XCEL ENERGY / COLORADO ROCKIES LIGHTING SWEEPSTAKES OFFICIAL RULES NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES
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XCEL ENERGY® / COLORADO ROCKIES LIGHTING SWEEPSTAKES OFFICIAL RULES NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. SWEEPSTAKES IS OPEN ONLY TO LEGAL U.S. RESIDENTS OF COLORADO AT LEAST 18 YEARS OF AGE OR OLDER. VOID WHERE PROHIBITED. WINNER MAY BE REQUIRED TO EXECUTE PRIZE ACCEPTANCE DOCUMENTS AND RETURN THEM WITHIN FIVE (5) DAYS FROM DATE OF ISSUANCE OF NOTIFICATION, AS MORE FULLY DETAILED BELOW. BY ENTERING, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES. SPONSOR: Public Service Company of Colorado, an Xcel Energy Company, 1800 Larimer St, Denver, Colorado 80202 (“Xcel Energy” or “Sponsor”). ELIGIBILITY: The Xcel Energy / Colorado Rockies Lighting Sweepstakes (“Sweepstakes”) is open only to legal U.S. residents of Colorado, age 18 and over at the time of entry. Employees, officers, directors, members, managers, representatives and agents of the Colorado Rockies Baseball Club, Ltd., Coors Field, Xcel Energy, Tigris Sponsorship & Marketing, Inc., Major League Baseball Enterprises, Inc., each of their respective parent companies, subsidiaries, affiliates, distributors, suppliers, third party administrators and advertising, promotional or judging agencies (collectively, the “Released Parties”) and immediate family and household members (whether or not legally related) of such persons are not eligible to win. For the purposes of this Sweepstakes, “immediate family member” means any spouse, partner, parent, legal guardian, sibling, child, grandparent, or grandchild, regardless of where they reside. HOW THE PROMOTION WORKS: Immediately following the Colorado Rockies game at Coors Field on June 24, 2014 (the “Game”), Xcel Energy will be handing out up to 30,500 LED light bulbs (LIMIT: One per eligible person, regardless of participation method), to persons upon exiting the stadium. YOU MAY BE GIVEN A LIGHT BULB BY XCEL ENERGY EVEN THOUGH YOU ARE NOT ELIGIBLE TO PARTICIPATE IN THIS SWEEPSTAKES. PLEASE REVIEW THE ELIGIBILITY REQUIREMENTS ABOVE TO DETERMINE IF YOU ARE ELIGIBLE. If the bulb lights up blue, red or green when inserted into a light fixture and turned on, it is notice that the entrant to whom that bulb was distributed is a potential ‘winner’. To claim a prize and begin the verification process, the potential winner must call the telephone number on the bulb package (800-294-9420) on or before July 15, 2014 at 2:59:59 pm MDT as described below in the section labeled “Winner Notifications/Releases” section. Eligible individuals who do not have a ticket to the Game and who have not already received a light bulb in this Sweepstakes may obtain one (1) light bulb for this Sweepstakes (while supplies last): (1) outside Coors Field during or directly following the Game at any gate or (2) by calling 303-ROCKIES on June 25, 2014 between 09:00:00 am MDT and 05:00:00 pm MDT. Light bulbs requested via telephone will be provided as follows (while supplies last): for in-person pick up at the Administration Office at Coors Field or other location as determined by the Colorado Rockies. 1
PRIZES; ODDS: A maximum total of four (4) prizes in this Sweepstakes will be awarded (two (2) Grand Prizes, one (1) First Place Prize and one (1) Second Place Prize), and the aggregate approximate retail value (“ARV”) of all prizes to be awarded in this Sweepstakes is $5,500. Odds of winning a prize in this Sweepstakes through the light bulb-based entry method depend on the number of bulbs actually distributed. In the event that all 30,500 available bulbs are distributed, the odds of winning a prize in this Sweepstakes will be 4 out of 30,500 notices (bulbs) distributed. Two (2) Grand Prizes will be awarded; one (1) for each blue light bulb. Each grand prize consists of and is limited to twelve (12) Private Suite tickets including Sponsor-selected snacks and beverages provided in the suite to the game on September 16, 2014 at Coors Field or such other regular season game as selected by Sponsor in its sole discretion. The grand prize does not include any food, beverages, parking, or other items, costs or expenses not specified in these Official Rules as being part of the grand prize, and all such other items, costs and expenses are the winners’ sole responsibility. ARV of each grand prize: $2,500. No responsibility is assumed by Sponsor for canceled, delayed, suspended or rescheduled events. Sponsor reserves right to select dates and seating. Tickets subject to the terms, conditions, limitations and restrictions thereof. Odds of winning a grand prize are 2 out of 30,500 notices (bulbs) distributed. One (1) First Place Prize for the one (1) red light bulb will be awarded. The first place prize consists of and is limited to the opportunity for the one (1) first place prize winner or