Deep Green Selfie Official Rules
NO PURCHASE NECESSARY TO ENTER OR TO WIN. VOID WHERE PROHIBITED. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. PARTICIPATION IN THE SWEEPSTAKES CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE OFFICIAL RULES. Individuals who participate in the Sweepstakes or submit an entry may be referred to herein as an “Individual Entrant.” Deep Green businesses that participate in the Sweepstakes or submit an entry may be referred to herein as a “Business Entrant.”
Marin Clean Energy, 1125 Tamalpais Avenue, San Rafael, CA 94901.
The Sweepstakes begins on October 1, 2015 at 12:00:01 a.m. Pacific Daylight Time (“PDT”) and ends on October 31, 2015 at 11:59:59 p.m. PDT (the “Sweepstakes Period”). Sponsor’s computer is the official time keeping device for this Sweepstakes.
HOW TO ENTER
During the Sweepstakes Period, Individual Entrants may enter by posting a photo accompanied by the hashtags #DeepGreenChamps and #[name of the business location, if applicable] to one of the social media sites identified below of a Deep Green window cling or sticker hung at a Deep Green business or residence in Marin County, California, unincorporated Napa County, California, the City of San Pablo, California, the City of Richmond, California, the City of Richmond, California, the City of El Cerrito, California, or the City of Benicia, California. Each photo of a business or residence with a Deep Green window cling will count as one entry; however, Individual Entrants only receive one entry credit per business or residence. The limit of one entry per business or residence using a Deep Green window cling or sticker applies regardless of the social media site used.
During the Sweepstakes Period, Business Entrants may enter by having a photo taken at their business location by an Individual Entrant accompanied by the hashtags #DeepGreenChamps and #[name of their business] on one of the social media sites identified above of a Deep Green window cling or sticker hung at their Deep Green business in Marin County, California, unincorporated Napa County, California, the City of San Pablo, California, the City of Richmond, California, the City of Richmond, California, the City of El Cerrito, California, or the City of Benicia, California. Business Entrants may also enter by posting a photo of their own Deep Green window cling or sticker hung at their Deep Green business location to their Yelp business account. A limit of one Yelp photo will be counted. Business Entrants will receive 5 entries per valid Yelp photo.
The Sweepstakes is open only to Individual/Business Entrants who are at least 13 years of age on the entry date and who are legal residents of California. Employees of Marin Clean Energy (MCE) and the immediate family members (spouse, parents, siblings, and children) and household members of each such employee are not eligible. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations and is void where prohibited. Participation in the Sweepstakes constitutes Individual/Business Entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes.
Photos submitted by a Individual/Business Entrant must be in .JPG, .PNG, or .TIF format. All photos must be original, unpublished, the sole property of the Entrant, and may not have won previous awards. By submitting a photo, a Individual/Business Entrant agrees that the photo complies with these Official Rules and does not contain a virus. By submitting a photo, a Individual/Business Entrant warrants and represents that he/she and any persons appearing or who are identifiable in the photo consent to the submission and use of the entry in the Sweepstakes and to use as otherwise set forth herein. Photo entries may not contain, as determined by the Sponsor its sole discretion, any content that:
- Is sexually explicit or suggestive; unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional, or age group; profane or pornographic; contains nudity;
- Promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous, promotes any particular political agenda or message;
- Is obscene or offensive; endorses any form of hate or hate group;
- Appears to duplicate other submitted entries;
- Defames misrepresents, or contains disparaging remarks about other people or companies;
- Contains trademarks, logos, or trade dress owned by others, without permission;
- Contains copyrighted materials owned by others without permission;
- Contains materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without permission;
- Contains look-alikes of celebrities or other public or private figures, living or dead;
- Communicates messages or images inconsistent with the positive image and/or good will with which Sponsor wishes to associate; and/or
- Violates any law.
Sponsor may disqualify any entry for any reason, including if it determines that the entry fails to conform to these Official Rules in any way or otherwise contains unacceptable content. Sponsor is under no obligation to disclose why an entry has been disqualified.
