BETTER WEEKENDS SWEEPSTAKES

Transcription

1 Thank you for participating in Direct Energy s Better Weekends sweepstakes! Here you ll find information on: How to register for the sweepstakes How the sweepstakes works Where and how to redeem the Better Weekends coupon at FAMSA Frequently asked questions Good luck and don t forget to contact Direct Energy to find out more about our Free Saturdays or Sundays and other great energy plans! For those who have not registered: The first thing you need to do is send us a text with the typical type of Saturday or Sunday for you and your family. The options are as follows: If your normal Saturday or Sunday is spent taking it easy and relaxing at home, text relax88 to If your typical Saturday or Sunday is spent throwing great parties, text party88 to If your normal Saturday or Sunday is spent doing chores at home, fixing things or taking on home-improvement projects, text chores88 to If your typical Saturday or Sunday is spent studying or getting on the internet to learn new things, text smart88 to Sweepstakes process: After you have registered for the sweepstakes, check out the process below. It is quite simple: Once you have sent Direct Energy a text message with your typical Saturday or Sunday, you will automatically receive a text message back confirming your registration and will be entered in the Direct Energy sweepstakes, where you can receive one of three great prizes from FAMSA. FAMSA Discount Coupon In addition to your entry in Direct Energy s Better Weekends sweepstakes, you may also be eligible for great discounts at participating Dallas-area FAMSA stores! Just print out the FAMSA coupon (pdf) here and call Direct Energy at They will give you a coupon key/ number for you to write in the field on the back of the coupon. Then just take that coupon to your nearest participating FAMSA store and receive either $25.00 off on any purchase of $50.00 or more (valid through September 30 th, 2013) or $50.00 off on any purchase of $ or more for all other redemptions. See back of coupon for participating FAMSA locations as well as coupon terms and conditions. For more information on the Free Power Day pre-paid plan from Direct Energy*, please call Thanks for participating and good luck! Page 1 of 10

2 Frequently Asked Questions: Here are some answers to common questions regarding our Better Weekends sweepstakes and Direct Energy. For more information, call Am I eligible for this sweepstakes if I am currently a Direct Energy customer? Yes. All Direct Energy customers are eligible to participate in Direct Energy s Better Weekends sweepstakes, except those excluded within the contest s rule. See contest rules for full details. How can I find out more about Direct Energy s Free Power Day pre-paid plan, as well as other great Direct Energy plans? Call or visit When I go to FAMSA, how will I know if I will be receiving $25.00 off on any purchase of $50.00 or more, or $50.00 off on any purchase of $ or more? It s very easy. When you receive your coupon, you will be able to select one of both options. All coupons must be redeemed by no later than September 30 th, A sales associate at FAMSA can further assist you. How do I redeem my FAMSA coupon? Visit any of the participating Dallas/Fort Worth-area FAMSA stores listed on the coupon and present it to a FAMSA sales associate. They will assist you on redeeming your coupon. How can I find out what the nearest FAMSA store is? Participating FAMSA locations in the Dallas-area are listed on the back of the coupon as well as on this website. FAMSA Store addresses (Dallas/Fort Worth-area) The following three Dallas/Fort Worth-area FAMSA locations will accept the Better Weekends discount coupon: FAMSA Fort Worth 232 NE 28 th Street, Ft. Worth, TX FAMSA Welbornes 425 West Jefferson Blvd, Dallas, TX FAMSA Plano 1110 Parker Road, Suite A, Plano, TX Once I register for the sweepstakes, and if I want Direct Energy to stop sending me texts, what do I need to do? Text STOP at any point and Direct Energy will stop sending you texts. Page 2 of 10

3 When will winners be announced? Because there will be three monthly prize awards, winners will be notified on or around the following drawing dates: - September 14, October 12, Grand Prize November 16, 2013 How will winners be selected? All winners will be selected randomly. See contest rules for full details. When I call Direct Energy, will I be able to speak with someone in English or Spanish? Yes. When you call , you can select either Spanish or English as your preferred language and you will be able to speak to someone in the language you prefer. What are the call center hours of operation? Monday-Saturday, 8:00 a.m. 8:00 p.m. Central time What other information can I get at Direct Energy s Facebook page? Direct Energy s Facebook page has many great tips on how to save energy and how to maximize your weekends with the Free Power Day plan. It also has information on how Direct Energy supports the development of tomorrow s energy markets as well as other promotional offers. And it gives you the same information included here with the sweepstakes process, terms & conditions, and frequently asked questions. What information will Direct Energy send to my cell phone number? Direct Energy will use your cell number to keep you updated on the Better Weekends sweepstakes, notify you if you are a winner, send you information about other great discounts at FAMSA, and direct you to Facebook for tips on how to make your Saturdays or Sundays even better. After the sweepstakes is over, Direct Energy will send you a text asking if you want to continue receiving texts with third-party offers. You can always opt out by sending Direct Energy a text indicating STOP. What is the Free Power Day pre-paid plan from Direct Energy? With Direct Energy s Free Power Day pre-paid plan you will receive one day of electricity completely free per weekend, every weekend, regardless of how much power you use. You choose either Saturday or Sunday and then just enjoy free electricity all day! For additional details go to Page 3 of 10

