Xcel Energy, Inc. "Central AC Denver Broncos Giveaway" Official Rules
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Xcel Energy, Inc. “Central AC Denver Broncos Giveaway” Official Rules NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT WILL NOT INCREASE OR IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW. EACH POTENTIAL WINNER WILL BE REQUIRED TO RESPOND TO NOTIFICATION FROM SPONSOR WITHIN SEVENTY-TWO (72) HOURS AND MAY BE REQUIRED TO EXECUTE AND RETURN PRIZE ACCEPTANCE DOCUMENTS (AS MORE FULLY DETAILED BELOW) OR PRIZE WILL BE FORFEITED. 1. 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 (DEFINED BELOW) FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES ELIGIBILITY. The Xcel Energy “Central AC Denver Broncos Giveaway” (the “Sweepstakes”) is only open to entrants who, as of the entry date, are permanent legal residents of the State of Colorado who are at least eighteen (18) years old. The Sweepstakes is void outside the State of Colorado and where prohibited by law. Employees, officers, directors, representatives, and agents of Xcel Energy, Inc. (“Sponsor” or “Xcel Energy”) and its parents, subsidiaries, affiliates, divisions, and advertising and promotion agencies, as well as the immediate families (defined as parents, spouses, children, siblings, grandparents, and their respective spouses) and members of the same household (whether related or not) of each any such person, are not eligible to enter. 2. TIMING. The Sweepstakes begins at 12:00:00 a.m. Mountain Time (“MT”) on July 1, 2014, and ends at 11:59:59 p.m. MT on September 30, 2014 ("Sweepstakes Period"). To enter through the rebate method (as more fully described below), an entrant must purchase and have an Xcel Energy-registered contractor install a Qualifying AC System (defined below) between July 1, 2014, and August 31, 2014 (“AC Purchase Period”). 3. HOW TO ENTER. There are two (2) ways to enter the Sweepstakes: by submitting a Rebate Application for a Qualifying AC System (both terms defined below) and by mail-in entry. a. By Submitting a Rebate Application for a Qualifying AC System: To enter, during the AC Purchase Period, work with an Xcel Energy-registered AC contractor to purchase and install a qualifying new air- conditioning system that meets requirements (including, without limitation, all Seasonal Energy Efficiency Ration or “SEER” AND Energy Efficiency Ratio or “EER” requirements) set forth on Sponsor’s instructions page for its Colorado 2014 High Efficiency Cooling Rebate program (“Rebate Program”), available at http://www.xcelenergy.com/CO-AC (“Qualifying AC System”). (For additional information on the Rebate Program, please visit http://www.xcelenergy.com/CO-AC). Then, have your Xcel Energy-registered contractor install the Qualifying AC System in your home. (For more information on Xcel Energy-registered contractors and to find a contractor in your area, please visit http://hvacreducation.net/xcel-co/public_search.cfm) Installation must be completed during the AC Purchase Period and by an Xcel Energy-registered contractor. In addition, in order to participate in the Rebate Program (and, by extension, to enter the Sweepstakes using this rebate method), you must be the homeowner of the home in which the Qualifying AC System is installed, your home must receive residential electrical service from Xcel Energy, and you must be the registered Xcel Energy account holder for that service address. Once the Qualifying AC System has been installed, you may enter this Sweepstakes by submitting a completed rebate application (“Rebate Application”), signed by you and the Xcel Energy-registered contractor who installed the Qualifying AC System. Rebate Applications will be available only from Xcel Energy-registered contractors. Complete the Rebate Application for the Rebate Program and mail it to Sponsor in accordance with all instructions on the Application. Entries will only be accepted at the Xcel Energy Rebate Center at P.O. Box 829 Minneapolis, MN 55440-0829. Your completed Rebate Application must be postmarked during the Sweepstakes Period and received by Sponsor no later than October 6, 2014, to be eligible for an entry into this Sweepstakes. Your Rebate Application is subject to verification by Sponsor for compliance with the terms of the Rebate Program. If US.54170270.02
your Rebate Application is verified as complete and eligible and is timely submitted and received in accordance with the deadlines set forth above, you will receive one (1) entry into the Sweepstakes. PLEASE NOTE THAT THE DEADLINES FOR THE REBATE PROGRAM ITSELF ARE DIFFERENT FROM THE APPLICABLE DEADLINES FOR THIS SWEEPSTAKES. WHILE YOU MAY REMAIN ELIGIBLE TO PARTICIPATE IN THE REBATE PROGRAM AFTER THE CLOSE OF THE SWEEPSTAKES PERIOD, YOU WILL ONLY BE ELIGIBLE TO RECEIVE AN ENTRY INTO THIS SWEEPSTAKES IF YOU SUBMIT YOUR REBATE APPLICATION IN ACCORDANCE WITH THE DEADLINES SET FORTH ABOVE. b. By Mail: If you are an eligible participant, you may enter this Sweepstakes by mail without purchasing a Qualifying AC System. To enter by mail, on a 3” x 5” card hand print (in black or blue ink) your first and last name, complete address including zip code (no P.O. Boxes), daytime telephone number with area code, date of birth, and email address and mail the completed card in a first-class postage-paid envelope to: Xcel Energy Attn: Central AC Denver Broncos Giveaway 1500 Larimer Street, Suite 1500 Denver, CO 80202. Mail-in entries must be postmarked during the Sweepstakes Period and