Energy Texas, Inc. (“Energy Texas”, the "Company," "us," "we" or "our") is the sponsor of this giveaway.
THIS GIVEAWAY IS AVAILABLE TO ALL NEW CUSTOMERS THAT PARTICIPATE IN OUR MONTHLY DRAWING ("you," "your," "Customer," or "participant"). THERE IS NO ADDITIONAL PURCHASE NECESSARY BY YOU TO PARTICIPATE OR WIN A PRIZE. YOU ARE ELIGIBLE TO RECEIVE THE PRIZE PROVIDED THAT YOU ARE NOT AN EMPLOYEE OF THE COMPANY OR A MEMBER OF HIS OR HER IMMEDIATE FAMILY. YOU MUST COMPLY WITH THESE OFFICIAL RULES IN ORDER TO CLAIM THE PRIZE. PURCHASING OR ORDERING ADDITIONAL OR OTHER SERVICES WILL NOT IMPROVE A PARTICIPANT'S CHANCE OF WINNING A PRIZE. THIS GIVEAWAY IS SUBJECT TO APPLICABLE FEDERAL, STATE, AND LOCAL LAWS AND RULES, AND IS VOID IN ALL JURISDICTIONS WHERE SUCH GIVEAWAYS ARE PROHIBITED.
The prize will be awarded to one (1) participant that are randomly selected from a pool of participants that are in the drawing. To qualify as an eligible participant in the drawing, you must have submitted an application to enroll in one of our electricity plans (the “Measure Period”), had your service activated or scheduled for activation under such plan and selected to enter the drawing under the Rewards section of the your online MyAccount prior to the drawing. All applications must have been submitted through our web site or customer service representatives during the Measure Period in order to qualify. 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 Energy Texas. The prize recipients will be selected by a random drawing to be conducted by an employee of the Company within seven (7) business days of the Measure Period. These Official Rules shall govern this giveaway and shall be binding and enforceable with regard to all participants. Only one prize will be awarded.
The Company expressly reserves the right to disqualify any person from eligibility to win a prize if the Company determines in its sole and absolute discretion such person has attempted to circumvent, violate, or abuse the rules and/or spirit of this giveaway, or has attempted any of the foregoing. All determinations and/or decisions by the Company relating to this giveaway will be final and binding in all respects.
Any and all prizes are awarded on an "as is" basis without warranty by the Company of any kind, express or implied, including, without limitation, any and all implied warranty of merchantability or fitness for a particular purpose. The Company reserves the right to substitute the prize for a gift card of equal or greater value for any reason. The Company will not replace any lost or stolen prize. The participant selected in the initial drawing will be notified by email no later than three (3) calendar days following the date of the drawing using the current email address provided by participant to and on file with the Company. A potential winner must reply to this notification by reply email no later than three (3) calendar days following the first attempt to contact the potential winner by email. The reply must include all additional information and documentation as requested by the Company in order for the potential winner to claim the prize, which may include, without limitation, his or her full legal name, street address, telephone number, proof of identification (which may include copies of one or more forms of photo identification), an affidavit of eligibility, and a written release authorizing the Company to use the potential winner's name, general area of residence, and likeness for publicity and promotional purposes. The Company will make at least two (2) attempts to contact a potential winner by email. In no event will the Company be responsible for making more than two (2) attempts by email to contact any potential winner. If the Company has not received a reply from the potential winner containing all of the required additional information by the stated deadline, the potential winner shall forfeit the prize and the Company may at its sole and absolute discretion select another potential winner by conducting another random drawing from the pool of remaining qualifying participants. Failure of the potential winner to provide all of the required documentation within the specified time, or to comply with any other term or condition stated in the Official Rules, may also result in disqualification and forfeiture of the prize. The prize will be deposited for delivery within seven (7) calendar days from the date of verification of eligibility.
Potential winners are not obligated to accept any prize, and may waive his or her right to receive a prize. The winner may not transfer, substitute, assign, exchange, or redeem the prize for cash or cash equivalents. In the event of a forfeiture for any reason, the Company may select an alternate potential winner. The prizes may be subject to U.S. withholding taxes. The Company is not in any way responsible for reporting or paying any taxes on prizes, whether federal, state, or local. All taxes and the payment thereof in connection with the prize are the sole responsibility of the winner.
The prize, a gift card, is subject to terms and conditions set by the merchant who issues the gift card. Your use or attempted use of the gift card prize is subject to the administration, management, operation and provision of the applicable third party merchant. Any and all terms and conditions for use and expiration of gift cards are the sole responsibility of the particular merchant(s) 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 Energy Texas 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 gift cards, or any of its products or services purchased with such gift cards, whether in contract, warranty, or tort. You are expressly advised that expiration policies and non-usage fees may apply to gift card rewards.
The manufacturer of the merchandise constituting the prize, and not the Company, shall be solely responsible for the performance of the prize, including without limitation, any and all warranties, ability to return or exchange, and/or the performance thereof. The Company shall not be responsible for any typographical, printing, or other inadvertent mistakes or errors contained in the Official Rules or any other promotional, advertising or marketing materials, or any web sites, web pages, emails or other communications relating to this giveaway. The Company shall not be responsible for any incorrect or inaccurate information contained in any promotional materials or otherwise, whether caused by the Company or any entrants, or any programming or data entry errors in connection with the giveaway, or any technology or human errors, malfunctions, or delays. The Company will not be responsible for any stolen, lost or delayed email or other computer transmissions or any injury or damage to persons or property, including without limitation, to any computers, hardware or software resulting directly or indirectly from or in relation to any person's participation in the giveaway.
By accepting a prize, a winner consents to use of his or her name, photograph, likeness, testimonial and biographical information for advertising and promotional purposes, including without limitation online, print, and any and all other media worldwide in connection with the giveaway. The Company may use or utilize any of the foregoing without any further notice to, or further consent from, and without any additional compensation to, the winner or any other person, worldwide, in perpetuity, except with respect to any particular jurisdiction if and only to the extent prohibited by applicable law. By accepting a prize, a winner further releases the Company and its officers, directors and employees from any and all liabilities, claims, losses and/or damages of any kind or nature resulting from, arising out of or in connection with, such person's participation in this giveaway, including without limitation, with respect to the award, receipt, possession, use or misuse of any prize.