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OFFICIAL OFFER OF REIMBURSEMENT OF PURCHASED AIR CONDITIONER.
Any individual who enters, attempts to enter or in any way participates or attempts to participate in the reimbursement event (“OFFER”) conducted by Total Comfort Solutions, LLC, a California limited liability company (“Total Comfort”), (each such individual is hereinafter referred to as a “Participant”) agrees to be bound by the terms and conditions provided in these Official General Rules of Offer (“General Rules”), as well as by Total Comfort’s interpretations of these General Rules which are final and binding in all matters relating to the OFFER.
The OFFER is the unconditional statement of fact made by Total Comfort that regardless of how many Participants accept the OFFER or participate in the OFFER, Total Comfort shall reimburse all amounts paid by the Participant, or pay on behalf of Participant all amounts contracted to be paid, by the Participant in purchasing a new air conditioning system during the Entry Period as defined below in the event the temperature as measured at Dagget Airport on February 29th reaches or goes below 29 degrees Fahrenheit. The payment by Total Comfort shall be a reimbursement, or payment on behalf of Participant in the case of a financed purchase contract or final cash purchase contract prior to installation, of any and all amounts associated with the purchase and installation of the new air conditioning system with the exclusion of sales tax. Under no circumstance shall Participant be reimbursed the sales tax collected on the purchase of a new air conditioning system.
PARTICIPATION. Participants accept the OFFER by purchasing a new air conditioning system during the Entry Period. The OFFER is unconditional and is a statement of fact, and not a rebate conditioned on a subsequent event, that Total Comfort shall reimburse all Participants that accept the OFFER if the temperature at Dagget Airport on February 29, 2024 reaches or falls below 29 degrees Fahrenheit. Participants agree that no reimbursement shall be made by Total Comfort unless the condition of the temperature meeting the required specifications is met. Participants shall notify Total Comfort prior to acceptance of his or her intention to accept the OFFER and shall formalize that acceptance by having the purchase contract marked with a code indicating that acceptance. The purchase of an air conditioning system during the entry period without notifying Total Comfort of Participant’s acceptance shall not constitute acceptance of the OFFER and shall not constitute a binding contract or duty for Total Comfort to perform.
NOT AN ADVERTISMENT, INDUCEMENT, SWEEPSTAKES, CONTEST, OR LOTTERY. Under no circumstance or manner shall the OFFER be deemed to be a contest, sweepstakes, or conditional event. The OFFER is an unconditional statement of fact by Total Comfort and therefore is not subject to Cal. Civ. Code §1770. The OFFER is specifically not undertaken by Total Comfort with the intent to induce any Participant to enter into a transaction or result in the sale or lease of goods or services to any consumer. Under no circumstance is this OFFER to be considered a sweepstakes or lottery under any federal or state law. For the avoidance of doubt, Total Comfort intends the OFFER as a statement of fact irrespective of the sale of any air conditioning system and the OFFER shall not constitute a rebate, discount, or other economic benefit contingent on an event to occur subsequent to the consummation of a transaction.
Participation in the OFFER is void where prohibited or otherwise restricted by law and to the extent the OFFER is deemed to be a violation of any state or federal law than it shall immediately be rescinded. The OFFER is being made as a statement of fact and any subsequent action by a Participant is not intended by the OFFER and to the extent a Participant acts relying on the OFFER such act is not contemplated by Total Comfort and his hereby expressly disclaimed.
The decision of Total Comfort to cancel, terminate, modify, or suspend the OFFER shall be final in all respects.
CONTEST DESCRIPTIONS. All Total Comfort descriptions or iterations of the OFFER, be it written or spoken, shall be subject to the General Rules regardless if described through electronic, print or on-air advertising or promotion. All communications in this regard are thus expressly governed by these General Rules.
Geographical, Age and Parental Consent Requirements: Unless otherwise specified, the OFFER is open to legal residents of the state of California, who are at least 18 years of age or older at time of entry. If a Participant has not reached the age of majority in the jurisdiction in which the Participant resides, they must obtain permission from their parent or legal guardian prior to becoming eligible for the OFFER.
Total Comfort Entity and Immediate Family Member Disqualification: The officers, directors, employees, contractors, and agents of Total Comfort and any entity involved in the sponsorship, development, production, implementation and distribution of the OFFER as well as their respective parents, affiliates, divisions, subsidiaries and successor companies (the “OFFER Entities”), and their immediate family members (and those living in the same household, whether or not related), are prohibited from accepting the OFFER and do not qualify as Participants. “Immediate family members” shall include spouses, siblings, parents, children, grandparents, and grandchildren, whether as “in-laws”, or by current or past marriage, remarriage, adoption, co-habitation or other familial extension.
ENTRY PERIOD. Participants may accept the OFFER as an unconditional statement of fact by purchasing a new air conditioning system from Total Comfort by and between the dates of _____ and ________ (the “Entry Period”).
PURCHASE OF AIR CONDITIONING SYSTEM DEFINED. Actual installation of the new air conditioning system is not required. To constitute a purchase, the Participant shall contract for a brand-new air conditioner with Total Comfort and pay the required contractual costs to Total Comfort, in the case of a cash purchase, or contract for financing with Total Comfort named as the payee of the financed balance.
