NO PURCHASE NECESSARY TO ENTER OR WIN; A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW. AFFIDAVIT OF ELIGIBILITY, RELEASE OF LIABILITY & PRIZE ACCEPTANCE AGREEMENT MAY BE REQUIRED. BY ENTERING (OR OTHERWISE PARTICIPATING) IN THE LUX CS1 SMART THERMOSTAT GIVEAWAY, YOU AGREE TO THESE OFFICIAL RULES, WHICH CREATE A CONTRACT SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, SUCH CONTRACT INCLUDES GRANTS OF RIGHTS AND INDEMNITIES TO SPONSOR FROM YOU, A CLASS ACTION WAIVER, AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
SPONSOR: BVK c/o Johnson Controls, 5757 N. Green Bay Ave., Milwaukee, WI 53201
ELIGIBILITY: To enter the LUX CS1 Smart Thermostat Giveaway (the “Giveaway”), you must be a legal U.S. resident who physically resides in the 50 United States (includes DC) and is 18 years of age or older at the time of entry. Employees of Sponsor or its affiliates, sales representatives, agencies, dealers, retailers, wholesalers, distributors, and promotional and other vendor agencies involved in the Giveaway, their respective parent companies, affiliates, subsidiaries, service agencies, independent contractors, and the immediate family (parent, spouse, sibling, child, grandparent, grandchild, regardless of where they reside) and household members of all such employees, are NOT eligible. Giveaway is subject to all federal, state, and local laws and regulations. Void where prohibited or restricted by law.
HOW TO ENTER: To enter the Giveaway, participants must complete the following:
PRIZES AND APPROXIMATE RETAIL VALUE (“ARV”): Winning a prize is contingent upon fulfilling all requirements set forth herein. PLEASE NOTE: All taxes on prize are the sole responsibility of the winner. Where not prohibited, affidavit of eligibility (including SSN), prize acceptance form, tax information, publicity release, and/or mutually acceptable liability releases may be required from winner upon request by Sponsor. Prize is not transferable, and no substitution or cash equivalent is allowed, except in Sponsor’s sole discretion. Sponsor reserves the right to substitute prize of the same approximate retail value if advertised prize becomes unavailable for any reason. Prize consists only of items specifically listed as part of the prize. All costs and expenses not specified herein relating to a prize are the sole responsibility of the winner. Limit one (1) prize per person during the Giveaway Period.
RANDOM DRAW & ODDS OF WINNING: On or about the dates identified in the table above (“Entry Periods”), a random draw will be conducted from all entries received during the respective entry period. Odds of winning depend on the number of eligible entries received during the respective entry period for each drawing. Selected entrant will be notified by blog or social media comment within five (5) days of the drawing.
WINNER CONFIRMATION: To be confirmed a winner, the selected entrant must respond to the blog or social media post answering the propped questions within forty-eight (48) hours of initial message send, and if requested by Sponsor, winner must execute and return within a reasonable specified time an Affidavit of Eligibility, Publicity Release, and Release of Liability (collectively, “Winner’s Documents”), that may include, without limitation, acceptance of the prize, tax information, and/or mutually acceptable liability releases, as requested by Sponsor, except where prohibited by law. If the selected entrant cannot be confirmed a winner for any reason, or if any Winner’s Documents requested by Sponsor are not fully completed within the specified time or are returned as undeliverable, the selected entrant may be disqualified and the prize will be forfeited and an alternate winner will be chosen.
PUBLICITY RELEASE: Except where prohibited, acceptance of a prize constitutes winner’s consent that his or her name, likeness, voice and/or biographical data may be used for advertising and promotional purposes without limitation and without additional notice, compensation, or consent.
ENTRANTS’ AGREEMENT TO ABIDE BY 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 Giveaway, rule interpretation, or the awarding of a prize shall be submitted to Sponsor, whose decision shall be binding and final.
RELEASE OF LIABILITY: By entering, entrant agrees to release and hold harmless Sponsor and its dealers and retailers, affiliates, sales representatives, agencies, wholesalers, distributors and promotional and other vendor agencies involved in the Giveaway, their respective parent companies, affiliates, subsidiaries, service agencies, independent contractors, and the officers, directors, employees, agents and representatives of any of the above organizations (“Releasees”) from any injury, loss or damage to person, including death, or property due in-whole or in-part, directly or indirectly, to the acceptance or use/misuse of a prize, participation in any Giveaway-related activity, or participation in the Giveaway.
LIMITATION OF LIABILITY: Releasees are not responsible for, and each entrant releases and holds harmless, the Releasees from and against any and all losses, damages, actions, demands, liabilities or claims of whatever nature or kind arising out of, or in connection with, a prize or any portion thereof or this Giveaway. Without limiting the generality of the foregoing, the Releasees will not be responsible for any typographical or other error in the printed or other related material related of this Giveaway, the administration of the Giveaway, the selection of entrants, in the announcement of the prizes, including erroneous appearance of qualification for a prize, any entries or entrants disqualified for any of the reasons stated in these Official Rules, or any loss, damage or claims caused by, or in any way related to a prize or the Giveaway itself.
WARNING: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE GIVEAWAY MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS. SHOULD SUCH ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGE FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW AND TO BAN OR DISQUALIFY SUCH PERSON FROM THIS AND FUTURE GIVEAWAYS.
DISPUTES REGARDING THE IDENTITY OF ENTRANT: Entries will be deemed made by the authorized blog or social media commenter at the time of entry. In the event of a dispute, the selected entrant may be required to provide proof that s/he is the authorized holder of the identified comment.
CHANGES TO GIVEAWAY, OFFICIAL RULES, ETC.: Under no circumstances will more than the stated number of prizes be awarded. Sponsor reserves the right, in its sole and absolute discretion, to modify, cancel, or suspend this Giveaway, or to amend the Official Rules at any time, without prior individual notice, should any factor interfere with the administration, security, or proper play of this Giveaway as contemplated by these Official Rules. If for any reason Sponsor is prevented from continuing with this Giveaway, or the integrity and/or feasibility of the Giveaway is undermined by any event including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state, provincial/territorial or local government law, order or regulation, order of any court or jurisdiction, Sponsor shall have the right, but not the obligation, in its sole and absolute discretion, to award the prizes from among all entries received to date.
DISPUTES/CHOICE OF LAW: Each entrant agrees that (1) any and all disputes, claims, and causes of action arising out of or in connection with this GIVEAWAY, or any prize awarded, shall be resolved individually, without resort to any form of class action, and any judicial proceeding shall take place in a federal or state court in WISCONSIN; (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this GIVEAWAY, but in no event attorneys’ fees, and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental, and consequential damages, and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of entrant and the Sponsor in connection with this GIVEAWAY shall be governed by, and construed in accordance with, the laws of the State of WISCONSIN, without giving effect to any choice of law or conflict of law rules or provisions OF any other jurisdiction that would cause the application of the laws of any jurisdiction other than those of the State of WISCONSIN.
RULES GOVERN: The Giveaway will be run in accordance with these Official Rules, which shall prevail, govern, and control in the event of any inconsistency with any Giveaway-related materials.