one (1) of winner’s guests to throw out the first pitch, opportunity for winner and three (3) guests to view pre-game batting practice from an on-field location, and four (4) Lower Level tickets to the game on September 16, 2014 at Coors Field or such other regular season game as selected by Sponsor in its sole discretion. The first prize does not include any food, beverages, parking, or other items, costs or expenses not specified in these Official Rules as being part of the first place prize, and all such other items costs and expenses are the winners’ sole responsibility. ARV: $250. No responsibility is assumed by Sponsor for canceled, delayed, suspended or rescheduled events. Sponsor reserves right to select dates and seating. Tickets subject to the terms, conditions, limitations and restrictions thereof. Odds of winning the first prize are 1 out of 30,500 notices (bulbs) distributed. If neither winner nor any of winner’s guests is able or willing to throw the first pitch or if winner is unable to view pre-game batting practice, that portion of the prize will not be awarded and no substitute or replacement will be provided. One (1) Second Place Prize for the one (1) green light bulb will be awarded. The second place prize consists of and is limited to the opportunity for winner and three (3) guests to have a pregame meet and greet with a current Rockies player from an on-field location and four (4) Lower Level tickets to the game on September 16, 2014 at Coors Field or such other regular season game as selected by Sponsor in its sole discretion. The second prize does not include any food or beverages, parking, or other items, costs or expenses not specified in these Official Rules as being part of the second place prize, and all such other items costs and expenses are the winners’ sole responsibility. ARV: $250. No responsibility is assumed by Sponsor for canceled, delayed, suspended or rescheduled events. Sponsor reserves right to select dates and seating. Odds of winning the second prize are 1 out of 30,500 notices distributed. If winner is unable or unwilling to attend the meet and greet, that portion of the prize will not be awarded and no substitute or replacement will be provided. The following applies to all prizes: Tickets are a revocable license and are subject to the terms, conditions, limitations, and restrictions specified thereon. No transportation is included as a part of 2
any prize in this Sweepstakes. LIMIT: One (1) prize per person in this Sweepstakes, regardless of method of entry. Prize claims will be verified by, among other things, the color of the bulb and a code printed on the base of the light bulb, and a participant may be required to present the original undamaged and functioning prize winning bulb to Sponsor or its representative for verification prior to the awarding of the prize. As described below in the Winner Notifications/Releases section, all participants and claims are subject to verification prior to the awarding of a prize, as are the eligibility, age and other claims of/information provided by a potential prize winner. Participants must cooperate with Sponsor and its representatives in connection with any and all verification activities. GENERAL CONDITIONS: Prizes must be accepted as awarded or they will be forfeited. Prizes are awarded “AS IS” with no warranty, representation, or guarantee, express or implied, in fact or in law, made by Sponsor or for which Sponsor shall be liable, including, without limitation, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. No substitution of the prizes is offered, no transfer of prize to a third party is permitted, and prizes may not be redeemed for cash value (all unless otherwise agreed by Sponsor in its sole discretion). Unused portions of an awarded prize will be forfeited and have no cash value and, for clarity, are not subject to the second chance drawing. Prize winner will be responsible for paying all applicable federal, state and local taxes on prizes based on the values as set forth in these rules; if applicable, winner will receive an IRS Form 1099 for the retail value of the prize. Sponsor reserves the right to substitute the stated prizes and award prizes of comparable or greater value for any reason, including, without limitation, if published prizes are unavailable as determined by Sponsor. Winners waive the right to assert as a cost of winning a prize any and all costs of verification and redemption or travel to redeem the prize. Void wherever prohibited or restricted by law. No groups, clubs, newsletters or organizations may participate in this Sweepstakes or reproduce or distribute any portion of these rules. By participating, each entrant agrees to abide by and be bound by these Official Rules and the decisions of Sponsor (including, without limitation, decisions regarding eligibility of entries, the selection of entrants and the