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Xcel Energy, Inc.
“HomeSmart Home Comfort Summer Giveaway”
Terms and Conditions
(Updated as of May 28, 2014)
The “HomeSmart Home Comfort Summer Giveaway” (“Giveaway”) and participation therein is governed in all respects by these Terms and Conditions (“Terms”). By participating in the Giveaway, each participant fully and unconditionally agrees to be bound by and accepts these Terms and the decisions of Xcel Energy, Inc. (“Sponsor”), and its Giveaway personnel and designees (including, without limitation, decisions regarding the eligibility of submissions and the selection of the Giveaway gift recipient) which are final and binding in all respects. The Giveaway is not a sweepstakes or contest of any kind.
GENERALLY. The purpose of the Giveaway is to provide one (1) identified needy homeowner with respiratory health issues/needs in the Denver Metropolitan area with the gift of a high efficiency furnace, air purification system and air conditioning system. The potential Giveaway recipient will be identified through nominations by participants in the Giveaway nomination process as described below. The potential Giveaway recipient will be selected by Sponsor and/or Sponsor’s Giveaway selection designee. The foregoing is only a general description of the Giveaway, and the Giveaway is subject to the full Terms set forth below.
GIVEAWAY GIFT NOMINEE ELIGIBILITY CRITERIA. To be eligible to be nominated as the potential Giveaway gift recipient, a nominee must be:
(a) a legal resident of the United States and the State of Colorado who is eighteen (18) years or older;
(b) the owner of a house in the Denver, Colorado metropolitan area (which for clarity is comprised only of the following counties: Adams, Arapahoe, Broomfield, Clear Creek, Denver, Douglas, Gilpin, Jefferson and southwest Weld counties) that is in an Xcel service area;
(c) in need of heat for the winter and cooling in the summer, and financially unable to repair or replace a current non-existent or non-working furnace or air conditioning unit; and
(d) have (or a family member residing in the house has) a respiratory ailment/medical need for an air purification system.
Determination of satisfaction of eligibility criteria shall be as determined by Sponsor and its Giveaway selection designee in their sole and absolute discretion. The Giveaway is void outside the State of Colorado, and where prohibited or restricted by law. Employees, officers and directors of Sponsor and its parents, subsidiaries, divisions, affiliates, advertising, public relations and promotion agencies, and the immediate families (defined as parents, spouses, children, siblings, grandparents, and their respective spouses) or members of the same household (whether related or not) of each such employee, officer and director, are not eligible to participate in the nomination process or be eligible to receive the Giveaway gift. If the Giveaway gift cannot be awarded by Sponsor to a selected Giveaway nominee for any reason (including, without limitation, if the potential Giveaway gift nominee refuses the gift), Sponsor, in its sole and absolute discretion, may disqualify the potential Giveaway nominee. The Giveaway, and any website pages and advertisements relating thereto, is intended for viewing only within the United States and the District of Columbia, and participants must be present in the United States or the District of Columbia at the time they participate in the Giveaway process.
GIVEAWAY NOMINATION PERIOD. The Giveaway nomination period begins at 12:01 a.m. MT Time (“MT”) on May 28, 2014 and ends at 11:59 p.m. MT on June 22, 2014 (the “Nomination Period”). Sponsor’s computer is the official timekeeping device for this Giveaway.
HOW TO NOMINATE A POTENTIAL GIFT RECIPIENT. To be eligible to make a nomination in the Giveaway, you must be at least eighteen (18) years old and a resident of the State of Colorado. To make a nomination, during the Nomination Period visit www.HomeSmartColorado.com, go to the Giveaway section of the website and follow the links and instructions to make your nomination. In making a nomination, a nominator must provide the following information:
a. Name, address and phone number of your nominee; and
b. a description, in English and in one hundred fifty (150) words or less, of (i) why your nominee meets each of the Giveaway nominee criteria and (ii) why your nominee deserves a new furnace, air purification system and air conditioning system.
LIMIT: One (1) nomination per person and per email address in this Giveaway. All nominations must be received during the Nomination period. In order for a nominee to be considered in the Giveaway, the nominator must submit all required information. At the time of submission of a nomination and nomination information, review the then current Terms (which may include updates or changes after the initial or subsequent postings of these Terms). Submitting mass nominations or nominations generated by a script, macro or use of automated devices is prohibited and will result in disqualification. Normal Internet access and usage charges imposed by participant’s online service will apply. Compliance with all requirements shall be as determined by Sponsor in its sole and absolute discretion. Failure to submit all required information, materials and submissions in the manner required in these Terms may result in disqualification. Proof of submission will not be deemed to be proof of receipt by Sponsor. All participants, nominees and other submissions in this Giveaway are subject to verification by Sponsor and/or its designees. Each participant agrees to cooperate with Sponsor and its designees in connection with any and all verification activities. Any participant, nomination or other submission in this Giveaway that does not comply with any aspect of these Terms, as determined by Sponsor in its sole discretion, may be rejected by Sponsor and the nomination disqualified.
