THE REPLACE TODAY FOR $10k MAYTAG® COMMERCIAL LAUNDRY CONTEST
OFFICIAL RULES PURCHASE REQUIRED. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS (ON BEHALF OF HIS/HER LAUNDROMAT AND HIM/HERSELF PERSONALLY, AS APPLICABLE) WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
By participating in the Promotion, each participant (“Entrant”), on behalf of his/her laundromat and him/herself personally (as applicable) unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Whirlpool Corporation (the “Sponsor”) and US Sweepstakes & Fulfillment Co. (the “Administrator”), which shall be final and binding in all respects. Entrant further understands and agrees that he/she is entering the Promotion on behalf of the laundromat which he/she owns, serves as the general manager (or otherwise has requisite authority to bind the laundromat for purposes of participation in this Promotion) and NOT for him/herself personally. Entrant understands and agrees that he/she must provide acceptable proof of such authority to act on behalf of the laundromat as part of the winner verification procedure and, if Sponsor/Administrator determines in their sole discretion that such proof is not acceptable or adequate, the Contest Entry will be disqualified, and the prize forfeited without liability of any kind to Sponsor or Administrator.
TIMING: The “Replace Today for $10K Maytag® Commercial Laundry Contest” (the “Contest” or “Promotion”) begins at 12:00:01 AM Eastern Time (“ET”) on Thursday, April 1, 2021 and ends at 11:59:59 PM ET on Saturday, August 14, 2021 (the “Promotion Period”) and consists of three (3) periods: the Purchase Period, Contest Entry Period and Judging Winner Determination Period as defined in the chart below. The Sponsor’s computer is the official timekeeping device for this Promotion.
ELIGIBILITY: This Promotion is not open to the general public. The Promotion is open only to legal residents of the 50 United States (excluding Arizona, Maryland, and North Dakota), including the District of Columbia, who are age 21 or older at the time of entry, who are the owner or general manager (or other person with requisite authority) of a laundromat which signs a Maytag Commercial equipment replacement deal with a minimum purchase of $10,000 (the “Maytag Replacement Deal”). Equipment must be purchased between 1/1/21 – 7/31/21. Void in AZ, MD, ND, Puerto Rico, Guam, the U.S. Virgin Islands, outside the U.S., and wherever else prohibited by law. But, if an owner or general manager (or other person with requisite authority) of a laundromat which signs a Maytag Commercial replacement deal is an employee of the Sponsor, Administrator and their respective subsidiaries, affiliates, advertising and promotion agencies, and the immediate family members (spouses, parents, children, and siblings and their spouses) of, and/or those living in the same household of each, such individual is not eligible to enter. Promotion is subject to all applicable federal, state and local laws and regulations.
||January 1, 2021
||July 31, 2021
|Contest Entry Period
||April 1, 2021 @ 12:00:01 AM ET
||August 14, 2021 @ 11:59:59 PM ET
|Judging & Winner Determination Period
||August 6, 2021
||August 27, 2021
HOW TO ENTER THE CONTEST: Prior to entering the Contest, Entrant must have a valid Maytag Replacement Deal. The Contest Entry Period begins at 12:00:01 AM ET on Thursday, April 1, 2021 and ends at 11:59:59 PM ET on Saturday, August 14, 2021. During the Contest Entry Period, visit ReplaceWithMaytag.com/contest (the “Promotion Website”) and follow the instructions to provide your contact information (including your name and job title at laundromat as well as the name and address of the laundromat), answer the questions with regard to your laundromat’s operations (including how long the laundromat has been at its current location, its size, the average age of washers/dryers at the laundromat)** and how your laundromat hopes to benefit from using Maytag equipment acquired by signing a Maytag equipment replacement deal (the “Contest Questions”), and provide proof of purchase which must include product serial numbers (obtained from purchased product or dealer invoice) of a Maytag replacement contract to complete the contest entry form (replacewithmaytag.com) (the “Contest Entry”). The Contest Entry must be submitted on replacewithmaytag.com during the Contest Entry Period.
