OAM Warm Up To Winter Contest (the "Contest")
Official Rules & Regulations
CONTEST IS OPEN ONLY TO COMPETITIVE CUSTOMERS OF DIRECT ENERGY. CONTEST STARTS ON 12/01/20 AND ENDS ON 01/31/21. ALL PROVINCIAL, LOCAL AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.
By entering this Contest, entrant affirms that he/she has reviewed these Official Rules & Regulations ("Official Rules") and hereby agrees and accepts all terms and conditions contained herein. The Contest begins at 12:01:00 a.m. on December 1, 2020 and ends at 11:59:59 p.m. on January 31, 2021 (the "Contest Closing Date").
- Eligibility: The Contest is only open to Competitive Direct Energy residential customers.
Employees of Direct Energy Marketing Limited ("Sponsor") and its respective parents, divisions, affiliates, subsidiaries, promotional or marketing agencies, and their immediate family members (parent, child, sibling and spouse) and persons living in the same households of each such employee (whether related or not) are not eligible. Participation in the Contest constitutes entrants full and unconditional agreement to, and acceptance of, these Official Rules. Winning a prize is contingent upon fulfilling all requirements set forth herein.
- Contest Entry: To enter, you must sign-up for recurring payment plan/pre-authorized/autopay payment ("Autopay") before the Contest Closing Date. Enrollment in Autopay will earn you one (1) Contest entry. There's a maximum of one entry per household. If you are already enrolled in autopay, you will be automatically entered into the Contest, by logging in to your OAM account during the contest period. Notwithstanding anything else in these Official Rules, the Sponsor may limit the total number of entrants at its sole and absolute discretion, and if it does so, then no additional enrollment entries will be accepted.
- Prizes: Ten (10) potential prize winners (the "Winner") will be selected in a random drawing conducted by Sponsor. There will be ten (10) Grand Prize Winners who will each receive a bill credit for the supply portion, including taxes and fees, of his or her residential meter rate electricity and gas account of $2,500.00 (the "Grand Prize").
Sponsor is not responsible for any inability of winners to accept or utilize any Prize. Free electricity and gas will begin April 1, 2021 and remain in effect until the Prize amount is exhausted. Winners must remain a Direct Energy competitive customer to receive the Prize. You are not obligated to remain Sponsor’s customer after receipt of the Prize and may close your energy account at any time (as defined in your contract), but doing so will result in the forfeiture of the unused balance of the Prize credit. Further to this, if the residential service account covered by the Prize credit is terminated, closed, switched, or cancelled for any reason other than a move to another residential account in the Sponsor service territory, the remaining unused balance of the prize credit will be forfeited. At the conclusion of the service, any unused portion of the value will be forfeited. In the event of a move within the Sponsor service territory, prize credit may be transferred to a new account in winner’s name upon a 14-day notice to Sponsor.
All Prizes are awarded "AS IS" and without guaranty, representation or warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). Any depiction of prizes in Contest materials or otherwise, are for illustrative purposes only. All taxes or fees arising from participation in the Contest or award of the Prizes including, without limitation, income taxes are the sole responsibility of the Prize winners. Sponsor reserves the right to substitute a prize of equal or greater value for any reason. If applicable, lost or stolen Prize will not be replaced. Winners are solely responsible for compliance with any restrictions. Sponsor will not be responsible for incomplete, lost, late, misdirected, damaged, inaccurate, deceptive or illegible entries. Any questions regarding the number of entries submitted shall be determined by Sponsor in its sole discretion, and Sponsor reserves the right to disqualify any entries determined to be false, fraudulent or deceptive or that are submitted by person(s) determined to be tampering with or abusing any aspect of the Contest.
- Winner Selection: Potential winners of the Prizes will be selected by random drawing to be conducted by an employee of Sponsor among all eligible enrollment entries received. The drawing for the Prizes will be conducted on or about February 25, 2021. Winners of the Prizes must be a Direct Energy customer at the time of the draw.
- Odds: Odds of winning depend upon the total number of eligible entries received. Each entry will have an equal chance of winning. The Prize will be awarded, provided a sufficient number of qualified eligible entries are received.
