ACE GIFT ENTERPRISE 2010
Official Rules
NO SEPARATE ENTRY NEEDED – CHOOSE ACE OR ROLLOVER TO ACE IN 2010 AND YOU WILL AUTOMATICALLY BE ENTERED INTO A RANDOM DRAWING IF ELIGIBLE. OPEN ONLY TO RESIDENTIAL CUSTOMERS OF THE PUBLIC ALLIANCE FOR COMMUNITY ENERGY IN THE NEBRASKA CHOICE GAS® PROGRAM FOR GAS YEAR JUNE 1, 2010 THROUGH MAY 31, 2011, AS DESCRIBED BELOW. WINNERS WILL REMAIN RESPONSIBLE FOR ALL SOURCEGAS DISTRIBUTION LLC CHARGES AND APPLICABLE TAXES. ALL FEDERAL, STATE, LOCAL AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED. SOURCEGAS DISTRIBUTION LLC IS NOT AFFILIATED WITH SPONSORSHIP OF THE PUBLIC ALLIANCE FOR COMMUNITY ENERGY GIFT ENTERPRISE 2010. CHOICE GAS® IS A REGISTERED TRADEMARK OF SOURCEGAS, LLC.
1. Eligibility: The Public Alliance for Community Energy (“Sponsor”) Gift Enterprise is open to Residential Customers, as defined below, who as of May 14, 2010 are deemed to be a customer of the Public Alliance for Community Energy in the Nebraska Choice Gas® Program for Gas Year June 1, 2010 through May 31, 2011 by actively selecting the Public Alliance for Community Energy or rolling over as a customer of the Public Alliance for Community Energy. The Nebraska Choice Gas® Program is defined as the annual program, provided by SourceGas Distribution LLC (“Distributor”), that gives customers the opportunity to choose a natural gas supplier and pricing option that best suits their needs. A Residential Customer is defined as a legal business entity, or a natural person who as of May 14, 2010 is at least nineteen (19) years of age, whose name the respective residential Distributor account has been issued to and to whom services are billed, subject to the above restrictions. The following are not eligible to win the Public Alliance for Community Energy Gift Enterprise: (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 Gift Enterprise 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.
2. Method of Entry: Any Public Alliance for Community Energy customer, as defined above, who as of May 14, 2010, is deemed to be a Residential Customer of the Public Alliance for Community Energy in the Nebraska Choice Gas® Program for Gas Year June 1, 2010 through May 31, 2011, will automatically earn one (1) entry into the Gift Enterprise. No separate Gift Enterprise entry form from you is required to be completed.
Maximum limit of one (1) entry per residential Distributor account. Prizes are limited to one per person.
3. Drawing: Potential winners will be selected in a random drawing, conducted by an employee or agent of the Sponsor among all the eligible entries, on or about May 14, 2010 (date may be postponed by the number of days after May 1, 2010 that Sponsor receives all necessary data files from Distributor containing the list of residential account holders deemed to be Residential Customers of Sponsor for the Nebraska Choice Gas® Program Gas Year 2010-2011).
4. Prizes: Ten (10) winners will each receive up to a total of 800 therms in natural gas commodity credits for a limit of one (1) year, beginning June 1, 2010, for a residential account supplied by Sponsor within the Nebraska Choice Gas® Program. Winners receive natural gas commodity only and will remain responsible for all SourceGas Distribution LLC charges and applicable taxes. Eight hundred (800) therms represents the average annual natural gas usage of a Nebraska residential customer participating in the Distributor’s Nebraska Choice Gas® Program. The last day to use remaining credit will be May 31, 2011. After May 31, 2011, if there is any credit remaining on the winner’s account, this amount will be deemed forfeited and invalid and can no longer be used for the winner’s account. Approximate Retail Value (“ARV”) of the each prize is $604.00 US assuming a natural gas rate of $0.755 per therm, which rate is based on market conditions as of March 15, 2010. ARV will depend upon the then-current applicable natural gas rate.
