TXU Energy Summer Cooldown Giveaway

Official Rules

 

NO PURCHASE, SCAN, OR APP REQUIRED TO ENTER OR WIN.  A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING.  VOID WHERE PROHIBITED BY LAW.

 

ELIGIBILITY: The TXU Energy Summer Cooldown Giveaway (the “Sweepstakes”) is open only to legal residents of the State of Texas, who are at least 18 years of age or older at the time of registration who live within an area served by TXU Energy Retail Company LLC (the “Sponsor”) and Service Experts LLC (the “Installer”) (a full listing of eligible zip codes is at the end of these Official Rules) and is the owner of the residence or able to obtain appropriate consents (as determined by Sponsor) from the owner. Employees, officers and directors of the Sponsor, The Promotion House, LLC, (the “Administrator”), the Installer, their respective parent companies, affiliates, subsidiaries, advertising, and fulfillment and marketing agencies (collectively, “Sweepstakes Parties”), their immediate families (parent, child, sibling and spouse and their respective spouses, regardless of where they reside) and persons living in the same households as such individuals (whether related or not) are not eligible to participate in the Sweepstakes. By participating in the Sweepstakes, you release, discharge and hold harmless Sweepstakes Parties, their respective parents, affiliates, subsidiaries, retailers, advertising and promotion agencies and the respective officers, directors, employees and agents of each of the foregoing, from any and all damages whether direct or indirect, which may be due to or arise out of participation in the Sweepstakes or any portion thereof, or the acceptance, use/misuse or possession of any prize. By participating, you agree to these Official Rules and to the decisions of the Sponsor, which are final and binding in all respects. Void where prohibited by law, rule or regulation. All applicable federal, state and local laws and regulations apply.


The Sweepstakes begins at 12:00:01 AM Central Time (“CT”) on August 10, 2020 and ends at 11:59:59 PM CT on September 12, 2020 (“Sweepstakes Period”).


HOW TO ENTER: To participate in the Sweepstakes, during the Sweepstakes Period click on the link in the email from Sponsor inviting entry into the Sweepstakes to be redirected to www.txu.com/cooldown (the “Website”).  If you do not receive an email from Sponsor regarding the Sweepstakes, you may still enter the Sweepstakes by going directly to the Website.  Once at the Website, follow the on-screen instructions to register for the Sweepstakes by providing your full name, email address, zip code, telephone number and date of birth and submit your entry to receive one (1) entry into the random drawing. By entering the Sweepstakes, entrants acknowledge their automatic opt-in to the Sponsor’s email database. All subsequent emails from the Sponsor will have an unsubscribe/opt-out option. Limit one (1) entry per person during the Sweepstakes Period.


Entries that do not contain all required entry information or are considered by Sponsor to be inappropriate for any reason are not eligible.

 

RANDOM DRAWING AND WINNER NOTIFICATION:  Administrator is an independent organization who will randomly select the potential winners. At the conclusion of the Sweepstakes Period, Administrator will select the one (1) potential Grand Prize winner and five (5) potential Secondary Prize winners (two (2) for Dallas/Ft. Worth, two (2) for Houston and one (1) for Austin; for purposes of these Official Rules, Dallas/Ft. Worth, Houston and Austin shall each be referred to as a “Market” and collectively as, “Markets”) in a random drawing of all eligible entries received. The potential winner will be notified by email, or phone as applicable. Sweepstakes Parties shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason.  If, despite reasonable efforts, a potential winner does not respond within seventy-two (72) hours of the first notification attempt, or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit his or her prize and an alternate winner may be selected.  Sponsor, in its sole discretion and time permitting, will attempt to contact up to three (3) potential winners of a prize in accordance with the above procedure, after which the prize in question may go unawarded if it remains unclaimed.  If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines the prize for any reason prior to award, such potential prize winner will be disqualified and an alternate prize winner may be selected.  Odds of winning a Grand Prize depend on the number of eligible entries received. Odds of winning a Secondary Prize depend on the number of eligible entries received in each Market.

