TXU Energy Power Saver Challenge

CONTEST OFFICIAL RULES

TXU Energy is looking for three people to participate in the TXU Energy Power Saver Challenge (the “Contest”), to compete for a Grand Prize of $30,000 by demonstrating energy savings through improvements to their home during the Contest. Participation in the Contest will require a substantial commitment by the three Finalists selected, so please read these rules carefully before entering.

Eligibility:   Contest is open to TXU Energy customers and consumers who become TXU Energy customers by 11:59:59 CT on July 25, 2008 (“Entrants”). Entrants must also (1) be legal residents of Texas 21 years of age or older and (2) own a single family home that is at least five years old and is in the deregulated energy part of the state (ERCOT territory). Employees, officers, directors, agents, vendors and representatives of TXU Energy Retail Company LLC (“Sponsor”), its parent company, subsidiaries, affiliates and advertising/promotion agencies involved with this promotion (the “Promotional Parties”) and the immediate families (spouse, siblings, parents, children and their respective spouses) and household members of such persons are not eligible. Void where prohibited. Contest is subject to all applicable federal, state, and local laws and regulations.

How To Enter:   Entrants must log on to TXU.com/powersaver between 12:00:01 a.m. CT on June 5, 2008 and 11:59:59 p.m. CT on July 25, 2008, and follow on-screen instructions to submit an entry.  Entry requires completion of a short eligibility questionnaire and the submission of an essay with a minimum of 50 words and maximum of 500 words that describes why saving energy is important to you and the planet. Entrants must have a valid e-mail address. In case of a dispute as to identity of any entry, the authorized account holder of the e-mail address used to enter will be deemed the Entrant. The “authorized account” holder is the natural person assigned an e-mail address by an Internet access provider, online service provider or other organization responsible for assigning e-mail addresses for the domain associated with the submitted address. Potential winners of the Contest may be required to show proof of being the authorized account holder.

Paper entries will also be accepted at the Dallas City Arts TXU Energy booth to be held June 13-15, 2008 in downtown Dallas.

Limit of one entry per household for the Contest.  The Essay must be written in English or Spanish and must be original, previously unpublished, the sole property of Entrant and not previously submitted in any other contest or promotion.  At the judges’ sole discretion, entries deemed incomplete, invalid, illegible, unsuitable, obscene or indecent content or that are potentially in violation of third party rights (including, but not limited to, copyrights) will be immediately disqualified and Sponsor will not be liable in any way for disqualified entries.

Entry Requirements to become a Finalist:

• Must be available for 3 business days (not consecutive) to have a video crew in their homes over the course of the Contest which is 3 months in duration.
• Must work with videographer’s schedule to have home audited and videotaped.
• Must live in their home during the entire Contest and cannot be absent from the home for more than 14 days during the Contest.
• Must agree to videotape their own home improvements and send them to the designated location for editing by the defined due dates, to be designated by videographer.
• Must agree to complete all home upgrades before a designated cut-off date.
• Must be willing to allow images of their family and home to be displayed on television, the Internet, radio and any other form of media, during and after the Contest, for purposes of publicity and advertising as determined in the sole discretion of the Sponsor. May include video, photographs, copy descriptions and other mediums.
• Must agree to remain a TXU Energy customer through December 31, 2008 otherwise prize may be forfeited.

Judging and Winner Selection:

Round One: Selection of Semifinalist

A panel of qualified judges from TXU Energy, PRISM Marketing Partners, and TexEnergy Solutions (the “Judges”) will select fifteen (15) Entries, five from each zone as outlined in these official rules, for the Power Saver Challenge from all eligible entries received (“Semi-Finalists”).  Entries will be judged on (1) appropriateness to the theme of demonstrating energy savings (50%), (2) originality and enthusiasm (25%) and (3) ingenuity and creativity (25%).  Judge’s decisions are final.  Semi-Finalists will be notified by e-mail or by phone on or about July 31, 2008 and will advance to Round Two.

Round Two: Selection of Finalists:

Each Semi-Finalist will be required to complete a detailed phone interview. Additionally, the Semi-Finalists will be required to submit up to 20 photos or a short video (less than 15 minutes) of their home and family, explaining why they think they should be chosen for the contest based on their home’s needs for an energy efficiency update.  The Semi-Finalists will be judged and selected based upon the following weighted criteria: (1) opportunity for energy savings (50%), (2) whether the residence is typical of residences in the Zone (25%), and (3) the Semi-Finalist’s enthusiasm to be a contestant as determined by the Judges (25%).  If any or all of the Semi-Finalists elect not to further participate in the Contest, the Judges in their sole discretion may elect to add Semi-Finalists from the remaining Entrants. In the event of a judging panel tie, PRISM Marketing Partners will make the final decision. The Judges will select three Entries from the Semi-finalists, one from each zone, to be Finalists in the Contest and the Finalists will be notified by email or by phone that they have advance to Round Three.

