the email address used at time or registration; a valid email address is required.  Winner of an e-gift card must comply with terms and conditions of the issuer of the gift card. Prizes must be accepted in their entirety or will be forfeited. Only the number of prizes stated in these Official Rules is available to be won in the Promotion. In no event will the Promotion Entities be responsible for awarding more than the stated number of prizes herein or on the Website.  In event that production, seeding, printing, computer/game errors or any other reasons cause more than the stated number of prizes in any category, as set forth in these Official Rules, to be announced, available and/or claimed, Sponsor reserves the right to award only the stated number of prizes (previously not awarded) by random drawing among all legitimate eligible prize claimants for that prize level as applicable.  There will NOT be a second-chance drawing for prizes; all un-awarded, unclaimed, ignored, returned, or otherwise undelivered prize notifications or prizes will be forfeited.  Any and all applicable local, state, and federal taxes and all expenses not specifically stated herein are solely the responsibility of a winner.

Prizes, and any element thereof, including any products received as a prize, may not be sold, resold, auctioned, bartered, or placed into any other unauthorized channels of distribution. Trademarks on products listed or displayed as prizes are owned by their respective manufacturers who are not sponsors of, nor otherwise affiliated with this Promotion.   Any prize pictured or mentioned in advertising or Promotion materials (including the Website) is for illustrative purposes only and may not be the actual prize awarded.

AGREEMENT TO ARBITRATION/DISPUTES:  As a condition of participating in this Promotion, entrants agree that any and all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, participant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Promotion, and any other disputes that cannot be informally resolved between the parties arising out of or connected with this Promotion or any element thereof shall be resolved individually, without claim or resort to any form of class action, exclusively before a neutral one person arbitration panel located in Chicago, IL; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in Chicago, Illinois, and any other court with jurisdiction over the parties.  The arbitration shall be binding and conducted through the American Arbitration Association or any other mutually agreeable arbitration administration service.  The arbitrator shall facilitate discovery but only one (1) deposition shall be permitted per party unless otherwise agreed.  Within 30 days of selecting the arbitrator, the filing party shall provide copies of all evidence in its possession that supports its demand.  Within 30 days of receipt of such information, the receiving party shall produce all evidence that supports its defense.  The arbitration must be completed through the rendering of award within six (6) months of selection of the arbitrator.  The hearing shall be no longer than three (3) consecutive business days equally divided between the parties.  The arbitrator may award monetary damages only and may not include any exemplary or punitive damages. If an in-person hearing is required, then it will take place in Chicago, Illinois; provided, however, if none of these locations are convenient for the hearing, the parties may mutually agree on an alternative location.  Federal and Delaware state law will 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 Chicago, Illinois.  The administrative and arbitrator’s fees shall be shared evenly between the parties.  In no event shall any entrant seek or be entitled to rescission, injunctive or other equitable relief or to enjoin or restrain the operation of this Promotion (or any website connected therewith), exploitation of any advertising or other materials issued in connection therewith, or exploitation of this Promotion (or any website or any content or other materials used or displayed on the website used in connection with the Promotion).

RELEASE OF LIABILITY:  TO THE FULLEST EXTENT PERMITTED BY LAW, BY PARTICIPATING ENTRANTS AGREE TO RELEASE, DISCHARGE AND HOLD HARMLESS THE PROMOTION ENTITIES, AND THEIR PARENT, AFFILIATED AND SUBSIDIARY COMPANIES, ADVERTISING AND PROMOTION AGENCIES, AND THEIR RESPECTIVE DISTRIBUTORS, OFFICERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS, REPRESENTATIVES, ASSIGNS AND AGENTS (“RELEASED PARTIES”) FROM AND AGAINST ANY AND ALL ALLEGED AND/OR ACTUAL CLAIMS, CAUSES OF ACTION, DEMANDS, LOSSES, SETTLEMENTS (WHETHER OR NOT LITIGATION OR OTHER LEGAL PROCEEDINGS ARE COMMENCED), LIABILITIES AND DAMAGES OF ANY KIND WHATSOEVER EXISTING NOW OR ARISING IN THE FUTURE (INCLUDING, WITHOUT LIMITATION, BODILY INJURY, PERSONAL INJURY, DEATH, DISABILITY AND PROPERTY DAMAGE, VIOLATION OF PROPRIETARY, PUBLICITY, PRIVACY OR ANY OTHER RIGHT), COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, COURT COSTS, SETTLEMENT AND DISBURSEMENTS) DIRECTLY OR INDIRECTLY ARISING OUT OF USE OF THE ENTRY IN WHOLE OR IN PART, THE ACCEPTANCE, POSSESSION, USE, MISDIRECTION, OR MISUSE OF A PRIZE OR ANY ELEMENT THEREOF, PARTICIPATION IN THE PROMOTION OR ANY ELEMENT THEREOF AND/OR PRIZE RELATED ACTIVITY, AND ACCESS/USE OF ALL WEBSITES, WHETHER OR NOT CAUSED BY THE NEGLIGENCE OF ONE OR MORE OF THE RELEASED PARTIES.  To the fullest extent permitted by law, entrants covenant not to sue any Released Party or cause them to be sued regarding any matter released above; and further covenant not to disaffirm, limit or rescind this release. A waiver by one or more of the Released Parties of any term in these Official Rules does not constitute a waiver of any other provision.