Answers to Contest Questions must be included in the corresponding fields for each question on the Contest Entry, with attachments being strictly prohibited; answers may be subject to word counts as indicated thereon. Contest entry form must be completed in a single, on-line session, with piecemeal or partial submissions being strictly prohibited.
Answers to Contest Questions must be the sole work of Entrant him/herself, cannot have been previously published or submitted to any other contest or competition. (The preceding excludes answers to informational survey questions; for example, the size of laundromat.)
**Do NOT provide any confidential information or trade secrets of any kind in the Contest Entry, including in your answers to the Contest Questions.
No confidential relationship is established by any Entrant and the Sponsor as a result of participating in the Promotion. None of the information submitted by the Entrant will be treated as trade secrets, confidential information or as protected data.
All Contest Entries must be received between Thursday, April 1, 2021 at 12:00:01 AM ET and Saturday, August 14, 2021 at 11:59:59 PM ET. There is a limit of one (1) Contest Entry per laundromat during the Promotion Period; only one owner (or other person with requisite authority) at a laundromat which signed a Maytag replacement contract may submit a Contest Entry on behalf of that laundromat. Each Contest Entry must include proof of purchase which will include models and serial numbers of Maytag replacement equipment purchased by laundromat via replacement deal, at the time of entry.
Contest Entry is void and laundromat will be disqualified if Sponsor determines that the laundromat failed to fully perform its obligations (valid purchase agreement dated 1/1/21 – 7/31/21) pursuant to the terms of the Maytag replacement deal or if any information provided in Contest Entry is materially inconsistent with the warranties and representations made by laundromat in its Maytag replacement deal.
Receipt of Contest Entries may be acknowledged, but any such acknowledgment is not otherwise binding upon Sponsor or Administrator under any legal theory.
By submitting a Contest Entry, the Entrant (on behalf of his/her laundromat and him/herself personally, as applicable) understands and grants to the Sponsor an irrevocable, perpetual, non-exclusive worldwide license to use his/her name and likeness; the name, location and other publicly available information regarding the laundromat on the Sponsor’s various websites and social media sites and in advertising and/or promotional activities worldwide without compensation, permission or notification. Sponsor reserves the right in its sole and absolute discretion to alter, change or modify any Contest Entry.
By submitting an Entry, Entrant (on behalf of his/her laundromat and him/herself personally, as applicable) warrants and represents that: (a) Contest Entry does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other legal or moral rights of any person or entity; (b) all information provided in Contest Entry is truthful; (c) content of Contest Entry is not inappropriate, offensive or otherwise objectionable (by way of example only, does not include hate speech or profanity), advocate drug or alcohol use or advocate violence or criminal conduct as well as being relevant to the theme of the Contest (content should not address political or religious issues or other causes); or (d) adversely affect the business reputation of Sponsor, Maytag brand, or Whirlpool Corporation. Entrant (on behalf of his/her laundromat and him/herself personally, as applicable) will indemnify and hold harmless the Sponsor, Administrator and related entities, agents and assigns from any claims and damages (including reasonable attorneys’ fees) arising from or relating to the breach or alleged breach of the representations and warranties herein, the Contest Entry, or Entrant’s conduct in creating the Contest Entry, the acceptance or use of any prize or otherwise in connection with this Promotion.
Entrant (on behalf of his/her laundromat and him/herself personally, as applicable):
- grants to Sponsor and its designees the exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable, sublicensable right and license to use, perform, exhibit, display, reproduce and/or otherwise exploit his/her Contest Entry, including answers to the Contest Questions, in any manner, for any commercial or non-commercial purposes, and in any and all distribution channels, venues or media now known or hereafter devised, without further notice or any compensation to Entrant/laundromat;
- waives any “Moral Rights of Authors” (Droit Moral) in the answers;
- agrees, upon the request of Sponsor or its designees, and without compensation, to sign any and all necessary and appropriate documents so as to effect, perfect or record the grant of license and/or waiver of “Moral Right of Authors” (Droit Moral) as per subsections (a) and (b) above;
- agrees that Sponsor has wide access to ideas, stories, designs and other literary/artistic materials submitted to each entity from outside sources or being developed by its own employees and that such ideas/stories/designs/literary/artistic materials may be competitive with, similar to (or even identical to) an entrant’s answers and that Sponsor shall have no liability to Entrant/laundromat or any third party in conjunction therewith.
