Sears – Hvac Giveaway – Win of a $5000 credit on the winner’s purchase contract at time of purchase applicable only toward the purchase of an HVAC with Sears
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A
PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.
Void in Alaska, Puerto Rico, where prohibited by law and outside the United States.
Subject to all federal, state and local laws, regulations, and ordinances. Giveaway
begins on February 1, 2022 at 12:00 p.m. Eastern Time (“ET”) and ends on February
14, 2022 at 11:59 p.m. ET (the “Giveaway Period”). Sponsor’s computer is the official
time keeping device for this Giveaway. This Giveaway is in no way sponsored,
endorsed or administered by, or associated with Facebook.
1. Eligibility: The Sears HVAC Giveaway (the “Giveaway”) is open to legal US
residents currently residing in the 50 United States and the District of Columbia
(excluding Alaska) who are the age of majority or older as of the date of entry (18+ in
most states; 19+ in AL and NE; 21+ in MS). Employees, officers, and directors of
Transform SR Holding Management LLC (“Sponsor”) or any of its parents, affiliates,
subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public
relations, promotional, fulfillment, and marketing agencies, website providers, web
masters (collectively, the “Giveaway Entities”), and members of their immediate families
(spouses, parents, siblings and children, regardless of where they live) and those living
in the same household are not eligible to enter or win. Participation constitutes entrant’s
full and unconditional agreement to these Official Rules and to Sponsor’s decisions,
which are final and binding in all matters related to the Giveaway. Winning a prize is
contingent upon fulfilling all requirements set forth herein. All entrants must have access
to the Internet prior to the start of the Giveaway. Sponsor reserves the right to verify the
eligibility of winners.
2. Sponsor: Transform SR Holding Management LLC, 3333 Beverly Road,
Hoffman Estates, IL 60179.
3. How to Enter: During the Giveaway Period, Sponsor will publish a dedicated
Facebook advertisement for the Giveaway (the “Giveaway Ad”). If you see the
Giveaway ad, click on it and complete the entry form by providing your first and last
name, email address, mailing address, and phone number. Upon submitting the
registration form, you will receive one (1) Giveaway entry. If you do not have a
Facebook account, you can get one for free at www.facebook.com. Not all Facebook
users will see the Giveaway Ad.
Limit one (1) entry per person and per email address. You must provide all required
information to be eligible to enter and win. All potential winners are subject to
verification before any prize will be awarded. If you are selected as a potential winner,
Sponsor reserves the right to request proof of the information you provide in the Survey
as part of the winner verification process.
Sponsor and Sponsor’s agents, affiliates, subsidiaries, representatives or service
providers may use entrants’ and/or referrals’ personal information submitted with entry
for purposes of prize fulfillment and/or for future marketing by Sponsor, such as to notify
them of a product or Giveaway that Sponsor thinks may be of interest.
Bulk, automated and/or third party entries are prohibited and will be disqualified.
Multiple participants are not permitted to share the same email address. Any attempt by
any participant to obtain more than the stated number of entries by using multiple and/or
different identities, forms, registrations, email addresses, logins, or any other methods
will void that participant’s entries, and that participant may be disqualified at Sponsor’s
discretion. In the event of a dispute as to any entry, the authorized account holder of the
email address used to enter the Giveaway will be deemed to be the entrant. The
“authorized account holder” is the natural person assigned an email address by an
Internet access provider, online service provider or other organization responsible for
assigning email addresses for the domain associated with the submitted address.
Potential winners may be required to show proof of being the authorized account holder
to the Sponsor or forfeit the prize. Entries that are incomplete, illegible, corrupted, false,
lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules
may be disqualified from the Giveaway at Sponsor’s sole and absolute discretion. All
potential winners are subject to verification before any prize will be awarded. Normal
Internet access, phone, and usage charges imposed by your online or phone service
4. Selection of winner: On or about February 20, 2022, Sponsor will select the
name of the potential winner of the prize in a random drawing from among all eligible
entries received. The odds of winning are based on the number of eligible entries
received. The potential winner will be notified by email on or about February 28, 2022.