4 Can you tell me more about Direct Energy? Direct Energy is the largest retail energy provider in North America and serves over 6 million customers nationwide. Because of its size and national presence, Direct Energy can provide great pricing and service to their customers. They have a number of plans to choose from that works best for your lifestyle, such as the Free Power Day pre-paid Plan, as well as many others. For more information, visit (*) Free Power Day pre-paid plan from Direct Energy: Offer available only for new residential clients. Restrictions apply. Free Saturday or Sunday is a pre-paid electricity plan of Direct Energy Power-To-Go. Clients will receive free electricity for a period of 24 hours every Saturday or Sunday. Service is not available in all areas Direct Energy LP. PUCT Certificate No Page 4 of 10

5 Direct Energy Better Weekends Sweepstakes OFFICIAL CONTEST RULES NO PURCHASE NECESSARY TO ENTER OR TO WIN. A PURCHASE DOES NOT IMPROVE ONE S CHANCES OF WINNING. SWEEPSTAKES SUBJECT TO ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS. VOID OUTSIDE OF TEXAS AND WHERE PROHIBITED BY LAW. 1. ELIGIBILITY: The Direct Energy Better Weekends Sweepstakes ( Sweepstakes ) is only open to permanent legal U.S. residents of Texas. In addition, entrants must be 18 years of age or older as of the date of entry. Employees of Direct Energy, LP ( Sponsor ), any other member of the Direct Energy group of companies, their advertising or promotion agencies, those involved in the production, development, implementation or handling of the Sweepstakes, any agents acting for, or on behalf of the above entities, their respective parent companies, officers, directors, subsidiaries, franchisees, affiliates, licensees, service providers, prize suppliers, any other person or entity associated with the Sweepstakes (collectively Sweepstakes Entities ) and/or members of their immediate families (spouses, children, siblings, parents) and/or persons living in the same household as such persons, whether or not related, are ineligible to enter the Sweepstakes. 2. SWEEPSTAKES PERIOD: For permitted entrants in the state of Texas, the Sweepstakes begins at 12:00:01 a.m. Central Standard Time ( CST ) on August 17, 2013 and ends at 11:59:59 p.m. CST on November 3, 2013 ( Sweepstakes Period ). The Sweepstakes consists of two (2) monthly drawings in September and October ( Monthly Sweepstakes ) and one (1) final Sweepstakes drawing in November ( Final Sweepstakes ). For purposes of this Sweepstakes, the official clock shall be the electronic clock on the Direct Energy website. Participants may visit the Sponsor s website page at directenergy.com/weekends ( Website ). 3. HOW TO ENTER: Entry into the Sweepstakes may be made by either mobile phone/text message or by postal mail. Entries made by mobile phone will be required to enter a code into their mobile phone and send it via text message to 46246, a number pre-established by Direct Energy. Participants are advised that standard text messaging rates charged by their service provider may apply. Participants will be prompted to answer the question How do you spend your typical Saturdays or Sundays? Participants must select one of five responses (Relax, Party, Chores, Smart Activities, or Freeday) to the question and text the corresponding response to from their mobile device. Entries made by postal mail must write their printed name (as shown on state-issued driver s license or legal identification card), complete street address (no P.O. Boxes will be accepted), date of birth, mobile phone number, and answer the question on a 3 x 5 index card and mail it in an envelope (with first-class postage affixed) and addressed to: XPAND Marketing and Sales, LLC., Attention: Better Weekends Page 5 of 10

