Terms and Conditions

Xylem Inc. ("Xylem" or “We”) offers environmental advocates (“Participants” or “You”) the opportunity to participate in our Water Heroes grand prize contest (the “Contest”). We reserve the right to amend or terminate the Contest at any time, for any reason. The Contest is administered by Xylem.

You are bound by these Terms and Conditions by participating in the Contest. By participating in the Contest, Participants agree to use the Contest in the manner specified in these Terms and Conditions. If you do not agree to these Terms and Conditions in their entirety, you are not authorized to submit nominations, accept a nomination, or to participate in the Contest in any other manner. You may not participate in the Contest where doing so would be prohibited by any applicable law or regulations.

Persons under the age of 18 are eligible to participate in the Contest, so long as they comply with any and all applicable laws in their local region.

We reserve the right to modify or amend these Terms and Conditions and/or the methods through which Rewards are earned at any time. We reserve the right to disqualify anyone from participation in the Contest at any time at our sole discretion, including without limitation if he/she/they do not comply with any of these Terms and Conditions or otherwise fail to comply with any applicable laws (including, without limitation, through any failure to include any disclosures as required by the FTC or otherwise required by Xylem).

 

I. How the Contest Works

A. Contest Participation, Generally

  1. To participate in the Contest, you should visit YSI.com/CWA-Water-Heroes and follow the on-screen instructions to nominate friends, colleagues, or even yourself by submitting a nomination form with accurate contact information and background information in the relevant fields.
  2. Individuals who receive a nomination via step A1 are "Nominees" (or, singly, a “Nominee”). An "Eligible" Nominee who is fully compliant with these Terms and Conditions may receive "Reward(s)" if selected as one of three “Water Hero Finalists” by the Xylem team by September 30th, 2022 (all terms in quotes to be understood as defined below).
  3. By submitting a nomination in the Contest, a Participant represents that he/she/they have their Nominee’s prior consent to provide their contact information.

B. Making a Nomination

  1. A Participant must visit YSI.com/CWA-Water-Heroes to make a nomination. No previous purchase is required (purchasers and non-purchasers alike are eligible). Once a Participant nominates a person, he/she/they will be will be contacted if their Nominee is selected as one of Xylem’s three Water Hero Finalists by September 30th, 2022.  
  2. Participants must respect the spirit of the Contest by only nominating real individuals who meet the requirements of these Terms and Conditions. Participants CAN nominate themselves.

C. Water Hero Finalists

Three Water Hero Finalists will be chosen by Xylem in this contest. A “Water Hero Finalist” means that all the following conditions are met:

  1. A Participant submitted a valid and accurate nomination at YSI.com/CWA-Water-Heroes for an eligible Nominee who is fully compliant with these Terms and Conditions.
  2. The Nominee was selected as a finalist by Xylem based on certain criteria, including their level of environmental advocacy, their ingenuity in meeting their environmental goals, and the overall impact of their work on their local community, region, or the world.
  3. The Nominee accepts their selection as a “Water Hero Finalist” and agrees and grants Xylem Inc., and its subsidiaries, (“Xylem”) the following rights by signing a Right of Publicity General Release, as applicable:
    1. Xylem may take or use photographs or video that may contain your likeness, as well as the likeness or image of your property (the “Photographs”);
    2. Xylem may take, record, publish or obtain testimonials or other statements from the Nominee (the “Statements”); and
    3. Xylem may use, copy, modify, adapt, distribute, publish, display, exhibit and otherwise use, either in whole or in part, the Photographs and/or Statements for commercial and business purposes in one or more film, video, or multimedia productions; and/or on Xylem’s websites and/or in any educational, advertising, marketing and promotional materials.
  4. The Nominee is a legal resident of the United States of America or Canada.

