Smart Electric Sweepstakes Official Rules
REAL GOODS SOLAR
ELECTRIC VEHICLE LEASE AND SOLAR ELECTRIC SYSTEM SWEEPSTAKES
Official Rules (“Official Rules”)
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
ELIGIBILITY: Only legal residents of California, Colorado, Connecticut, Massachusetts, New Jersey, and Vermont are eligible to enter. Entrants (sometimes, “you,” “your”) must be 21 years of age or older and must own a single family, detached home in one of the states listed above to be eligible to enter. Individuals who already have an interconnected solar electric system attached to their home and lease or otherwise finance the system must obtain approval to add additional panels to the existing system from their finance provider and must provide such approval to the sponsor in writing. Real Goods Solar, Inc. is the sponsor (“Sponsor”) of the Electric Vehicle Lease and Solar Electric System Sweepstakes (the “Sweepstakes”). Not open to employees, officers, or directors, or to members of the immediate family or household of any employee, officer, or director, of Sponsor or any participating business or retail location providing Sweepstakes entry forms, or any of their parents, subsidiaries, affiliates, dealers, retailers, resellers, or any advertising or promotion agencies involved in this promotion (collectively, the “Sweepstakes Entities”). The Sweepstakes is subject to all applicable laws and is void where prohibited.
SWEEPSTAKES PERIOD: The Sweepstakes begins on February 11, 2013 at 9:00 a.m. Pacific Standard Time and ends on September 30, 2013 at 6:00 p.m. Pacific Daylight Time (the “Sweepstakes Period”). The Sponsor’s database computer is the official time-keeping device for this Sweepstakes. By entering the Sweepstakes, you accept and agree to comply with these Official Rules and the decisions of the Sponsor, which shall be final and binding in all respects.
DRAWING AND WINNER NOTIFICATION: The winner of the Sweepstakes will be randomly selected by the Sweepstakes judges from all eligible entries received by Sponsor during the Sweepstakes Period. The random drawing will be conducted on or about October 15, 2013. The potential winner will be notified by telephone and/or email and/or mail using the contact information provided at the time of entry. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason. If the potential winner does not respond within ten days after the first notification attempt, or if the prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner may be disqualified and an alternate winner may be selected. If any potential winner is found to be ineligible, or if she or he has not complied with these Official Rules or declines a prize for any reason prior to award, such potential winner will be disqualified and an alternate winner will be selected.
PRIZES/ODDS: One (1) Grand Prize is available and will be awarded to the winner, provided sufficient eligible entries are received. The Grand Prize consists of:
(i) one home solar electric system from Real Goods Solar, up to 1.5 kilowatts DC with standard roof installation included (the “System”; approximate retail value (“ARV”) up to $7,500);
(ii) a solar consultation and site analysis of your home by Sponsor;
(iii) the design and installation of the System, at mutually-convenient dates and times; and
(iv) a three year pre-paid vehicle lease for an all-electric Smart Car (ARV – $7,500-$10,000).
CONDITIONS FOR RECEIVING GRAND PRIZE: Winner must be a licensed driver 21years of age or older with a sufficient credit score to qualify for the vehicle lease with Smart Center San Francisco and to sign the vehicle lease documents with Smart Center San Francisco. The vehicle lease will be in the winner’s name. The Sponsor will issue a joint check to the winner and Smart Center San Francisco for the full pre-paid amount of the three-year vehicle lease. The winner agrees to use the check to pay for the lease. Winner is responsible for all taxes, titles, and insurance related to the Grand Prize. Winner must have automobile insurance secured for the leased vehicle to win the Grand Prize. The Sponsor will issue an IRS Form 1099 to the winner for the value of the goods and services estimated at $7,500 – $10,000 for the car lease plus another amount up to $7,500 for the cost of the solar system. Winner agrees to provide social security number or EIN to Sponsor for this purpose. Winner will be responsible for cost of the System above 1.5 kilowatts DC and for costs associated with installation beyond standard roof installation. The actual retail value of the System may vary depending on winner’s residence. No cash alternative or prize substitution will be allowed, except in Sponsor’s sole discretion.
