Sweepstakes

Official Sweepstakes Rules

Starting on May 1, 2023 – July 31, 2023 (the “Promotion Period”), Nu-Calgon is offering eligible partners the opportunity to participate in an exciting promotion. During this Promotion Period, HVACR licensed contractors and licensed technicians can enter to win a Traeger Pro 575 Pellet Grill by following the instructions in the “Entry Guidelines” section below.  ONLY HVACR licensed contractors and licensed technicians ARE ELIGIBLE! By entering the Sweepstakes, you agree to these Official Sweepstakes Rules (“Official Rules”), so be sure to read all of the Official Rules below.

*NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.*

IMPORTANT NOTICE: These Official Rules include important legally binding agreements about how you and Nu-Calgon will resolve any disputes that arise over the Sweepstakes or the interpretation and enforceability of these Official Rules, which can be found in the sections titled Dispute Resolution, Mandatory Individual Arbitration, Class Action Waiver, Limitation of Liability, Release, and Indemnification. Please read these sections carefully as they include important agreements that could affect your legal rights. In particular:

• You agree that any disputes between you and Nu-Calgon about this Sweepstakes or these Official Rules will be subject to a MANDATORY INDIVIDUAL ARBITRATION AGREEMENT. This means that any disputes between you and Nu-Calgon will not be decided by a judge or a jury but, instead, will be decided in a private arbitration.
• You also agree that you will not try to sue Nu-Calgon in a class action lawsuit. This is called a “CLASS ACTION WAIVER.”

The Official Rules are a legally binding contract between you (the “Entrant”, defined below) and Nu-Calgon (“us”, the “Sponsor” or the “Released Parties,” also defined below). By entering or participating in the Sweepstakes, you agree to be bound and abide by these Official Rules, as well as any decisions that Nu-Calgon or our judges might make. You also agree these decisions shall be final and binding in all respects relating to the Sweepstakes. If you don’t agree, to any part of these Official Rules, you should not enter or participate in the Sweepstakes.  If you have questions, you can email us at sweepstakes@nucalgon.com or give us a call at 1-800-554-5499.

SPONSOR: Nu-Calgon, 2611 Schuetz Rd., St. Louis, Mo., 63043. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Traeger.

ENTRANT: Each person who enters the Sweepstakes is referred herein as an “Entrant” or “You.”

ELIGIBILITY: Open only to HVACR licensed contractors and licensed technicians and legal residents of the 50 U.S. States, Washington D.C., and Puerto Rico who are 21 years of age or older only. Employees, agents, officers, and directors of Nu-Calgon Wholesaler, Inc. and its respective parents, subsidiaries, affiliates, and advertising and promotion agencies ( “Released Parties”) and members of their immediate family (spouse, parent, children, siblings, and their respective spouses, regardless of where they reside) and persons living in the same household, whether or not related, are not eligible. Void where prohibited. Subject to all applicable federal, state, and local laws.                                        

PROMOTION PERIOD: Qualification for the Sweepstakes begins at 12:01 a.m. (CDT) on May 1, 2023 and ends at 11:59 p.m. (CDT) on July 31, 2023. All entries must be received by July 31, 2023 at 11:59 (CDT) to win.

HOW TO ENTER: No purchase is necessary to enter or to win. Purchasing won’t improve your chances of winning. Entries generated by script, macro, other automated means, or by any means to subvert the entry process are void.  You can enter the Sweepstakes in two ways, which are described below.  Please follow all instructions carefully.

• First, make a purchase and enter by mail, through your Nu-Calgon account manager or at nucalgon.com/traeger. You can submit your entry by U.S. Mail to Nu-Calgon at 2611 Schuetz Rd., St. Louis, MO 63043, ATTN: Brendan or directly to your Nu-Calgon account manager, via email or in person. All such entries must include the following information: (1) a completed entry form (with signature, acceptance of these Official Rules, the Entrant’s name, current mailing address, current email address, and current telephone number); and, (2) your proof of purchase of an iWave-R, iWave-C, iWave-M, iWave-V, NuShield-R, NuShield-CI, or NuShield-CX during the Promotion Period. Proof of purchase may be submitted in the form of a purchase order, invoice, or receipt indicating purchase of one or more eligible products during the Promotion Period. Limit one (1) entry per person, per purchase. Duplicate receipts, or other proofs of purchase, will not be accepted. Entries must be received on or before July 31, 2023 at 11:59 CDT.
• Second, enter by mail without making a purchase. Handprint your full name, mailing address, email address, phone number, and month and year of your birth and, and send, via U.S. Mail, to Nu-Calgon at 2611 Schuetz Rd., St. Louis, MO 63043., ATTN: Brendan. All entries must include the Entrant’s name, current mailing address (P.O. boxes not accepted), current email address, current telephone number, and a signed statement that you have read and agree to these Official Rules.  Each completed and mailed-in entry form is worth one (1) entry per form. Each mailed in 3x5 notecard containing the handwritten information listed above, is worth one (1) entry per card. Mechanical reproductions or postage-due entries will not be accepted. Limit one (1) entry per person, per entry form or 3 x 5 card. Mailed entries must be received by Nu-Calgon, at the above address, on or before July 31, 2023 at 11:59 CDT.  
• Third, enter with proof of purchase on our website. Entries can be submitted via the online form provided at www.nucalgon.com/traeger. Upload your proof of purchase and enter the required information in the spaces provided. All entries must include the Entrant’s name, current mailing address, current email address, current telephone and acceptance of these Official Rules. Proof of purchase may be submitted in the form of a purchase order, invoice, or receipt that indicating purchase of one or more eligible products during the Promotion Period. Limit one (1) entry per person, per purchase. Duplicate receipts, or other proofs of purchase, will not be accepted. Entries via our website must be submitted on or before July 31st, 2023 at 11:59 CDT. Proof of completing the entry form on the website is not considered proof of delivery or receipt of such entry.

