Thursday, April 19, 2007

Official Rules

Spring Air Comfort Connection Awards Contest Official Rules
NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.

CONTEST DESCRIPTION: Spring Air Comfort Connection Awards (“Contest”) is a skill Contest in which an entrant(“Entrant”) who is 18 years of age or older submits a brief essay (200 words or less) nominating a person (the “Nominee”) who you think has shown generosity and graciousness in order to bring someone comfort.

ELIGIBILITY: Entrants and Nominees must be 18 years of age or older at time of entry, and must be legal residents of the 50 United States or the District of Columbia. This Contest is void where prohibited or restricted by law. Employees, officers and directors of The Spring Air Company (“Sponsor”) and each of its respective parents, affiliates, subsidiaries, advertising and promotional agencies and retailers, franchisees, manufacturers, licensees and members of their immediate families (spouse, children, siblings, parents), and persons living in the same household (whether or not related) are ineligible. By participating, Entrant agrees to these Official Rules, the decisions of the voting public, and the decisions of the Sponsor and/or its independent judges, which are final and binding in all respects.

TO ENTER: There are two ways to enter:
1.
Between 12:01 a.m. Central Time (“CT”) on April 16, 2007 and 11:59 p.m. CT on October 16, 2007 (“Entry Period”) go to www.springair.com (the “Web site”) click on the icon, banner or text link to access the Contest registration page, then follow the directions to enter the Contest. When online, you will need to enter your full name, address, city, state, zip code, daytime phone number, e-mail address and age. All entries must be received and recorded by Sponsor’s computer (the official Contest time keeping device) by 11:59 PM CT on October 16, 2007. Limit one entry per person/e-mail address. Robotic, programmed, script, macro or other automated entries or entries using third-party web site or software are void. Any attempt to enter the Contest more than one time by using multiple/different email addresses, identities, or any other prohibited methods will void that Entrant from participating in the Contest. Each Entrant must complete the entire Official Entry Form; including the original essay using two-hundred (200) words or less to describe why they are nominating a person they think has shown generosity and graciousness in order to bring someone comfort.

2. Type or neatly hand-print your essay as described above on 8 ½” x 11” sized paper. At the top of the sheet type or neatly hand print your complete name, home address, telephone number and date of birth. If more than one sheet of paper is necessary that information must appear on all sheets, and each sheet must be numbered. Mail all items to: The Spring Air Company/Comfort Connection Awards, 1111 Nicholas Blvd, Elk Grove, IL 60007. Mail-in entries must be post marked by October 17, 2007 and received by October 24, 2007 to be eligible.

Once an essay is submitted, it cannot be changed, altered, or modified. Correspondence and inquiries concerning the Contest will not be accepted, acknowledged, or returned. Additional materials mailed to Sponsor (such as photos, videos etc.) will not be included in the judging process, nor will they affect, in any way, the outcome of the Contest. Entries will become the property of Sponsor, and will not be acknowledged or returned. All entries must be legibly hand-written or typed, or they will not be considered in the Contest. Essays that exceed the word limit will be disqualified from the Contest. Essays (a) must be the original and sole creation of the Entrant, and all rights, title and interest in the essay must be owned solely by the Entrant, (b) may not have been submitted in any other competition, (c) may not have been published; and (d) must not infringe upon any third party's rights, including, but not limited to, copyright, patent or trademarks/tradenames/logos, or rights of privacy or publicity. Each Entrant warrants and represents that his/her essay complies with all of the preceding conditions. Entries must be submitted by the Entrant who is entering to win the Contest. Any entry, in the sole opinion of the judges and/or Sponsor, found to contain dangerous, harmful or objectionable content, or is deemed to be inappropriate for publication, will be deemed ineligible. Winners will be selected based solely on essay content. Limit one entry per person/email address by either entry method. Sponsor may from time to time during the Contest pick out selected entries to be featured on Sponsor’s Web site – in such case the essay will be posted anonymously (with both the Entrant’s and Nominee’s personal information remaining unpublished) or using pseudonyms. Selection of an essay does not imply or guarantee that such essay will be deemed a Regional Finalist. In the event of a dispute, all email entries will be deemed to have been submitted by the owner of the email account from which they were sent. For these purposes, an email account holder shall mean the natural person assigned to such email account by the Internet access provider, online service provider or other organization responsible for the assigning email addresses for the domain associated with such email account. No forms of entry other than as stated in these Official Rules will be accepted.