received no later than October 6, 2014, or they will be void. c. The following applies to all entries, irrespective of entry method: LIMIT: One (1) entry per person and per address (regardless of method of entry) in the Sweepstakes. All entries become the exclusive property of Sponsor and none will be acknowledged or returned. All entrants and entries 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. Entrants will cooperate with Sponsor and its representatives in connection with any and all verification activities. An entry is “received” for the purposes of this Sweepstakes when Sponsor or its authorized representative actually receives the completed Rebate Application or entry card with all required information. No facsimiles, photocopied or mechanically reproduced entries allowed. Use of any macro, bot, or other automated system to submit entries is prohibited and will result in disqualification. Entries that are forged, altered, incomplete, lost, late, illegible, unintelligible, duplicated, misdirected, mutilated, illegitimate, or garbled, or are submitted with intent to subvert the entry process will not be accepted and are void. Those who do not provide the required information and documentation in the Rebate Application or abide by these Official Rules and other instructions of Sponsor and its representatives may, in Sponsor’s sole discretion, be disqualified and any associated entry void. Entries or participation made on your behalf by any other individual or by you for another individual or made by or for any entity or group will be declared invalid and void for this Sweepstakes. With respect to any winning entry, the winner may be required to provide proof that he or she is the authorized account holder of the Xcel Energy residential account for the service address at which the Qualifying AC System was installed. If a dispute cannot be resolved to Sponsor’s satisfaction, the entry will be deemed ineligible. As a condition of entering the Sweepstakes, each entrant gives consent for Sponsor to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this Sweepstakes and complying with applicable laws, regulations and rules. 4. AGREEMENT TO OFFICIAL RULES AND DECISIONS. By participating in the Sweepstakes, each entrant fully and unconditionally agrees to be bound by and accepts 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. If you participate in this Sweepstakes using the rebate method of entry, you further agree to any terms and conditions that govern the Rebate Program. 5. DRAWING; ODDS; NOTIFICATION. Within approximately seven (7) days after the October 6, 2014, deadline for receipt of entries, , Sponsor will randomly select three (3) potential winners from among all eligible entries received by Sponsor in this Sweepstakes. Odds of winning a prize depend on the number of eligible entries received by Sponsor in the Sweepstakes. A selected entrant must comply with all terms and conditions of these Official Rules and instructions of Sponsor, and winning is contingent upon fulfilling all requirements. Each potential winner will be notified by phone, mail, courier, and/or email, as determined by Sponsor in its sole discretion. Each potential winner may be required to execute and return to Sponsor a notarized Affidavit of Eligibility, a Liability Release, and, except where prohibited by law, a Publicity Release (an “Affidavit/Release”) in the form(s) provided by Sponsor in order to claim his/her prize. The Affidavit/Release must be returned to Sponsor by the date and/or time indicated within the Affidavit/Release and is subject to verification by Sponsor. If a potential winner cannot be contacted or does not respond within seventy-two (72) hours of the first attempt to contact him/her, or if a potential winner fails to return the Affidavit/Release within the specified time, or if any prize or prize notification is returned as undeliverable, or if a potential winner is found to be ineligible, or if a potential 2
winner does not comply with the Official Rules, then that potential winner may be disqualified and an alternate winner selected by Sponsor in his/her place at random from among all eligible non-winning entries received by Sponsor for the Sweepstakes. In such event, an alternate potential prize winner will be notified as described above and will be required to return the required documents to Sponsor as described above; provided, however, Sponsor may alter the above timing to meet its Sweepstakes schedule and due to such schedule and the time-related nature of certain prizes, Sponsor may be unable to award the applicable prize in this Sweepstakes. Sponsor reserves the right to modify the notification procedures in connection with the selection of any alternate potential winner, if any. The prizes, if legitimately claimed, will be awarded. Sponsor will not be obligated to pursue more than three (3) alternate winners (time permitting) for each prize for any reason, in which case the applicable prize may go unawarded. 