PRIZE(S):  Each winner will receive one Traeger Pro 575 Pellet Grill, which is valued at $900.00. Nu-Calgon agrees to pay for costs necessary to ship the prizes the winners the address provided at entry; and, this amount may vary from person to person, including based on location. Prizes are awarded “as is” with no warranty or guarantee, either express or implied. Each winner is solely responsible for the reporting and payment of any and all taxes due, including federal, state, and local taxes. All prize details are at Nu-Calgon’s sole discretion. Winners may not substitute, assign, or transfer prize. The Sponsor, at its sole discretion and subject to applicable law, reserves the right to substitute prize (or portion thereof) with one of comparable or greater value, including if the advertised prize or a portion thereof becomes unavailable. Prizes are not redeemable for cash. Limit one (1) prize per person. Winners may be required to sign and return a release of liability, declaration of eligibility and, where lawful, a publicity consent agreement, as conditions of receiving a prize. If applicable, for tax purposes, winners may be required to provide their social security or federal tax id number for tax purposes. Failure to comply with the aforementioned conditions, or any of the Official Rules, shall be grounds for forfeiture of a prize.

CHANCES OF WINNING: Prizes will be awarded in a random drawing held from among eligible entries received. The odds of winning will depend upon the total number of eligible entries received.  Many may enter, few will win.

SELECTION OF WINNERS: Three winner(s) will be selected in a random drawing from among all eligible entries received, to be held within seven days following the entry deadline. Limit of one (1) Prize per person, family and household.  

WINNER NOTIFICATION: Winner(s) will be notified by email and by phone. If any winner doesn’t respond to notification within five days of transmission, or if the communication is returned undeliverable, the prize may be forfeited and an alternate may be selected at random. Nu-Calgon may, at its discretion, make an additional attempt to notify the winner. Winner must provide all required information and forms within ten business days of notification or prize will be forfeited and may be awarded to another winner at Sponsor’s sole discretion.  A winner’s failure to respond, or a winner’s noncompliance with any of the Official Rules  may result in disqualification; and, at Sponsor’s sole discretion, an alternate winner may be selected and the prize will be forfeited without compensation of any kind and an alternate winner may be selected. 

CONTENT: Where applicable, the Entry or other content provided by Entrant, must belong to Entrant, be the Entrant’s original work, be in keeping with Sponsor’s image, and not be offensive, obscene, hateful, harmful, tortious, libelous, slanderous or inappropriate or disparage Sponsor or any of its brands in any way, all as determined by Sponsor in its sole discretion. Entry must not defame or violate or infringe upon the rights of any person or entity. Entry must not in any way, either visibly or otherwise, contain any brand names, logos, or trademarks other than those of Sponsor, which Entrant has a limited license to use solely for purposes of this sweepstakes. Entry must not include personally identifiable information of any person other than Entrant. Entrant is responsible for obtaining, prior to entering, any and all releases and consents from any persons appearing in an entry that are necessary to permit the exhibition and use of the entry by Sponsor as set forth in these Official Rules. No entry submission, if applicable, may include or be submitted by anyone under the age of 13. Sponsor reserves the right to disqualify any entry and remove any post that it determines, in its sole discretion, is not in compliance with these Official Rules.

