Official Rules (“Official Rules”)

THIS PROMOTION IS NOT OPEN TO THE GENERAL PUBLIC. SEE ELIGIBILITY REQUIREMENTS AND RESTRICTIONS BELOW. NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN A PRIZE. PURCHASING A PRODUCT FROM SPONSOR WILL NOT INCREASE YOUR CHANCE OF WINNING THIS PROMOTION. VOID WHERE RESTRICTED OR PROHIBITED BY LAW.

PLEASE READ THESE OFFICIAL RULES CAREFULLY AS THE OFFICIAL RULES REQUIRE THAT PARTICIPANTS WAIVE THE RIGHT TO A JURY TRIAL AND THAT DISPUTES ARISING OUT OF OR RELATING TO THIS PROMOTION BE RESOLVED ON AN INDIVIDUAL BASIS, RATHER THAN BY CLASS ACTIONS, AND LIMIT YOUR RIGHTS AND REMEDIES IN THE EVENT OF A DISPUTE.

1. BINDING AGREEMENT TO OFFICIAL RULES: The ecobee Pro Pin Sweepstakes (the “Promotion”) is subject to these Official Rules and the decisions of ecobee Technologies ULC (“Sponsor”). By entering the Promotion each entrant (each a “Participant” or “Entrant”) agrees to be bound by these Official Rules. Each Participant should read these Official Rules before entering the Promotion. This Promotion is subject to all federal, state, and local laws and regulations in the United States of America and all provincial laws and regulations of Canada except Quebec. This promotion and is void outside the 50 United States and the District of Columbia and Quebec, and where otherwise prohibited by law.
2. ELIGIBILITY: This Promotion is not open to the general public or retail businesses that sell products primarily to the general public. This Promotion is open only to (a) licensed tradespeople and the company they work for that have registered with Sponsor and have been approved as an ecobee Preferred Contractor and possess a valid ecobee Pro Pin and (b) individuals and the company they work for that operate commercial businesses offering HVAC services and/or equipment to tradespeople. Additionally, all Participant’s must have their principal place of business located in the United States or Canada (other than Quebec).
   
   The following individuals are ineligible to participate: (a) employees of the Sponsor or Associated Companies, any of their subsidiaries or affiliate companies, or their advertising, marketing or promotional agencies; (b) family members (spouses, parents, siblings, children and in-laws) of any individual referred to in clause (a) of this sentence; (c) persons living in the same household (whether or not related) with any person referred to in clause (a) or (b) in this sentence.
3. SPONSOR, ADMINISTRATOR AND ASSOCIATED COMPANIES:
   1. Sponsor: ecobee Technologies ULC. 207 Queens Quay West, Toronto, Ontario, Canada, M5J 1A7
   2. Administrator: Elite Digital Inc. 5511 Steeles Ave. West, Suite 200, Toronto, ON M9L 1S7
   
   This Promotion is in no way sponsored, administered by, or associated with Instagram, LinkedIn, Facebook or any other social media platform.
4. PRIZES: The following prizes (collectively, the “Prizes”) with a total ARV of $25,000 USD will be given to eligible participants randomly selected by Sponsor.
   1. One (1) Grand Prize consisting of $10,000 USD (or equivalent Canadian Dollars as of November 1, 2024)
   2. Thirty (30) Secondary Prizes consisting of $500 USD (or equivalent Canadian Dollars) Ticketmaster Gift Cards
   
   The odds of winning the Grand Prize or a Secondary Prize depend on the number entries received.
5. HOW TO ENTER THE PROMOTION. There are 2 ways to enter the Promotion (each, an “Entry”). All entries must be received between 12:00am Eastern Standard Time on November 1 and 11:59pm Eastern Standard Time on December 31, 2024 (the “Promotion Period”). Late entries will not be accepted. Participants may enter multiple times using any entry method; however, the use of an agency or any automated system to enter is strictly prohibited and Sponsor reserves the right to disqualify any entries received through such methods, as determined by Sponsor, in its sole discretion.
   