The winning Individual Entrant will receive a $200 gift certificate or gift card to a Deep Green business of the winner’s choosing. The business for which the gift card value is valid must be a current MCE Deep Green customer as determined by MCE.
The winning Business Entrant will receive a 3rd Generation Nest Learning Thermostat.
No substitutions, cash equivalents, or transfer of Prizes is permitted except at the sole discretion of the Sponsor, who reserves the right to substitute a Prize (or portion thereof) with one of comparable or greater value, at is sole discretion. Prizes may not be sold, bartered, or exchanged by any winner. All federal, state, and/or other tax liabilities including income taxes arising from acceptance of the Prizes in this Sweepstakes are the sole responsibility of the Prize winners.
If the Prize winner is a minor, the Prize will be awarded in the name of, or to, the Prize winner’s parent/legal guardian who must execute all documents and agree to all obligations and undertakings of the Prize winner, both on behalf of himself/herself and the Prize winner, or the Prize will be forfeited and awarded to an alternate winner.
WINNER SELECTION AND NOTIFICATION
Potential winners will be chosen in a random drawing conducted by Sponsor from among all eligible entries received for the Sweepstakes on November 4, 2015. Odds of winning the Sweepstakes will depend upon the number of eligible entries received for Sweepstakes. Winners will be notified within 10 business days following the conclusion of the Sweepstakes by message by Facebook.com, Twitter.com, Instagram.com, and/or via e-mail and/or telephone, depending on the information provided at the time of entry. Sponsor shall have no liability for a winner’s failure to receive notices due to spam, junk e-mail, or other security settings or for provision of incorrect or otherwise non-functioning contact information. If the selected winner cannot be contacted, is ineligible, fails to claim the Prize within 15 days from the time award notification was sent, or fails to comply with the Official Rules, selected winner may be forfeited and an alternate winner selected.
Potential winners are subject to eligibility verification and compliance with these Official Rules. Potential winners may be required to sign and return to the Sponsor an Affidavit of Eligibility/Liability Release with (where lawful) a Publicity Release by the Sponsor by the due date indicated in the notification. If any required documents are not returned within the required number of days, or if any notification is returned as undeliverable, then Prize may be forfeited and an alternate winner selected from amongst all remaining entries. Acceptance of any Prize constitutes permission for the Sponsor and its designees to use winners’ names and likenesses for advertising and promotional purposes without additional compensation unless prohibited by law. Should a potential winner decide to decline the Prize for any reason whatsoever, Sponsor shall have no further obligation to that potential winner, and an alternate potential winner will be notified. Sponsor’s decisions are final and binding on all matters. Any questions, comments, or complaints regarding the Sweepstakes are to be directed to the Sponsor at the address set forth in these Official Rules.
Any violation of the Official Rules by winner at Sponsor’s sole discretion will result in winner’s disqualification as winner of the Sweepstakes and all privileges as winner will immediately be terminated.
To obtain a copy of the Winners’ names or a copy of the Official Rules, mail a request along with a stamped, self-addressed envelope to: Marin Clean Energy, Attention: Social Media Sweepstakes Winner List, 1125 Tamalpais Avenue, San Rafael, CA 94901. Requests must be received no later than December 31, 2015.
OWNERSHIP/USE OF ENTRIES
By submitting an entry, each Individual/Business Entrant agrees Sponsor shall have a perpetual, irrevocable, assignable, royalty free, fully paid-up license to reproduce, exploit, edit, modify, post, disseminate, publish, create derivative works of, distribute, and otherwise use the entry and all elements of such entry, including, without limitation, the names and likenesses of any persons or locations embodied therein, in any and all media now known or hereafter devised (including, without limitation, on Sponsor’s websites and physical location), in perpetuity without compensation or notification to, or permission from, Individual/Business Entrant or any third party. In addition, the rights granted to Sponsor include, but are not limited to, the right to resize, crop, censor, compress, edit, feature, caption, affix logos to, and otherwise alter or make use of the submitted work.