DISCLAIMER OF RESPONSIBILITY FOR ENTRIES. Total Comfort is not responsible for problems with OFFER participation, including but not limited to, purchase contracts which are lost, late, misdirected, damaged, incomplete, illegible, or are not properly marked with the acceptance code. In order for a Participant to accept the OFFER and qualify for a reimbursement of the cost of a new air conditioning system and installation, Participant must notify Total Comfort prior to contracting and must ensure that the contract is denoted as a qualifying contract with a code evidencing acceptance of the OFFER. Even if the problem causing a purchase contract to not be eligible for the OFFER is the result of the sole or partial negligence of Total Comfort, Participant agrees that Total Comfort shall bear no responsibility for the Participant not being eligible to accept the OFFER.
MULTIPLE ACCEPTANCES. Unless otherwise limited by Total Comfort, multiple acceptances are permitted.
RELEASE OF LIABILITY AND INDEMNIFICATION. As consideration for right to accept the OFFER and as a condition for performance on behalf of Total Comfort to perform and discharge its responsibilities contemplated by the OFFER, all Participants agree to RELEASE, DISCHARGE AND COVENANT NOT TO SUE Total Comfort and its respective direct and indirect affiliates, divisions, parent and subsidiary companies, officers, employees, shareholders, representatives, managers, members, directors, owners, agents, insurers, attorneys, predecessors, successors, and assigns thereof (collectively, the “Released Parties”), from and against all claims, damages, charges, injuries, losses, proceedings, suits, actions (including but not limited to tort actions, product liability actions, wrongful death actions, warranty actions, breach of contract actions, privacy and defamation actions, misappropriation of likeness actions, identity theft, loss of consortium claims), expenses and attorney fees that they or anyone on their behalf (including but not limited to their heirs, representatives or next of kin) have or might have for any death, injury, damage or claimed injury or damage arising out of, involving or relating to their participation in the OFFER, including, but not limited to, any claim that the act or omission complained of was caused in whole or in part by the strict liability or negligence in any form of the Released Parties. Additionally, as consideration for accepting the OFFER, all Participants agree to INDEMNIFY, HOLD HARMLESS, AND DEFEND the Released Parties in any action or proceeding from and against all claims, damages, charges, injuries, losses, proceedings, suits, actions (including but not limited to tort actions, product liability actions, wrongful death actions, warranty actions, breach of contract actions, privacy and defamation actions, misappropriation of likeness actions, identity theft, loss of consortium claims), expenses and attorney fees that they or anyone on their behalf (including but not limited to their heirs, representatives or next of kin) have or might have for any death, injury, damage or claimed injury or damage arising out of, involving or relating to their participation in the OFFER or for their failure to comply with the terms of the above release provision. This agreement to indemnify, hold harmless and defend applies even if the act or omission complained of was allegedly caused in whole or in part by the strict liability or negligence in any form of the Released Parties. Furthermore, Participant expressly waives and relinquishes all rights and benefits afforded by Section 1542 of the Civil Code of the State of California and does so understanding and acknowledging the significance and consequence of such specific waiver of Section 1542. Section 1542 of the Civil Code of the State of California states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Thus, notwithstanding the provisions of Section 1542, and for the purpose of implementing a full and complete release and discharge of the Released Parties, Participant expressly acknowledges that this release is intended to include, in its effect, without limitation, all claims which Participant does not know or suspect to exist in Participant’s favor at the time of execution hereof, and that this release contemplates the extinguishment of any such claim or claims. Participant acknowledges and agrees that this general release is specifically intended to be as broad and comprehensive as permitted by California law.
ODDS OF REIMBURSEMENT FOR PURCHASES. The odds of the OFFER resulting in any Participant receiving reimbursement for a new air conditioner and its installation purchased during the Entry Period is unknown to Total Comfort. Every Participant shall be reimbursed for their purchase of a new air conditioner and the labor charged to install such air conditioner if the temperature at Dagget Airport falls below 29 degrees Fahrenheit on February 29, 2024. There shall be no “winner” or “sweepstakes” associated with the OFFER. The OFFER is a statement of fact that Total Comfort shall reimburse the cost of any new air conditioner purchased and the labor of installation paid by a Participant without any subsequent event or limitation if the temperature falls below 29 degrees Fahrenheit on February 29, 2024, as registered by the weather station at Dagget Airport. No transfer, assignment or substitution of the OFFER is permitted. Any difference between the actual value and the approximate retail value of any reimbursement will not be awarded and any reimbursement shall be governed by the purchase agreement of each individual Participant. No substitution or cash equivalent will be made.
Any person winning over $600 in prizes during any one-year period will receive an IRS Form 1099 at the end of the calendar year, and a copy of such form will be filed with the IRS.
ALL PARTICIPANTS ARE DEEMED TO HAVE ACCEPTED THE OFFER. In the event the temperature at Dagget Airport reaches 29 degrees Fahrenheit or below on February 29, 2024, all Participants who accepted the OFFER by purchasing a new air conditioning system, as defined herein, shall be reimbursed the cost of the system and the cost of installation (Sales tax on all materials will not be reimbursed). There shall be no contest, lottery or sweepstakes associated with the OFFER and there shall be no criteria or subsequent event required.
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