JUDGING & WINNER DETERMINATION: The Judging & Winner Determination Period will begin on Monday, August 16, 2021 and be completed by Friday, August 27, 2021. All eligible Contest Entries received during the Contest Entry Period will be judged by a panel appointed by the Sponsor (including representatives of Sponsor and an independent third-party), who will judge the responses using the rubric and scoring criteria set forth below:
||Describe how machine replacement benefits your business and solves for a specific issue you’re having. (For example: too many repairs, too much downtime, need to increase pricing, need to be more competitive).
||How do you expect upgraded machines to benefit your business? (For example: increased foot traffic or added revenue).
||Explain which machines you replaced and why. Is there an order or plan for the changes you’re making? (For example: replacing all washers first, then dryers or replacing top loaders first).
||Explain how you’ll measure the benefits of the new machines. Detail the type of financial benefit you expect to see and how you’ve been tracking your investments. (For example: utility costs, turns per day, store traffic and more).
||How will you promote your improved laundromat to current and potential customers? (For example: new signage or coupons).
|Answer didn’t clearly respond to the question
||Attempted to explain their choices but didn’t offer support
||Listed 1 reason/example to support the answer, demonstrated some business knowledge
||Listed 2 reasons/examples to support the answer, demonstrated proficient business knowledge
||Listed 3+ reasons/examples to support the answer, demonstrated excellent business knowledge
By way of example, please see sample scoring chart below. In the example below, the Entry received a total score of 66 out of 100 possible points.
|Sample Scoring Chart
||Maximum Judging Value
||Actual Judging Value
|C. Problem Statement
The five (5) Contest Entries that receive the highest total score based on the judging criteria will each be deemed a potential winner. In the unlikely event of a tie, the tied Contest Entry with the higher/highest score in Criterion A, Objective, will be deemed the potential winner. If additional tie breakers are needed, the tie-breaking mechanism above will be used; however, instead of the highest score in Criterion A determining the potential winners from among the tied entries, the highest scores in each of Criteria B through E, in sequence (to the extent needed) will determine the potential winners. In the event additional tiebreakers are needed, all tied Contest Entries will be judged by a separate panel of judges using the judging criteria above.
Entrant (on behalf of his/her laundromat and him/herself personally, as applicable) understands and agrees that the results of the judging of Contest Entries is confidential and proprietary information of Sponsor and will not be disclosed publicly.
PRIZES/APPROXIMATE RETAIL VALUE (“ARV”):
- Contest Grand Prizes: There are five (5) Contest Grand Prizes. Each Grand Prize winner will receive one (1) $10,000 check in the name of the confirmed business. Prize is not intended for the owner, general manager or other authorized representative of the laundromat personally.
The total ARV of all prizes to be awarded: $50,000.
NOTIFICATION & GRAND PRIZE ACCEPTANCE REQUIREMENTS: The potential Grand Prize winners (i.e., the entrants who submitted a Contest Entry on behalf of a laundromat) will be notified on or about
Monday, August 30, 2021 via email and/or phone, and will be required to sign and return, within five (5) days of notification, the Releases and a W-9 Form on behalf of the winning laundromat. Winner must provide the business taxpayer ID# of the winning laundromat. Prize will be awarded in the name of the business associated with the Contest Entry. Noncompliance will result in disqualification, prize forfeiture and the Contest winner who received the next highest score will be deemed the potential Grand Prize winner and the entrant who submitted a Contest Entry for the corresponding laundromat will be notified. The Grand Prizes will be awarded within approximately 45 days after verification.
PRIZE CONDITIONS: If any notification or prize is returned as undeliverable, or if potential winner is found to be ineligible (including but not limited to the Entrant not having the requisite authority to bind the corresponding laundromat) or not in compliance with these Official Rules he/she will be disqualified and the prize forfeited. To receive prize monies, laundromat must still be in full compliance with the terms of the Maytag equipment replacement deal at the time of prize award. To receive prize monies, laundromat must still be in full compliance (order placed, paid for or financing approval without backing out or canceling order. Complete order must be place no later than July 31, 2021) with the terms of the Maytag equipment replacement deal at the time of prize award.