JUDGING: Beginning October 18, 2007, Seventeen Regional Finalists will be selected from the pool of eligible entries received during the Entry Period from qualified Entrants by independent judges, whose decisions are final and binding on all judging matters related to this Contest. Judging will be based on the following criteria: (1) Creativity of Essay (35%), (2) Sincerity of Content (35%), (3) generosity of the nominee (30%). The Entrant whose essay receives the highest combined cumulative score for all three criteria in each applicable region will be declared one of the seventeen Regional Finalists. Starting at 12:01 CT on November 17, 2007 through 11:59 p.m. CT on January 22, 2008 (the “Voting Period”), the Seventeen Regional Finalists’ entries will be posted on www.springair.com for public voting. The one Finalist with the highest cumulative number of votes received through the Web site during the Voting Period (as recorded by Sponsor’s web servers - the official vote recording device) will be the Grand Prize Winner. In the event of a tie, the Entrant whose essay has the highest score in the Creativity of Essay criterion from judging will be declared the winner. If a tie continues, the essay with the highest score in the Sincerity criterion will be declared the winner. If a tie continues, the tied entries will be re-judged by a new, independent judge, who will use the same judging criteria as stated herein. The Grand Prize Winner will be determined on or about January 25, 2008 and the Sponsor will attempt to notify the Entrant and Nominee Grand Prize Winners by phone, email and/or mail or courier delivery.

CLAIMING PRIZE/RELEASE: Grand and Finalist Prize Winners and their Nominees must complete, sign and return, within ten days of the date of notification, an Affidavit of Eligibility and Liability Release and a Publicity Release where lawful. If the Releases are not timely returned or if any prize notification or any prize is returned as undeliverable, or if any Prize Winner is found to be ineligible or declines the prize or otherwise is not in compliance with these Official Rules, such prize may be forfeited, and the prize will be awarded to an alternate winner based on the judging criteria outlined herein. If either an Entrant or Nominee is considered a minor in their jurisdiction of residence the parent or legal guardian must sign on behalf of the minor winner. Sponsor reserves the right to substitute in an essay a pseudonym for any Nominee who does not sign or return any applicable affifdavit or publicity release. Sponsor reserves the right to verify eligibility qualifications of any winner.

PRIZES: Entrant Grand Prize: The Entrant winning the Grand Prize will be awarded a Spring Air Back Supporter Comfort Challenge Mattress (MSRP $1199) and a $1,000 Amex® Gift Card. Nominee Grand Prize: The Nominee that is the subject of the Grand Prize essay will receive a Spring Air Back Supporter Comfort Challenge Mattress (MSRP $1199), a $500 Amex® Gift Card, and a Weekend Get-away trip for two to California (approximate retail value $3,000). Trip package includes one double occupancy hotel room for two nights at a hotel chosen by Nominee from a list of eligible Ritz-Carlton® hotels selected by Sponsor and two round trip coach airline tickets (from the nearest major airport to the winner’s home as selected by Sponsor). Specific travel dates and arrangements are subject to availability and black out periods. All travel must be completed by February 1, 2009. Meals, transportation, gratuities and all other expenses not specified herein are the winner’s responsibility. Nominee Grand Prize Winner and their guest must travel on the same itinerary. If such guest is a minor, he or she must be accompanied on the trip by his or her parent or legal guardian. Sixteen Finalist Entrants Prize: The sixteen Finalist Entrants (excluding the Grand Prize Entrant Winner) will each receive a Spring Air Back Supporter Comfort Challenge Mattress (MSRP $1199). Sixteen Finalist Nominee Prizes: The sixteen Finalist Nominees (excluding the Grand Prize Nominee Winner) will each receive a $200 Amex® Gift card. All Federal, State, and local taxes, duties, and the like, if any, are the sole responsibility of the Prize Winners. Each winner of a prize valued at more than $600 must provide Sponsor with a valid taxpayer identification number or social security number before such prize will be awarded, and such winners will receive an IRS form 1099 at the end of the calendar year (with a copy of such form filed with the IRS). No substitution, assignment, redemption for cash, or transfer of any prizes permitted, except that Sponsor reserves the right to substitute a prize of equal or greater value in the event that an offered prize becomes unavailable.

