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TXU Energy
Energy Fit Club Sweepstakes
Official Rules
This promotion is intended for play and participation in the State of Texas only, and shall be construed and evaluated according to the laws of the State of Texas and the United States.
NO PURCHASE OR OBLIGATION NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.
1. PROMOTION PERIOD: TXU Energy’s Get Energy Fit Now! Sweepstakes (the “Sweepstakes”) starts at 12:00:01 a.m. CT on January 25, 2009 and ends at 11:59:59 p.m. CT on April 30, 2009 (the "Promotion Period").
2. HOW TO ENTER: There is a maximum of three (3) Sweepstakes entries per household from all methods of entry combined, using any combination of the following entry methods (A-D):
A. All persons who become new TXU Energy residential electric service customers and sign up for TXU Energy’s Energy Fit Club during the Promotion Period will automatically receive two (2) entries into the Sweepstakes and may receive one additional entry by entering by mail as described in section D below.
B. Current TXU Energy residential customers who take any of the following actions during the Promotion Period will automatically receive one (1) entry into the Sweepstakes for each action taken, subject to the limit of three (3) Sweepstakes entries per household from all methods of entry combined:
- Current TXU Energy Customers who sign up for TXU Energy’s Energy Fit Club during the promotion period
- Current TXU Energy FlexProtectSM residential customers in the Oncor Electric Delivery service territory who change to a TXU Energy term service plan
- Current TXU Energy PowerStartSM residential customers in the Oncor Electric Delivery service territory who change to a TXU Energy term service plan
- Current TXU Energy Freedom PlanSM residential customers outside of the Oncor Electric Delivery service territory who change to a TXU Energy term service plan
- Current TXU Energy residential customers who enroll in the TXU Energy Rewards+® program
C. To receive one (1) Sweepstakes entry without becoming a TXU Energy customer, changing your current TXU Energy plan, or enrolling in TXU Energy Rewards+® program, visit www.txu.com/getenergyfit and sign up for free for TXU Energy’s Energy Fit Club by completing the online registration form during the Promotion Period; you can also enter via the alternate entry methods described in section D. Online entries must be received by 11:59:59 p.m. CT on April 30, 2009.
D. Alternate entry methods: Non-customers and TXU Energy customers may also enter without any purchase, obligation or enrollment by entering online at txu.com/energyfit by 11:59:59 p.m. CT on April 30, 2009 or by mail, subject to the limit of three (3) Sweepstakes entries per household by all methods of entry combined. To enter by mail hand-print or type your name, address, email address (if you have one), age and phone number on a postcard no larger than 4x6 inches and mail via first-class mail to: Get Energy Fit Now! Sweepstakes, PO Box 2142, Coppell, Texas 75019. Mail entries must be postmarked by April 30, 2009 and received no later than May 5, 2009. Mechanically reproduced and postage-due entries will not be accepted. Each postcard entry must be mailed separately and must not be in an envelope.
TXU Energy Retail Company LLC (“TXU Energy” or “Sponsor”) and other Sweepstakes Parties defined below are not responsible for printing or typographical errors; incorrect or inaccurate registration information; late, lost, misdirected, illegible or incomplete entries; computer system or phone line errors, software/hardware malfunctions or other errors; or for failures or delays in transmissions that are human or technical in nature. By entering, all participants agree to be bound by the terms of these Official Rules and the decisions of Sponsor and judges, which shall be final. Void outside Texas and where prohibited.
3. DRAWINGS AND PRIZES: One (1) Grand Prize winner will receive a $5,000 cash prize. One hundred (100) First Prize winners will receive an Electric EcoKit, containing energy-efficiency aids such as compact fluorescent light bulbs, draft stoppers and other items, with an Approximate Retail Value (ARV) of $20 each. The total ARV of all prizes is $7,000.
Winners will be selected in a random drawing from among all eligible entries received conducted on or about May 30, 2009, by Prism Marketing, whose decision is final in all matters. Odds of winning depend on the number of eligible entries received . Limit one (1) prize per household.
Potential winner of the Grand Prize will be notified by telephone or email within approximately five business days of conclusion of the Sweepstakes drawing. The potential Grand Prize winner will be required to sign and return an affidavit of eligibility and a liability/publicity release to receive their prize, or prize will be forfeited and Sponsor may select an alternate winner. First Prize winners will be automatically shipped their prize.
