PUBLIC ALLIANCE FOR COMMUNITY ENERGY PRIZE PACK SWEEPSTAKES Official Rules

Transcription

1 PUBLIC ALLIANCE FOR COMMUNITY ENERGY PRIZE PACK SWEEPSTAKES 2018 Official Rules NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VALID ONLY IN NEBRASKA. VOID IN ALL OTHER STATES AND COUNTRIES AND WHERE PROHIBITED. BLACK HILLS GAS DISTRIBUTION, LLC OR ITS SUCCESSOR IS NOT AFFILIATED WITH SPONSORSHIP OF THE PUBLIC ALLIANCE FOR COMMUNITY ENERGY PRIZE PACK SWEEPSTAKES CHOICE GAS IS A REGISTERED TRADEMARK OF SOURCEGAS, LLC. 1. Eligibility: The Public Alliance for Community Energy ( Sponsor ) Sweepstakes is open to any Person, as defined below. A Person is defined as a natural person who as of March 26, 2018 is at least nineteen (19) years of age. The following are not eligible to win the Public Alliance for Community Energy Sweepstakes: (i) Employees of the Nebraska Municipal Power Pool, (ii) employees and officials of any municipality that is a full or associate member of the Public Alliance for Community Energy, and (iii) persons who are members of the immediate family of, and living in the household of, any of the employees or officials described above. Participation in the Sweepstakes constitutes your full and unconditional agreement to, and acceptance of, these Official Rules. Winning a prize is contingent upon fulfilling all requirements set forth herein. Void where prohibited or restricted by law. 2. Sweepstakes Period: This Sweepstakes begins on March 26, 2018 at 8:00:00 a.m. Central Time ( CT ) and ends on April 6, 2018 at 12:00:00 Noon CT ( Sweepstakes Period ) and will be conducted in a series of two (2) random drawings. Round 1 begins on March 26, 2018 at 8:00:00 a.m. CT and ends on March 30, 2018 at 12:00:00 Noon CT. Round 2 begins on April 2, 2018 at 8:00:00 a.m. CT and ends on April 6, 2018 at 12:00:00 Noon CT. The Website server s clock is the official clock for this Sweepstakes. 3. Method of Entry: To enter, visit (the Website ) during the Sweepstakes Period and follow the instructions in the post posted on or about 8:00:00 a.m. CT on March 26, 2018 for Round 1, and/or on April 2, 2018 for Round 2, by liking the post to receive one (1) entry into the Sweepstakes. Maximum limit of one (1) entry per person per Round. Entries from one Round are not carried over to the next Round. Any form of entry other than that described herein is void. Entrants who do not follow all of the instructions or abide by these Official Rules or other instructions of Sponsor may be disqualified. Should multiple users of the same Facebook account enter the Sweepstakes and a dispute thereafter arises regarding the identity of the entrant, the authorized account holder of said Facebook account at the time of entry will be considered the entrant. Authorized account holder is defined as the natural person who is assigned an address by an Internet access provider, on-line service provider or other organization which is responsible for assigning addresses or the domain name associated with the submitted address. Automated entries are prohibited, and any use of automated devices may cause disqualification. 4. Drawing: For each Round, one potential winner will be selected in a random drawing, conducted by an employee or agent of the Sponsor among all the eligible entries. The

2 random drawing for Round 1 will be conducted on or before April 2, The random drawing for Round 2 will be conducted on or before April 9, Prizes: For each Round, one (1) winner will receive a Prize Pack containing the following items with an approximate retail value of Twelve Dollars ($12) USD: One (1) hat, one (1) cup, and one (1) USB wall charger. The total approximate retail value of all prizes is Twenty Four Dollars ($24) USD. PRIZES ARE AWARDED "AS IS" AND WITHOUT 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 inability of winner to accept or utilize any prize. 6. Winner Notification and Acceptance: Sponsor will tag the potential winner on Facebook on the Sweepstakes post. For Round 1, the potential winner will be tagged on or before April 2, For Round 2, the potential winner will be tagged on or before April 9, Potential winner must contact Sponsor and provide a mailing address and sign any and all required documentation described below, by 5:00:00 p.m. CT on the date which is twenty-one (21) days after the date Sponsor tags the potential winner on its Facebook page. If the Potential Winner is found to be ineligible or not in compliance with these Official Rules, declines to accept the prize, or Sponsor is unable to contact the Potential Winner despite reasonable efforts to do so, as determined in the Sponsor s sole and absolute discretion, or in the event that a prize notification or prize is returned undeliverable, the prize may be forfeited at the Sponsor s sole and absolute discretion. Any unclaimed prize will not be awarded. Sponsor is not responsible for any change of mailing address, address, and/or telephone number of entrants. By participating, entrants agree to be bound to the decisions of the Sponsor, which will be final and binding in all respects. Potential winner may be required to sign and return an Affidavit of Eligibility, a Publicity/Liability Release and other documentation by the twenty-first (21 st ) day after Sponsor posts the potential winner s name on Sponsor s Facebook page, or he or she will forfeit his or her respective prize. Potential winner may waive his or her right to receive prizes. No prize transfers, substitutions, assignment, exchange or cash redemptions or cash equivalents are permitted except by Sponsor who may, at its sole discretion, substitute prize with one of equal or greater value if the advertised prize, or any portion thereof, becomes unavailable for any reason. Winner will be responsible for all taxes on the prize. 7. Odds: Odds of winning depend upon the total number of eligible entries. Each entry will have an equal chance of winning. 8. Limitations of Liability and Release: Sponsor and its agents are not responsible for any problems that may arise, including but not limited to: (a) entries that are late, lost, illegible, contain false information, damaged, misdirected, mutilated, incomplete, altered or otherwise irregular, or otherwise do not conform with or satisfy any or all of the conditions set out in the Official Rules, (b) incorrect or inaccurate information, whether caused by printing errors, customers, or by any of the equipment, hardware or software associated with or utilized in the Sweepstakes, (c) postal delays, strikes or failures. If, for any reason, the Sweepstakes is not capable of being conducted as planned, including, but not limited to, infection by computer viruses, bugs, tampering, unauthorized intervention, fraud, technical failures, or other causes beyond the control of Sponsor, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend

