"I AM GREEN MOUNTAIN" VIDEO CONTEST OFFICIAL RULES
OPEN ONLY TO CURRENT GREEN MOUNTAIN ENERGY COMPANY CUSTOMERS WHO ARE LEGAL RESIDENTS OF THE STATE OF TEXAS 18 YEARS OF AGE AND OLDER AS OF JUNE 14, 2010. THERE IS NO ENTRY FEE. INTERNET ACCESS REQUIRED.
ONLY ONE ENTRY PER PERSON IS ALLOWED.
Section 1. Contest Period and Sponsor:
- The "I AM GREEN MOUNTAIN" Video Contest (the "Contest") begins at 12:00:01 a.m. Central Daylight Time (CDT) on June 14, 2010 and ends at 11:59:59 p.m. CDT on August 13, 2010 (the "Contest Period").
- The Contest is sponsored by Green Mountain Energy Company ("Sponsor" or "Green Mountain"), the nation’s leading competitive retail provider of cleaner energy and carbon offset solutions.
Section 2. Eligibility:
- The Contest is open to current Green Mountain customers who are legal residents of the State of Texas 18 years of age and older as of June 14, 2010.
- Employees, officers, directors, agents, vendors and representatives of Sponsor, and its advertising/promotion agencies (as applicable) involved with this Contest (the "Contest Parties"), and the immediate families (spouse, siblings, parents, children and their respective spouses) and household members of such persons are not eligible to enter or win this Contest.
- Only one Entry per person is allowed.
- There is no Entry fee.
- The Contest is void where prohibited by law, or where the registration or filing requirements of any state or local jurisdiction have not been complied with.
Section 3. Prizes:
Contest Prizes: Prize descriptions and the approximate retail value ("ARV") of each are set forth below:
ONE (1) GRAND PRIZE:
- $3,000.00 credit towards energy efficiency audit and upgrades from a home energy services company, as selected by Sponsor. Energy efficiency services may include, but are not limited to, a home energy audit, home insulation improvements (ex. weather-stripping or caulking), energy efficient lighting upgrades, etc., as needed by the Grand Prize Winner. ARV of the energy efficiency services: $3000.00; and
- $500.00 bill credit, to be credited towards the Grand Prize Winner’s Green Mountain Energy® electricity bill. ARV of the Green Mountain bill credit: $500.00.
THREE (3) RUNNER-UP PRIZES, each one of which consists of:
- $250.00 REI® gift card, redeemable for merchandise or services at any participating REI® store or online at www.REI.com. ARV of REI® gift card: $250.00; and
- $250.00 bill credit, to be credited towards the applicable Runner-Up Prize Winner’s Green Mountain Energy® electricity bill. ARV of the Green Mountain bill credit: $250.00.
A Prize may not be substituted, transferred or redeemed for cash except at the sole discretion of Sponsor. In case of unavailability, Sponsor reserves the right to substitute a prize of equal or greater value. NEITHER SPONSOR NOR ITS RESPECTIVE DIRECTORS, EMPLOYEES, OR AGENTS, HAVE MADE NOR ARE IN ANY MANNER RESPONSIBLE FOR ANY WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO ANY PRIZE, INCLUDING BUT NOT LIMITED TO ITS QUALITY, CONDITION OR FITNESS FOR A PARTICULAR PURPOSE. ANY AND ALL WARRANTIES, REPRESENTATIONS, AND/OR GUARANTEES WITH RESPECT TO A PRIZE (IF ANY) ARE SUBJECT TO THE RESPECTIVE MANUFACTURER’S OR SERVICE PROVIDER’S TERMS THEREFORE, AND THE PRIZE WINNER AGREES TO LOOK SOLELY TO SUCH MANUFACTURER OR SERVICE PROVIDER FOR ANY SUCH WARRANTY, REPRESENTATION AND/OR GUARANTEE.
Arrangements for the fulfillment of the Prizes will be made by Sponsor. Receipt of any Prize is conditioned upon compliance with all applicable federal, state and local laws, rules and regulations. A Prize Winner is solely responsible for the payment of all taxes and fees associated with Prize receipt and/or use. Odds of winning a Prize depend on the number of eligible Entries received during the Contest Period and the Video Entry’s satisfaction and adherence to the judging criteria set forth in Section 7.