   
   1. Pro Pin Entry Method. Participants may enter the Promotion by entering their businesses 6-digit ecobee Pro PIN during the ecobee Smart Thermostat installation process. Registered ecobee Preferred Contractor businesses can access their ecobee Pro PIN by contacting [email protected]. The use of the ecobee Pro PIN during the Entry Period will count as one (1) entry for each thermostat registered. Thermostat must be connected to Wi-Fi for the entry to be complete. There is no limit to the number of entries based on the Pro Pin.
   2. Online Entry Form. To enter without using a Pro PIN visit [ecobeecontest.com] and complete the online entry form. There is a limit of one (1) entry per day per person using the Online Entry Form method.
   If the winner is selected via the Pro Pin, then the winner will be the business associated with that Pro Pin. If the winner is selected via the Online Entry Form, the winner will be the individual who submitted the entry form.
6. USE OF ENTRANTS’ REGISTRATION INFORMATION: By submitting your Entry, Participants agree that Sponsor and Administrator may use your registration and any related collected information in accordance with Sponsor’s Privacy Policy (which includes the right to send you product information, product offers, and solicitations unless you opt-out of receiving such communications) a current copy of which can be found here https://www.ecobee.com/en-us/privacy-policy/.
7. WINNER SELECTION AND NOTIFICATION: Approximately fifteen (15) days after the end of the Entry Period, Administrator will select the Grand Prize Winner and each Secondary Prize Winner.
   
   Each selected winner will be notified via email or telephone associated with the winning entry form and will be required to complete the steps listed in Section 8 below to verify eligibility. If the Administrator is unable to contact a potential winner after three attempts, or if Administrator determines that a Participant is not eligible to win or is not in compliance with these Official Rules, prize will be forfeited and, at Sponsor’s discretion, an alternate winner may be selected.
   
   Winning entries and prizes are not transferable; no prize substitutions are allowed except by the Sponsor who reserves the right to substitute prizes with prizes of equal or greater value. The Secondary Prizes cannot be redeemed for cash and are subject to additional terms and conditions of TicketMaster available on the TicketMaster website. The Sponsor, its affiliates and agencies are responsible for prize delivery only.
   
   All federal, state or other tax liabilities (including income taxes) arising from this Promotion will be the sole responsibility of the winner.
   
   If a potential winner resides in Canada, that Participant will be required to complete an additional “skill” challenge consisting of a multi-part mathematical question. Failure to accurately solve the mathematical question will result in disqualification of the Participant and an alternate potential Winner may be selected in their place.
8. WINNER REQUESTS & REQUIREMENTS: Winners must, within ten (10) business days after initial contact between Winner and the Administrator:
   1. provide Administrator with a current and valid mailing address.
   2. sign and return an Affidavit of Eligibility, Liability and Publicity Release.
   3. provide Administrator with a properly executed IRS Form W-9 (or equivalent Canadian tax form).
   
   If a Winner fails to sign and return the above documents within the required time period, the prize is forfeited. Sponsor reserves the right to select an alternate potential Winner in their place.
   
   Winners may receive email communication, like newsletters and special offers, from Sponsor. You may opt out at any time by clicking the unsubscribe link provided in all emails.
   
   The Participant agrees that the interpretation of each of the above requirements shall be subject to the Administrator’s or Sponsor’s sole discretion. The Administrator and/or Sponsor are not responsible for any lost, late, incomplete, or other entries that do not comply with these Official Rules and it may be disqualified.
   
   In the event of a dispute as to the owner of any Entry, the authorized account holder of the email address will be deemed to be the Participant. The "authorized account holder" is the natural person assigned to an email account by the entity responsible for doing so. Each Participant may be required to show proof of being the authorized account holder.
   
   CAUTION: ANY ATTEMPT BY ANY PARTICIPANT, PERSON, OR ENTITY TO UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE IN VIOLATION OF CRIMINAL OR CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, WE RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
9. ELECTRONIC COMMUNICATIONS. By submitting your Entry, you agree to communicate for the purpose of the program with the Sponsor electronically. Through your Entry submission, you (a) agree that your consent to these Official Rules is a binding form of your electronic signature and (b) represent that you have Internet access and a valid email address enabling you access to information pertaining to the program and to receive communications and documents electronically. Your consent is effective unless and until you withdraw it in writing to [email protected] with the subject line: ecobee Pro PIN Sweepstakes.
10. PRIVACY AND EXERCISE OF RIGHTS. Participant acknowledges that they have read and accepted Sponsor privacy statement and the terms and conditions outlined here: [https://www.ecobee.com/en-us/privacy-policy/. ]. Participants agree that Administrator or any party authorized by them may collect, use store, or otherwise process personal data including, but not limited to, name, email address, age, location, photo submission, and written submission ("Personal Data"):
    1. for the purposes of conducting and administering the Sweepstakes or the Prizes, including Sponsor affiliates.
    2. to verify a Participant`'s identity, postal address and telephone number in the event a Participant qualifies for any applicable Prizes as well as to deliver the applicable Prizes.
    3. to fulfill additional terms of the Promotion or to contact a Participant in response to any question submitted by such Participant.
    4. to comply with the law or in the good faith belief that such action is necessary in order to conform to the requirements of law or comply with legal process served on Sponsor, and to protect and defend Sponsor's rights or property.
    