GRANT OF RIGHTS: By submitting an entry, each Entrant grants to Sponsor and its licensees, successors and assigns an irrevocable, perpetual, unlimited, royalty-free, fully paid-up license to reproduce, distribute, display, exhibit, exploit, perform, edit, create derivatives of and otherwise use any content provided by Entrant in connection with the Sweepstakes, including the Entry and all elements of such entry, together with any other material, as well as the name, username, city and state of residence, voice, image and/or likeness of the Entrant (including, without limitation, profile photo), in any and all media now known or hereafter devised, in any manner, in whole or in part, worldwide, without compensation or notification to, or permission from, Entrant or any third party, for any purpose whatsoever, including without limitation, for purposes of advertising or trade.

Prohibited Conduct: Persons who tamper with or abuse any aspect of the sweepstakes, who act in an unsportsmanlike or disruptive manner or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated entries will be void. Should any portion of the sweepstakes be, in Sponsor’s sole opinion, compromised by a virus, worms, bugs, non- authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the sweepstakes and if terminated, at its discretion, select winner(s) at random from all eligible, non-suspect entries received prior to action taken or as otherwise deemed fair and appropriate by Sponsor.

Social Media Disclosure: Although this Sweepstakes may be advertised on the Facebook, Instagram, Twitter, or other social media pages (collectively, the “Social Media Platforms”) of Sponsor or another, this Sweepstakes is in no way sponsored, endorsed or administered by, or associated with the Social Media Platforms. Entrants are providing their information to the Sponsor and not to the Social Media Platforms. The information an Entrant provides will only be used by the Sponsor, in accordance with these Official Rules. By entering the Sweepstakes, Entrants provide a complete release of the Social Media Platforms from any and all responsibilities implied or provided by the Sponsor and that this Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, the Social Media Platforms.

DISPUTE RESOLUTION, MANDATORY INDIVIDUAL ARBITRATION, & CLASS ACTION WAIVER: This section applies to any and all disputes, claims, and causes of actions arising out of or connected to the Sweepstakes, as well as any and all issues, questions, claims and disputes concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of you and Sponsor in connection with this Sweepstakes.

• MANDATORY INDIVIDUAL ARBITRATION: You and Nu-Calgon agree to resolve any claims or disputes concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of you and Sponsor in connection with this Sweepstakes through final, binding, and individual arbitration by a single arbitrator, unless you fall under one of the Exceptions to the Agreement to Arbitrate, which are described below. This includes, but is not limited to, disputes arising out of or relating to these Mandatory Individual Arbitration Provisions and threshold questions of whether or not the dispute can be arbitrated.

Procedures for Arbitration: The Arbitration will be administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. It will be held in your home county, St. Louis County, MO, or another location to which we agree. 

Arbitration Costs and Incentives: AAA rules will control all arbitration fees and incentives. We will pay arbitration fees for individual arbitration claims that are under $20,000 and will not seek our attorney’s fees or costs in arbitration unless the arbitrator decides that your claim is frivolous. If you receive an arbitration reward that is more favorable than the highest offer we made to resolve the claim, we will pay you $500 in addition to that award.

Exceptions to the Agreement to Arbitrate: These Mandatory Individual Arbitration Provisions do not apply to: (1) qualifying claims brought in small-claims court; and (2) a lawsuit for injunctive relief to stop unauthorized use of or infringement on intellectual property rights. If the agreement to arbitrate is found not to apply, you agree to the exclusive jurisdiction of the state or federal courts in the state of Missouri, USA.

You May Opt-Out of the Agreement to Arbitrate: If you do not want to agree to this mandatory individual arbitration provisions, you can opt-out by sending an email to sweepstakes@nucalgon.com telling us your name, the email address associated with your account, and that you want to opt-out of the mandatory individual arbitration agreement. In order for your opt-out to be effective, you must email us within thirty (30) days of our receipt of your Sweepstakes entry us or your acknowledgement that you have been notified of these Official Rules, whichever comes later.

• NO CLASS ACTIONS: You agree that you will only resolve disputes us, related to the Sweepstakes and these Official Rules, on an individual basis. You understand that by entering the Sweepstakes, and accepting and agreeing to these Official Rules, you and Nu-Calgon are each waiving the right to trial by jury or to participate in a class action or class arbitration of claims relating to the Sweepstakes, these Official Rules, or any associated rights or obligations of that you or Nu-Calgon might have. You are not allowed to bring class actions, consolidated actions, representative actions, class arbitrations, or private attorney general actions against Nu-Calgon. The arbitrator does not have the power to modify this provision.
• Judicial Forum for Disputes: You and Nu-Calgon to submit to the exclusive jurisdiction of the state and federal courts of the State of Missouri, USA, subject to the mandatory, individual arbitration provisions, below. Both you and Nu-Calgon consent to venue and personal jurisdiction in such courts. For consumers, where applicable, this paragraph does not apply in jurisdictions that give consumers the right to bring claims in local courts.
• Controlling Law: All issues, questions, claims and disputes concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of you and Sponsor in connection with this Sweepstakes shall be governed and construed in all respects by the laws of the State of Missouri, USA, without giving effect to Missouri’s conflict of law’s provisions, except to the extent local law is mandatory for consumers.

