The Heatcraft COOL TO BE KINDTM Program (the “Program”) is sponsored by Heatcraft Refrigeration Products LLC, 2175 W. Park Place Blvd., Stone Mountain, GA 30087, and its affiliates (collectively, “Heatcraft”) and local Heatcraft distributors participating in the Program (“Distributors”) (collectively, “Sponsors”). The Program will provide commercial refrigeration equipment to charitable organizations who are making a positive impact on their communities, as detailed below. Four to six Distributors are participating in the Program in connection with the Nomination Period set out below.
Nomination Period. The nomination period begins at 12 a.m. Eastern Time on December 1, 2023 and ends at 11:59 p.m. Eastern Time on January 31, 2024 (the “Nomination Period”). During the Nomination Period, the Sponsors will solicit nominations for charitable organizations that meet the eligibility criteria listed below by submitting the organization’s name and address, the organization’s Representative (defined below) name and contact information, together with a statement about why the organization deserves/needs to receive commercial refrigeration equipment and installation donated free of charge, using the nomination form at cooltobekind.heatcraftrpd.com. Limit of one (1) nomination per charitable organization. Multiple submissions for the same charitable organization do not increase that nominee’s chances of being selected. Nominations may be submitted by any individual residing in the United States or Canada that has reached the legal age of majority in their applicable jurisdiction of residence (for certainty, a Nomination may be submitted by an employee or representative of a Distributor, Nominee or by another individual that meets the foregoing requirements) (a “Nominator”). Nominators may submit more than one (1) nomination if they know several charitable organizations who may qualify for a free commercial refrigeration package and installation through the Program. Nominators hereby agree to be legally bound by these Program terms and conditions. Nominators must facilitate the Sponsors in coordinating with an authorized representative of the selected Nominees to complete the inspection and (as applicable) installation procedures set out below. Nominees must meet all eligibility criteria set out below, and nominations must meet all requirements set out in these Program terms and conditions, to be eligibile in the Program (determined at Sponsors’ sole and absolute discretion).
Eligibility Criteria. A nominee (“Nominee”) must meet all of the following eligibility criteria:
- The Nominee must be: (i) a United States charitable organization as defined by the Internal Revenue Code Section 501(c)(3) and operate in Florida, Maine, Louisiana, Arizona, California and Wisconsin; or, (ii) a Canadian registered charity and operate in British Columbia.
- As of the beginning of the Nomination Period, the Nominee must have an existing commercial refrigeration system (i.e. walk-in cooler or freezer, reach-in cooler) in which the condensing unit and/or unit cooler is in need of replacement or have the need for a commercial refrigeration system.
- Employees, directors and officers of Nominee must not be an employee, officer or director (or an immediate family member or live in the same household, whether or not related) of Sponsors, any participating Distributor’s installation contractor, or their respective parent companies, subsidiaries, affiliates, retailers, wholesalers, distributors (including the retailers, wholesalers and distributors themselves), vendors, public relations, advertising or promotion agencies (collectively, the “Program Parties”). “Immediate family” is defined as biological or adoptive parents, siblings, children and spouse.
- The Nominee must agree to be bound by these terms and conditions. In addition, the Nominee must agree to sign a Recipient Declaration of Eligibility if the Nominee is selected as a recipient; and the Nominee must agree to sign a Recipient Publicity Release and Liability Waiver allowing Sponsors to use the nomination and the Nominee’s (and, if applicable, any individual designee’s) name and likeness and images of the Nominee’s facility for publicity purposes without compensation (unless prohibited by law) if the Nominee is selected as a recipient. The Recipient Declaration of Eligibility and the Recipient Publicity Release and Liability Waiver are collectively referred to as the “Recipient Forms”.
- As part of the selection process, if so requested, the Nominee must allow Distributors or Distributors’ representatives access to Nominee’s facility to inspect the facility and (as applicable) Nominee’s current refrigeration system to determine need for, and suitability for, a refrigeration system through this Program.
- The Nominee must provide evidence of ownership of the building where the equipment will be installed, or consent of landlord for such building, sufficient to permit the Nominee to accept installation of the replacement commercial refrigeration system.
- If selected as a recipient, the Nominee must allow Sponsors or Sponsors’ representatives access to Nominee’s facility to install the commercial refrigeration system during the Intall Period (defined below).
- If selected as a recipient, the Nominee must be available during installation of their refrigeration equipment on the install date agreed upon by such Nominee and the Sponsors.
- The Nominee must have had a significant positive impact on the community, as determined in the sole discretion of the Sponsors.
- The Nominee must be able to demonstrate that replacing the Nominee’s refrigeration equipment would be a significant financial hardship to the Nominee. As part of the selection process, if so requested, the Nominee will be required to provide a Heatcraft representative documentation proving financial need.
