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ELIGIBILITY: SWEEPSTAKES IS OPEN TO LEGAL RESIDENTS OF TEXAS, AS OF 12:00 AM. Central Standard Time on June, 1, 2016 and 12:00 P.M. Central Standard Time on August 31, 2016 (the "Measure Period"). Employees of First Choice Power, LP ("Sponsor" or "FCP" ) and its respective parents, divisions, affiliates, subsidiaries, promotional or marketing agencies, and their immediate family members (parent, child, sibling and spouse) and persons living in the same households of each such employee (whether related or not) are not eligible. Void where prohibited by law.
Potential winners will be selected in 3 random drawings conducted on or about June 30, 2016, July 29, 2016, August 31, 2016 and the grand prize winner will be selected in the final drawing on August 31, 2016 ("Sweepstakes Drawings") by an employee of the Sponsor among all the eligible entries received. AMOE entries must contain all entry fields to be entered, otherwise void.
Ten (10) winners in a random drawing will receive a "free week of electricity" delivered as a $35.00 bill credit from Sponsor and One (1) Grand Prize Winner in a random drawing will receive a year of free electricity from Sponsor valued at an approximate retail value of $1,500.00 which will be delivered as up to $125 bill credit a month for a total of 12 months ("Prize"). (The aggregate retail value of all the Prize is $2,550.00.)
All Prizes are awarded "AS IS" and without guaranty, representation or warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). Sponsor is not responsible for any costs of switching to Sponsor, inability of winners to accept or utilize any Prize. Sponsor reserves the right to substitute a prize of equal or greater value for any reason. Prizes displayed on promotional materials are not necessarily the exact prizes being offered and may not reflect the actual prize delivered to the winner. Lost or stolen Prizes will not be replaced.
To be eligible to receive any Prize, you must meet the eligibility requirements at time the Prize is awarded. All participants must remain on flow through the Measure Period and continue to be a First Choice Power customer until Prize is applied. All qualifying applicants will automatically be placed in the pool of eligible participants in the drawing. The date and time tracked by the Company shall be conclusive evidence of the date and time that any applicant enrollment is submitted. Any dispute regarding the timing of a submission of an application shall be determined by and in the sole discretion of Sponsor. You may win more than one Prize. Prize winners for the Sweepstakes Drawings will receive credit applied directly to their account. Prize is not transferable and no cash will exchange. Electricity will be billed at the then current rates, at the time of consumption. You are not obligated to remain a FCP customer after receipt of the Prize and may close your account at any time as may be provided in any contractual relationship with FCP. If the residential service account covered by the prize credit is terminated, closed, switched, or cancelled for any reason other than a move to another residential account in the FCP service territory, the remaining unused balance of the prize credit will be forfeited At the conclusion of the service, any unused portion of the value will be forfeited. In the event of a move within the FCP Service Territory, Prize credit may be transferred to a new account in winner's name upon a 14 days notice to FCP. Any depiction of prizes in Sweepstakes materials or otherwise, are for illustrative purposes only. All federal, state, local or other taxes arising from participation in the Sweepstakes or award of the any prize including, without limitation, income taxes are the sole responsibility of the Prize winners.
By accepting a Prize, except where legally prohibited, you grant permission for Sponsor and its designees to use your name, address (city and state), photograph, voice and/or other likeness and Prize information for advertising, trade and promotional purposes relating to this Sweepstakes, without further compensation, in all media now known or hereafter discovered, worldwide in perpetuity, without notice or review or approval. The Prize, a bill credit, is subject to terms and conditions set by the merchant who issues the bill credit. Your use or attempted use of the credit Prize is subject to the Sponsor, administration, management, operation and provision of the applicable third party merchant. Any and all terms and conditions for use and expiration of gift cards/bill credit are the sole responsibility of the particular merchant(s) or Sponsor and you are strongly encouraged and advised to review such terms and conditions as and when provided by such merchant(s). In no event will Sponsor be responsible for those terms and conditions or any lack of provision thereof. The applicable merchant is solely responsible for any and all claims concerning its bill credits, or any of its products or services purchased with such bill credits, whether in contract, warranty, or tort. You are expressly advised that expiration policies and non-usage fees may apply to bill credit rewards.