Section 4. General Prize Rules:
- Prize Winners will be determined and notified on or before September 15, 2010. The Sponsor will make three (3) attempts to contact a selected potential Prize Winner via phone and/or email within seventy-two (72) hours from the time Prize Winner determination is accomplished. If Sponsor is unable to reach a potential Prize Winner via phone and/or email within this time frame, he/she will be disqualified and an alternate Prize Winner will be determined by the next highest judging score.
- A potential Prize Winner will be required to sign and return an affidavit of eligibility, a liability/publicity release, and any other release reasonably requested by Sponsor to receive his/her Prize. In addition, a potential Prize Winner will be required to transfer ownership of his/her video to Sponsor in order to receive his/her Prize. A potential Prize Winner’s failure to (i) sign and return an affidavit of eligibility, a liability/publicity release (and any other release reasonably requested by Sponsor) and ownership transfer documentation within three (3) business after receipt, and/or (ii) comply with these Video Contest Official Rules will cause forfeiture of, and a loss of all claims and rights to the applicable Prize and an alternate Prize Winner will be determined by the next highest judging score.
- The Grand Prize Winner will be issued an IRS Form 1099 to report his/her winnings.
Section 5. How to Enter:
- During the Contest Period visit www.greenmountain.com/videocontest (the "Contest Website") and read and understand these Video Contest Official Rules. Afterward, click on the "Submit Your Video" link and complete and submit all required Entry Form information.
- All Entries must be completed and submitted no later than 11:59:59 p.m. CDT on August 13, 2010 in order to be eligible for judging. Sponsor is not responsible for any lost, stolen or undelivered Entries, or any Entries not received within the Contest Period.
- The Sponsor has the sole discretion to determine whether a submission qualifies as an Entry, or whether it is not accepted or disqualified. Submissions will be reviewed for conformity with these Video Contest Official Rules before being accepted as Entries in the Contest. For the purposes of this Contest, "not accepted" shall be defined as an invalid Entry that the Entrant must correct to be considered valid, such as missing Entry Form information. Incomplete Entry Forms will not be accepted as Entries, and must be fully completed and re-submitted by the Entrant to be eligible to win. "Disqualified" shall be defined as an Entry that fails to meet the Contest criteria described in these Video Contest Official Rules. Disqualified Entrants are not eligible to re-enter the Contest.
- All videos submitted in connection with the Contest must be uploaded and hosted on YouTube.com. In order to successfully complete the online Entry Form, the Entrant must provide the working link to his/her video on YouTube.com. Entry Forms that contain an invalid link (ex. the link does not work, the link does not direct to a valid and working Contest video on YouTube.com, etc.) will be considered incomplete. (Refer to Section 5.3 above.)
- In the event of a dispute as to the identity of an Entrant, the name appearing on the Entry Form will be deemed to be the Entrant.
- Normal internet access and usage charges imposed by Entrant’s online service will apply.
- Contest Opening: Entry submission allowed beginning at 12:00:01 a.m. CDT June 14, 2010.
- Contest Closing: All Entries must be received no later than 11:59:59 p.m. CDT August 13, 2010.
- Prize Winners will be determined and notified on or before September 15, 2010.
Section 6. Video Entry Requirements:
- By entering this Contest, Entrant agrees to comply with all of the terms and conditions of these Video Contest Official Rules.
- Entrant acknowledges and agrees that the submitted Video Entry becomes the property of Sponsor upon submission and will not be acknowledged or returned. By entering this Contest, Entrant agrees to waive any and all rights, including intellectual property rights, in or to his/her Video Entry.
- Submitted videos must be shorter than 90 seconds in length.
- Video Entries must explain the Entrant’s reason(s) for being a Green Mountain customer, and include the phrase "I’m a Green Mountain customer because …."
- Acceptable video formats include QuickTime, MOV, Windows, AVI, or MPG files. Recommended video format is the MPEG4(Divx, Xvid) at 640x480 resolution.