By submitting an entry, each Individual/Business Entrant (and Entrant’s heirs, successors, and assigns) releases, forever discharges, covenants not to make a claim against or sue Sponsor (and Sponsor’s managers, directors, officers, employees, parents, subsidiaries, affiliates, agents, representatives, successors, and assigns) and agrees to indemnify and hold harmless the Sponsor (and Sponsor’s managers, directors, officers, employees, parents, subsidiaries, affiliates, agents, representatives, successors, and assigns) from and against any liability for any damages, claims, costs (including, without limitation, reasonable attorneys’ fees), injury, or losses to any person (including death) or property, of any kind, resulting in whole or in part, directly or indirectly, from entry into the Sweepstakes, participation in the Sweepstakes, Sweepstakes-related activity, acceptance of the Prize, possession of the Prize, or misuse of the Prize. Individual/Business Entrant waives and foregoes the right to seek injunctive relief against anyone relating in any way to the entry, the Sweepstakes, or the use, incorporation, or exploitation of the materials for any purpose described in these Official Rules.
By entering into this Sweepstakes, Individual/Business Entrant agrees to the following statement: I expressly understand that Section 1542 of the California Civil Code provides substantially as follows:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
The provisions of this Section 1542 of the California Civil Code and any similar law of any state, territory, or other jurisdiction are hereby expressly waived.
LIMITATION OF LIABILITY
Sponsor is not responsible for late, lost, damages, misdirected, incomplete, illegible, undeliverable, destroyed, and/or lost, late misdirected, undeliverable or incomplete entries due to system errors or failures, or faulty transmission and/or entries not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, or garbled computer or telephone transmissions, or for any problems or technical malfunctions of any telephone network or lines, computer online systems, servers or providers, computer equipment, or entries not received by Sponsor on account of technical problems or traffic congestion on computer networks, or any combination thereof, including any injury or damage to Individual/Business Entrant’s or other person’s computer related to or resulting from participating in the Sweepstakes or downloading any material for the Sweepstakes, or other telecommunications malfunctions which may limit an Individual/Business Entrant’s ability to participate. Sponsor may prohibit an Individual/Business Entrant from participating in the Sweepstakes or winning a Prize if, in its sole discretion, it determines that said Individual/Business Entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs), or intending to annoy, abuse, threaten or harass any other Individual/Business Entrant or Sponsor representatives. Any attempt by any person to deliberately damage any website or undermine the legitimate operation of the Sweepstakes is in violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. If for any reason this Sweepstakes is not capable of running as planned, including but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, or any other causes beyond the reasonable control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, then Sponsor reserves its right at its sole discretion to cancel, terminate, modify, or suspend the Sweepstakes.
To the maximum extent permitted by law, in no event will the Sponsor be responsible or otherwise liable for any damages or losses of any kind, including direct, indirect, incidental, consequential or punitive damages related to the promotion.
Winners agree that all Prizes are provided “as is” without any warranty, representation, or guarantee, express or implied, in fact or in law, whether now known or hereinafter enacted, relative to the use or enjoyment of the Prize, including, without limitation, its quality, merchantability, or fitness for a particular purpose. Further, Sponsor accepts no responsibility for any additional expenses, omissions, delays, or re-routing resulting from any acts of any government authority.
By submitting an entry and/or participating in this Sweepstakes, the Individual/Business Entrant agrees that any claim or dispute at law or equity that has arisen or may arise relating in any way to or arising out of the Sweepstakes or the Official Rules will resolved in accordance with the provisions set forth in this Dispute Resolution section.
Except where prohibited, Individual/Business Entrant agrees that: (i) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes or any Prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate state or federal court located in Marin County, California, or San Francisco, California; (ii) any and all claims, judgments, and awards on behalf of Individual/Business Entrant shall be limited to actual out-of-pocket costs incurred, if any, including costs associated with entering in this Sweepstakes, but in no event attorneys’ fees, and in no event to exceed two hundred fifty dollars ($250); (iii) under no circumstances will Individual/Business Entrant be permitted to obtain awards for, and Individual/Business Entrant hereby waives all rights to claim indirect, punitive, incidental or consequential damages and any other damages, other than actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased; and, (iv) this Sweepstakes and any dispute arising under or related thereto (whether for breach of contract tortious conduct, or otherwise) will be governed by the internal laws of the State of California.