    Each Participant has a right to:
    1. access, modify and withdraw their Personal Data.
    2. withdraw their consent to electronic communication and delivery of documents.
    3. update Participant’s contact information. Administrator will send Participants a confirmation notice once Administrator has processed Participant’s change request.
    4. Oppose Sponsor and Administrator’s data collection, under certain circumstances, as outlined in the Sponsor and Administrator’s applicable privacy policy. Sponsor and Administrator will remove Participants, who oppose data collection, as Promotion Entrants, remove Participant’s Entry from the Promotion, and disqualify from the Promotion generally.
    5. request a free paper copy of these Official Rules at any time by contacting Administrator or as otherwise set forth in these Official Rules.
    
    By submitting an Entry, you acknowledge and agree that Sponsor will use the Participant’s information, including, without limitation, your email address, phone number, mailing address, or any other contact information provided for general solicitation, marketing, or other business or promotional activities in connection with the services and products provided by Sponsor or the participating companies. You may at any time revoke the use of such information by providing written notice to Sponsor and each other participating company using the addresses listed below or by responding to a marketing email using the unsubscribe link provided in the email. Please note that your opt-out preference will apply to marketing communication and may not apply to transactional communication including those associated with your Entry submission.
11. PERMISSIVE USE. Except where prohibited by applicable law, participation in this Promotion constitutes a Participant’s consent to Sponsor’s use of Participant’s name, business name, image, likeness, visual representations, trademarks, logos, and Participant’s any opinions, testimonials, reviews or other information shared with Sponsor on Sponsor’s social media accounts, website, and electronic communications, including email and direct messaging for promotional purposes in any media without further payment or consideration.
12. RIGHT TO CANCEL, MODIFY, OR DISQUALIFY. If for any reason the Entry or Promotion or any portion of either is not capable of running as planned due to technical or administrative problems, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the Administrator’s or Sponsor’s reasonable control which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Promotion, the Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion or any portion of either.
13. THIRD PARTY PLATFORMS: If this Promotion is hosted, administered, or operated on a third party platform, including without limitation a social media platform (e.g., Facebook or Twitter) (“Third Party Platform”), then by participating in this Promotion, Participant hereby release and agree to comply with all rules and policies set forth by such Third Party Platform and to hold harmless such Third Party Platform from any and all liability, loss or damages arising from or in connection with the awarding, receipt, and/or use or misuse of incentives or participation in any incentive related activities. Unless otherwise stated to the contrary in these Official Rules, this Promotion is not sponsored, endorsed or administered by, or associated with, any Third Party Platform.
14. RELEASE: By participating in this Promotion of accepting a Prize, each Entrant or winner agrees i) to release and hold harmless Sponsor, Administrator, and any parent, subsidiaries, affiliates, the incentive providers and each of their respective officers, directors, employees, representatives, and agents (the “Released Parties”) from and against any and all liability, loss or damage, claim or cause of action arising out of or in connection with your participation in this Promotion or awarding, or receipt or use of any Prizes; ii) the Released Parties shall have no liability for any injury, misfortune, or damage to either persons or property incurred by entering, participating in or winning this promotion, and iii) that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in this Promotion, and in no event shall the Released Parties be liable for attorney’s fees.
15. TAXES. ALL TAXES, FEES, DUTIES, SURCHARGES, IF ANY, IMPOSED ON ANY PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNERS. Each winner is solely responsible for ensuring that he or she complies with all the applicable tax laws and filing requirements. If a winner fails to comply with such laws, the Prizes may be forfeited and Sponsor may, in its sole discretion, select an alternative potential winner.
16. NO WARRANTY. THE SPONSOR AND ANY RELATED AGENT, REPRESENTATIVES OR AFFILIATES MAKE NO OTHER WARRANTIES OR REPRESENTATIONS WHATSOEVER RELATIVE TO THE QUALITY, CONDITIONS, GENERAC OR GENERAC ENTITY, OR MERCHANTABILITY OF ANY ASPECTS OF THE PRIZES. No transfer, substitutions or cash equivalent for Prizes will be allowed, except at the Sponsor’s sole discretion. The Sponsor and Administrator reserve the right to substitute the Prizes, in whole or in part, of equal or greater monetary value if the Prizes cannot be awarded, in whole or in part, as described for any reason.
17. LIMITATION OF LIABILITY. IN NO EVENT SHALL THE SPONSOR, ADMINISTRATOR OR ANY RELATED AFFILIATES, CLIENTS, PERSONNEL, DIRECTORS, OFFICERS, AGENTS, OR PRINCIPALS (GENERAC OR GENERAC ENTITY OR HOLDERS OF AN OWNERSHIP INTEREST, AS THE CASE MAY BE) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, INCURRED BY PARTICIPANTS OR ANY THIRD PARTY, WHETHER BASED ON WARRANTY OR IN CONTRACT, TORT, OR OTHER LEGAL THEORY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES, ARISING FROM THE ENTRY, THE PROGRAM PRIZES OR USE OF A PROGRAM PRIZE, EVEN IF THE SPONSOR OR ADMINISTRATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    
    The Sponsor is not responsible for: (i) lost, late, incomplete, invalid, illegible, unintelligible, damaged, altered, counterfeit, obtained through fraud, late, or misdirected entries, which will be disqualified; (ii) failed, partial or garbled computer transmissions; (iii) technical failures of any kind, including, but not limited to electronic malfunctioning of any network; or (iv) any technical, computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability or intervention, error, omission, interruption, detection, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the web site or otherwise whether caused by web site users or by any of the equipment or programming associated with or utilized in this promotion. The Sponsor reserve the right, in their sole discretion, to disqualify any Entry not in compliance with these Official Rules.
    