SELECTION; NOTIFICATION; GIFT RECIPIENT OBLIGATIONS. On or about June 23, 2014, Sponsor and/or Sponsor’s Giveaway selection designee will select one (1) potential Giveaway gift recipient from among all eligible nominations. The selected potential recipient will be as selected by Sponsor’s Giveaway selection designee in its sole and absolute discretion. A potential Giveaway gift recipient is subject to verification by Sponsor and/or its designees. A potential Giveaway gift recipient must cooperate with Sponsor and its designees in connection with any and all verification activities. Any potential Giveaway gift recipient that does not comply with such verification activities, as determined by Sponsor in its sole discretion, may be rejected by Sponsor and the nomination and selection disqualified. If there are no or a limited amount of nominees in this Giveaway, then Sponsor, in its sole discretion, may determine not to make a gift in the Giveaway. The decision of Sponsor and/or its Giveaway selection designee, as regards the recipient of the gift in this Giveaway, will be conclusive and binding; it will not be open to review or challenge. Neither Sponsor nor its Giveaway selection designee is required to provide any reasons to support its decisions.
A potential Giveaway gift recipient will be notified in person, or by phone, letter (by postal or overnight delivery) and/or e-mail. As part of the process to claim the Giveaway gift, the potential gift recipient may be required to execute and return to Sponsor an Affidavit of Eligibility and a Liability Release in the form(s) provided by Sponsor. The Affidavit/Release must be returned to Sponsor by the date and/or time indicated within the Affidavit/Release. If the potential gift recipient cannot be contacted within forty-eight (48) hours of the first attempt to contact the potential recipient, or if the potential recipient fails to return the Affidavit/Release within the specified time, or if the potential recipient is found to be ineligible, then the potential recipient may be disqualified. Sponsor is not responsible for the failure of a potential recipient to receive the selection notification or the required documents for any reason, or for the inability of such potential recipient to return the required documents for any reason. A potential recipient must comply with all terms and conditions of these Terms, and receipt of a Giveaway gift is contingent upon fulfilling all requirements.
6. GIVEAWAY GIFT. Subject to the terms and conditions of these Terms, one (1) Giveaway gift will be given away by Sponsor in this Giveaway. The Giveaway gift consists of and is limited to (a) a high efficiency variable speed furnace (manufacturer and model as determined by Sponsor in its sole discretion), (b) a high efficiency air conditioning system (manufacturer and model as determined by Sponsor in its sole discretion), (c) an air purification system (manufacturer and model as determined by Sponsor in its sole discretion), and (d) installation services for all of the above systems as provided by Sponsor. Installation to occur no later than August 15, 2014 at a mutually agreeable date/time. The approximate retail value of the Giveaway gift is at least ten thousand dollars ($10,000). The Giveaway gift is awarded “AS IS” with no warranty, representation or guarantee, express or implied, in fact or in law, made by Sponsor or any of its Giveaway partners (including, without limitation, KDVR Fox-31) or for which Sponsor or any of its Giveaway partners shall be liable, other than the manufacturer’s standard warranties made by the applicable system manufacturer to its customers with respect to the applicable system, for which the Giveaway gift recipient shall look solely to the manufacturer for warranty claims. Without limiting the foregoing, neither Sponsor nor any of its Giveaway partners makes or shall be liable for ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. The Giveaway gift is nontransferable, nonassignable, nonnegotiable, and not redeemable for cash or credit. The Giveaway gift must be accepted as provided. No gift substitutions, except by Sponsor, who reserves the right (but has no obligation) to substitute a gift (or a component thereof) with another gift of equal or greater value if any applicable gift (or a component thereof) is not available for any reason as determined by Sponsor in its sole discretion. The Giveaway gift recipient is solely and fully responsible for any and all costs, fees, and expenses associated with operating, maintaining, servicing and replacing the provided systems. Non-compliance with any of the foregoing and any other condition of this Giveaway may result in disqualification and forfeiture of the Giveaway gift. Upon gift forfeiture, no compensation will be given.
7. GENERAL CONDITIONS. Sponsor reserves the right to change or update these Terms based on its experience with the conduct of the Giveaway and/or the response to the Giveaway. Sponsor also reserves the right, in its sole discretion, to terminate, modify or suspend the Giveaway if, in Sponsor’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Giveaway, or if viruses, bugs, unauthorized intervention, fraud, technical difficulties, acts of God or failures or any other factor beyond Sponsor’s reasonable control corrupt or affect the administration, security, fairness, integrity or proper conduct of the Giveaway, and in such event, Sponsor reserves the right in its sole discretion (but does not have any obligation) to award the Giveaway gift to a recipient or recipients based on the above Giveaway gift selection criteria from among eligible, non-suspect applications received up to the time of the suspected impairment. Sponsor reserves the right in its sole discretion to disqualify any participant, nomination or nominee it finds to be tampering with the application or submission process or the operation of the Giveaway or to be acting in violation of these Terms or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage any website or undermine the legitimate operation of the Giveaway 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’ failure to enforce any term of these Terms shall not constitute a waiver of that provision or any other provision of these Terms.