- No funds, compensation or indemnity will be provided by Sponsors for payment of taxes, if applicable, or any other financial impact resulting from the receipt or use of the commercial refrigeration equipment and installation.
IMPORTANT NOTE: To submit a nomination, a Nominator must have been provided from an authorized representative of the applicable Nominee: (i) authorization for the Nominee to be nominated in the Program and for the Nominator to submit all required information about the Nominee to the Sponsors for the purposes of the Program, (iii) confirmation that the Nominee agrees to be legally bound by these Program terms and conditions and accept the Refrigeration System (defined below) if selected as a recipient; and, (iii) confirmation that the authorized representative, on the Nominee’s behalf and their own behalf, agrees to execute the Recipient Forms in the event that the Nominee is determined to be eligible to receive the Refrigeraton System. An authorized representative of a Nominee must: (i) be a resident of Canada or the US and have reached the legal age of majority in their jurisdiction of residence; and (ii) have the unencumbered authority and permission to legally bind the Nominee – including, without limitation, to these Program terms and Conditions and to the Recipient Forms (if applicable).
Selection Process and Criteria. The Sponsors will select up to three (3) finalists from all nominations received during the Nomination Period for each participating Distributor (“Finalists”). The number of Finalists chosen will vary by Distributor location, based on the number of nominations received and caliber of nominations received based on the criteria set out below. Selection criteria (weighted equally) will include:
- a Nominee’s need for commercial refrigeration equipment,
- degree of financial hardship and
- significance of community impact.
Distributors or their representatives willrequire an inspection of Finalists’ facilities for suitability as part of the final recipients selection process. Sponsors will then select one (1) recipient per participating Distributor, based on the above criteria and inspection (each, a “Recipient”). Sponsors may also elect not to select any Recipient to receive the commercial refrigeration equipment if no Nominee meets the selection criteria and qualifies for the Refrigeration System based on the inspection. Selection of the Recipients shall be at the sole discretion of the Sponsors. Recipient selection and notification will take place on or around February 28, 2024. Installation of the equipment, if any, will take place on a mutually agreed to date following February 28, but no later than June 30, 2024 (the “Install Period”), unless otherwise agreed to in writing by Heatcraft.
New Commercial Refrigeration Equipment Details: Selected Recipients will each be given one (1) Heatcraft-branded refrigeration system (including, but not limited to a condensing unit, unit cooler and intelliGen refrigeration controller) appropriate for Recipient’s facility, and installation of the system (collectively, the “Refrigeration System”). The Refrigeration System shall consist of either a Heatcraft medium temperature condensing unit and evaporator with intelliGenTM refrigeration control (approximate retail value $21,967 U.S.D). In addition, the equipment will be covered by Heatcraft’s standard Limited Warranty that accompanies such equipment. Nothing else is included.
The Program is subject to change upon notice at HTTP://WWW.COOLTOBEKIND.HEATCRAFTRPD.COM. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, (I) FOR US PARTICIPANTS, THE PROGRAM SHALL BE GOVERNED BY THE LAWS OF THE STATE OF GEORGIA, WITHOUT REGARD TO ITS CONFLICT OF LAWS RULES AND VENUE FOR ANY ACTIONS HEREUNDER SHALL BE IN THE APPROPRIATE STATE OR FEDERAL COURT LOCATED IN ATLANTA, GA; AND (II) FOR CANADIAN PARTICIPANTS, THE PROGRAM SHALL BE GOVERNED BY THE PROVINCIAL LAWS OF ONTARIO AND THE FEDERAL LAWS OF CANADA APPLICABLE THEREIN, WITHOUT REGARD TO ANY CONFLICT OF LAWS RULES, AND THE VENUE FOR ANY ACTIONS HEREUNDER SHALL BE IN THE APPROPRAITE PROVINCIAL OR FEDERAL COURT LOCATED IN TORONTO, ONTARIO.
This Program is subject to all applicable federal, state/provincial/territorial and municipal laws. The decisions of the Sponsors with respect to all aspects of this Program, including without limitation the eligibility of Nominees, Nominators, nominations and/or any other Program-related information submitted, are final and binding on all participants without right of appeal. Anyone deemed by the Sponsors to be in violation of the Sponsors’ interpretation of the letter and/or spirit of these terms for any reason is subject to disqualification in the sole and absolute discretion of the Sponsors at any time. The Sponsors reserve the right to cancel, amend or suspend the Program, or to amend these terms, in any way without prior notice or obligation, in the event of any accident, printing, administrative, or other error of any kind, or for any other reason whatsoever.