6. PRIZES. Subject to the terms and conditions of these Official Rules and to verification, each of the three (3) winners in this Sweepstakes will receive a prize consisting solely of the following: two (2) club level tickets to the October 23, 2014 Denver Broncos vs. San Diego Chargers game at Sports Authority Field @ Mile High (the “Game”) and one (1) VIP parking pass for use at the Game. Approximate retail value (“ARV”) of each prize is $310 and the aggregate ARV of all prizes to be awarded is $930. The admission tickets and parking pass are subject to additional terms and conditions imposed by their respective issuers. All prize details not specified in these Official Rules (including, without limitation, seat location at the Game) will be determined by Sponsor in its sole discretion. Prize is nontransferable, nonassignable, nonnegotiable, and not redeemable for cash or credit. Prize must be accepted as awarded or it will be forfeited. Prize is awarded “AS IS” with no warranty, representation, or guarantee, express or implied, in fact or in law, relative to the use or enjoyment of the prize 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 prize substitutions are permitted, except by Sponsor, who reserves the right (but has no obligation) to substitute a prize (or a component thereof) with another prize of equal or greater value (including cash) for any reason, including, without limitation, if the prize (or a component thereof) is not available. Winner is solely and fully responsible for any and all costs, fees, taxes, assessments and expenses associated with prize award, redemption, receipt and use, including, without limitation, all federal, state and local taxes on the prize. 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. Non-compliance with any of the foregoing and any other condition of this Sweepstakes may result in disqualification and forfeiture of prize, in which case, no consideration will be awarded. If Sponsor determines, at any time and in its sole discretion, that any winner or potential winner is disqualified, ineligible, or in violation of these Official Rules, Sponsor reserves the right in its sole discretion to disqualify that person and select an alternate winner, even if the disqualified winner or potential winner’s name may have been shown or announced. LIMIT: One (1) prize per person or household in this Sweepstakes. No more than the stated prizes will be awarded. If a winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited and Sponsor will have no further obligation with respect to that prize or portion of the prize. Sponsor will not replace any lost, mutilated or stolen prizes or prize elements or any prize elements that are undeliverable or do not reach the winner because of an incorrect or changed address or other contact information. Sponsor will have no liability to any winner for the failure of the Game to occur as scheduled. By entering this Sweepstakes and accepting the prize, the winner agrees to maintain his/her behavior in accordance with all applicable laws and generally accepted social practices in connection with attending the Game. The winner understands and agrees that Sponsor and the owners or operators of the Game venue have the right, in their sole discretion, to disqualify and remove the winner from any activity at any time if the winner’s or his/her guest’s behavior at any point is uncooperative, disruptive, or may or does cause damage to person, property, or the reputation of Sponsor, or otherwise violates the policies of Sponsor or the venue operator, and in such a case, the winner will still be solely responsible for all taxes and other expenses related to the prize. 7. PUBLICITY. Except where prohibited by law, participation in the Sweepstakes constitutes winner’s consent to Sponsor’s (and its designees’, successors’ and assigns’) use of winner’s name, biography, likeness, voice, photographs, video, opinions, statements, hometown, state and country for promotional purposes in any manner or media (including, without limitation, online), worldwide, in perpetuity, and without further payment, consideration, notice, review or consent. 3
8. GENERAL CONDITIONS. Sponsor reserves the right, in its sole discretion, to terminate, modify or suspend the Sweepstakes if, in Sponsor’s opinion, the Sweepstakes becomes incapable of running as planned for any reason, if there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Sweepstakes, or if viruses, bugs, unauthorized intervention, fraud, technical difficulties or failures, or any other factor beyond Sponsor’s reasonable control corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes. In such event, Sponsor reserves the right (but does not have the obligation) in its sole discretion to award prizes at random from among eligible, non-suspect entries received up to the time of suspected impairment. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage any website or undermine the legitimate operation of this Sweepstakes (including, without limitation, by supplying false information or obtaining entries by fraudulent means) is a violation of criminal and civil laws, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision or any other provision of these Official Rules. 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. If any provision of these Official Rules is held to be 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, illegal, or otherwise unenforceable, 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. 