The zones are defined as the following: Zone 1 is Oncor Service Area; Zone 2 is CenterPoint Service Area; and Zone 3 is AEP Central, AEP North and TNMP Service Areas.

Round Three: Finalist Power Saver Challenge:

The Three Finalists will be given a home energy audit and then provided with $5,000 to spend on energy efficiency improvements to their home (the “Energy Efficiency Improvements”) during a two-month period (the “Finalist Challenge”) During the Finalist Challenge, the Finalists must document how the $5,000 is spent on the Energy Efficiency Improvements and must return any amount not used for qualified energy efficiency improvements, as determined by Sponsor in its sole discretion. Finalist will not be allowed to spend additional personal funds for home energy improvements during the Finalist Challenge. Each Finalist will also receive a High-Definition video camcorder which will be used to record and document the Energy Efficiency Improvements. Additional details will be provided to the Finalists.

After the completion of the Finalist Challenge, the Grand Prize Winner will be selected based on the following judging criteria: (1) Improvement in HERS (Home Energy Rater System) Index based upon energy efficiency audits completed of the Finalist’s home at the beginning and end of the Finalist Challenge (40%), (2) Winner of Web voting for best Finalist Challenge video (20%), (3) Ingenuity and problem solving (20%) and (4) energy-saving behavior changes (20%).

Prizes: 

One (1) Grand Prize of $30,000 cash.

Three (3) Finalist Prizes of a High-Definition video camcorder (ARV: $1,000) and $5,000 which is to be spent on energy improvements during the Finalist Challenge.

Twelve (12) Semi-Finalist Prizes of a $100 electricity bill credit with TXU Energy.

No cash substitutions for prizes will be permitted and prizes are non-refundable and non-transferable except at sole discretion of Sponsor.  Sponsor reserves the right to substitute prize of equal or greater value. Prize winners may forfeit their prizes if they cease being TXU Energy customers prior to December 31, 2008. Federal, state and local taxes on prizes are the sole responsibility of the winner.

General:   By entering the Contest, Entrants accept and agree to these rules and the decision of the judges, which shall be final.  Finalists will be required to sign a Winner’s Affidavit and Liability/Publicity Release and return it by date specified in notification letter or Finalist status will be forfeited.  By submitting an entry, a winner agrees to allow use of his or her name, photograph, likeness and biographical information for advertising and promotional purposes in any and all media (including online) without limitation as to time or territory and without additional compensation, except where prohibited. All entries will become the property of Sponsor and will not be returned.  Submission of an entry grants Sponsor and its agents the right to publish, use, adapt, edit and/or modify such entry in any way, in any and all media, without limitation, and without consideration to the Entrant.  Submission of any entry further constitutes the Entrant’s consent to irrevocably assign and transfer to Sponsor any and all rights, title and interest in the entry, including, without limitation, all copyrights.

Other Conditions:   Sponsor assumes no responsibility for computer system, phone line, hardware, software or program malfunctions or other errors, failures of any kinds, delayed computer transmissions or network connections that are human or technical in nature.  Online entries generated by script, macro or other automated means will be disqualified. Sponsor reserves the right in its sole discretion to cancel or suspend this Contest, in its entirety or in part, should virus, bug, tampering, unauthorized intervention, fraud, technical failures, or other causes beyond Sponsor’s control corrupt the administration, security, fairness, integrity or proper play of the Contest. In the event Sponsor cancels the promotion, prizes will be awarded by judging eligible entries received as of the time of such action.  Sponsor is not responsible for incorrect or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Contest by any technical or human errors which may occur in the processing of the entries in the Contest.  By entering, Entrants agree to release the Promotional Parties and each of their respective officers, directors, employees and agents, from any and all liability, loss or damage incurred with respect to the on-site filming and energy audits, or the energy efficiency improvements implemented by Finalists.  Entrants waive all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses.  Entrants further agree that all causes of action arising out of or connected with this Contest, or any prize awarded, shall be resolved individually, without resort to any form of class action.   By entering, Entrants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, participant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of State of Texas, without giving effect to any choice of law or conflict of law rules.  By entering, Entrants consent to the jurisdiction and venue of the federal, state and local courts located in Dallas, Texas. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the game or website or to be acting in violation of the Rules.

Winners List:   For a copy of the winners list, send a self-addressed stamped envelope to: TXU Energy Power Saver Challenge Contest Winner, PO Box 585, Coppell, Texas 75019, by November 30, 2008.

Data Collection:   Sponsor will be collecting personal data about participants when they enter the Contest.  Please review Sponsor’s privacy policy statement at www.txu.com.  By participating in the Contest, 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 us 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