3 the Sweepstakes. Sponsor also reserves the right, in its sole discretion, to disqualify any individual found to be violating these Official Rules or suspected of attempting to disrupt or defraud the entry process or the operation of the Sweepstakes, including, but not limited to, the use of any robotic, automated, macro, script, or program, and Sponsor may prosecute or seek other legal redress against anyone suspected of engaging in these acts. Failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. By participating in the Sweepstakes, you agree to release the Public Alliance for Community Energy and the Nebraska Municipal Power Pool, their respective officers, directors, employees and agents from any and all liability for any claims, costs, injuries, losses or damages of any kind caused by (i) your participation in this Sweepstakes, including without limitation with respect to the awarding, receipt, use, or misuse of any prize; or (ii) any sponsorship or administration of the Sweepstakes. 9. Privacy: Any personal information collected is subject to Sponsor s Privacy Policy as follows. Sponsor collects information as outlined in this Privacy Policy in order to administer this Sweepstakes and to deliver the products and services that you request and to help us improve your experience with us. Any information you provide to Sponsor may be used to communicate with you in relation to the Sweepstakes, natural gas service, and the Nebraska Choice Gas Program. As a condition of entering the Sweepstakes, you give consent for Sponsor to obtain and deliver your name, address and other information to third parties for the purpose of administering this Sweepstakes and your participation in the Nebraska Choice Gas Program, if applicable, as well as complying with applicable laws, regulations and rules. We may disclose or otherwise make available information we have gathered during this Sweepstakes, including personally identifiable information, to service providers that assist us with our business operations, including provision of the natural gas services. We require our service providers to keep your information secure and confidential. Sponsor may release personally identifiable information and/or non-personally identifiable information if required to do so by law, or in the good-faith belief that such action is necessary to comply with a court order. Sponsor also reserves the right to disclose personally identifiable information that Sponsor believes, in good faith, is appropriate or necessary to enforce these Official Rules, take precautions against liability, or to investigate and defend itself against any third-party claims or allegations. 10. BINDING ARBITRATION: Participants agree that any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or any prize awarded shall be resolved by mediation, and if necessary, binding arbitration in the State of Nebraska. Grievances, disputes or disagreements regarding the Sweepstakes shall be subject to the dispute resolution mechanism described in this section. The first step to resolve any dispute shall be initiated by a written statement from the complaining party, with a request for discussion between the representative designated by the Chairperson of Sponsor and the representative of the entrant. Such meeting shall occur within thirty (30) days following the receipt of the written statement setting forth the issue in dispute. In the event such meeting does not produce a resolution of the dispute, then either party may within sixty (60) days following the date of the written statement require non-binding mediation. The parties shall select a mutually acceptable mediator, and the two representatives, one representative designated by the Chairperson of Sponsor and one representative designated by the entrant, shall then meet with the mediator to review the issues in dispute. The mediator shall provide a written report to the parties. The parties shall use their best efforts in good faith to provide for such meeting on an expedited

4 basis. The mediator shall provide the mediation report to the parties within ninety (90) days following the date of the written statement setting for the dispute. In the event that an agreement cannot be reached, the dispute may be submitted to arbitration for a binding resolution under the rules of the American Arbitration Association. Any and all claims and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes but in no event attorneys fees, and under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to, claim punitive, incidental and consequential damages and any other damages, other than out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES. BY PARTICIPATING IN THE SWEEPSTAKES, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY ENTRANT. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant s rights and obligations, or the rights and obligations of the Public Alliance for Community Energy in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Nebraska, without giving effect to any choice of law or conflict of law rules which would cause the application of the laws of any jurisdiction other than those of the State of Nebraska. 11. Winner s Consent: By accepting any prize, winner consents to use of name, photograph, likeness, testimonial and biographical information for advertising and promotional purposes online and in print, or in any other media worldwide in connection with the Sweepstakes, without limitation or notice to, or further consent of, and without additional compensation worldwide, in perpetuity, except where prohibited by law. 12. Winner List and Official Rules: For the list of the winners and/or a copy of these Official Rules, send a self-addressed, stamped envelope to: ACE Prize Pack

5 Sweepstakes 2018, Public Alliance for Community Energy, 8377 Glynoaks Drive, Lincoln, NE Requests must be received by May 15, A copy of the Official Rules is also available by visiting by May 15, Sponsor: Public Alliance for Community Energy Prize Pack Sweepstakes 2018 is sponsored by the Public Alliance for Community Energy. Black Hills Gas Distribution, LLC or its successor is not affiliated with sponsorship of the Public Alliance for Community Energy Prize Pack Sweepstakes This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook or Instagram. You understand that you are providing your information to the Public Alliance for Community Energy and not to Facebook or Instagram. By entering this Sweepstakes, you agree to release Facebook and Instagram from any and all liability.