The prize recipients will be selected by a random drawing to be conducted by an employee of the Sponsor on or about June 30, 2016, July 29, 2016, August 31, 2016 from among all eligible automatic and mailed entries received. The odds of winning a Prize depend upon the total number of entries received during the promotion period. These Official Rules shall govern this Sweepstakes and shall be binding and enforceable with regard to all participants. Only one prize will be awarded Privacy: Your participation in this Sweepstakes constitutes your consent for Sponsor and Administrator (if any) to use your personal information only for the purpose of administering the Sweepstakes and awarding the Prizes, unless you have opted to receive e-mail communications from Sponsor. For information regarding the Direct Energy policy, please visit http://www.directenergy.com/privacy-policy.
By entering, entrants agree to be bound to the decisions of the Sponsor, which will be final and binding in all respects. Potential winners will be required to sign and return an Affidavit of Eligibility, Address Confirmation and a Publicity/Liability Release by the return date specified in the prize notification letter, or he or she will forfeit his or her respective Prize. All Prizes will be delivered after verification of eligibility within 10 business days. Failure to sign and return the required documentation within the specified time in the prize notification letter, or to comply with any terms or condition of these Official Rules, may result in potential winner's disqualification, forfeiture of his or her interest in the Prize, and the award of the Prize to an alternate potential winner. Potential winners may waive their rights to receive Prizes. No Prize transfers, substitutions, assignment, exchange or cash redemptions or cash equivalents are permitted except at the sole discretion of Sponsor. In the event of such a forfeiture, or if a potential winner is unreachable, the prize notification letter is returned as undeliverable, or if a potential winner declines acceptance of the Prize, the Sponsor has a right to randomly draw for an alternate potential winner in a random drawing among the remaining eligible entries. Prizes may be subject to U.S. withholding taxes. Winners are solely responsible for reporting and payment of any taxes on Prizes (federal, provincial, state and local).
No mailed or automated entries made using any script, macro, sweepstakes service, automated entry software, or facsimiles will be accepted. All entries are subject to verification prior to awarding the Prize. By entering, participants release and hold harmless Sponsor and Administrator and their parents, subsidiaries, affiliates, directors, officers, employees and agents from all and any injury, damage, loss, expense, accident, delay, inconvenience, or irregularity arising out of or relating to this Sweepstakes and the Prize won, even if caused by the negligence of Sponsor. Sponsor is not responsible for printing or typographical errors in any Sweepstakes-related materials; for lost, stolen, late, misdirected, damaged, incomplete, illegible, or postage-due mail, or for transactions that are lost or fail to enter the processing system, are processed, reported, or transmitted late, or are lost for any reason including computer, telephone, paper, or any other malfunction including human error. Proof of submission does not constitute proof of receipt of entry.
If for any reason the system software portion of the Sweepstakes is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor or its affiliates that corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, Sponsor, at its sole discretion, reserves the right to cancel, terminate, modify, or suspend the Sweepstakes. Sponsor has the right to disqualify any individual who tampers with the entry process. If the Sweepstakes is cancelled for any reason before completion of the promotion period, all entries received up to the point of termination will be included in a random drawing to award the Prizes. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications-line failure, theft or destruction, or unauthorized access to or alteration of entries. Sponsor is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment or software, or for failure of any automatic entry to be received by Sponsor on account of technical problems or traffic congestion on the system, or any combination thereof - including any injury or damage to participant's or any other person's computer related to or resulting from participation or downloading any materials in this Sweepstakes. Sponsor in its sole discretion, reserves the right to cancel, terminate, modify, or suspend the Sweepstakes.
ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS' FEES) TO THE FULLEST EXTENT OF THE LAW.
The Sweepstakes and the official rules shall be governed according to the laws of Texas, without regard to principles of conflicts of laws. All claims, actions or suits must be brought in a court of competent jurisdiction in Harris County, Houston, Texas.
The failure of Sponsor and Sweepstakes Administrator to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities — outside of the control of the Sponsor and Administrator (excepting compliance with applicable codes and regulations) — or other force majeure event will not be considered a breach of these Official Rules.
For a list of each winner's first name, last initial, city and state, send a self-addressed, stamped envelope to be received by November 1, 2016 to: Direct Energy Power to Win: Free Electricity Sweepstakes Winners, 12 Greenway Plaza, Houston, Texas 77046.
© 2016 First Choice Power PUCT #10008