Important: Please read these Official Rules before entering this Contest (the “Contest”).By participating in this Contest, you agree to be bound by these Official Rules and represent that you satisfy all of the eligibility requirements below.
NO PURCHASE IS NECESSARY TO ENTER THIS CONTEST.
Contest void where prohibited. Subject to applicable federal, state, and local laws.
1. Eligibility: The Contest is open only to legal residents of the 50 United States or District of Columbia who are at least 18 years old (or the age of majority in their jurisdiction of residence, whichever is older), and own an eligible business that has 99 or less employees, is active, operating, and is in good standing in one of the 50 United States, and the primary purpose of the business is not competitive with AirDoctor (an “Eligible Business”) . Directors, officers, members, managers, and employees of AirDoctor LLC (“Sponsor”); and any of their respective parent companies, affiliate companies, subsidiaries, agents, professional advisors, advertising, promotional, public relations, and fulfillment agencies, consultants, legal counsel, website providers, web masters, and immediate family members (spouse, parent, child, sibling, grandparent, and “step” child, wherever they may live) of each are not eligible to win any prize. IF YOU DO NOT MEET ANY OF THESE REQUIREMENTS, OR ANY OTHER ELIGIBILITY REQUIREMENTS IN THESE OFFICIAL RULES, YOU ARE NOT ELIGIBLE TO WIN A PRIZE. To be eligible to win a prize, entries must be completed and received by Sponsor in the manner and format designated below and otherwise comply with these Official Rules.
2. Contest Period: The Contest starts at 9:00 a.m. (PST) on November 18, 2023 and ends at 11:59 p.m. (PST) on November 25, 2023 (the “Contest Period”). Sponsor’s or its designee’s computer is the official time-keeping device for the Contest. All entries must be received during the Contest Period and meet other requirements in these Official Rules to be eligible to win a prize. Proof of submission does not constitute proof of receipt by Sponsor.
3. How to Enter: To enter, complete the steps as instructed during the Contest Period:
a. Method of Entry: An email will be sent to AirDoctor subscribers. The email will have an entry form
requesting the email recipient’s name, contact email, the Eligible Business, the number of employees in the
nominated business (must be less than 100), the type of business, and in 1000 words or less, why your
Eligible Business deserves to win, including the impact on the community.
By submitting an entry as instructed above (“Submission”), you agree that your Submission conforms to the Guidelines and Restrictions below. Sponsor may choose to remove any Submission or disqualify you from the Contest if it believes that your Submission fails to conform with the Guidelines and Restrictions. Upon completion of all required entry steps and compliance with the Guidelines and Restrictions, you will automatically receive one entry into the Contest.
Limit: ONE ENTRY PER PERSON DURING CONTEST PERIOD, REGARDLESS OF METHOD OF ENTRY.
Any attempt to obtain additional entries, including through multiple or duplicate accounts may result in
Submission Guidelines and Restrictions:
a. Your Submission must not include or refer to untruthful, incomplete, inaccurate or misleading information.
b. Your Submission must be your original creation and owned 100% by you, or, alternatively, you must have the full rights to grant the license and other rights that you grant to Sponsor in Section 10 below.
c. Your Submission must not (in Sponsor’s discretion): (i) violate any third-party rights, including copyrights, trademark rights, or rights of privacy and publicity; (ii) contain disparaging or defamatory statements; (iii) include threats to any person, place, business, or group; (iv) be obscene, offensive, or indecent; (v) depict any risky behavior; (vi) contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; or (vii) contain unauthorized third-party trademarks or logos.
4. Identity of Entrant: All Submissions must be submitted by the individual entrant. Bulk or automated Submissions will be disqualified (including entries made using any script, macro, bot, or promotional service). Multiple participants are not permitted to share the same e-mail or social media account for entry. Any attempt to obtain additional entries through fraud or other illegitimate means will result in disqualification, at Sponsor’s discretion.
If there is a dispute about the identity of the entrant, Submissions will be declared made by the authorized account holder of the e-mail address or social media account submitted or associated with the Submission. An “authorized account holder” means (i) the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address; or (ii) if no e-mail address is associated with the Submission, the natural person assigned to the primary e-mail address designated on the social media account submitted or associated with the Submission. A potential winner may be required to provide Sponsor with proof that a potential winner is the authorized account holder of the account associated with the winning Submission.
