Direct Energy, LP ("Direct Energy")
Holiday Referrals Sweepstakes ("The Contest")
OFFICIAL RULES & REGULATIONS
NO PURCHASE NECESSARY TO ENTER OR WIN. ALL FEDERAL, STATE, AND LOCAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED. PARTICIPANTS MUST BE 18 YEARS OF AGE OR OLDER AT THE TIME OF ENTRY AND LEGAL RESIDENTS OF THE UNITED STATES.
- The Contest begins at 12:00:01 a.m. CST on October 22, 2017 and ends at 11:59:59 p.m. CST on December 31, 2017. The winner will be chosen on Wednesday, February 28, 2018 and notified by email or by phone at the phone number provided on his /her Account profile. For all purposes of this Contest, Direct Energy's website computer is the official clock.
- The Contest is open to legal residents of the United States who are at least 18 years of age.. Employees of Direct Energy, LP ("Sponsor"), affiliated companies, and advertising and promotional agencies, and the immediate family members of, and any persons domiciled with, any such employees, are not eligible to enter or to win. The term "immediate family members" includes spouses, parents, grandparents, siblings, children, and grandchildren.
- Prize; Winner will receive one (1) $500.00 Visa Prepaid Gift Card. Visa Prepaid Gift Card is issued pursuant to a loyalty, reward or other promotional program. Expiration dates, Terms and Conditions apply. For complete details visit https://www.myprepaidcenter.com/site/visa-promo/standard/faqs. Prepaid card cannot be redeemed for cash, except where required by law. Offer void where prohibited by law. Prepaid card is issued by MetaBank®, Member FDIC, pursuant to a license from Visa U.S.A. Inc. Direct Energy is not affiliated with MetaBank or Visa U.S.A. Inc. Visa is not a sponsor, endorser or participant of this promotion.
- Incidental expenses and all other costs and expenses which are not specifically listed as part of a prize in these official contest Rules and Regulations and which may be associated with the award, acceptance, receipt and use of all or any portion of the awarded prize are solely the responsibility of the prize winner. No cash will exchange. Prize is not transferable. Winner will be notified in advance and the Visa Prepaid Gift Card prize will be mailed within 4-6 weeks of official notification to the winner, to the address included within the participant's Direct Energy billing account information.
- Winner of the Contest will be determined by random drawing selected from a list of all customers who successfully enrolled with Sponsor in compliance with Sponsor's Refer a Friend Program ("RAF"). One (1) entry will be included in the drawing for every successful Refer a Friend enrollment from October 23 – December 31, 2017. For detailed information on how to participate in the Direct Energy Refer-a-Friend Program, visit https://www.directenergy.com/refer-a-friend. To refer a friend and receive a qualified entry into the contest, simply have them visit https://www.directenergy.com to enroll in any of the featured Direct Energy electricity and/or natural gas plans and enter your unique Referral code in the specified field within the order form . You can access your unique Referral code by logging into your Account at www.directenergy.com/refer-a-friend. Each qualified referral will automatically get you one entry into this Contest upon a completed enrollment.
- Sponsor to provide and contest prize winner is required to return, a completed, signed, notarized, and unmodified official affidavit of eligibility, release of liability, and (except where prohibited) publicity release (collectively, "Affidavit/Release"), and any other documentation required by Sponsor in its sole discretion, within ten (10) or less business days after such notification.
- Prize and prize notifications will only be sent to addresses within the U.S. If a potential prize winner cannot be reached, if he/she is found to be ineligible, if he/she cannot or does not comply with these Official Rules and Regulations, if prize or prize notification is returned as undeliverable, such potential prize winner will be disqualified, and an alternate potential prize winner may be selected (at Sponsor's sole discretion) from all remaining eligible Contest entries received. Winners are responsible for all taxes incurred by winning prizes and may have to complete an IRS Form 1099, accessible through the IRS website at www.irs.gov/forms-pubs/about-form-1099 before the prize will be awarded and any release and waiver forms.
- By accepting the Prize, except where legally prohibited, winner grants permission for Sponsor and its designees to use winner's name, address (city and state), photograph, voice and/or other likeness and Prize information for advertising, trade and promotional purposes relating to this Sweepstakes, without further compensation, in all media now known or hereafter discovered, worldwide in perpetuity, without notice or review or approval.
- By participating in this Contest, each entrant accepts the conditions stated in the Contest Rules and Regulations and agrees to be bound by the decisions of the Contest judges and warrants that she/he is eligible to participate in this Contest.
- No Cash will be substituted for this Prize. Prize substitutions, rule changes or additions, and contest modifications or withdrawal may occur at Sponsor's sole discretion. Any rules dispute shall be determined by discretion of the management, of Sponsor.
- Sponsor reserves the right, in its sole discretion, to cancel or suspend the Contest and randomly award the prize from among eligible entries received at the time of such action, should a virus, bugs, malicious tampering or other causes beyond the control of Sponsor, corrupt the administration of proper referral enrollments. Sponsor reserves the exclusive right to, in its sole discretion, temporarily or permanently discontinue the Contest at any time.
- Sponsor reserves the right, at its sole discretion, to disqualify anyone found to be: 1) tampering with the entry process or the operation of the Contest or website hosting the Contest, 2) acting in violation of these Official Rules, or 3) acting in an unsportsmanlike or disruptive manner or with intent to annoy, abuse, threaten or harass any other person. Any attempt by an entrant or any other individual to deliberately damage the website where online entries are received or undermine the legitimate operation of the Contest is in violation of criminal and civil laws. Sponsor reserves the right to seek damages from any such entrant or individual to the fullest extent permitted by law.
- By participating in this Contest, entrants agree to hold harmless and indemnify Direct Energy, and its parent, affiliates, subsidiaries, directors, officers, governors, representatives, dealers, advertising and promotion agencies, judging organization, employees and agents (hereinafter, the "Released Parties") from and against any and all liability, damages or causes of action (however named or described) with respect to or arising out of either: (i) entrant's participation in the Contest, (ii) the receipt or use of the Prize awarded herein; or (iii) the administration of the Contest and distribution of the Prize awarded herein.
- Entrants hereby release, waive and discharge any and all claims of damage, loss or causes of action (including, negligence), including (but not limited to) death, personal injury or loss or damage to property, which the entrant or any of the entrant's representatives, heirs, next of kin or assignees ("Entrant's Representatives") may have or which may hereinafter accrue to the entrant or Entrant Representatives against the Released Parties as a result of the entrant's participation in the Contest or the receipt or use of the Prize(s) awarded herein.
- The Released Parties are not responsible for tampering or human errors, including gross negligence, affecting the proper administration and conduct of this Contest; nor is responsibility assumed for printing errors appearing within these rules, any Contest related advertisements or other materials. Entries void if reproduced or forged. All entries become the property of Sponsor and will not be returned.
- The Sweepstakes and the official rules shall be governed according to the laws of Texas , without regard to principles of conflicts of laws. All claims, actions or suits must be brought in a court of competent jurisdiction in Harris County, Houston, Texas .
- The failure of Sponsor and Sweepstakes Administrator to comply with any provision of these Official Rules and Regulations due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of the Sponsor (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Official Rules and Regulations.
- If any term and/or section in these Rules and Regulations is to any extent illegal, otherwise invalid, or incapable of being enforced, such term/section shall be excluded to the extent of such invalidity or unenforceability; all other terms/sections hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term/section shall be deemed replaced by a term/section that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term/section.