- Winner Notification and Acceptance: The potential winners of the Prize will be notified by the email address provided on the account within a reasonable period after the completion of the applicable drawing. If there has been no response from the potential winner within one (1) week of the notification by email or telephone, or if arrangements for collection of the prize have not been made by the potential winner within two (2) weeks of the potential winner’s response, the potential winner will forfeit the Prize and the Sponsor has a right to randomly draw for another potential winner from the remaining entries. The Prize will be awarded to the eligible individual submitting the entry. The potential winner will be required to successfully answer a mathematical skill-testing question before he or she will be determined to be a winner. Failure to correctly answer the question will result in that person being disqualified (for that drawing) and another potential winner will be selected. The selected entrant may not substitute a third party to answer the skill-testing question on his/her behalf. By entering, entrants agree to be bound to the decisions of the Sponsor, which will be final and binding in all respects.
The potential winner will be required to sign and return an Affidavit of Eligibility, Address Confirmation and a Publicity/Liability Release by the return date specified in the Prize notification letter, or he or she will forfeit his or her respective Prize. Failure to sign and return the required documentation within the specified time in the Prize notification letter, or to comply with any terms or condition of these Official Rules, may result in potential winner’s disqualification, forfeiture of his or her interest in the Prize, and the award of the Prize to an alternate potential winner. The potential winner may waive his or her rights to receive the Prize. No Prize transfers, substitutions, assignment, exchange or cash redemptions or cash equivalents are permitted except at the sole discretion of Sponsor. In the event of such a forfeiture, or if a potential winner is unreachable, the Prize notification letter is returned as undeliverable, or if a potential winner declines acceptance of the Prize, the Sponsor has a right to randomly draw for an alternate potential winner in a random drawing among the remaining eligible entries. The Prize may be subject to taxes. The winner is solely responsible for reporting and payment of any taxes on the Prize (federal, provincial, state and local).
- Limitations of Liability/Indemnification: By entering this Contest, entrants shall indemnify, defend and hold harmless Direct Energy, and its parent, its affiliates, subsidiaries, directors, officers, governors, representatives, dealers, advertising and promotion agencies, judging organizations, employees, agents and partners, (herein, 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; or (ii) the receipt or use of the Prize awarded herein; or (iii) the administration of the Contest and distribution of the Prize awarded herein; and (iv) any and all claims, judgments, damages, liabilities, penalties and fines of any kind, stemming from participation in this Contest.
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.
- Internet: If for any reason the Internet portion of the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor or its affiliates that corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest. Sponsor, at its sole discretion, reserves the right to cancel, terminate, modify, or suspend the Contest and to disqualify any individual who tampers with the entry process. If the Contest is cancelled for any reason before completion, all entries received up to the point of termination will be included in a random drawing to award the Prizes. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications-line failure, theft or destruction, or unauthorized access to or alteration of entries. Sponsor is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment or software, or for failure of any automatic entry to be received by Sponsor on account of technical problems or traffic congestion on the Internet or at any Website, or any combination thereof - including any injury or damage to participant's or any other person's computer related to or resulting from participation or downloading any materials in this Contest.
- Winner's Consent: By accepting the Prize, the winner hereby consents to use of name, photograph, likeness, testimonial and biographical information for advertising and promotional purposes online and in print, or in any other media worldwide in connection with the Contest, without limitation or notice to, or further consent of, and without compensation, worldwide and in perpetuity, except where prohibited by law. By accepting the Prize, winner hereby further agree to release Sponsor and its subsidiaries, affiliates and related companies and each of his or her respective officers, directors, employees and agents, from any and all liability, loss or damage of any kind arising out of, or in connection with, winner's participation in this Contest, or with respect to the awarding, receipt, possession, use and/or misuse of the Prize.
- Governing Law: The Contest and these Official Rules shall be governed according to the laws of the province of Alberta, Canada, without regard to principles of conflicts of laws. All claims, actions or suits must be brought in a court of competent jurisdiction in the province of Alberta, Canada.
- Force Majeure: The failure of Sponsor to comply with any provision of these Official Rules 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.
- Winners List: To obtain the list of winners of the Contest, send a self-addressed stamped envelope to: Direct Energy, Attn: Contest Administrator 10303 Jasper Ave suite 1850 Edmonton ABT5J 3N6
- Severability: 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.
The Sponsor of the Contest is Direct Energy Marketing Limited, Headquarters at 12 Greenway Plaza, Suite 250, Houston, TX 77046 USA.
© 2020 Direct Energy Marketing Limited. All Rights Reserved.