5. Selection and Notification of Winner: On or about November 27, 2023, a panel of judges selected at Sponsor’s discretion will score each Submission based on the following criteria (“Judging Criteria”):
a. Quality of Entry (30%): How well did entrant communicate about the business.
b. Impact of Business (30%): The level of impact the Eligible Business has on its community and industry
c. Alignment with AirDoctor brand (40%): The alignment of the Eligible Business with AirDoctor’s brand and values.
The top three scoring Submissions will be deemed the potential winners. In the unlikely event of a tie, the winner will be determined by the Submission’s score in the following criteria: date of submission would be a determining factor, earlier post gets the win. Odds of winning a prize depend on number and quality of eligible entries received.
Sponsor will notify each potential winner on or about December 2, 2023. To claim a prize, the potential winner must follow the instructions contained in the notification. To the fullest extent permitted by applicable law, Sponsor may require each potential winner to sign and return, within seven days of being notified by Sponsor, an affidavit of eligibility, liability and publicity release, and other legal, regulatory or tax-related documents required at Sponsor’s discretion (“Affidavit and Related Documents”) in order to claim a prize. If (i) the attempted notification is returned as undeliverable without a forwarding address; (ii) the Affidavit and Related Documents are not signed and returned within seven days of the date the notification e-mail is sent by Sponsor; or (iii) if potential winner is otherwise unable to accept the prize as stated, the prize will be forfeited and will be awarded to an alternate winner in accordance with the Judging Criteria. Only three alternate winners will be selected for each prize, after which the remaining prize will not be awarded. If, by reason of a print or other error, more prizes are claimed than the number specified in these Official Rules, the prize(s) will be awarded to the person with the highest scoring Submission in accordance with the above selection process from among all valid claimants to award the prize(s) available.
Verification of Potential Winner: EACH POTENTIAL WINNER IS SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CONTEST. AN ENTRANT IS NOT A PRIZE WINNER UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE AND NO FURTHER ACTION IS NEEDED.
6. Prize: Three winners will each receive one of the following AirDoctor commercial air purifiers of their choice: model AD3000M or model AD4000H Approximate Retail Value (“ARV”) of each prize: maximum $899 per prize.
Prize Restrictions: Prizes are not transferable. No substitutions or exchanges of any prize (including for cash) will bevpermitted, except that Sponsor reserves the right to substitute a prize of comparable or greater value for any prize.vOnly the number of prizes stated in these Official Rules are available to be won in the Contest. LIMIT ONE PRIZEvPER PERSON. Sponsor will not replace any lost or stolen prizes or prize components. Except for applicable manufacturer’s standard warranties, the prizes are awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND,vexpress or implied (including any implied warranty of merchantability or fitness for a particular purpose). Any unclaimed or unused prize (or portion of the prize package) will remain the property of Sponsor.
ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNER.
7. Disclaimer: Sponsor and any of their respective parent companies, subsidiaries, affiliates, professional advisors, consultants, contractors, legal counsel, public relations firms, advertising, fulfillment and marketing agencies, and any of their respective directors, officers, members, managers, and employees (collectively, the “Released Parties”) will not be responsible for: (a) any late, lost, misrouted, garbled or distorted or damaged transmissions or entries; (b) phone, electronic, hardware, software, network, Internet, or other computer or communications-related malfunctions or failures; (c) any Contest disruptions, injuries, losses or damages caused by events beyond the reasonable control of Sponsor or the Released Parties; or (d) any printing or typographical errors in any materials associated with the Contest.
8. General Release and Limitation of Liability: By entering the Contest, you agree to release Sponsor and all Released Parties from any liability whatsoever and waive any and all causes of action, whether under a theory of contract, tort (including negligence), warranty or other theory, arising out of or in connection with the Contest or delivery, misdelivery, acceptance, possession, use of or inability to use any prize (including claims for costs, losses, personal injuries, death, or damages of any kind, such as damage to or destruction of property or damages related to rights of publicity or privacy, moral rights, defamation or portrayal in a false light, whether intentional or unintentional).
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE SPONSOR OR THE RELEASED PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR PARTICIPATION IN THE CONTEST OR USE OR INABILITY TO USE ANY EQUIPMENT PROVIDED FOR USE IN THE CONTEST OR ANY PRIZE, EVEN IF A RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE RELEASED PARTIES (JOINTLY) ARISING OUT OF OR RELATING TO YOUR PARTICIPATION IN THE CONTEST OR USE OF OR INABILITY TO USE ANY EQUIPMENT PROVIDED FOR USE IN THE CONTEST OR ANY PRIZE EXCEED $10. THE LIMITATIONS IN THIS SECTION WILL NOT EXCLUDE OR LIMIT LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY PRODUCTS PURCHASED FROM THE SPONSOR, OR FOR THE RELEASED PARTIES’ GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT, OR FOR FRAUD.