For natural gas commodity used by winner during the Nebraska Choice Gas® Program Year June 1, 2010-May 31, 2011, Sponsor shall charge winner a rate of $0.00 per therm each month until either: (i) the 800 therms credit has been fully utilized by the winner; or (ii) May 31, 2011; whichever occurs earlier. Thereafter, natural gas commodity will be charged to winner at the rate agreed between Sponsor and winner under the normal terms and conditions of the Nebraska Choice Gas® Program. Credit must be used on a single account for residential service supplied by Sponsor within the Nebraska Choice Gas® Program. If the residential service account covered by the prize credit is terminated, closed, switched, or cancelled for any reason including but not limited to a move to another residential account in the service territory, the remaining unused balance of the prize credit will be forfeited. There will be no refunds, partial refunds, or cash payments for unused credit. Winners will remain responsible for all SourceGas Distribution LLC charges and applicable taxes.
In order to claim the prize, a potential winner must have a residential service address within the Nebraska service area in which the Public Alliance for Community Energy is a Competitive Natural Gas Provider (the “service territory”) and a residential account with Distributor. If at any time the potential winner is not deemed to be a Residential Customer of the Public Alliance for Community Energy in the Nebraska Choice Gas® Program for Gas Year June 1, 2010 through May 31, 2011, the remaining unused balance of the prize credit will be forfeited.
All 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 winners to accept or utilize any prize. Sponsor reserves the right to substitute a prize of equal or greater value for any reason.
5. Winner Notification and Acceptance: Potential winners will be notified by certified mail on or before June 1, 2010 to the address associated with billing for the winning account number (date may be postponed by the number of days after May 1, 2010 that Sponsor receives all necessary data files from Distributor containing the list of residential account holders deemed to be customers of Sponsor for the Nebraska Choice Gas® Program Gas Year 2010-2011). If the potential winner has not completed, signed and returned to Sponsor all required documentation, as described below, by 5:00 pm CDT on the date which is fourteen (14) days after the date of mailing of the certified notification letter, or has failed to comply with any terms or condition of these Official Rules, the potential winner will be disqualified, which will result in forfeiture of the prize, and Sponsor has a right to randomly draw for another potential winner from the remaining entries. By participating, entrants agree to be bound to the decisions of the Sponsor, which will be final and binding in all respects. Potential winners may be required to sign and return an Affidavit of Eligibility, a Publicity/Liability Release and other documentation by the return date specified in the prize notification letter, or he or she will forfeit his or her respective prize. Potential winners may waive his or her right 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, Sponsor will select an alternate potential winner in a random drawing among the remaining eligible entries. Winners will be responsible for all taxes (including but not limited to federal, state, local and/or income) on the prize and each potential winner will be required to complete any required Internal Revenue Service (“IRS”) Form for tax reporting purposes. If a potential prize winner refuses to complete the required IRS Form(s), the prize winner will be disqualified (and will have no right to an alternate prize), and an alternate winner will be selected in accordance with these Official Rules.
6. Odds: Odds of winning depend upon the total number of eligible entries. Each entry will have an equal chance of winning. All prizes will be awarded, provided there are a sufficient number of qualified eligible entries.
7. Limitations of Liability and Release: Sponsor and its agents are not responsible for any incorrect or inaccurate information, whether caused by printing errors, customers, data received from Distributor, or by any of the equipment or programming associated with or utilized in the Gift Enterprise. If, for any reason, the Gift Enterprise 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 the Gift Enterprise. 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 Gift Enterprise, 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 Gift Enterprise, 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 Gift Enterprise, including without limitation with respect to the awarding, receipt, use, or misuse of any prize; or (ii) any sponsorship or administration of the Gift Enterprise.
8. Disputes: Participants agree that any and all disputes, claims and causes of action arising out of, or connected with, the Gift Enterprise 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 Gift Enterprise 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 ACE 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 ACE 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 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 Gift Enterprise 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. 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 Gift Enterprise, 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.
9. Winner’s Consent: By accepting any prize, winners consent 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 Gift Enterprise, without limitation or notice to, or further consent of, and without additional compensation worldwide, in perpetuity, except where prohibited by law.
10. Winners List and Official Rules: For the list of winners and/or a copy of these Official Rules, send a self-addressed, stamped envelope to: ACE Gift Enterprise, Public Alliance for Community Energy, P.O. Box 95124, Lincoln, NE 68509. Requests must be received by August 1, 2010. A copy of the Official Rules is also available by visiting http://www.ACEenergy.org by August 1, 2010.
11. Sponsor: Public Alliance for Community Energy Gift Enterprise 2010 is sponsored by the Public Alliance for Community Energy. SourceGas Distribution LLC is not affiliated with sponsorship of the Public Alliance for Community Energy Gift Enterprise 2010.