 

PRIZES AND APPROXIMATE RETAIL VALUES:


One (1) Grand Prize is available.  The Grand Prize consists of one (1) HVAC system (air conditioner with indoor coil, or one heat pump) with a retail value up to $12,500.00 USD.  The Grand Prize includes the unit and normal installation at the personal residence and does not include any modifications to the home’s duct system, subject to restrictions below. The approximate retail value (“ARV”) of the Grand Prize is $12,500.00. Grand Prize winner will work with Installer to determine the best unit for the Grand Prize winner’s home. Grand Prize winner must show proof of being the homeowner or, if the winner is not the owner, winner must acquire appropriate consents (as determined by Sponsor) from the owner.  If the homeowner does not agree, an alternate winner may be selected.   Any costs exceeding $12,500 will be the Grand Prize winner’s sole responsibility. If the actual retail value of the Grand Prize is less than the $12,500, the Grand Prize winner will NOT be entitled to a check, cash or other form of payment for the price difference. Subject to the payment responsibilities set out herein, Grand Prize winner may be required to enter into an agreement with Installer regarding the installation.


Five (5) Secondary Prizes are available (two (2) for Dallas/Ft. Worth, two (2) for Houston, and one (1) for Austin).  Each Secondary Prize consists of a one (1) year Service Experts Maintenance+ membership for up to two (2) units in winner’s residence.  Maintenance+ membership includes Annual Precision Tune-UPs, Safety Inspections, Guaranteed 24/7/365 priority service, 29-point visual inspection on each visit, and a Home Health(TM) Report Card on each visit. For full details on Maintenance+ please see https://www.serviceexperts.com/comfort-service-plans/maintenance-plus. The ARV of each Secondary Prize is $480.  Exact ARV and details of plan depend on winner’s home and type of unit(s) installed. Subject to the payment responsibilities set out herein, the winners of the Secondary Prizes may be required to enter into an agreement with Installer regarding the Maintenance+ memberships.

 

 


PRIZE LIMITATIONS: Prizes will be awarded only upon winner redemption, confirmation, verification and final approval by Sponsor. No substitution, transfer of any prize or cash alternative permitted, except by Sponsor who reserves the right, in its sole discretion, to substitute a prize of equal or greater value, if prize, or portion of prize, becomes unavailable. Prize winner shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize.  The potential Grand Prize winner must sign and have notarized (and any potential Secondary Prize winner may have to sign) an Affidavit of Eligibility, a Liability Release, and (where imposing such condition is legal) a Publicity Release and a contract (as may be required by Installer) (collectively, “Prize Claim Documents”). The Grand Prize winner will also be issued a 1099 form by Sponsor. If winner fails or refuses to sign and return all Prize Claim Documents within five (5) days of prize notification (or a shorter time if required by exigencies), winner may be disqualified and an alternate winner may be selected.  If it is discovered during prize verification you have entered, attempted to enter, or used multiple accounts to enter more than the stated limit, you will be disqualified at the discretion of the administrator, or will be void. Entries generated by script, macro or other automated means, which subvert the entry process, are void. All Entries become the property of Sponsor and will not be acknowledged or returned. Sweepstakes Parties are not responsible for late, lost, stolen, damaged, delayed, or undelivered prizes.



MISCELLANEOUS: Sweepstakes Parties are not responsible for late, lost, incomplete, corrupted, stolen, garbled, damaged, delayed, undelivered or misdirected entries, all of which are void. By entering the Sweepstakes, you recognize and agree that the registration information provided by you will be made available to Sponsor; use of such information will be governed by Sponsor’s privacy policy found at http://www.txu.com/en/ppolicy.aspx. Upon entering the Sweepstakes, winners grant Sponsor its affiliates, subsidiaries, parents, licensees and designees the right to print, publish, broadcast, transfer, and use world-wide, in any media now known or later developed, each winner's name, photo and likeness, for publicity purposes, including but not limited to, in advertisements, and other communications, including but not limited to online and in social media, worldwide, in perpetuity, without additional compensation, notification or permission, except where prohibited by law. Entrants agree to comply with these Official Rules and the decisions of the Sponsor and Administrator shall be binding and final.