- A Video Entry must be the sole, original work of the respective Entrant. Entrants may not copy or otherwise plagiarize the video’s content from any source. The Video Entry must not have been posted or screened on another website.
- Entrant must have the permission of everyone appearing in his/her video to use his/her image or likeness in the Video Entry. Signed Participant Personal Release Forms must be provided to Sponsor upon its request. Each person appearing in an Entrant’s video must sign a Participant Personal Release Form, or have written parental authorization on the Participant Personal Release Form if under 18 years of age. The Release Form available as a printable PDF file (requires free Adobe Reader software).
- Any person who attempts to enter the Contest more than once will be disqualified.
Any Video Entry that contains the following materials will be disqualified:
- obscene, lewd, profane, defamatory or inappropriate images or text, including nudity, acts of violence or acts that appear to cause harm;
- any third-party materials, or any materials that violate or infringe (or may infringe) any copyright, trademark, logo or other mark that identifies a brand, entity or other proprietary right of any person living or deceased (including but not limited to rights of privacy or publicity or portrayal in a false light);
- clothing worn in the video that displays logos, drawings, cartoons, phrases, trademarks or other third-party materials; or
- other material deemed objectionable or inappropriate by the Sponsor in its sole discretion.
Section 7. Contest Judging Procedure:
- The Prize Winners will be selected by Sponsor based on the following criteria (with each factor given the weight specified below):
-Passion for being a Green Mountain customer – 40%
-Creativity in which that passion is communicated – 30%
-Authenticity and originality – 30%
- Judging decisions are at the complete discretion of Sponsor. By participating in this Contest, Entrants agree that the judging decisions of Sponsor shall be final and binding in all respects.
Section 8. Conditions:
- Entrant acknowledges and agrees that his/her respective Video Entry becomes the property of Sponsor upon submission, who has the right (along with its representatives and agents) to edit, adapt, modify, reproduce, exhibit, publish, distribute, promote and otherwise use the Video Entry in any way Sponsor sees fit in connection with advertising or promoting Green Mountain, Green Mountain’s products and services and the Contest in any medium, throughout the world, in perpetuity.
- By entering this Contest, Entrant understands that his/her Video Entry may (in Sponsor's sole discretion) be posted online for visitors to view. Sponsor reserves the right to determine which Video Entries will be posted to the Contest Website.
- Entrant shall have no right to review or approve edits, alterations or modifications to his/her Video Entry, and the Entrant waives the benefit of any provision of law known as "moral rights".
- Participation in this Contest constitutes permission for Sponsor and the Contest Parties to use the Entrant’s Video Entry, name, city and state of residence, photograph, or any other likeness, including his/her voice, recorded or live, or testimonials, for purposes of Sponsor’s advertising and promotion in any and all forms of media, throughout the world, in perpetuity, without further compensation, except where prohibited by law. All Entrants further agree to hold Sponsor and the Contest Parties blameless and without liability for any such publication, broadcast or use.
- By submitting a Video Entry, Entrant represents: (a) that the Video Entry is Entrant’s original work that has not previously been published or publicly shown or won a prize or award; (b) that the Video Entry does not infringe, misappropriate or violate the rights of any third party; and (c) that Entrant has complied with all terms and conditions of these Video Contest Official Rules, subject to Sponsor’s sole and final discretion as to eligibility, and Entrant agrees to indemnify, defend and hold Sponsor harmless from and against any and all costs or damages incurred by Sponsor that result from Entrant’s non-compliance with these Video Contest Official Rules.
- Sponsor has no duty to pre-screen any of the Video Entries. Sponsor is not responsible for, and disclaims any and all liability for, the accuracy, completeness, applicability, appropriateness or legality of the Video Entries or anything said, depicted or written by Entrants, including without limitation any information obtained by using the Contest Website. This means that each Entrant, and not Sponsor or the Contest Parties, is entirely responsible for his/her respective Video Entry. By participating in this Contest, each Entrant acknowledges and agrees that the Video Entries reflect the perspectives and opinions of the person submitting them only, and not Sponsor’s perspectives and opinions. Sponsor does not endorse any Video Entry or any opinion, recommendation, or advice expressed therein and each Entrant agrees to waive, and hereby does waive, any legal or equitable rights or remedies he/she has or may have against Sponsor or the Contest Parties with respect thereto.