    Participants agree that the Sponsor shall have no liability for unsuccessful efforts to notify any potential winner, or for any injuries, losses, or damages by reason of the Participant's participation in the Promotion.
18. IN CASE OF DISPUTES: The Administrator will interpret these Official Rules and resolve any disputes, conflicting claims or ambiguities concerning the Official Rules, and the Sponsor's decisions shall be final. If any provision of these Official Rules is found to be invalid by any court having competent jurisdiction the invalidity of such provision shall not affect the validity of the remaining provisions of these rules, which shall remain in full force and effect. The Sponsor reserves the right to modify or terminate the Promotion or to make such other decisions regarding the administration or outcome as the Administrator deem appropriate.
19. FORUM AND RECOURSE TO JUDICIAL PROCEDURES. If there is any conflict between any promotional material and these Rules, the provisions of these Rules shall prevail.
    
    As a condition of entering this Promotions, except as prohibited by law, Participants agree that: (a) all causes of action arising out of or connected with this Promotion, or any Prize awarded, shall be resolved individually, without resort to any form of class action; and (b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees or court costs.
    
    All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, Participants’ rights and obligations, or the rights and obligations of Sponsor in connection with this Promotion, shall be governed by, and construed in accordance with, the laws of the State of Wisconsin, without giving effect to any choice of law or conflict of law rules (whether of the State of Delaware or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Wisconsin. Any legal suit, action, or proceeding arising out of this Promotion or the applicable Official Rules shall be instituted exclusively in the federal courts of the United States or the courts of the State of Wisconsin located in Milwaukee County, and the Participant(s), Sponsor and Administrator irrevocably submit to the exclusive jurisdiction of such courts in any such suit, action, or proceeding and waives any objection based on improper venue or forum non conveniens.
20. WAIVER OF JURY TRIAL. THE PARTICIPANT(S) AND SPONSOR ACKNOWLEDGE AND AGREE THAT ANY CONTROVERSY THAT MAY ARISE OUT OF OR RELATING TO THESE RULES OR THIS PROGRAM IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES AND, THEREFORE, THE PARTICIPANT(S) AND SPONSOR IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT THEY MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE RULES OR THIS PROMOTION.
21. CONTACT AND WINNERS LIST: For the names of the winner(s), available upon completion of winner confirmation, visit ecobeecontest.com on or after 02/15/24.

Any queries shall be sent by mail to Sponsor at:

Generac or Generac Entity:
ecobee Technologies ULC
ecobee, 207 Queens Quay West, Toronto, Ontario, M5J 1A7, [email protected]