E. Winning Rewards

  1. By September 30th, 2022, three Water Hero Finalists will be selected. The general public will vote from October 1st, 2022 to October 18th, 2022 on YSI.com to determine which of the three finalists will win the “Water Hero Grand Prize.”
  2. The Water Hero Finalist with the most votes when the voting window closes at 11:59PM ET October 18th, 2022 will win the Water Hero Grand Prize, which is the choice of one of three available prize packages valued at up to $10,000. Restrictions may apply and Water Hero Grand Prize packages may change at any time at Xylem’s discretion.
  3. The two Water Hero Finalists with the least number of total votes, once voting concludes on October 18th, 2022, will receive a consolation reward. This consolation reward may be redeemed in various forms at Xylem’s sole discretion, including, but not limited to in the form of an eCommerce credit to YSI.com. Restrictions may apply.

F. Verified Nominees and Rewards

  1. Nominees and Rewards are subject to verification. Xylem may delay a Reward for the purposes of investigation. Xylem may also refuse to verify and process any nomination or reward Xylem deems, in its sole discretion, to be fraudulent, suspicious, in violation of these Terms and Conditions, or believes will impose potential liability on Xylem, its subsidiaries, affiliates or any of their respective officers, directors, employees, representatives and agents. All of Xylem’s decisions are final and binding, including decisions as to whether a Reward is verified.
  2. Rewards will be distributed at the sole discretion of Xylem, likely in early 2023.

II. Privacy.

You may participate in the Contest made available by Xylem to nominate a friend, colleague, or yourself as a Water Hero. To do this, Participants must necessarily submit personal information about themselves and their Nominees, such as name and e-mail address information, so that Xylem can send communications to the Nominee on your behalf. The personal information will be collected, processed and used in accordance with Xylem’s Privacy Statement, which can be found at Xylem.com/en-us/support/privacy/. Participants understand that, in addition to the initial communications to the Nominees, Xylem may also use the personal information to send to Nominees additional follow-up communications on behalf of the Participant in order to encourage or remind them to accept their nomination. The personal information may also be used by Xylem to contact you with regards to your participation in the Contest and to send additional communications from Xylem.

III. Content Ownership and Use.

A. Xylem’s online platforms and the Contest contain content that includes: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other content (collectively, "Content"). As between Participants and Xylem, all Content is the property of Xylem or its licensors and is protected under copyright, trademark, and other laws. The compilation (meaning the collection, arrangement, and assembly) of all Content on Xylem’s online platform or the Contest is the exclusive property of Xylem and is protected by copyright, trademark, and other laws.

B. License to You

  1. Xylem authorizes you, subject to these terms, to access and use Xylem’s online platform, the Contest, and the Content solely for your personal, noncommercial use. This license is revocable at any time without notice and with or without cause. Unauthorized use of the Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original Content on any copy you make of it.

C. Trademarks

  1. The registered or unregistered logos, product and service names contained in Xylem’s online platform or the Contest are or may be trademarks of Xylem or its licensors (the "Marks"). Without Xylem’s prior written permission, and except as solely enabled by any link as provided by Xylem, you agree not to display or use in any manner the Marks.

D. User-Submitted Content

  1. The registered or unregistered logos, products,s and service names contained in Xylem’s online platform or the Contest are or may be trademarks of Xylem or its licensors (the "Marks"). Without Xylem’s prior written permission, and except as solely enabled by any link as provided by Xylem, you agree not to display or use in any manner the Marks.

IV. Liability.

A. By participating in the Contest, Participants agree to:

  1. Be bound by these Terms and Conditions, the decisions of Xylem and its designees, and the Privacy Policy of Xylem;
  2. Defend, indemnify, release and hold harmless Xylem, its parent companies, affiliates, and subsidiaries, together with their respective employees, directors, officers, licensees, licensors, shareholders, attorneys, and agents including, without limitation, their respective advertising, and promotion entities and any person or entity associated with the production, operation or administration of the Program (collectively, the "Released Parties"), from any and all claims, actions, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, in connection with, or related to your participation in the Contest (including, without limitation, any property loss, damage, personal injury or death caused to any person(s) and/or the awarding, receipt and/or use or misuse of the Program or any Reward); and