winners, and the awarding of the prizes), which are final and binding in all respects. In the event of a dispute as to any prize, Xcel Energy reserves the right to determine the applicable winner by any manner determined to be fair by Xcel Energy in its sole discretion. Sponsor will not replace any lost, mutilated, or stolen prizes or prize elements or any prizes that are undeliverable or do not reach any winner because of an incorrect or changed address. ERRORS: If by reason of printing, mechanical, technical, human or other error, more prizes are claimed in a prize category than the number for such prize category set forth in these Official Rules, all eligible participants making purportedly valid claims in such prize category will be included in a random drawing to award the number of prizes set forth in these Official Rules for such prize category or the remainder of such unawarded prizes, as applicable. No more than the number of prizes per prize category set forth in these Official Rules will be awarded in this Sweepstakes. Inclusion in such drawing shall be each participant's sole and exclusive remedy under such circumstances. SECOND CHANCE ENTRY: Time permitting, in the event any prize is not claimed or is otherwise forfeited, Xcel Energy will conduct a second chance drawing to award the remaining prizes. To enter the second chance drawing (should a drawing be held), eligible entrants (as described in “Eligibility” above) may go on-line to www.ResponsibleByNature.com (“Sweepstakes Site”) and follow the on-screen links and instructions to submit the second chance drawing entry form, including, without limitation, providing all required information. Entry into the second chance 3
drawing begins at 6:40:00 pm MDT on June 24, 2014, and ends at 2:59:59 pm MDT on July 15, 2014 (“Second Chance Entry Period”). LIMIT: One (1) entry per person and per email address in the second chance drawing, regardless of the number of prizes not claimed or forfeited (if any). For each prize available in the second chance drawing (if any), one (1) potential winner will be randomly selected from all eligible entries received during the Second Chance Entry Period. The second chance drawing will be held between approximately July 15, 2014, and July 21, 2014, depending on whether Sponsor has timely received prize claims from potential winners identified through the light-bulb method that remain in the verification process. Odds of winning a prize in the second chance drawing will depend on the number of entries received and the number of unclaimed or otherwise forfeited prizes. The second chance drawing will ONLY be held if any Grand Prize, First Place Prize and/or Second Place Prize is unclaimed or forfeited prior to the drawing date for the second chance drawing. Entries into the second chance drawing must be received during the Second Chance Entry Period through the Sweepstakes Site and in strict accordance with the instructions and restrictions on the Sweepstakes Site and in these Official Rules. An entry is “received” when the Sweepstakes Site’s servers actually record submission your completed entry form. Other proof of submitting an entry (such as a printed or copied confirmation screen or message) does not constitute actual receipt of the entry for purposes of this Sweepstakes. Entries may not be made jointly or by any group and may only be made by an individual. Entries may not be acknowledged and will not be returned. Facsimiles, mechanical reproductions, alterations, garbled, incomplete, misdirected, lost, late, mutilated, or forged entries, or entries generated by a macro, bot, or other automated means will not be accepted and are void. Those who do not follow all of the instructions, provide the required information in their entry, or abide by these Official Rules will be disqualified. Entries submitted on your behalf by any other individual, by you on behalf of another, or by any entity, and/or entries originating at any website other than through the Sweepstakes Site, including, without limitation, commercial promotion subscription notification and/or entering service sites, will be declared invalid and disqualified for this Sweepstakes. CONDUCT: Failure to comply with these Official Rules may result in disqualification and, if applicable, forfeiture of any prize. Xcel Energy reserves the right at its sole discretion to disqualify any individual found to be tampering with the entry process or the operation of the sweepstakes; or to be acting in any manner deemed by Xcel Energy to be in violation of the Official Rules; or to be acting in any manner deemed by Xcel Energy to be unsportsmanlike or disruptive, or with intent to annoy, abuse, threaten or harass any other person. If Sponsor determines, at any time and in its sole discretion, that a winner or potential winner, is disqualified, ineligible, or in violation of these Official Rules, Sponsor