Except where legally prohibited, each potential winner must sign and return, within
seven (7) days of being notified, a Declaration of Eligibility, Liability & Publicity Release
(the “Declaration”) in order to claim his/her prize. If a potential winner cannot be
contacted in person via email, telephone, and/or registered mail after the first attempt to
contact him/her, or if he/she fails to sign and return the Declaration or other required
document within the required time period (if applicable), or in the event that a potential
winner is disqualified for any reason, Sponsor will award the applicable prize to an
alternate winner selected by a random drawing from among all remaining eligible
entries. Only three (3) alternate drawings will be held, after which any remaining prizes
will remain un-awarded.
Verification of Potential Winners: ALL POTENTIAL WINNERS ARE SUBJECT TO
VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN
ALL MATTERS RELATED TO THE GIVEAWAY. AN ENTRANT IS NOT A WINNER OF
ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED
AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
5. Prize: One (1) prize will be awarded, consisting of a $5,000 credit on the
winner’s purchase contract at time of purchase applicable only toward the purchase of
an HVAC with Sears. Approximate retail value (“ARV”) of prize: five thousand dollars
and zero cents ($5,000.00). Total ARV of all prizes to be awarded: $5,000.00.
NOTE: Prize credit must be used within sixty (60) days of when Sponsor notifies
entrant that winner verification is complete. HVAC pricing may vary by location and
may exceed $5,000. If winner elects to purchase an HVAC greater than $5,000,
Sponsor reserves the right in its sole discretion to conduct a credit check on the winner
and winner will be responsible for the difference between the total purchase price and
the prize credit amount.
Prize Restrictions: Any and all applicable federal, state, and local taxes and all fees and
expenses related to acceptance and use of prizes not specifically stated herein are the
sole responsibility of the individual prize winner. Prize cannot be substituted, assigned,
transferred, or redeemed for cash; however, Sponsor reserves the right to make
equivalent prize substitutions at its sole discretion. Sponsor will not replace any lost or
stolen prizes. Prizes cannot be used in conjunction with any other Giveaway or offer.
6. General Conditions: Sponsor reserves the right to cancel, suspend and/or
modify the Giveaway, or any part of it, if any fraud, technical failures or any other factor
beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the
Giveaway, as determined by Sponsor in its sole discretion. Sponsor and its agencies
are not responsible for lost, late, incomplete, damaged, stolen, misdirected, or illegible
entries; lost, interrupted, or unavailable network, server, or other connections, garbled
transmissions or miscommunications, telephone transmission problems; computer or
software malfunctions or damage to a user’s computer equipment (software or
hardware); technical failures; or other errors or malfunctions of any kind whether
human, mechanical, electronic, or otherwise. Proof of sending or submission of entry
will not be deemed proof of receipt by Sponsor. Sponsor’s failure to enforce any term of
these Official Rules shall not constitute a waiver of that provision.
7. WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL
TO DELIBERATELY DAMAGE ANY WEB SITE ASSOCIATED WITH THIS GIVEAWAY
OR UNDERMINE THE LEGITIMATE OPERATION OF THE GIVEAWAY MAY BE A
VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE
MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES
FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be
attempting to tamper with or undermine the entry process, any website associated with
the Giveaway, and/or the legitimate operation of the Giveaway; to violate the Official
Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy,
abuse, threaten, or harass any other person. If, for any reason, the Giveaway is not
capable of running as planned, Sponsor may, in its sole discretion, void any suspect
entries and (a) modify the Giveaway or suspend the Giveaway to address the
impairment and then resume the Giveaway in a manner that best conforms to the spirit
of these Official Rules; or (b) award the prize at random from among the eligible,
non-suspect entries received up to the time of the impairment.
8. PUBLICITY; LIMITATIONS OF LIABILITY AND RELEASES:
By participating in this Giveaway, entrants agree that Sponsor and its affiliates,
subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public
relations, promotional, fulfillment and marketing agencies, website providers, web
masters, and their respective officers, directors, employees, representatives and agents
(the “Released Parties”) are not responsible for: (1) any incorrect or inaccurate
information, whether caused by entrants, printing errors or by any of the equipment or
programming associated with or utilized in the Giveaway; (2) technical failures of any
kind, including, but not limited to malfunctions, interruptions, or disconnections in phone
lines or network hardware or software; (3) unauthorized human intervention in any part
of the entry process or the Giveaway; (4) technical or human error which may occur in
the administration of the Giveaway or the processing of entries; or (5) any injury or
damage to persons or property which may be caused, directly or indirectly, in whole or
in part, from entrant’s participation in the Giveaway or receipt or use or misuse of any
prize. No more than the stated number of prizes will be awarded. In event that
production, technical, seeding, programming or any other reasons cause more than
stated number of prizes as set forth in these Official Rules to be available and/or
claimed Sponsor reserves the right to award only the stated number of prizes by a
random drawing among all legitimate, un-awarded, eligible prize claims.