8. RELEASE. By participating in the Giveaway, each participant forever and irrevocably RELEASES, DISCHARGES, INDEMNIFIES AND HOLDS HARMLESS, Sponsor, its Giveaway partners (including, without limitation, KDVR Fox-31), and their respective parents, subsidiaries, divisions and affiliates; any and all persons and entities responsible for offering, operating, fulfilling, administering, advertising or promoting the Giveaway, and the employees, officers, directors, owners, representatives, agents, heirs, successors, assigns and insurers of each of them (collectively, the “Releasees”) from and against all losses, claims, damages, liabilities, costs or expenses (collectively, “Losses”), arising in whole or in part, directly or indirectly, from participation in the Giveaway. The foregoing release includes, without limitation, any and all LIABILITY, BODILY INJURY, DEATH, LOSS OR DAMAGE to participant or any third party arising in whole or in part, directly or indirectly, from participation in the Giveaway. Each participant further COVENANTS NOT TO SUE any of the Releasees with respect to any matter addressed by the foregoing release, or encourage or assist any third party in doing so. This is a complete RELEASE and DISCHARGE of all claims and rights of each participant against the Releasees and no action will be taken by or on behalf of an participant with respect to any such claims and rights, it being understood that these Terms, including this Section 8, shall be binding upon each participant, and his/her successors, assignees, subrogors, insurers, heirs, next of kin, executors, representatives, and legal and personal representatives.
9. LIMITATIONS OF LIABILITY. Neither Sponsor nor any of its Giveaway partners (including, without limitation, KDVR Fox-31) are responsible for: (a) incorrect or inaccurate transcription of nomination or Giveaway information or late, lost, stolen, unintelligible, illegible, damaged, mutilated, altered, incomplete, or misdirected nominations or nominations 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 or service; (d) unauthorized intervention in any part of the nomination process or the Giveaway; (e) printing, typographical, electronic or human errors which may occur in the offer or administration of the Giveaway or the processing of nominations; or (f) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from a participant’s participation in the Giveaway, including but not limited to participant’s computer, which may be caused, directly or indirectly, in whole or in part, from participant’s participation in the Giveaway, or from viewing, playing, uploading or downloading any material to or from Sponsor’s or its Giveaway partners’ website(s), regardless of whether the material was prepared by Sponsor or a third party, and regardless of whether the material is connected to Sponsor’s or its Giveaway partners’ websites by a hypertext link.
10. DISPUTES. Participant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with the Giveaway, or the Giveaway gift, shall be resolved individually, without resort to any form of class action, and solely and exclusively in a federal or state court located in the City and County of Denver, Colorado; participant 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 actual out of pocket costs incurred, but in no event attorneys’ fees; and (c) under no circumstances will participant be permitted to obtain awards for and participant 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms, or the rights and obligations of participant or Sponsor in connection with the Giveaway 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, United States, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Colorado.
11. TERMS AND CONDITIONS. These Terms are available at www.HomeSmartColorado.com at the Giveaway section of the website or by sending a S.A.S.E. to “HomeSmart Home Comfort Summer Giveaway – Terms Request,” c/o HomeSmart from Xcel Energy, 6981 S. Quentin St., Suite A, Centennial, CO 80112.
12. SPONSOR. The sponsor of the Giveaway and the address at which Sponsor may be contacted is Public Service Company of Colorado d/b/a HomeSmart from Xcel Energy,
6981 S. Quentin St., Suite A, Centennial, CO 80112; phone (303) 722-7587.
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ABBREVIATED TERMS:
a. For use only with promotional and informational materials (including online splash and entry pages and hard copy advertising, posters, clings, etc.).
b. These abbreviated terms and commentary are not to be included with hard copy or electronic versions of the full Terms and conditions, and should be separated before use, copying, posting, etc.
The “HomeSmart Home Comfort Summer Giveaway” is subject in all respects to the complete Official Terms and Conditions available at www.HomeSmartColorado.com at the Giveaway section of the website or by sending a S.A.S.E. to “HomeSmart Home Comfort Summer Giveaway – Terms Request,” c/o HomeSmart from Xcel Energy, 6981 S. Quentin St., Suite A, Centennial, CO 80112. To make a nomination in the Giveaway, you must be at least 18 years old and resident of CO. The Giveaway is void outside CO; and where prohibited or restricted by law. Giveaway nomination period begins at 12:01 a.m. MT on 5/28/14 and ends at 11:59 p.m. MT on 6/22/14. LIMIT: 1 nomination per person and email address. Nomination method, required information, limits, restrictions and instructions, and gift information, requirements and restrictions are set forth in the Official Terms and Conditions. Sponsor: Public Service Company of Colorado, d/b/a HomeSmart from Xcel Energy, 6981 S. Quentin St., Suite A, Centennial, CO 80112; phone (303) 722-7587.
[Where Abbreviated Terms are posted online, include the following:
Click here to view complete Official Terms and Conditions [Make the link a hotlink]
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