reserves the right to disqualify that person and select an alternate winner (time permitting), even if the disqualified winner’s or potential winner’s name may have been displayed or announced. CAUTION: ANY ATTEMPT BY A USER OR ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, XCEL ENERGY RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON UP TO THE FULLEST EXTENT PERMITTED BY LAW. RELEASE AND LIMITATION OF LIABILITY: BY PARTICIPATING IN THE SWEEPSTAKES, YOU AGREE TO IRREVOCABLY RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS THE RELEASED PARTIES FROM AND AGAINST ALL CLAIMS, DAMAGES OR LIABILITIES ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM YOUR PREPARATION FOR, PARTICIPATION AND/OR ENTRY IN, OR TRAVEL TO THE SWEEPSTAKES OR ANY SWEEPSTAKES-RELATED EVENT AND/OR AWARD, RECEIPT, USE OR MISUSE OF ANY 4
BULB DISTRIBUTED OR ANY PRIZE AWARDED IN THE SWEEPSTAKES, INCLUDING, WITHOUT LIMITATION, ANY INJURY, DEATH, OR DAMAGE TO PERSON OR PROPERTY. EACH WINNER ACKNOWLEDGES THAT HE OR SHE IS SOLELY RESPONSIBLE FOR ANY ACTIONS, CLAIMS, OR LIABILITIES OF HIS/HER GUESTS RELATED TO THE SWEEPSTAKES OR ANY SWEEPSTAKES-RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ACTIONS, CLAIMS, OR LIABILITIES ARISING FROM OR RELATED TO GUEST’S ATTENDANCE AT THE PRIZE BASEBALL GAME. Released Parties assume no responsibility and will not be liable for any of the following, whether caused by a Released Party, the entrant, or by human or other error: (a) entries submitted by illegitimate means or any unauthorized human or other intervention in the Sweepstakes; (b) technical, printing, typographical, or other errors; (c) lost, late, misdirected, garbled, illegible or undeliverable entries, mail, or email or postage-due mail; (d) viruses, computer hardware or software errors, or other technical or mechanical malfunctions of any kind; (e) interrupted or unavailable cable, telephonic, or satellite systems or network or Internet service provider connections; (f) technical or human errors in the administration of the Sweepstakes or the processing of entries; or (g) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from your participation in the Sweepstakes or receipt, use or misuse of any bulb or prize (including, without limitation, preparing for, participating in, and/or traveling to any prize- or promotion-related activity). You further agree that in any cause of action arising out of or related to this Sweepstakes, the Released Parties’ liability will be limited to the cost of entering and participating in the Sweepstakes (which, for clarity, does not include the price of admission to or travel to the game), and you hereby waive all rights to claim, punitive, incidental, consequential or special damages, lost profits and/or any other damages. In no event shall any Released Party be liable for attorneys’ fees. You also agree that your remedies in any such action are limited to a claim for money damages (if any) and you irrevocably waive any right to seek injunctive or equitable relief. If, for any reason, the Sweepstakes is not capable of running as planned for reasons which may include without limitation, tampering, unauthorized intervention, fraud, technical failures discovery of manufacturing error or other malfunction of the game piece light bulbs, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, then Xcel Energy reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes in whole or in part and award the prizes from among all non-suspect, eligible entries received for the second chance drawing prior to the cancellation, termination, modification, or suspension or as otherwise deemed fair by Sponsor in its sole discretion. Without limiting the foregoing, Sponsor may modify the Sweepstakes schedule should the Game fail to take place as scheduled due to inclement weather or for any other reason. If any provision of these Official Rules shall be found unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision shall be deemed severable from these Official Rules and shall not affect the validity and enforceability of any remaining provisions. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules will otherwise remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to insist upon or enforce strict performance of any provision of these Official Rules shall not be construed as a waiver of any provision or right. No waiver of any term or condition of these Official Rules shall be deemed a further or continuing waiver of such term or condition or any other term or condition. In the event of an alleged or actual ambiguity, discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes materials and the terms and conditions of these Official Rules, it will be resolved in Sponsor’s sole discretion. EACH ENTRANT ACKNOWLEDGES THAT IF HE/SHE IS CHOSEN AS THE WINNER, CERTAIN OF HIS/HER 5
IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES AT LEAST AS REQUIRED BY LAW INCLUDING, WITHOUT LIMITATION, ON THE WINNER’S LIST. WINNER NOTIFICATIONS/RELEASES: Potential prize winners identified through the light bulb method of entry will need to call the toll-free number for this Sweepstakes, 800-294-9420, by the deadline specified above with the bulb in hand and read a code listed on the base of the bulb to claim their prize and begin the verification process. The prize claim telephone line will be staffed only during select business hours. If you are a potential winner calling to claim a prize, please leave a voicemail with your full name, daytime telephone number, and a statement that you are calling to claim a prize in the Xcel Energy / Colorado Rockies Lighting Sweepstakes. Should a second chance drawing be held, Sponsor or its representative will attempt to notify potential winners of the second chance drawing within approximately five (5) business days by email, mail, or telephone (as determined by Sponsor in its sole discretion). Potential winners may be required, in Sponsor’s sole discretion, to sign and return an Affidavit of Eligibility, Liability Release and, if permitted by law, a Publicity Release (“Affidavit/Release”) to Xcel Energy within five (5) days of notification. Winners will need to provide their contact information and may also need, in Sponsor’s sole direction, to provide their social security information for tax purposes and have the Affidavit/Release notarized. In the event the Affidavit/Release is not returned within five (5) days, prize may be forfeited and an alternate winner selected from among all remaining non-winning eligible entries received in the second chance drawing. If, for any reason, an alternate prize winner is selected by any manner (including, without limitation, the second chance drawing), such alternate winner may be required to execute and return an Affidavit/Release to Sponsor as described in these Official Rules; however, Sponsor, in its sole discretion, may adjust the above timing and delivery requirements to accommodate Sponsor’s Sweepstakes schedule, and due to such schedule and timing, Sponsor may, with respect to any time limited prize (including, without limitation, tickets to any game) be unable to award the applicable prize in this Sweepstakes. Sponsor will not be obligated to pursue more than three (3) alternate winners (time permitting) for any prize for any reason. Any portion of any prize not accepted by winner shall be forfeited. Upon forfeiture for any reason stated herein, no compensation shall be given. The prizes, if legitimately claimed, will be awarded. If applicable, allow two to three weeks for delivery of prize following completion of verification process. Prizes will only be delivered to winner’s address within Colorado. Winner and their guest(s) must consent to the use of their name, voice, picture, or other likeness or statements without further compensation or notice for purposes of advertising, trade, and promotion as determined by Sponsor, except where prohibited by law. Winner and each of his or her guests may be required to execute a publicity release at Coors Field. WINNER’S LIST/OFFICIAL RULES: For a list of the prizewinners, send a self-addressed stamped envelope in a postage paid envelope by September 24, 2014 to: “Xcel Energy/CO Rockies Sweepstakes Winner’s List,” 431 Charmany Drive, Attn: Xcel Energy, Madison, WI 53719. For a copy of these Official Rules, please visit the Sweepstakes Site during the Second Chance Entry Period. RULES: All decisions as to these Official Rules and interpretations thereof are exclusively within the sole discretion of the Sponsor. DISPUTES: Except where prohibited, you agree that any and all disputes, claims and causes of action arising out of the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate state or federal court located in the State of Colorado. All issues and questions concerning these Official Rules, your rights and 6
obligations, or Sponsor’s rights and obligations shall be governed by the laws of the State of Colorado, without giving effect to any choice of law or conflict of law rules. FORCE MAJEURE: Sponsor shall not be responsible for the cancellation or postponement of any drawing or failure to supply any prize for any reason including, but not limited to, equipment failure or malfunction, electrical service interruption, or any act of God or other “Force Majeure” event. XCEL ENERGY and RESPONSIBLE BY NATURE are trademarks of Xcel Energy Inc. 2014 Xcel Energy Inc. Public Service Company of Colorado, an Xcel Energy company. Reference to trademarks and/or names of third parties or related products or services is made for purposes of identification only and such use is not intended to suggest or imply any third party’s sponsorship, endorsement, affiliation, or association with Sponsor or this Sweepstakes. 7
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