BY PARTICIPATING IN THIS GIVEAWAY, ENTRANTS AGREE THAT THE RELEASED
PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD
HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES
OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR
DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR
INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE
PRIZE, ENTRY, OR PARTICIPATION IN THIS GIVEAWAY OR IN ANY GIVEAWAY
RELATED ACTIVITY, INCLUDING ACCESS TO AND USE OF THE INTERNET SITE
https://www.searshomeimprovement.com/hvac-sweepstakes-02-22 FROM AND/OR
PRINTING MATERIAL DOWNLOADED FROM SAID SITE, OR ANY CLAIMS BASED
ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR
MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF
ANY PRIZE CANNOT BE AWARDED DUE TO TRAVEL CANCELLATIONS, DELAYS,
OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL
DISASTERS, ACTUAL OR THREATENED PUBLIC HEALTH CRISES (INCLUDING,
WITHOUT LIMITATION, EPIDEMICS AND PANDEMICS AND GOVERNMENT
DIRECTIVES RELATED THERETO), WEATHER, OR TERRORISM.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS
GIVEAWAY, INCLUDING THE WEBSITE AND ALL PRIZES, ARE 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, OR NON-INFRINGEMENT. SOME
JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF
IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS
MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR
LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
Publicity Release. EXCEPT WHERE PROHIBITED BY LAW, WINNERS GRANT TO
SPONSOR (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF
SPONSOR), ITS SUBSIDIARIES, AFFILIATES, RETAILERS, DISTRIBUTORS,
ADVERTISING AND GIVEAWAY AGENCIES, SUPPLIERS, AND THOSE ACTING
PURSUANT TO ITS AUTHORITY, THE RIGHT AND PERMISSION TO PRINT,
PUBLISH, BROADCAST, AND USE, WORLDWIDE IN ANY MEDIA NOW KNOWN OR
HEREAFTER DEVELOPED, INCLUDING, BUT NOT LIMITED TO, THE WORLD WIDE
WEB, AT ANY TIME OR TIMES, EACH WINNER’S NAME, PORTRAIT, PICTURE,
VOICE, LIKENESS, AND BIOGRAPHICAL INFORMATION FOR ADVERTISING,
TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF
HIS OR HER NAME ON TELEVISION OR RADIO BROADCAST) WITHOUT
ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR
9. Disputes. Except where prohibited, entrant agrees that: (1) any and all disputes,
claims and causes of action arising out of or connected with this Giveaway or any prize
awarded shall be resolved individually, without resort to any form of class action, and
exclusively by the United States District Court for the Northern District of Illinois or the
appropriate State Court located in Cook County, Illinois; (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, indirect, 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 the entrant and Sponsor in connection
with the Giveaway, shall be governed by, and construed in accordance with, the laws of
the State of Illinois, without giving effect to any choice of law or conflict of law rules
(whether of the State of Illinois or any other jurisdiction), which would cause the
application of the laws of any jurisdiction other than the State of Illinois.
10. Privacy: Any personal information sent to, shared with or collected by Sponsor in
https://www.searshomeservices.com/privacy. Sponsor and Sponsor’s agents, affiliates,
subsidiaries, representatives or service providers may use entrants’ and/or referrals’
personal information submitted with entry for purposes of prize fulfillment and/or for
future marketing by Sponsor, such as to notify them of a product or Giveaway that
Sponsor thinks may be of interest.
11. Official Rules and Winners List: To view the Official Rules visit
(https://www.searshomeimprovement.com/hvac-sweepstakes-02-22) by 2/28/2022. To
view the winner’s name, available after 3/01/2022, visit
(https://www.searshomeimprovement.com/hvac-sweepstakes-02-22) by 4/15/2022.
Copyright ©2022 Transform SR Holding Management LLC. Sears® is a registered
trademark of Sponsor. All rights reserved.