B. Xylem shall not be liable for:

  1. Late, lost, delayed, stolen, misdirected, incomplete, unreadable, inaccurate, unreliable, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission;
  2. Telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors;
  3. Data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials;
  4. Any printing, typographical, administrative or technological errors in any websites or materials associated with the Water Heroes contest; or
  5. Claims, demands, and damages in disputes among Participants or between Participants and Nominees; or
  6. Any other injuries, losses or damages of any kind resulting from acceptance, possession or use of a reward, or from participation in the Contest, that were not reasonably foreseeable to Xylem at the relevant time.

C. Xylem disclaims any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with the Contest, and reserves the right, in its sole discretion, to cancel, modify or suspend the Contest should a virus, bug, computer problem, unauthorized intervention or other cause beyond Xylem’s control corrupt the administration, security or proper operation of the Contest.

D. Xylem shall not be liable to any Participant or Nominee for failure to supply any Reward or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasigovernmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, tornado, tsunami, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slowdown, civil disturbance, insurrection, riot, or any other similar or dissimilar cause beyond any of the released parties' control.

E. Xylem reserves the right to cancel or suspend the Contest should Xylem determine, in its sole discretion, that the administration, security or fairness of the Contest has been compromised in any way.

F. Disclaimer of Warranties

  1. PARTICIPANTS EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE CONTEST IS AT YOUR SOLE RISK; THE CONTEST IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND XYLEM EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND TERMS (COLLECTIVELY, "PROMISES") OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR CUSTOM, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED THROUGH THE USE OF THE CONTEST, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT; (B) XYLEM MAKES AND GIVES NO WARRANTY THAT (i) THE CONTEST WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (ii) THE RESULTS OBTAINED FROM THE USE OF THE CONTEST WILL BE ACCURATE OR RELIABLE, (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE CONTEST WILL MEET YOUR EXPECTATIONS, AND (iv) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE CONTEST IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.

G. Limitation of Liability and Indemnification

  1. PARTICIPANTS EXPRESSLY UNDERSTAND AND AGREE THAT XYLEM (INCLUDING ANY VENDORS AND SERVICE PROVIDERS ASSOCIATED WITH OR ASSISTING IN PROVIDING THE PROGRAM) SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF XYLEM WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE CONTEST; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE CONTEST; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR THROUGH THE CONTEST; OR (v) ANY OTHER MATTER RELATING TO THE CONTEST. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
  2. TO THE FULLEST EXTENT POSSIBLE BY LAW, XYLEM'S (INCLUDING ANY VENDORS AND SERVICE PROVIDERS) MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE CONTEST, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), SHALL NOT EXCEED $2000 USD.
  3. PARTICIPANTS SHOULD SUBMIT NOMINATIONS TO THE CONTEST AT THEIR OWN RISK.

V. Conduct.

A. If a solution cannot be found to restore the integrity of the Contest after the occurrence of Prohibited Conduct (as defined below), Xylem reserves the right to cancel, change, or suspend the Program.

B. Prohibited Conduct, Generally

  1. Participants agree not to use the Contest to:
  2. Violate applicable law;
  3. Infringe the intellectual property rights of Xylem or any third parties;
  4. Stalk, harass, or harm another individual;
  5. Collect or store personal data about other Participants or Nominees;
  6. Impersonate any person or otherwise misrepresent a Participant or Nominee’s identity;
  7. Interfere with, disrupt or violate the Terms and Conditions or servers or networks connected to the Contest; or disobey any requirements, procedures, policies, or regulations of such networks;
  8. Interfere with another Participant or Nominee’s use of the Contest;
  9. Attempt to gain unauthorized access to the Contest, other accounts, computer systems, or networks connected to the Contest;
  10. Transmit any file that contains viruses, worms, trojan horses, or any other contaminating or destructive features;
  11. Conduct any illegal activity or solicit the performance of any illegal activity or other activity that infringes the rights of others;
  12. Resell, barter, trade, auction or otherwise generate income by providing access to the Contest to others.

