Oncall Air Customer First Award Program Terms & Conditions
Introduction: PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY PARTICIPATING IN THE ONCALL AIR CUSTOMER FIRST AWARD PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT PARTICIPATE IN THIS PROGRAM.
Eligibility: The OnCall Air Customer First Award Program (“Award Program”) is open only to nominators who are legal residents of the fifty (50) United States and/or the District of Columbia, who are at least 18 years of age (19 in AL and NE, 21 in MS) or older (each, a “Nominator”). Nominators may nominate a business that is operating within the fifty (50) United States and/or the District of Columbia and that is actively using the OnCall Air platform as of the time of nomination (each, a “Candidate”). Eligible businesses must remain active OnCall Air platforms users throughout the review process in order to remain eligible as a Candidate, and to potentially be selected as an Honoree (defined below).
Sponsor: Watsco Ventures LLC, 2665 South Bayshore Drive, Suite 901, Coconut Grove, FL 33133 (“Sponsor”).
Timing: The Award Program begins on August 1, 2023 at 9:00 a.m. Eastern Time (“ET”) and shall continue on an ongoing basis unless and until Sponsor determines that no future Awards will be provided, at which time any current nominations will be reviewed and considered, and future nominations will no longer be accepted (the “Awards Period”). Upon nomination, Candidates will be reviewed via the review process explained below within four (4) weeks of their nomination. Candidates selected to receive the Award will be notified within four (4) weeks of selection. Honorees shall be notified of their selection via email.
Award Frequency: Candidates may receive the OnCall Air Customer First Award (the “Award”) once per calendar year. Limit one (1) Award per Candidate per year. There is no minimum or maximum number of awards that will be distributed by Sponsor in any given year; rather, the number of awards presented each year will be based on timely nominations and the Candidate review and selection process explained below. In the event that no nominations are received, or that none of the Candidates meet the minimum criteria to receive an award, Sponsor reserves the right to not present an award.
Yearly Application: Selected Honorees (defined below) will receive the Award and award-related materials for the year in which Candidate won the award. Upon selection as an Honoree, at the conclusion of each calendar year, the Honoree will be reevaluated by Sponsor to determine whether Honoree continues to meet the criteria necessary to receive an additional Award for the following calendar year. If so, the Honoree will receive an Award, and associated Award materials, for the subsequent calendar year. If the Honoree does not meet the criteria to receive an Award, the Honoree will maintain their original Award(s) status but will not be eligible to receive an Award for the subsequent calendar year.
How to Enter: During the Awards Period, you can nominate an eligible Candidate by completing and submitting the nomination form (“Nomination Form”) available at https://www.oncallair.com/customer-first. To complete the form, you must provide all required information, including the Candidate company name, company owner first and last name, company email and phone number, and your relationship to Candidate. Upon nomination, Candidates will be placed in a queue for review by Sponsor. Your nomination will be referred to as your submission (“Submission”). Submissions shall only be accepted using the Nomination Form. Any Submissions that are provided in any manner except for the manner explained here will not be accepted.
After you have submitted your Submission, the Candidate may be notified via email or telephone call, requesting acceptance of your nomination. Your Submission will not be considered approved and will not be included in the Award Program unless and until the Candidate accepts the nomination. To accept the nomination, the Candidate must respond to the Sponsor’s email and accept the nomination within thirty (30) days. Nominator and Candidate may be asked to provide further information or documentation sufficient for Sponsor to confirm identity and eligibility. Nominator and Candidate may opt out of the Award Program at any time.
By uploading your Submission, you agree that your Submission conforms to the Guidelines and Content Restrictions provided below (collectively, the “Guidelines and Restrictions”). Sponsor, in its sole discretion, may remove or reject your Submission and disqualify you from the Award Program if it believes that your Submission fails to conform to the Guidelines and Restrictions.
Submission Guidelines:
Submission form must be completed in its entirety and all required information must be provided;
Submission must be in English.
Content Restrictions:
The Submission must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
The Submission must not disparage Sponsor or any other person or party affiliated with the Awards;
The Submission must not contain brand names or trademarks other than those owned by Sponsor, which Nominator has a limited license to use to incorporate in his/her Submission in this Awards;
The Submission must not contain images or artwork not created by Nominator;
The Submission must not contain material that is inappropriate, indecent, obscene, hateful, tortious, defamatory, or libelous;
The Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and
The Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any state where Submission is created.