Prizes may not be substituted, transferred or redeemed for cash except at the sole discretion of Sponsor. In case of unavailability, Sponsor reserves the right to substitute a prize of equal or greater value. Any prize or portion of a prize not claimed or accepted will be forfeited, and Sponsor reserves the right in its sole discretion to select an alternate winner. Neither Sponsor nor its directors, employees, or agents, have made nor are in any manner responsible for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize, including but not limited to its quality, mechanical condition or fitness for a particular purpose. All prizes are awarded as is. Any and all warranties and/or guarantees on a prize (if any) are subject to the respective manufacturers’ terms therefor, and winners agree to look solely to such manufacturers for any such warranty and/or guarantee.
4. ELIGIBILITY: Sweepstakes is open to legal residents of the State of Texas 18 years of age and older as of January 25, 2009. Employees, officers, directors, agents, vendors and representatives of Sponsor and each of their parent companies, respective subsidiaries, affiliates and advertising/promotion agencies involved with this promotion (the “Sweepstakes Parties”) and the immediate families (spouse, siblings, parents, children and their respective spouses) and household members of such persons are not eligible to win.
5. RELEASE: By participating in the Sweepstakes, all entrants and winners, on behalf of themselves, their executors, heirs and assigns, agree to release, hold harmless and indemnify the Sweepstakes Parties from any and all liability, claims or actions of any kind whatsoever for injuries, damages or losses of any kind to persons or property which may be sustained in connection with the conduct, promotion or outcome of the Sweepstakes; receipt, ownership or use or misuse of any prize; or while preparing for, participating in or traveling to and/or from any prize-related activity in connection with the Sweepstakes or otherwise. Under no circumstances will Sponsor or the Sweepstakes Parties be liable for punitive, incidental, consequential, or any other damages. Notwithstanding the foregoing, winners are not waiving or releasing any right under any applicable rules or regulations of the Public Utility Commission of Texas governing retail electric providers.
Acceptance of prize constitutes permission for Sweepstakes Parties to use winner’s name, photograph or likeness for purposes of advertising and promotion for Sponsor in any and all forms of media without further compensation, except where prohibited by law.
6. GENERAL: Sponsor reserves the right, in its sole discretion, to cancel or suspend the Sweepstakes or any portion thereof should a virus, bug, malicious tampering, or other cause beyond the control of Sponsor corrupt the administration or proper play of the game. In the event of cancellation, Sponsor will award prizes in a random manner to be determined by Sponsor.
Sponsor reserves the right, at its sole discretion, to disqualify anyone found to be tampering with the entry process or the operation of the Sweepstakes or Web site hosting the Sweepstakes, or to be acting in violation of the Official Rules, or to be acting in an unsportsmanlike or disruptive manner or with intent to annoy, abuse, threaten or harass any other person.
Electronic entries will be deemed made by the authorized account holder of the email address submitted at the time of entry. The authorized account holder is deemed as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization that is responsible for assigning email addresses or the domain associated with the submitted email address. In the event of a dispute as to the identity of an online entrant, prize will be awarded to the person listed as the primary account holder for the email address from which entry was received, pursuant to above, subject to eligibility requirements.
Sponsor may modify and amend these Official Rules as they appear online from time to time during the Promotion for clarification purposes without materially affecting the terms and conditions of the Promotion. Sponsor is not responsible for any typographical or printing errors in the advertising of any prize included in the Sweepstakes or the Official Rules, Web site pages or other promotional materials.
7. CHOICE OF LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Texas, without regard for conflicts of law doctrine, and all proceedings shall take place in Dallas County, Texas.
8. WINNER LIST: To obtain the names of the winners, send a self-addressed, stamped envelope to TXU Energy Get Energy Fit Now! Winners, P.O. Box 585, Coppell, Texas 75019 by June 30, 2009.
9. DATA COLLECTION: Sponsor will be collecting personal data about participants when they enter the Sweepstakes. Please review Sponsor’s privacy policy statement at txu.com. By participating in the Sweepstakes, entrants hereby agree to all of the terms and conditions of the privacy statement of the Sponsor. If you do not wish to receive future sweepstakes or contest mailings from TXU Energy, please send a written request to TXU Energy at P.O. Box 660605, Dallas, TX 75266-0605, with your name and address, and we will remove your address from future sweepstakes/contests mailings within 60 days.
SPONSOR: TXU Energy Retail Company LLC, 6555 Sierra Drive, Irving, Texas 75039. REP #10004.
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