6 Sweepstakes Entry, Direct Energy, W. Grand Parkway, Suite 561, Sugarland, Texas After completing and submitting the required entry information, entrants will receive one (1) entry into the respective Monthly Sweepstakes and the Final Sweepstakes ( Sweepstakes Entry ). Sweepstakes Entries for the last Monthly Sweepstakes and the Final Sweepstakes must be received by 11:59:59 p.m. CST on November 3, 2013 to be considered eligible. Sweepstakes Entries for a given Monthly Sweepstakes must be received by 11:59:59 p.m. CST no more than five (5) business days before the drawing date ( Monthly Entry Period ) for that entry to be considered eligible for that month s drawing. Any attempted form of entry other than as described herein is void. Proof of submitting an entry will not be deemed by Sponsor as proof of receipt or entry into the Sweepstakes. Final eligibility for the award of any prize is subject to eligibility verification as set forth below. 4. GENERAL CONDITIONS: Limit one (1) Sweepstakes Entry per person (based on mobile phone number) for the duration of the Sweepstakes, regardless of the method of entry. Sweepstakes Entries in excess of the stated limits will be disqualified. All participants that qualify for the Monthly Sweepstakes also qualify for the Final Sweepstakes. All subsequent communications will be transmitted in the language participants used to respond to the Sweepstakes question. By entering the Sweepstakes, participants consent to receive promotion-related communications, updates, and offers from our partners. To opt-out from all marketing text message or communications, participants may reply via text message with the word Stop. By entering the Sweepstakes, participants are also agreeing to the Official Rules. These rules are available in printed format (at certain retail locations where Direct Energy brand promoters will be promoting the Sweepstakes), and on the Website. 5. DRAWING AND NOTIFICATION OF WINNER: Two potential winners for each Monthly Sweepstakes will be randomly selected by the Sponsor or Sponsor s representative in Dallas, TX in a series of drawings held in September, October, and November 2013 from among all eligible Sweepstakes Entries received through such Monthly Entry Periods. The first monthly Sweepstakes drawing will take place on or around September 14, The second monthly Sweepstakes drawing will take place on or around October 12, The Final Sweepstakes drawing will take place on or around November 16, 2013 from among all eligible Sweepstakes Entries received during the Sweepstakes Period. All non-winning eligible Sweepstakes Entries will be automatically entered into the Final Sweepstakes drawing. Those selected will be notified by mobile phone at the phone number provided on his/her Sweepstakes Entry within approximately two (2) business days of the date his/her name is randomly selected. If the potential prize winner does not respond within two (2) business days, is found to be ineligible, cannot or does not comply with these Official Rules, that potential winner will be disqualified. An alternate potential winner of such prize may be selected (at the Sponsor s sole discretion). The potential winner will be required to sign, execute, and return an original unmodified affidavit of eligibility, release of liability, and (except where prohibited) publicity release (collectively, Page 6 of 10

7 "Affidavit/Release") within five (5) business days. By returning the completed Affidavit/Release, the Sweepstakes prize winner attests to the provisions stated therein including the accuracy of the information contained therein and compliance with these Official Rules. 6. PRIZE DESCRIPTION; ODDS OF WINNING: Two (2) Monthly Prizes will be awarded during the Monthly Sweepstakes to two (2) separate individuals. Prize winners for each Monthly Sweepstakes will receive the following prizes based on the month in which they are randomly selected at drawing: The September 2013 monthly Sweepstakes drawing will award a first prize winner with one (1) 42 LCD TV (Approximate Retail Value ( ARV ) of up to $500.00); and, a second prize winner will be awarded with one (1) tablet (ARV of up to $200.00). The October 2013 monthly Sweepstakes will award a first prize winner with one (1) 42 LCD TV (ARV of up to $500.00); and, a second prize winner will be awarded with one (1) tablet (ARV of up to $200.00). The Final Sweepstakes drawing will award four (4) individual prizes as follows: the first Final prize winner will receive one (1) 42 LCD TV (ARV of up to $500.00); the second Final prize winner will receive one (1) tablet (ARV of up to $200.00); the third Final prize winner will receive one (1) sofa (ARV of up to $500.00); and the fourth Final prize winner will receive one (1) computer (ARV of up to $700.00). The total ARV of all prizes to be awarded $3, The brand name for all prize merchandise will be determined by FAMSA, Inc. and based on store availability. Odds of winning a Monthly Prize are dependent on the number of eligible Sweepstakes Entries received for the applicable Monthly Sweepstakes drawing. Odds of winning the final prize are dependent on the number of eligible Sweepstakes Entries received during the entire Sweepstakes Period. Limit one (1) prize per person/family/household/mobile phone number. Prizes are not transferable. Prizes will be sent to U.S. addresses within Texas. Any depiction of prizes in Sweepstakes materials or otherwise, are for illustrative purposes only. All federal, state, provincial, local or other taxes arising from participation in the Sweepstakes or award of any prize including, without limitation, income taxes are the sole responsibility of the prize winners. Sweepstakes administrator is not the supplier or guarantor of any of the prizes. Prize winners will receive an IRS Form 1099 from the Sponsor for the total ARV of prize (stated herein) that he/she won in the calendar year that he/she won. 7. CONDUCT: Sweepstakes is subject to these Official Rules and all federal, state, provincial and local laws and regulations (collectively Rules and Laws ). By entering this Sweepstakes, entrants agree to waive any right to claim any ambiguity or error in the Official Rules of the Sweepstakes, or the Sweepstakes itself, and agree to be bound by these Official Rules and by all decisions of the Sponsor and/or the Sweepstakes administrator, whose decisions are binding and final in all respects. By accepting a prize, winners attest to the authenticity of his/her winning Sweepstakes Entry. Except where not permitted by law, participation and acceptance of a prize constitutes permission for Sponsor and Sweepstakes Entities to use such winner s first name, last initial, address (city and state/province), photo, likeness, biographical information, statement and voice for advertising/publicity purposes worldwide and in all forms of media (including posting on the Website), in perpetuity, without further notice to or compensation in Page 7 of 10