In no event will the Released Parties be responsible or liable for any indirect, incidental, consequential or punitive damages arising out of this Promotion, participation in Promotion and/or prize related activities, the use or misuse of a prize or any element thereof, the failure or refusal to award a prize or any element thereof, or access to, and use of any participating Website(s) or the downloading from and/or printing material downloaded from said site(s).  Without limiting the foregoing, the prizes and everything on the Website is provided "AS IS” without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. 

PUBLICITY RELEASE:  By participating, entering and/or accepting a prize, entrants and winners hereby irrevocably consent, where lawful, to the use (but without obligation) by Sponsor (and their affiliated companies and their respective authorized representatives) of their name, image, photographs, videotape, likeness, hometown name, biographical information, voice as well as any statements made by winner regarding the Promotion or Sponsor (provided they are true) for publicity, trade, advertising and promotional purposes in all media now known or hereafter developed worldwide, including but not limited to the Internet, mobile devices, and World Wide Web, without additional compensation, and without the right of review, notification or approval.

ENTRANTS’ AGREEMENT TO ABIDE BY THE OFFICIAL RULES:  By entering, entrant agrees that s/he has read, accepted, and will abide by and be bound by these Official Rules and agrees that any dispute with regard to the conduct of this Sweepstakes, rule interpretation, or the awarding of the Grand Prize shall be submitted to Sponsor, whose decision shall be binding and final.  In the event of noncompliance, if an entrant is or becomes noncompliant or ineligible during or after the Promotion, or cannot be reached within two separate attempts using the contact information (in Sponsor’s discretion) provided at time of entry if necessary to confirm compliance, that prize will be forfeited in its entirety.

GENERAL CONDITIONS:  Neither Sponsor nor its agencies are responsible for lost, late, misdirected, incomplete, unintelligible, illegible, stolen, returned, inaccessible, or undelivered Fast Start registrations, Instant Win plays, mail, fax or e-mail, or for lost, interrupted or unavailable satellite, network, server, Internet Service Provider (ISP), Website, or other connections (un)availability, (in)accessibility or traffic congestion, or miscommunications, or failed computer, network, telephone, satellite, cable hardware, software or lines, or technical failure, or jumbled, scrambled, delayed, or misdirected transmissions, or computer hardware or software malfunctions, failures or difficulties, incompatibility, or errors of any kind whether human, mechanical, electronic or network, or the incorrect or inaccurate capture of entry, or other information, nor for the failure to capture any such information, nor for any of the above in connection with the Promotion, or any element thereof.  Persons who tamper with or abuse any aspect of the Promotion or Website, as solely determined by the Sponsor, will be disqualified.  ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS IN VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.  Should any portion of the Promotion be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention, technical failures or other causes (similar or dissimilar) which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness, or proper play, Instant Win plays, or submission of Fast Start registration, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Promotion, or any element thereof and select winners from eligible non-suspect entries received prior to the action taken, or as otherwise deemed fair and appropriate by Sponsor.  Sponsor is not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Promotion, and assumes no responsibility for any error, interruption, deletion, defect, delay in operation, or transmission, communications line failure, theft or destruction to, or unauthorized use of the Website.  In the event of any discrepancy, ambiguity, inconsistency, printing or any other error or miscommunication in any advertising, announcements, brochures, cover letters, Promotion materials and/or any other information relating to this Promotion (in any and all media/medium) or any element thereof, these Official Rules shall govern. 

Promotion Entities shall not be liable to entrants, winners or any other person or entity for failure to execute the Promotion, or any element thereof, or supply a prize, or any part thereof, by reason of any act of God, any action(s), regulation(s) order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist act, cyber-attack, earthquake, war, fire, flood, explosion, 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, civil disturbance, insurrection, riot, or any similar or dissimilar event beyond their reasonable control.

PRIVACY POLICY:  For information about how the Sponsor uses personal information collected in connection with this Promotion, please see its privacy policy, located at http://www.weil-mclain.com/en/weil-mclain/privacy-policy/.

WINNERS’ LIST:  For a list of winners, please send a self-addressed, stamped envelope before August 1, 2015 to:  Weil-McLain Boiler Bucks Fast Start Promotion for Installers – Winners’ List Request, BI Worldwide, 7630 Bush Lake Road, Building 4, Minneapolis, Minnesota 55439.  Residents of Vermont may omit return postage.

SPONSOR:  Weil-McLain, 999 McClintock Drive, Burr Ridge, IL 60527.

PROMOTION ADMINISTRATOR:  Shoeneckers, Inc., doing business as BI Worldwide, 760 Bush Lake Road, Minneapolis, Minnesota 55439.

© 2015 The Marley-Wylain Company

 

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