CONSUMER DISCLOSURE: No purchase or payment of any kind is necessary to enter or win this Sweepstakes. By entering the Sweepstakes, you are not guaranteed to win the Grand Prize. Odds of winning the Grand Prize depend on the number of eligible entries received. Real Goods Solar, Inc. is the sponsor of this Sweepstakes, with its principal place of business located at 833 W. South Boulder Road, Louisville, CO 80027. Receipt of prize is subject to the residency and other restrictions noted above in eligibility section. Winner may be required to execute an affidavit of eligibility, a liability release, and/or a publicity release (collectively, “Prize Claim Documents”) to claim the Grand Prize. Deadline for submission of entries is September 30, 2013 at 6:00 p.m. Pacific Daylight Time.
GENERAL PRIZE CONDITIONS: Winner is responsible for all federal, state, and/or local taxes, and for any other fees or costs associated with acceptance or use of the Grand Prize. Each potential winner may be required to execute any or all of the Prize Claim Documents. Failure to sign and return the Prize Claim Documents when requested may result in disqualification and selection of an alternate winner.
GENERAL PROVISIONS: Acceptance of the Grand Prize constitutes winner’s permission for Sponsor to use winner’s name, photograph, likeness, voice, biographical information, statements and address (city and state) for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation, except where prohibited by law. Entrants agree that the Sweepstakes Entities (i) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses, or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Sweepstakes or any Sweepstakes-related activity, or from entrants’ acceptance, receipt, possession and/or use or misuse of any prize, and (ii) have not made any warranty, representation or guarantee, express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose or implied warranty of merchantability.
Sponsor assumes no responsibility for any damage to an entrant’s computer system or telephone which is occasioned by accessing the Website or the Phone Number or otherwise participating in the Sweepstakes, or for any computer system, phone line, hardware, software, or program malfunctions, or other errors, failures, or delays. Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, misdirected, late, lost, or damaged submissions or prize notifications; or for lost, interrupted, inaccessible or unavailable networks, severs, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, cable, or telephone transmissions; or for any technical malfunctions, failures, difficulties, or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information.
Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Sweepstakes or the Website or the Phone Number, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten, or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, incomplete, forged, software-generated, or other automated multiple entries will be accepted.
In the event of a dispute as to the identity of the entrant, any entry will be deemed submitted by the authorized account holder of the e-mail account or telephone account from which it was sent or from which the entry call was placed, provided such account holder must still meet the eligibility requirements for the Sweepstakes. The authorized account holder shall be the natural person to whom the applicable email address or telephone number has been assigned by the Internet access provider, service provider, or other online organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address, or by the telephone service provider responsible for assigning telephone numbers associated with the telephone number from which the entry call was placed.
Sponsor reserves the right to modify, extend, suspend, or terminate the Sweepstakes, in whole or in part, if it determines, in its sole discretion, that the Sweepstakes is technically impaired or corrupted or that fraud or technical problems, failures, malfunctions or other unintended circumstances have impaired the integrity, administration, security, proper play, and/or feasibility of the Sweepstakes as contemplated herein. If the Sweepstakes is terminated before the designated end date, Sponsor will (if possible) select a winner in a random drawing from all eligible, non-suspect entries unaffected by the problem. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy in such circumstances.
Only the type and quantity of prizes described in these Official Rules will be awarded.
DISPUTES/GOVERNING LAW & VENUE: ENTRANT AGREES THAT: (A) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SWEEPSTAKES, OR ANY PRIZES AWARDED, 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; ENTRANT SUBMITS TO SOLE AND EXCLUSIVE PERSONAL JURISDICTION TO SAID COURTS IN THE CITY AND COUNTY OF DENVER, 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, INCLUDING COSTS ASSOCIATED WITH ENTERING THIS SWEEPSTAKES, BUT IN NO EVENT WILL AN ENTRANT BE ENTITLED TO RECEIVE ATTORNEYS’ FEES; AND (C) 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 FOR ACTUAL OUT-OF-POCKET EXPENSES, AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant or Sponsor in connection with the Sweepstakes 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 or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Colorado.
WINNERS’ LIST/OFFICIAL RULES: A winner’s list will be available after October 15, 2013 on the Website or by calling the Phone Number. These Officials Rules will be posted on the Website.
SPONSOR: Real Goods Solar, Inc., 833 W. South Boulder Road, Louisville, CO 80027.