Cool Cash Rewards Club Terms And Conditions
PLEASE READ THESE TERMS AND CONDITIONS ("TERMS AND CONDITIONS") CAREFULLY BEFORE REGISTERING FOR THE REFERRAL PROGRAM OFFERED BY ALL YEAR COOLING AND HEATING, INC. (“ALL YEAR COOLING”). THESE LEGALLY BINDING TERMS AND CONDITIONS GOVERN YOUR PARTICIPATION IN THE ALL YEAR COOLING REFERRAL PROGRAM (THE "PROGRAM"). YOU ACKNOWLEDGE THAT YOU ARE BOUND BY THE TERMS OF THIS AGREEMENT. IN CHOOSING TO PARTICIPATE IN THE PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS APPLY TO ALL PARTICIPANTS IN THE PROGRAM. IF YOU DO NOT UNCONDITIONALLY AGREE TO THE FOREGOING, DO NOT CONTINUE WITH THE REGISTRATION PROCESS.
To qualify for participation in the Program (including without limitation receipt of Referral Rewards (as defined below)), You must: (i) be an individual who is at least eighteen (18) years old; and (ii) be a resident of one (1) of the fifty (50) United States and the District of Columbia. All Year Cooling employees and affiliates are not eligible to join the program.
2) Winner Selection
Unless otherwise noted, all winners are selected at random for the monthly giveaway prize. All current Cool Cash Rewards Club members are eligible for monthly drawings. Submitting an eligible referral for the month does not increase your chances of winning. You will be contacted on the phone number and/or email address that you provide when registering for the club in order to claim your prize. It is your responsibility to ensure these methods of contact are accurate. If you believe you may have entered contact information that is not valid, please contact Club Concierge at firstname.lastname@example.org to confirm, update or otherwise change your contact details. All Year Cooling is not responsible for lapse in communication due to incorrect or disconnected phone numbers, or invalid email addresses. In the event we are unable to contact the randomly selected winner for the monthly drawing, a second winner will be selected at random.
There will be one (1) grand prize drawing per year in which a member will be awarded a prize of All Year Cooling’s choosing. The grand prize is subject to change at any time and without notice due to availability, scheduling conflicts, or other unforeseen limitations. The winner of the yearly grand prize will have submitted the most single (non-group) referrals for the calendar year in which the drawing has taken place. In the event of a tie in which more than one Cool Cash Rewards Club members have submitted the same amount of eligible, verified referrals, a winner will be selected at random from the participants that are tied. If you are unable to accept the grand prize, we are unable to contact you at the phone number or email address you have provided, or are deemed otherwise ineligible by All Year Cooling, a new winner will be selected either at random (if there is a tie), or by selecting the member with next highest verified number of referrals.
During the registration process, you will gain access to Cool Cash Rewards App where you can add and manage your referrals. You are permitted to distribute this information through social media, in your emails or in other communications. You will earn a Cash Gift Card in the sum of $100.00 for each referral who becomes a client of All Year Cooling and had their AC unit completely installed.
4) Referral Rewards & Club Incentives
Once an installation of a new AC unit is completed (and paid in full or signs a financing contract) You will earn a referral reward of One Hundred dollars ($100.00 USD) (a “Referral Reward”) there is no maximum limit on referral reward earning. You will not be entitled to Referral Fees if You (1) Fail to register on our online Refer a Friend Program App or coordinate by phone or in writing with All Year Cooling, (2) Did not submit your referral within 2 months after the referral’s unit was installed. All Year Cooling will not be liable to You with respect to any such failure. You will not earn a Referral Reward if there was no installation performed with the referred customer. All incentives described in the membership package are considered as a gift and can change without prior notice to members. Each member has to submit a referral on a particular month in order to be included in that month’s raffle, (example: At least one (1) referral for the month of February should be submitted to be included in the February raffle).
5) Referral Program Payment Terms
All payments to you shall be made via Cash Gift Card and sent to your mailing address in the sum of $100.00 within four to eight (4-8) weeks after each completed referral installation has been completed and payment has been cleared. Payment shall not be made by any other method unless otherwise expressly agreed in writing by All Year Cooling. All incentives described in the membership package will be processed and sent by mail or in person within 4-8 weeks. Incentives, gifts and its delivery shall be determined upon club member qualification. An anniversary gift will be sent to each member on their anniversary date, explained in Section 5. The anniversary special gift processing time is 4-8 weeks. You are responsible for filing Federal Tax form 1099 on earnings equal or greater than $599.00 per tax year.
Club member “Anniversary Date” is the date that the registration form is filled out and submitted. This Agreement shall commence on the Effective Date and shall remain in effect for unless terminated or updated by All Year Cooling as provided in this Agreement. Members need to maintain at least one (1) referral per calendar year to maintain membership and ensure the receipt of gifts and incentives. Either party may terminate this Agreement, with or without cause, by giving written notice of termination to the other party (email is sufficient). Sections 6 and 7 shall survive termination of this Agreement.
7) Representations and Warranties
You hereby represent and warrant that: (i) You will comply applicable laws or regulations (including without limitation copyright laws and anti-spam laws) in connection with Your participation in the Program and You will not use Your User Account or the Program for any illegal or unauthorized purpose; (ii) You will not misrepresent Your relationship with All Year Cooling to any third party and You will not make any warranty or representation on behalf of All Year Cooling (including with respect to the pricing of All Year Cooling products).
8) Limitation on Liability
NEITHER PARTY NOR THEIR AFFILIATES SHALL BE LIABLE OR OBLIGATED UNDER ANY SECTION OF THIS AGREEMENT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR ANY AMOUNT IN EXCESS OF THE TOTAL FEES PAID HEREUNDER OR, IF GREATER, ONE HUNDRED DOLLARS ($100.00).
10) Modifications to the Terms
Other promotions and incentive may occur at any time and has different terms and conditions. In this case contact Club Concierge for more details. All Year Cooling may modify or cancel this Referral Program and its rights and obligations hereunder freely without consent. The parties agree that this Agreement shall be governed by the laws of the State of Florida without regard to the conflict of the law’s provisions thereof. The parties further agree that if any portion of this Agreement is illegal or unenforceable, such portion(s) shall be limited or excluded from this Agreement to the minimum extent required and the balance of this Agreement shall remain in full force and effect and enforceable. Except as expressly set forth herein, this Agreement contains the entire understanding of the parties regarding its subject matter and can only be modified or waived by a subsequent written agreement signed by both parties.
By Phone: (888) 576-5692
All Year Cooling and Heating, Inc.
ATTN: Marketing Department – Cool Cash Rewards Club
1345 Northeast 4th Avenue,
Fort Lauderdale, FL 33304
By Email: email@example.com
Effective Date: January 9th, 2015