- 7. PRIZE WINNERS AND ALL ENTRANTS, AS A CONDITION OF ENTRY INTO THE CONTEST, AGREE TO INDEMNIFY, DEFEND, HOLD HARMLESS AND RELEASE SPONSOR AND THE CONTEST PARTIES (THE "RELEASED PARTIES") FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS OR ACTIONS OF ANY KIND WHATSOEVER FOR INTELLECTUAL PROPERTY INFRINGEMENT, INJURIES, DAMAGES OR LOSSES OF ANY KIND TO PERSONS OR PROPERTY WHICH ARE OR MAY BE SUSTAINED IN CONNECTION WITH THE CONDUCT, PROMOTION OR OUTCOME OF THE CONTEST; RECEIPT, OWNERSHIP, USE OR MISUSE OF ANY PRIZE; ANY TYPOGRAPHICAL OR OTHER ERROR IN THESE VIDEO CONTEST OFFICIAL RULES OR THE ANNOUNCEMENT OR OFFERING OF THE PRIZES; OR WHILE PREPARING FOR, PARTICIPATING IN OR TRAVELING TO AND/OR FROM ANY PRIZE-RELATED ACTIVITY IN CONNECTION WITH THE CONTEST OR OTHERWISE. UNDER NO CIRCUMSTANCES WILL SPONSOR OR THE CONTEST PARTIES BE LIABLE FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES. NOTWITHSTANDING THE FOREGOING, A PRIZE WINNER IS NOT WAIVING OR RELEASING ANY RIGHT UNDER ANY APPLICABLE RULES OR REGULATIONS OF THE PUBLIC UTILITY COMMISSION OF TEXAS GOVERNING RETAIL ELECTRIC PROVIDERS.
- The Released Parties are not responsible for technical, hardware or software malfunctions or other errors; telephone failures of any kind; lost or unavailable network connections; failed, incorrect, inaccurate, incomplete, garbled or delayed electronic communications, whether caused by the sender, by any of the equipment or programming associated with or utilized in this Contest which may limit the ability to participate; incorrect or inaccurate Entry Form information; late, lost, misdirected or incomplete Entries; or by any human error which may occur in the processing of the Entries in this Contest.
- Sponsor reserves the right, in its sole discretion, to cancel or suspend the Contest or any portion thereof should a virus, bug, technical failure(s), malicious tampering, unauthorized intervention or other cause beyond the control of Sponsor corrupt the administration or proper play of the Contest. In the event of cancellation, Sponsor will award the Prizes in accordance with the judging procedures set forth herein from eligible Entries received prior to cancellation.
- Sponsor reserves the right, in its sole discretion, to disqualify anyone found to be tampering with the Entry process or the operation of the Contest or Contest Website, or to be acting in violation of these Video Contest Official Rules, or to be acting in an unsportsmanlike or disruptive manner or with intent to annoy, abuse, threaten or harass any other person.
- Sponsor may modify and amend these Video Contest Official Rules as they appear in print or online from time to time during the Contest Period for clarification purposes without materially affecting the terms and conditions of the Contest. Sponsor is not responsible for any typographical or printing errors in the advertising of the Prizes included in the Contest or these Video Contest Official Rules, the Contest Website, or other promotional materials.
- All issues and questions concerning the construction, validity, interpretation and enforceability of these Video Contest Official Rules, or the rights and obligations of the Entrants and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Texas, without regard for its conflicts of law doctrine, and all proceedings shall take place in Travis County, Texas.
Section 9. Data Collection:
Section 10. Winners List:
- For a list of the Grand Prize and Runner-Up Prize Winners, visit www.greenmountain.com/videocontest or send a self-addressed, stamped envelope to: Green Mountain Energy Company, Attn: Winners List - "I Am Green Mountain" Video Contest, P.O. Box 689008, Austin, Texas 78768. Requests must be received by December 31, 2010.