By participating in the Awards, each Nominator warrants and represents that his/her Submission is original, has not been previously published or won any award, does not contain any material that would defame or otherwise violate or infringe upon the rights of any third party, including patents, copyrights, trademarks or rights of privacy or publicity, and will not violate any federal, state or local laws or ordinances. Nominator further warrants and represents that he/she has secured the requisite consent from any third party referenced in the Submission. Sponsor reserves the right in its sole and unfettered discretion to disqualify any Submission that it believes contains obscene, offensive or inappropriate content, that does not comply with these Terms and Conditions or that is not consistent with the spirit or theme of the Award Program. All Submissions become the property of Sponsor when submitted and will not be acknowledged or returned to the relevant Nominator.
Limit: Each Nominator may only submit one (1) Awards Submission for each Candidate per calendar year. Once submitted, unless the Nominator or the Candidate requests that the Submission be withdrawn, the Submission will be retained by Sponsor and may be considered again for future Sponsor-issued awards. Submissions generated by script, macro or other automated means are void. Uploading a Submission constitutes Nominator’s grant to Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Submissions in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. If requested, Nominator shall sign any documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights Nominator is granting to use the Submission. Released Parties (as defined below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected Submissions; all of which will be void.
Normal Internet access, phone, and usage charges imposed by your online or phone service provider may apply. In the event of a dispute as to any Submission, the authorized account holder of the email address used to submit the Submission will be deemed to be the Nominator and must comply with these Terms and Conditions. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each Nominator may be required to show proof of being an authorized account holder.
Sponsor also reserves the right to nominate Candidates, at its discretion, for review and eligibility to receive an Award.
Assessment Criteria: The OnCall Air Customer First Award acknowledges Candidates who a.) successfully leverage technological innovation in their business, including through the use of OnCall Air, b.) uphold outstanding reputations, and c.) establish a strong, positive identity in their local area. Assessments based on these criteria are conducted using a scorecard rating system. Candidate(s) may be selected to receive the Award (each, an “Honoree”) in accordance with the process set forth below:
Within four (4) weeks of nomination of a Candidate, a review committee comprised of Sponsor’s employees and selected by Sponsor in its sole discretion (the “Committee”) will review and evaluate the Submissions and nominations received as they relate to the indicated Candidate.
The Committee will review and evaluate each Candidate on a scorecard system, reviewing the following: 1) Consumer reviews, 2) Years in business, 3) Digital reach, 4) Time on OnCall Air, 5) Proposal quality, 6) Utilization frequency, 7) Feature adoption, and 8) Awards and HVAC certifications.
A Candidate who scores at least 45 points and above will be determined to be a potential Honoree, pending verification of eligibility.
Upon selection as a potential Honoree, such potential Honoree will be contacted by Sponsor, and must sign and return the Declaration of Eligibility and Publicity Release, as discussed below, in order to receive the Award.
Notwithstanding anything contained herein, Sponsor expressly reserves the right to identify and select other Candidates which may, from time to time, be discovered by Sponsor through its own efforts. Any such Candidates will be evaluated through the same process, as listed above.
Reassessment In Subsequent Years: Each Award is specific to the year in which it is presented. An Honoree who receives an Award in a given calendar year will be reassessed by Sponsor on or about one (1) month prior to the yearly anniversary date of Honoree’s receipt of the Award to determine whether Honoree continues to meet the original criteria necessary in order to receive an additional Award for the subsequent calendar year. The receipt date shall be considered the date that Sponsor receives all signed documentation related to the Award, including the Declaration of Eligibility and Publicity Release. If Honoree meets the necessary criteria, the Honoree will receive an Award, and associated Award materials, for the subsequent calendar year. For example, if an Honoree receives an Award on February 1, 2024, that Honoree will be reassessed by Sponsor on or about January 1, 2025 to determine whether Honoree qualifies to receive an Award for use in 2025. If the Honoree does not meet the criteria to receive an Award, the Honoree will maintain their original Award(s) status designated for the year in which it was received, but will not be eligible to receive an Award for any subsequent calendar year unless such Honoree is renominated, reevaluated, and found by Sponsor to meet the assessment criteria.
Award Description: Each Honoree of the Award Program will receive recognition as a recipient of the Award for the year in which it was presented, an opportunity to participate in a video interview (“Video Interview”), and digital assets from Sponsor’s team that will be shareable through the Honoree’s marketing channels. These assets include: 1.) a Customer First Honoree web badge that can be shared on Honoree’s website and inside their OnCall Air proposals awards section, 2.) a spotlight page on https://www.oncallair.com/customer-first featuring Honoree’s video interview and a linkback to their business website, and 3.) shareable social posts. OnCall Air will also host and manage each Honoree’s spotlight page and announce Honoree through Sponsor’s social channels.