9. Use of Name, Likeness, etc.: To the fullest extent permitted by applicable law, entry into the Contest constitutes permission to use your name, hometown, biographical data, aural and visual likeness and prize information for advertising, marketing, and promotional purposes without further permission or compensation (including in a public-facing winner list). As a condition of being awarded any prize, except where prohibited by law, winner may be required to execute a written consent, confirming Sponsor’s right to use winner’s name, hometown, biographical data, aural and visual likeness and prize information for advertising, marketing, and promotional purposes without further permission or compensation. By entering this Contest, you consent to being contacted by Sponsor for any purpose in connection with this Contest.
10. License to Submission: By entering the Contest and providing your Submission in connection with the Contest, you hereby grant to Sponsor a perpetual, irrevocable, royalty-free, worldwide, nonexclusive license to publish, reproduce, display, perform, distribute, adapt, edit, modify, translate, create derivative works based upon, and otherwise use and sublicense your Submission, or any portion thereof (including your name and likeness as shown and conveyed in the Submission), in connection with the Contest and for other advertising, marketing, and promotional purposes, and to incorporate Submissions, in whole or in part, into other works in any manner, form, media or technology now known or later developed. Sponsor will have no obligation to publish or use or retain any Submission you submit or to return any such Submission to you. You agree that it is your sole responsibility to obtain all permissions and releases necessary for the grant of the rights contained in this paragraph. You agree to take, at Sponsor’s expense, any further action (including execution of affidavits, tax forms, and other documents) reasonably requested by Sponsor to effect, perfect or confirm Sponsor’s rights as stated in this paragraph. You will not be entitled to compensation for any use by Sponsor, or its agents, licensees or assignees, of your Submission.
12. Winner List; Rules Request: For a copy of the winner list, send a stamped, self-addressed, business-size envelope for arrival after November 25, 2023 and before November 25, 2024 to the address listed in Section 16 below, Attn: NOMINATE MY SMALL BUSINESS Contest. To obtain a copy of these Official Rules, visit www.airdoctorpro.com/dirtyfilter or send a stamped, self-addressed business-size envelope to the address listed in Section 16 below, Attn: NOMIATE MY SMALL BUSINESS Contest. VT residents may omit return postage.
13. Intellectual Property: AIRDOCTOR is a trademark of AirDoctor, LLC. The Contest and all accompanying materials are copyright © 2023 by AirDoctor, LLC. All rights reserved.
14. Disputes: YOU AGREE THAT ANY DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS CONTEST OR ANY PRIZE AWARDED WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND EXCLUSIVELY BY THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA OR THE APPROPRIATE STATE COURT LOCATED IN LOS ANGELES, CALIFORNIA. THESE OFFICIAL RULES ARE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO CHOICE OF LAW OR CONFLICT OF LAWS RULES. YOU WAIVE ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THESE COURTS AND HEREBY SUBMIT TO THE JURISDICTION OF THOSE COURTS.
15. General Conditions: By participating in the Contest, you agree to be bound by these Official Rules and by the decisions of Sponsor, which are final and binding in all respects. Sponsor reserves the right to change these Official Rules at any time, in its discretion, and to modify, suspend or cancel the Contest or any entrant’s participation in the Contest should viruses, bugs, unauthorized human intervention, pandemics, public disruptions, or other causes beyond Sponsor’s reasonable control affect the administration, security or proper play of the Contest, or Sponsor otherwise becomes (in its discretion) incapable of running the Contest as planned. Entrants who violate these Official Rules, violate any law, rule, or regulation in connection with participation in the Contest, tamper with the operation of the Contest or engage in any conduct that is detrimental or unfair to Sponsor, the Contest, or any other entrant (as determined in Sponsor’s discretion) are subject to disqualification from the Contest. Sponsor reserves the right to lock out persons whose eligibility is in question or who have been disqualified or are otherwise ineligible to enter the Contest. Sponsor reserves the right to disqualify any entries received that contain inappropriate or offensive content. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Any provision of these Official Rules deemed unenforceable will be enforced to the extent permissible, and the remainder of these Official Rules will remain in effect. The use of the terms “include” or “including” in these Official Rules is illustrative and not limiting.
16. Sponsor: AirDoctor LLC, PO Box 9169, Van Nuys, CA 91409.