The undersigned acknowledges that he/she has entered the Air Experts Cares Promotion (the “Promotion”) Sponsored by American Residential Services, LLC and its subsidiaries (“Sponsor”) and has been declared a Nominee in the Promotion, subject to restrictions and conditions as described in the Official Terms and Conditions (a copy of which is attached hereto) and completion of this Acknowledgement and Release Form.  The undersigned acknowledges that he/she has read the Official Terms and Conditions and agrees to abide by the Terms and Conditions set forth therein, as well as the terms below.  Undersigned acknowledges and agrees that the Promotion has been administered in accordance with the Official Rules and Regulations.
 
The undersigned further represents that he/she has fully complied with the Official Terms and Conditions of the Promotion and has committed no fraud or deception in entering the Promotion or claiming any prize.  The undersigned further represents that as of the date he/she entered this Promotion and the date of this Affidavit and Release, the undersigned was at least 18 years of age and otherwise eligible to participate in accordance with the Official Terms and Conditions. 
 
Sponsor makes no representation regarding the tax consequences or liability arising from your participation in the Promotion.  You understand and agree that any and all tax liability that may be due or become due because of the services or equipment referenced above is your sole responsibility, and that you will pay any such taxes that may be due or become due.  Sponsor shall have no monetary liability or obligation regarding payment whatsoever (other than delivering the services and equipment herein).  You agree to bear all tax consequences, if any, attendant upon the receipt of the above-recited services and equipment.  You further agree to hold the Sponsor harmless from and against any tax or tax withholdings claims, amounts, interest, penalties, fines or assessments brought or sought by any taxing authority or governmental agency with regard to the above recited sums.  In the event Sponsor receives written notice that any claim or assessments for taxes, withholding obligations, penalties and/or interest arising out of this settlement are being or will be made against Sponsor, Sponsor shall promptly, after receipt of such written notice, notify you.
 
To the fullest extent allowed by applicable law, you release and discharge the Sponsor and its respective parents, subsidiaries, affiliates, employees, officers, members, directors, advertising and promotion agencies, and other sponsors from and against any and all manner of action, causes of action, suits, debts, covenants, contracts, claims and demands, including legal fees and expenses, whatsoever including but not limited to claims based on negligence, breach of contract and liability for physical injury, death, or property damage which the undersigned or his/her administrators, heirs, successors or assigns might have or could have, by reason of or arising out of the undersigned’s participation in the Promotion and/or in connection with the acceptance, use or misuse by the service or equipment in any way related to the Promotion, including, without limitation, property damage, death, and bodily injury, due in whole or in part, directly or indirectly, to participation in the Promotion or any Promotion-related activity. By entering the Promotion, entrant agrees that any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs, excluding attorney’s fees, disbursements or court costs.  You hereby waive any and all rights to claim any punitive, incidental, and consequential damages against Sponsor.
 
The undersigned agrees and acknowledges that the prizes awarded in this Promotion do not include any registration, taxes, insurance, utility or other charges, personal expenses, gratuities, incidental charges, or any other item or expense not specifically described above, and all expenses for any of the foregoing are the sole responsibility of the undersigned.  The undersigned agrees that the prize is provided “AS IS” and “WITHOUT WARRANTY” to the extent allowed under applicable law. Specifically, the Sponsor has not made and is not responsible for any representations or warranties, express or implied, relative to the prize. 
 
The undersigned acknowledges that he/she has read this Acknowledgement and Release and the Terms and Conditions above prior to signing this Acknowledgement and Release and that he/she is fully familiar with the contents thereof.
 
BY SUBMITTING THIS FORM, I AM SUBMITTING THIS AFFIDAVIT AND RELEASE WITH THE UNDERSTANDING THAT IT WILL BE RELIED UPON TO DETERMINE MY ELIGIBILITY IN THE PROMOTION.