Prizes are not assignable nor transferable. No substitution is permitted. No exchange or substitution of prizes, except at the sole discretion of the Sponsor. Any other incidental expenses on prize not specified herein are the winner’s sole responsibility.
Winners (i.e., winning laundromats) are solely responsible for all federal, state, local and income taxes associated with winning prize. Grand Prize winners will be required to furnish his/her business taxpayer ID# for the sole purpose of preparation of tax forms as required by law.
Except where prohibited by law, entry and acceptance of prize (by Entrant on behalf of laundromat and him/herself personally, as applicable) constitute permission to use the Entrant’s name, likeness, video tape, photographs, and statements as well as the name, location and other publicly available information regarding the winning laundromat for purposes of advertising, promotion and publicity (including online posting) in any and all media now or hereafter known throughout the world in perpetuity, without any compensation to such Entrant, additional compensation to winning laundromat, and without notification or permission to Entrant or winning laundromat. Without limitation, Entrant (on behalf of laundromat and him/herself personally, as applicable) agrees to participate in media interviews, visits by Sponsor or its representatives to the winning laundromat and/or other publicity-related activities as requested by Sponsor. Nothing herein in any way obligates Sponsor to engage in any such activities and, by refraining from doing so, Sponsor will not incur any liability under any legal theory.
By accepting a Grand Prize, you (on behalf of your laundromat and yourself personally, as applicable) further agree to release the Promotion Entities from any and all liability, loss or damage of any kind arising out of or in connection with your/the laundromat’s participation in this Promotion or with respect to the awarding, receipt, possession, use and/or misuse of the prize to the laundromat.
GENERAL: Entrants (on behalf of his/her laundromat and him/herself personally, as applicable) agree to these Official Rules and the decisions of the Administrator and the Sponsor, and release and hold the Sponsor, the Administrator, and their affiliated companies, and all other businesses involved in this Promotion, as well as the employees, officers, directors and agents of each, from all claims and liability relating to participation in the Promotion, and the acceptance and use/misuse by the winning laundromat of the prize offered. Entrants (on behalf of his/her laundromat and him/herself personally, as applicable) waive all rights to claim punitive, incidental and consequential damages. Winners (i.e., Entrant or other authorized representative of winning laundromat) assume all liability for any injury or damage caused or claimed to be caused, by participation in this Promotion or use/misuse or redemption of a prize. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Promotion or in the announcement of any prize.
Although subsequent attempts to submit a Contest Entry may be received, only the first complete Contest Entry received from a particular Entrant may be eligible; subsequent attempts by the same person or laundromat to Enter, including entries submitted with an alternate email address or identity will be disqualified. However, should Sponsor or Administrator determine that an Entrant or laundromat engages in blatant, repeated or egregious violations of the entry limit or these Official Rules in any other respect, the Entrant/laundromat will be disqualified from the Contest altogether. In the event of a dispute over the identity of an Entrant, submission will be deemed submitted by the “Authorized Account Holder” of the email address submitted by the Entrant who in turn must be the owner or general manager (or other person with requisite authority) of a laundromat which signs a Maytag equipment replacement deal. Authorized Account Holder means the natural person to whom the email address account is registered. An Entrant may be required to show proof of being the authorized account holder to Sponsor’s satisfaction. Entry materials/data that have been tampered with or altered, or mass entries or entries generated by a script, macro or use of automated devices are void. The Promotion Entities are not responsible for: (i) lost, late, misdirected, inaccessible, corrupted, jumbled, damaged or illegible/garbled entries; or (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of submission materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive submission information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; or (iii) any injury or damage to entrant’s or any other person’s computer related to or resulting from participating in the Promotion. By participating in the Promotion, you (on behalf of corresponding laundromat and yourself personally, as applicable) (i) agree to be bound by these Official Rules, including all eligibility requirements, and (ii) agree to be bound by the decisions of Sponsor and the Administrator, which are final and