Video Interview: Honorees will be given the opportunity to participate in either a virtual or in-person recorded Video Interview, where Sponsor will interview a designated representative or representatives of Honoree to answer various questions relating to Honoree’s business and business practices. To participate, a qualified, designated officer of Honoree must provide the name(s) of any representatives, and those representatives must sign and complete a General Media Authorization and Release prior to participation in the Video Interview. This video will be incorporated into the Honoree’s spotlight page on Sponsor’s website, available at https://www.oncallair.com/customer-first . Participation in the Video Interview constitutes participant’s and Honoree’s grant to Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display, such Video Interview, including participant’s name, image, voice, and overall likeness, in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes, without compensation to Honoree. If requested, potential Honoree shall sign any documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights granted to Sponsor to use the Video Interview.
Award Exclusions: Businesses and individuals who are not actively utilizing the OnCall Air platform, and/or who are have ceased usage of OnCall Air, and/or who have retired from operation as a business associated with OnCall Air, and/or who maintain a compromised or negative business reputation, at Sponsor’s discretion, are not eligible to participate in this Award Program and are not eligible to receive a nomination or Award through this Award Program. Honorees that cease to be active users of the OnCall Air platform will not be eligible for receipt of the Award for any subsequent years, unless and until they reactivate their use of the OnCall Air platform.
Change in Honoree Business Ownership: In the event that an Honoree’s company is sold, provided that the new proprietor continues usage of OnCall Air, the award status shall remain undisturbed for the remainder of the relevant calendar year. Reassessment of award status will be conducted by Sponsor at the conclusion of the applicable calendar year, and Sponsor retains the right to renew or revoke the award status, at Sponsor’s sole discretion.
Revocation of Award: Sponsor reserves the right to revoke Honoree’s Award if Honoree ceases use of the OnCall Air platform, and/or engages in conduct that is unbecoming of an Award recipient, at Sponsor’s sole discretion. Such conduct may include, but is not limited to: persistent misuse of OnCall Air Customer First’s marks, including the OnCall Air Customer First Award name and logo; failure to provide timely payment for any selected OnCall Air services; and fraudulent reporting and/or a lack of compliance with any applicable state and/or local licensing laws that relate to and/or govern the professions and trades applicable to Honoree and Sponsor.
In the event that Honoree’s Award is revoked, Honoree must immediately cease all use of OnCall Air Customer First marks, logos, and descriptions, including those related to this Award Program. Honoree may no longer represent that Honoree was selected as a recipient of the Award.
Intellectual Property: Watsco Ventures is the owner of the OnCall Air Customer First Award Honoree logo and all other related logos, marks, copy, and intellectual property. Watsco Ventures expressly prohibits the use of any or all of its logos without prior written consent.
EXCEPT WHERE PROHIBITED BY LAW, PARTICIPATION IN THIS AWARD PROGRAM, INCLUDING THE NOMINATION OF A CANDIDATE, THE ACCEPTANCE OF A NOMINATION, THE PARTICIPATION IN ANY REVIEW PROCESS, AND THE PARTICIPATION IN ANY VIRTUAL OR IN-PERSON VIDEO INTERVIEWS, CONSTITUTES PARTICIPANT’S AND/OR HONOREE’S PERMISSION AND GRANT TO SPONSOR (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSOR) AND ITS DESIGNEES THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST AND USE, WORLDWIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING, BUT NOT LIMITED TO, THE WORLD WIDE WEB, AT ANY TIME OR TIMES, THE PARTICIPANT’S OR HONOREE’S NOMINATION, VIDEO INTERVIEW, NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, OPINIONS AND BIOGRAPHICAL INFORMATION (INCLUDING, BUT NOT LIMITED TO, HOMETOWN AND STATE), AWARD INFORMATION, QUOTES ATTRIBUTABLE TO HONOREE OR PARTICIPANT, AND ANY OTHER ELEMENTS OF HONOREE’S PERSONA FOR ADVERTISING, TRADE AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HONOREE’S AND/OR PARTICIPANT’S NAME ON ONCALL AIR AND AT HTTP://WWW.ONCALLAIR.COM/CUSTOMER-FIRST WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION OR NOTIFICATION, INCLUDING IN A LIST TO BE USED BY SPONSOR AND ITS DESIGNEES AND ITS PARTNERS TO RE-TARGET ENTRANTS VIA EMAIL OR ANY SPONSOR APP, UNLESS PROHIBITED BY LAW.