C. Bulk Distribution ("Spam")

  1. If a Participant provides a Personal Link to YSI.com/CWA-Water-Heroes to a friend or colleague by email, the email must be created and distributed in a personal manner that is appropriate and customary for communications with friends or colleagues.
  2. Bulk nominations, distribution to strangers, or any other promotion of the Contest in a manner that would constitute or appear to constitute unsolicited commercial email or "spam" in Xylem’s sole discretion is expressly prohibited and may be grounds for immediate termination of participation in the Contest. Xylem has a no-tolerance spam policy.
  3. Xylem has no obligation to monitor the content provided by Participants; however, Xylem may choose to do so and block any email messages, remove any such content, or prohibit any use of the Contest.
  4. Participants who do not comply with the law, including antispam laws, are obligated to indemnify Xylem and all of the Released Parties against any liabilities, costs and expenses incurred as a results of such violation.

D. Fraudulent and Suspicious Behavior

  1. Xylem may prohibit a person from participating in the Contest or receiving a Reward, in Xylem’s sole discretion, if Xylem determines that such person is attempting to undermine the fairness, integrity or legitimate operation of the Contest in any way by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other Participants, Nominees, Water Hero Finalists, or any representatives of Xylem.
  2. Use of any affiliate website, affiliate network properties, automated systems, script, or macro to participate is strictly prohibited and will result in disqualification.
  3. Participants may not enter with multiple or fake emails addresses or accounts, use fictitious identities or use any system, bot or other device or artifice to participate in the Contest or receive a Reward.
  4. Xylem reserves the right to disqualify any Nominee and/or cancel any Reward(s) if Xylem finds a Participant or Nominee to be tampering with the submission process or the operation of the Contest or violating these Terms and Conditions in any way.
  5. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE CONTEST. SHOULD SUCH AN ATTEMPT BE MADE, XYLEM RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

VI. Suggestions and Submissions.

A. Xylem appreciates hearing from users and welcomes your comments regarding the Contest. Please be advised, however, that Xylem does not accept or consider creative ideas, suggestions, inventions, or materials ("Creative Ideas") other than those which we have specifically requested. While Xylem values your feedback on the program, please be specific in your comments and do not submit Creative Ideas. If, despite this request, you send Xylem Creative Ideas, Xylem:

  1. Shall own, exclusively, all now known or later discovered rights to the Creative Ideas;
  2. Shall not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any Creative Ideas; and
  3. Shall be entitled to unrestricted use of the Creative Ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.

VII. Applicable Law; Arbitration; Class Waiver; and Waiver of Jury Trial.

A. Any and all disputes, claims and causes of action arising out of or related to the Contest or any Reward or other prize awarded pursuant to the Contest or to this agreement shall be resolved under New York law (without reference to its conflicts of laws principles).

B. Participants and Xylem agree to submit to the personal and exclusive arbitration of any disputes relating to the use of Xylem’s online platform or the Contest under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted within New York County in the state of New York. Referrers covenant not to sue or otherwise bring a claim against Xylem in any other forum.

C. Referrers also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to Participants’ or Nominees’ use of the Content or this agreement:

  1. PARTICIPANTS AND NOMINEES ARE GIVING UP THEIR RIGHT TO HAVE A TRIAL BY JURY; and
  2. PARTICIPANTS AND NOMINEES ARE GIVING UP THEIR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.

VIII. General Terms.

A. These terms constitute the entire agreement between Participants, Nominees, and Xylem concerning the use of the Contest. The failure of Xylem to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision. If any provision of these terms is found by a court of competent jurisdiction to be invalid, Xylem, Participants, and Nominees nevertheless agree that the court should endeavor to give effect to the intentions reflected in the provision, and that the other provisions of these terms shall remain in full force and effect. The section titles in these terms are for convenience only and have no legal or contractual effect. A person who is not a party to these terms shall have no right to enforce or receive the benefit of any of these terms.