8 connection with said Sweepstakes, and Sponsor has the right to modify, edit, adapt, electronically alter, use, assign and/or dispose of such Sweepstakes Entries as it sees fit and without any notice or compensation to entrant or any third parties. Any person attempting to defraud or tamper with the Sweepstakes may be subject to prosecution and is ineligible to participate in the Sweepstakes. If, for any reason, the Sweepstakes is not capable of running as originally planned, Sponsor reserves the right to cancel, suspend or modify the Sweepstakes or any portion(s) thereof and conduct the applicable Monthly Sweepstakes drawing from among all salvageable eligible Sweepstakes Entries received as of the termination date, if any, in the sole discretion of Sponsor. In case of a dispute over the identity of an entrant who submitted a winning Sweepstakes Entry, the authorized account holder of the mobile phone number associated with that Sweepstakes Entry will be deemed the entrant. The "authorized account holder" is deemed to be the natural person who is assigned to a mobile phone number. Said owner must comply with these Official Rules, be the person who completed the act of entering, and, in Sponsor's sole discretion, may be required to provide proof of ownership of the mobile phone and/or account. 8. DISCLAIMERS: Sweepstakes Entities are not responsible or liable for, and will deem ineligible, multiple Sweepstakes Entries in excess of the stated limit. Sweepstakes Entries that are entered by other than human means or mass Sweepstakes Entries (such as by an automated computer program or any nonhuman mechanism, entity, or device), or Sweepstakes Entries that are illegible, late, destroyed, lost, misplaced, stolen, misdirected, tampered with, incomplete, deleted, damaged, or otherwise not in compliance with these Official Rules will be disqualified. 9. RELEASE AND LIMITATION OF LIABILITY: BY ENTERING THE SWEEPSTAKES, ENTRANTS AGREE AND ACKNOWLEDGE TO BE BOUND BY ALL APPLICABLE STATE, PROVINCIAL AND FEDERAL RULES AND LAWS. ENTRANTS WAIVE ANY RIGHTS TO CLAIM AMBIGUITY WITH THE RULES AND LAWS. SWEEPSTAKES ENTITIES SHALL HAVE NO RESPONSIBILITY OR LIABILITY (INCLUDING, BUT NOT LIMITED TO, LIABILITY FOR ANY PROPERTY LOSS, DAMAGE, PERSONAL INJURY OR DEATH) IN CONNECTION WITH: PARTICIPATION IN THIS SWEEPSTAKES (INCLUDING, BUT NOT LIMITED TO, HUMAN ERROR; INCORRECT OR INACCURATE TRANSCRIPTION OF ENTRY INFORMATION; THE DISCLOSURE OF INFORMATION BY PARTIES OVER WHOM THE SWEEPSTAKE ENTITIES EXERT NO CONTROL; ACCEPTANCE/POSSESSION, USE/MISUSE, AND/OR DEFECTS OF THE PRIZES AWARDED HEREIN; ANY TECHNICAL MALFUNCTIONS OF THE TELEPHONE NETWORK, COMPUTER ONLINE SYSTEM, COMPUTER DATING MECHANISM, COMPUTER EQUIPMENT, SOFTWARE, OR INTERNET SERVICE PROVIDER UTILIZED BY SWEEPSTAKES; INTERRUPTION OR INABILITY TO ACCESS SWEEPSTAKES, WEBSITE, OR ANY ONLINE SERVICE VIA THE INTERNET DUE TO HARDWARE OR SOFTWARE COMPATIBILITY PROBLEMS; ANY DAMAGE TO ENTRANT S (OR ANY THIRD PERSON S) COMPUTER AND/OR ITS CONTENTS RELATED TO OR RESULTING FROM ANY PART OF THIS SWEEPSTAKES; ANY LOST/DELAYED DATA TRANSMISSIONS, OMISSIONS, Page 8 of 10