General Conditions: Sponsor reserves the right in its sole discretion to cancel, suspend and modify the Award Program, or any part of it, for any reason including but not limited to if any fraud, technical failures, human error or any other factor impairs the proper functioning or integrity of the Award or Award Program, as determined by Sponsor in its sole discretion. If Award Program or any part of it is terminated, Sponsor may, in its sole discretion, determine the Honoree(s) from among all non-suspect, eligible Submissions received up to time of such action using the review procedure outlined above. Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the Submission process or the operation of the Award Program or to be acting in violation of the Terms and Conditions of this or any other program or promotion offered or administered by Sponsor, or in an unsportsmanlike or disruptive manner, and to void all associated Submissions. Any attempt by any person to deliberately undermine the legitimate operation of the Award Program may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies (including attorneys’ fees) from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Terms and Conditions shall not constitute a waiver of that provision.
Release and Limitation of Liability: BY PARTICIPATING IN THE AWARD PROGRAM, NOMINATORS AND CANDIDATES AGREE THAT SPONSOR AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, SUPPLIERS, AGENTS, REPRESENTATIVES, DISTRIBUTORS, ADVERTISING, PROMOTIONAL, AND PUBLIC RELATIONS AGENCIES, LEGAL COUNSEL, AND SUPPLIERS, AND EACH OF THEIR RESPECTIVE PARENT COMPANIES AND EACH SUCH COMPANY’S OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”), WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY NOMINATORS AND/OR CANDIDATES AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE AWARDS, SUBMISSION, OR PARTICIPATION IN THE AWARDS OR IN ANY AWARDS-RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY AWARD CANNOT BE AWARDED DUE TO DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM. BY PARTICIPATING IN THE AWARDS, NOMINATORS AND CANDIDATES AGREE THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF ANY INTERNET SITES ASSOCIATED WITH THE AWARD PROGRAM OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SUCH SITES.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THE AWARD PROGRAM, INCLUDING ANY INTERNET SITE ASSOCIATED WITH THE AWARD PROGRAM AND ALL HONOREE AWARDS, IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by Nominator and/or Candidate, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Award Program; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the Submission process or the Award Program; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Award Program, the uploading, the processing or review of Submissions, the announcement of the awards or in any Award Program-related materials; (5) late, lost, undeliverable, misdirected, damaged or stolen mail, or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Released Parties are not responsible for any unauthorized third party use of any Submission.
Nature of Relationship/Waiver of Equitable Relief: Each Nominator understands and acknowledges that Sponsor has wide access to ideas, designs, and other materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each Nominator also acknowledges that many ideas may be competitive with, similar or identical to the Submissions of others in theme, idea, format or other respects. Each Nominator acknowledges and agrees that they will not be entitled to any compensation as a result of Sponsor’s use of any such similar or identical material. Each Nominator acknowledges and agrees that the Sponsor does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submissions. Finally, each Nominator acknowledges that, with respect to any claim by them relating to or arising out of Sponsor’s actual or alleged exploitation or use of any Submissions or other material submitted in connection with the Awards, the damage, if any, thereby caused to the applicable Nominator will not be irreparable or otherwise sufficient to entitle such Nominator to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the Submissions or any material based on or allegedly based on the Submissions, and the Nominator’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
Disputes: Except where prohibited, Nominator, Candidate and Honoree agree that: (1) any and all disputes, claims and causes of action arising out of or connected with the Awards or any award awarded shall be resolved individually, without resort to any form of class action, and exclusively by the U.S. District Court for the Southern District of Florida, or in the event that such court cannot or will not exercise jurisdiction, in the state courts of Miami-Dade County, Florida; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Awards, but in no event attorneys’ fees; and (3) under no circumstances will Nominator, Candidate or Honoree be permitted to obtain awards for, and they hereby waive all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of the Nominator, Candidate and Honoree and Sponsor in connection with the Awards, shall be governed by, and construed in accordance with, the laws of the State of Florida without giving effect to any choice of law or conflict of law rules (whether of the State of Florida or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Florida.
Personal Information: Information collected from the Nominator and/or Candidate is subject to Sponsor’s Privacy Policy, which is available at https://www.oncallair.com/privacy-policy
Honoree List: For the names of Honorees, visit https://www.oncallair.com/customer-first. The Honorees names will be posted after Honoree confirmation is complete.
Questions: For any questions regarding this Award Program, please contact our Marketing Department by emailing us at marketing@watscoventures.com