If any part of this “Dispute Resolution” section is found to be unenforceable, it will be severed and the rest of this section will remain in full force except as follows: If the prohibition against class or representative actions is found to be unenforceable, the entirety of this mandatory individual arbitration provisions is null and void. Otherwise, the terms of the mandatory individual arbitration provisions will survive termination of the Sweepstakes and these Official Rules.

LIMITATION OF LIABILITY

We don’t limit or exclude our liability where that would be illegal. For example, we know some jurisdictions don’t allow certain types of limitations if liability and sometimes these limitations or exclusions of liability won’t apply to you. This is especially the case if you are a consumer. We also do not exclude or limit our liability for fraudulent misrepresentation, intentional or knowing violation of these Official Rules, or applicable law, or for death or personal injury resulting from our negligence or the negligence of our agents or employees. 

IN JURISDICTIONS WHERE EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE ALLOWED, We AND THE OTHER RELEASED PARTIES, INCLUDING any of our affiliated companies, employees, agents, shareholders, and directors, are not liable to you or any third person for ANY OF THE FOLLOWING:

• Special, incidental, indirect, punitive, exemplary, or consequential damages;
• Loss of use, profit, business, revenue, or data:
• Lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered or garbled entries, tweets, retweets, messages or comments;
• Lost, interrupted or unavailable network, server, Internet Service Provider (ISP), Nu-Calgon’s website, or other connections, availability or accessibility or miscommunications;
• Failed computer, satellite, telephone or cable transmissions, lines, or technical failure;
• Jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties;
• Other errors or difficulties of any kind, whether human, mechanical, electronic, computer, network, typographical, printing or otherwise, relating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the processing of entries, the announcement of the prize(s) or in any Sweepstakes-related materials; 
• Incorrect or inaccurate information, whether caused by users, tampering, hacking, or by any equipment or programming associated with or utilized in the sweepstakes;
• Injury or damage to any person's computer related to or resulting from participating in this Sweepstakes; or,
• Injury or damage at all related to or resulting from receipt or use of a prize awarded as a result of entry in this Sweepstakes.

THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF (1) LEGAL THEORY; (2) WHETHER OR NOT THE CLAIM arises from THE SWEEPSTAKES, THESE OFFICIAL RULES, ANY OTHER PART OF YOUR AGREEMENTS WITH NU-CALGON, your use of OUR Service, or any of the Content or other materials located on, accessed through or downloaded from the Service; (3) WHETHER OR NOT we knew or should have known about the possibility of such damages; or, (4) WHETHER OR NOT the limited remedies provided in this section fail of their essential purpose.

EXCEPT FOR THE TYPES OF LIABILITY THAT WE CANNOT LIMIT BY LAW (WHICH ARE DESCRIBED IN THIS SECTION), any and all claims, judgments and awards shall be limited to $100 OR THE actual, out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorneys' fees.

RELEASE: You agree to release, discharge and hold harmless Released Parties from any and all injuries, liability, losses, costs, expenses, (including attorneys fees) and damages of any kind to persons, including death, or property resulting, in whole or in part, directly or indirectly, from Entrant’s participation in the sweepstakes or the acceptance or use of any prize.

INDEMNIFICATION: You agree to indemnify, defend, and hold harmless Released Parties from and against any and all suits, claims or causes of action, including attorneys’ fees, due to your violation of any of these Official Rules, breach of any representation or warranty, or arising out of or in connection with any alleged or actual infringement of any third-party trademarks, copyrights or any other intellectual property whatsoever.

ENTIRE AGREEMENT: These Official Rules represent the entire agreement between You and Sponsor with respect to the current subject matter and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, applicable to the same subject matter (including, but not limited to, any prior versions of this Agreement).

SEVERABILITY: If any reason a court of competent jurisdiction finds any provision or portion of these Official Rules to be unenforceable, the remainder will continue in full force and effect. Under these circumstances, an enforceable term shall be substituted that most closely reflects our original intent.

WAIVER: If Nu-Calgon fails to enforce any portion of this Agreement, that is not a waiver of our right to do so. Any waiver of any provision of the Agreement will be effective only if in writing and signed by an authorized representative of Nu-Calgon.

CONTACT FOR MORE INFORMATION: Nu-Calgon is located at 2611 Schuetz Rd., St. Louis, Mo., 63043. Should you have any comments or questions about these Official Rules, communication can be directed to Nu-Calgon’s postal address, via email to sweepstakes@nulcalgon.com  or by telephone to 1-800-554-5499.