9 INTERRUPTIONS, DEFECTS AND/OR ANY OTHER ERRORS OR MALFUNCTIONS, EVEN IF CAUSED BY THE NEGLIGENCE OF ONE OF THE SWEEPSTAKES ENTITIES. BY ENTERING, ENTRANTS AND PRIZE WINNER FURTHER AGREE TO RELEASE, DISCHARGE, INDEMNIFY AND HOLD HARMLESS THE SWEEPSTAKES ENTITIES FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES OR LIABILITY DUE TO ANY INJURIES, DAMAGES OR LOSSES TO ANY PERSON (INCLUDING DEATH) OR PROPERTY OF ANY KIND RESULTING OR ARISING, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, USE OR MISUSE OF ANY PRIZE OR PARTICIPATION IN THE SWEEPSTAKES OR ANY SWEEPSTAKES- RELATED ACTIVITY. 10. 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 Sponsor (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Official Rules. NOTICE TO ENTRANTS: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTEND PERMITTED BY LAW. Sponsor is not responsible for faulty, incorrect, undeliverable or mistranscribed mobile texts, incorrect announcements of any kind, technical hardware or software failure of any kind, including damage to any person s computer or mobile phone related to or resulting from participating in the promotion, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmission that may limit a user's ability to participate in the promotion. Sponsor reserves the right to cancel or modify the promotion if fraud, misconduct or technical failures destroy the integrity of the program; or if a computer or mobile phone virus, bug, or other technical problem corrupts the administration or security of the program as determined by Sponsor/Administrator, in their sole discretion. In the event of termination, a notice will be posted online and the random drawing for all remaining prizes will be conducted from among all eligible Submissions received prior to termination. Any damage made to any of the web sites associated with the Sweepstakes by an entrant will be the responsibility of the entrant and/or the authorized account holder of the mobile phone number submitted at the time of entry. Proof of submitting entries will not be deemed to be proof of receipt by Sponsor. Any Submissions which are suspected of being fraudulent (including those using robotic, automatic, programmed or similar methods of participation) will be disqualified, based on determinations made solely by Sponsor. Sponsor reserves the right to prohibit the participation of an individual if fraud or tampering is suspected or if the account holder fails to comply with any requirement of participation as stated herein or with any provision in these Official Rules. Page 9 of 10

10 11. DISPUTES: This Sweepstakes is governed by, and will be construed in accordance with, the laws of the State of Texas, and the exclusive forum and venue for any dispute shall be in the city of Houston and the State of Texas. If the controversy or claim is not otherwise resolved through direct discussions or mediation, it shall then be resolved by final and binding arbitration administered by Judicial Arbitration and Mediation Services, Inc., in accordance with its streamlined arbitration rules and procedures or subsequent versions thereof ( JAMS Rules ). The JAMS Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be experienced and licensed to practice law in Texas. All proceedings brought pursuant to this paragraph will be conducted in the county of Harris. 12. LIMITATIONS: THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. 13. NAMES OF WINNERS/OFFICIAL RULES: For a copy of these Official Rules or the Winners List, send a self-addressed, stamped envelope (with proper postage affixed) to: Martin Rubinstein, XPAND Marketing and Sales, LLC, W. Grand Parkway, Suite 561, Sugar Land, Texas All requests must be received by November 3, The Official Rules will be available on the Website during the entire Contest. Name of winners may also be posted on the Website. 14. PRIVACY: Personal information collected from entrants will be used by the Sponsor only for the purpose of administering this Sweepstakes in accordance with the Sponsor s privacy policy at (U.S. residents only), unless entrant has elected to receive additional information and promotional material from Sponsor. Personal information will be subject to the general laws of application in those jurisdictions. 15. SPONSOR: The Direct Energy Better Weekends Sweepstakes is sponsored by Direct Energy, LP. The decisions of the Sponsors regarding the selection of winners and all other aspects of the Sweepstakes shall be final and binding in all respects. Sponsor will not be responsible for typographical, printing or other inadvertent errors in these Official Rules or in other materials relating to the Sweepstakes. Direct Energy, LP PUCT Certificate No Page 10 of 10