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 by Sponsor in its sole discretion. EACH ENTRANT ACKNOWLEDGES THAT IF HE/SHE IS CHOSEN AS A WINNER, CERTAIN OF HIS/HER IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES AT LEAST AS REQUIRED BY LAW INCLUDING, WITHOUT LIMITATION, ON THE WINNERS LIST. 9. RELEASE. By entering, each entrant forever and irrevocably releases, holds harmless, and agrees to indemnify Sponsor and its parents, subsidiaries and affiliates, and their respective agents, advertising and promotion agencies, affiliates, Sweepstakes partners and prize suppliers (including, without limitation, PDB Sports, LTD. d/b/a the Denver Broncos Football Club), and all of their respective employees, officers, directors, members, managers, shareholders and agents (collectively, the “Released Parties”) from and against all claims, damages or liabilities arising in whole or in part, directly or indirectly, from entrant’s participation and/or entry in the Sweepstakes and/or entrant’s award, receipt or use of any prize awarded in the Sweepstakes, including, without limitation, any injury, damage, loss, accident, or death to/of person or property. 10. LIMITATIONS OF LIABILITY. Sponsor is not responsible for: (a) incorrect or inaccurate transcription of entry information or late, lost, stolen, unintelligible, illegible, damaged, mutilated, altered, incomplete, misdirected or postage due entries or entries received through impermissible or illegitimate channels, all of which will be disqualified; (b) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer online systems, computer equipment, website, server provider, network, hardware or software; (c) the unavailability or inaccessibility of any website; (d) unauthorized intervention in any part of the entry process or the Sweepstakes; (e) printing, typographical, electronic or human errors which may occur in the offer or administration of the Sweepstakes or the processing of entries, including, without limitation, any errors or typos in these Official Rules or any other Sweepstakes-related materials; or (f) any injury or damage to persons or property, which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use of the prize.. The Released Parties are not liable to any winner, entrant or any person claiming through such winner or entrant for failure to supply the prize or any part thereof, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened or actual terrorist acts, air raid, act of public enemy, war (declared or undeclared), blackout, epidemic, fire, explosion, flood, earthquake, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond Sponsor's sole control. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, entrant's sole remedy is another entry in the Sweepstakes. 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are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s email or voicemail inbox to receive messages. 11. DISPUTES. Entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and solely and exclusively in federal or state courts located in the State of Colorado; entrant submits to sole and exclusive personal jurisdiction to said courts in the State of Colorado for any such dispute and irrevocably waives any and all rights to object to such jurisdiction; (b) any and all claims, judgments, and awards shall be limited to entrant’s actual out of pocket costs incurred (if any), including costs associated with entering this Sweepstakes but in no event attorneys’ fees; and (c) 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 for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant or Sponsor in connection with the Sweepstakes shall be governed by, and construed in accordance with, the laws of the State of Colorado, without giving effect to any choice of law or conflict of law rules of provisions (whether of the State of Colorado, the United States, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Colorado. 12. DATA COLLECTION. Entrants provide personal information to Sponsor and its designees when they enter the Sweepstakes. Sponsor and its designees collect this information and use it to (a) administer this Sweepstakes and (b) for market research and for other marketing purposes. Sponsor and its designees may share this information with third parties who need access to this information to perform services on Sponsor’s behalf. Sponsor may also share this information with select marketing partners, who may use it to contact you with information and offers they believe will be of interest to you. In the event of any conflict between any privacy policy of Sponsor and these Official Rules, these Official Rules shall govern. 13. OFFICIAL RULES. To request a copy of these Official Rules, send a self-addressed postage-stamped envelope to “Central AC Denver Broncos Giveaway - Rules Request,” c/o Xcel Energy, Inc., 1800 Larimer Street, Suite 1500 Denver, CO 80202. Limit one (1) request per outer envelope. Rules requests must be received no later than the end of the Sweepstakes Period. 14. WINNER’S LIST. To request a list of the Sweepstakes winners, send a self-addressed postage-stamped envelope to “Central AC Denver Broncos Giveaway - Winners List Request,” c/o Xcel Energy, Inc., 1500 Larimer Street, Suite 1500 Denver, CO 80202. Limit one (1) request per outer envelope. Requests for a copy of the winners list must be received by December 31, 2014. 15. SPONSOR. The sponsor of the Sweepstakes and the address at which the Sponsor may be contacted is Xcel Energy, Inc., 414 Nicollet Avenue South, Minneapolis, Minnesota 55401. Reference to third parties in connection with this Sweepstakes (including the prizes) are for reference and identification purposes only and not intended to suggest endorsement, sponsorship or affiliation with Sponsor or the Sweepstakes. PDB Sports, LTD. d/b/a the Denver Broncos Football Club is not a sponsor or administrator of this Sweepstakes, and shall have no responsibility or liability for this Sweepstakes. 5
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