GENERAL: By participating in Contest, Entrants agree to release and to indemnify and hold harmless Sponsor and its parent companies, affiliates, subsidiaries, retailers, franchisees, manufacturers, licensees, advertising and promotion fulfillment and/or judging agencies, and all of their respective officers, employees, directors, representatives and agents (individually and collectively “Releasees”) from all liability, claims, action, or proceedings, losses, injuries and damages to person(s), including death and property, or violation of intellectual property or personal rights (such as but not limited to, copyright, patent, trade name/trademark, and/or rights of privacy or publicity or portrayal in a false light) due in whole or in part to acceptance, possession, misuse or use of any prize; or participation in this Contest, or participation in any Contest related activity. By entering the Contest or claiming a prize, Entrants, winners and/or their guests (and if a minor, the guest’s parent or legal guardian) consent, and agree to confirm that consent in writing upon request, to Sponsor and those acting pursuant to the authority of Sponsor, the right, in perpetuity, to the use of his/her name, voice, picture, and likeness and essay, (and notwithstanding anything to the contrary in these Official Rules, Entrants and winners grant Sponsor the full permission to the use their essays, which may be altered, changed, modified, edited, used alone, together or with other works, and/or in distorted form, as solely determined by Sponsor) at any time(s) and in all media now known or hereafter discovered, worldwide, including on the Internet and World Wide Web, for advertising, commercial, trade and promotional purposes without additional compensation unless prohibited by law, and without notice, review or approval. Each entry will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then the Entrant irrevocably assigns and transfers to Sponsor all of his/her rights, title and interest in and to their essays, including, but not limited to, all copyright and trademark rights which they may have in the United States and worldwide, for consideration, the receipt and sufficiency of which is hereby acknowledged. Upon request of Sponsor, Entrants or Nominees shall execute and deliver such additional instruments of assignment or waiver as may be solely deemed by Sponsor to be reasonably necessary to establish the ownership of record of the right, title and interest in and to the entry essays and of the copyrights and trademarks transferred under these Official Rules. Should Sponsor fail to request the said assignments as stated herein, that shall not be deemed a waiver of Sponsor’s right to do so, and Sponsor may at a later time request the assignments, and Entrants and winners agree to honor such a request.

Limitations of Liability: The Entrants and winners agree that Sponsor and Releasees shall not be liable for injury, loss or damage of any kind resulting from participating in the Contest or any Contest related activity or from the acceptance or use of any prize awarded. Releasees are not responsible for lost, late, stolen, illegible, misdirected, separated, or non-delivered entries; or for lost, interrupted or unavailable satellite, network, server, Internet Service Provider (ISP), Web site or other connections availability, accessibility or traffic congestion, or miscommunications, or failed computer, network, telephone, satellite, or cable hardware, software or lines, or technical failure, or jumbled, scrambled, delayed, or misdirected transmissions, or computer hardware or software malfunctions, failures or difficulties, or other errors of any kind whether human, mechanical, electronic or network or the incorrect or inaccurate capture of entry, essay or other information or the failure to capture, or loss of, any such information. Releasees are not responsible for any incorrect or inaccurate information, whether caused by Web site users, or by any equipment or programming associated with or utilized in this Contest, and assume no responsibility for any error, omission, interruption, deletion, defect or delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or tampering with or hacking of Web site. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with the entry process or operation of the Contest or Web site, to be acting in violation of the terms of the Web site or to be acting in a non-sportsmanlike or disruptive manner, or with intent to threaten, abuse or harass any other person. Releasees are not responsible for injury or damage to Entrants’ or any other person’s computer related to or resulting from participating in this Contest or downloading, printing or copying materials from or use of Web site. If, for any reason, Contest is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, hacking, unauthorized intervention, fraud, technical failures or any other causes which, in sole opinion of the Sponsor, corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend Contest, and determine the winners from entries received prior to action taken, or as otherwise deemed fair and equitable by Sponsor. Any attempt to deliberately damage any web site or undermine the legitimate operation of the Contest is unlawful and subject to legal action by Sponsor or its agents.

IN NO EVENT WILL RELEASEES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF ENTRANT’S ACCESS TO AND USE OF THE WEB SITE OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID WEB SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS WEB SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

JURISDICTION/CHOICE OF LAW:
By entering, Entrants agree that this Contest shall be governed by the laws of the State of Illinois, with exclusive venue and jurisdiction in Elk Grove Village, Illinois.

WINNERS LIST/RULES REQUEST: To view the winners, log on to www.springair.com. Winners will be posted online until May 14, 2008.

SPONSOR: The Spring Air Company, 111 Nicholas Blvd., Elk Grove Village, IL 60007

TRADEMARKS: RITZ-CARLTON® is a registered trademark of The Ritz-Carlton Hotel Company, L.L.C. AMEX® is a registered trademark of the America Express Company.

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