binding in all matters relating to the Promotion. Failure to comply with these Official Rules may result in disqualification of corresponding laundromat from the Promotion. Sponsor reserves the right to: (i) permanently disqualify from any Promotion it sponsors any person it believes has intentionally violated these Official Rules; and (ii) withdraw any method of entry mechanism if it becomes technically corrupted (including if a computer virus or system malfunction inalterably impairs its ability to conduct the Promotion). If, for any reason, the Promotion is not capable of being conducted as planned, including but not limited to infection by computer viruses, bugs, tampering, unauthorized intervention, fraud, technical failures or other causes whether or not beyond the control of Sponsor, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion. In such event, to the extent feasible, Sponsor shall endeavor to conduct the Promotion and award the (5) Grand Prizes as intended from among all eligible Contest Entries received prior to the action taken by Sponsor, with notice of such action being posted on the Promotion Website. Sponsor and Administrator are not responsible if the Promotion cannot be implemented or prizes cannot be awarded due to delays or interruptions due to acts of God, acts of war, strikes, governmental action, natural disasters, weather or acts of terrorism. Sponsor and Administrator also reserve the right in its sole discretion to disqualify any laundromat if Entrant or any other individual associated with such laundromat is found to be violating these Official Rules or suspected of attempting to disrupt or defraud the Entry process or the operation of the Promotion. Sponsor and Administrator reserve the right to disqualify such laundromat at any time during the Promotion Period that may be found ineligible. Disqualification shall not, however, represent the sole remedy available to Sponsor and Administrator in the case of fraud by laundromat; by way of illustration only, such action may impair laundromat’s rights pursuant to the Maytag equipment replacement deal perhaps resulting in termination of same.
In the event any Entrant or other person associated with laundromat engages or has engaged in behavior that (as determined by Sponsor or Administrator in Sponsor’s/Administrator’s sole discretion) is obnoxious or threatening, illegal or that tends to annoy, abuse, threaten, disparage or harass any other person or company including the Sponsor or is otherwise inappropriate, the Sponsor/Administrator reserves the right to disqualify the corresponding laundromat.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS WEB SITE OR INTERFERE WITH THE OPERATION OF THE PROMOTION, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR AND ADMINISTRATOR EACH RESERVE THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
GOVERNING LAW AND LIMITATION OF LIABILITY: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor or the Released Parties in connection with the Promotion will be governed by and construed in accordance with the internal laws of the State of Michigan, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.
BY ENTERING THE PROMOTION, ENTRANT (ON BEHALF OF HIS/HER LAUNDROMAT AND HIM/HERSELF PERSONALLY, AS APPLICABLE) AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT/LAUNDROMAT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT (ON BEHALF OF HIS/HER LAUNDROMAT AND HIM/HERSELF PERSONALLY, AS APPLICABLE) HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’/LAUNDROMATS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT (ON BEHALF OF HIS/HER LAUNDROMAT AND HIM/HERSELF PERSONALLY, AS APPLICABLE) IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
DISPUTES: The parties hereto each agree to finally settle all disputes only through arbitration; provided, however, the Released Parties shall be entitled to seek injunctive or equitable relief in the state and federal courts in Berrien County, Michigan and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Promotion shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Berrien County, Michigan. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Berrien County, Michigan. Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
OFFICIAL RULES REQUEST: To request a copy of the Official Rules, see replacewithmaytag.com/contest or send a self-addressed, stamped envelope by August 30, 2021, to: The Replace Today for $10K Maytag® Commercial Laundry Contest Official Rules Request, PO Box 654, Social Circle, GA 30025-0654.
WINNER CONFIRMATION REQUEST: For a written confirmation of the winning laundromats (available after August 30, 2021), send a stamped, self-addressed envelope (no later than September 27, 2021), to: The Replace Today for $10K Maytag® Commercial Laundry Contest Winner Confirmation Request, PO Box 654, Social Circle, GA 30025-0654.
SPONSOR: Whirlpool Corporation, 600 West Main Street, Benton Harbor, MI 49022.
ADMINISTRATOR: US Sweepstakes & Fulfillment Company, 625 Panorama Trail, Suite 2100, Rochester, NY 14625.
Void outside the US, in AZ, MD, ND, Puerto Rico, and wherever else prohibited by law.