RELEASE: As a condition of entering the Sweepstakes, you agree that (1) under no circumstances will you be permitted to obtain awards for, and you hereby waives all rights to claim punitive, incidental, consequential or any other damages, and any claims, judgments or awards shall be limited to actual out-of-pocket expenses; (2) all causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form class action; and (3) in no event will you be entitled to receive attorneys’ fees. BY ENTERING THE SWEEPSTAKES, YOU AGREE TO RELEASE, DISCHARGE AND HOLD HARMLESS SWEEPSTAKES PARTIES AND THE RESPECTIVE OFFICERS, DIRECTORS, AND AGENTS OF EACH, FROM ANY AND ALL LIABILITY FOR ANY INJURY, LOSS, OR DAMAGE OF ANY KIND TO PERSONS, INCLUDING DEATH, AND PROPERTY, WHETHER DIRECT OR INDIRECT, WHICH MAY BE DUE TO OR ARISE OUT OF PARTICIPATION IN THE SWEEPSTAKES OR ANY PORTION THEREOF, OR THE ACCEPTANCE, USE/MISUSE OR POSSESSION OF PRIZES, OR ANY PRIZE-RELATED TRAVEL OR ACTIVITY. YOU WAIVE ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.


DISCLAIMER: Sweepstakes Parties are not responsible for printing or typographical errors in these Official Rules or in any Sweepstakes-related materials. Sponsor reserves the right, in its sole discretion, to disqualify any individual that tampers with the entry process. Sponsor also reserves the right to terminate, suspend, cancel or modify the Sweepstakes and award the Grand Prize for the Sweepstakes from among all eligible, non-suspect entries received as of the date of termination in a random drawing if for any reason this Sweepstakes is not capable of running as planned due to any reason, including infection by computer virus, bugs, tampering, fraud, unauthorized intervention, technical failures or other causes that may corrupt or impair the integrity, fairness or proper play of the Sweepstakes. Sweepstakes Parties are not responsible or liable for any events which may cause errors and/or the Sweepstakes to be stopped, including but not limited to 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, nor are they responsible for any problems or technical malfunction of any telephone, network or telephone lines, computer on-line systems, servers, or cable, satellite, or Internet Service Providers, computer equipment, software or any other failure of any email or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any web site, or any combination thereof, including any injury or damage to yours or any other person's computer relating to or resulting from participation in this Sweepstakes or downloading any materials in this Sweepstakes. Sweepstakes Parties are not responsible for computer, mechanical, technical, electronic, network or other errors or problems, including any errors or problems that may occur in connection with the administration of the Sweepstakes, the processing of Entries, or in any other Sweepstakes-related materials. Sweepstakes Parties may stop you from participating in this Sweepstakes if you violate Official Rules or act, in Sponsor’s sole discretion: (a) in a manner Sponsor determines to be not fair; (b) with an intent to annoy, threaten or harass any other entrant or the Sponsor; or (c) in any other disruptive manner. Should more prizes be awarded through a computer, hardware, or software malfunction, error or failure, or for any other reason, in any prize category, than are stated for that category in the Official Rules, Sponsor reserves the right to award only the number of prizes stated in the Official Rules for that category. In no event will more prizes be awarded than that listed in Section 7.


CAUTION: ANY ACT OR ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SWEEPSTAKES PARTIES RESERVE THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL(S) TO THE FULLEST EXTENT PERMITTED BY LAW. 


CHOICE OF LAW AND JURISDICTION: Except where prohibited, all issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of entrants or winners, Sponsor, and administrator in connection with this Sweepstakes, shall be governed by, and construed in accordance with, the laws of the state of Texas, without giving effect to any choice of law or conflict of law rules or provisions (whether of the state of Texas or any other jurisdiction), which might otherwise cause the application of the laws of any jurisdiction other than the state of Texas. Any action seeking legal or equitable relief arising out of or relating to the Sweepstakes or these Official Rules shall be brought only in the courts of the state of Texas. You hereby irrevocably consent to the personal jurisdiction of said courts and waive any claim of forum non-convenience or lack of personal jurisdiction they may have.


WINNERS LIST: To receive the list of winners of prizes, send a #10 self-addressed stamped envelope for receipt by October 30, 2020 to: TXU Energy Summer Cooldown Giveaway, Winners List Request, c/o The Promotion House LLD, 6501 Cooper Place, Plano, TX  75093


SPONSOR: TXU Energy Retail Company LLC, 6555 Sierra Drive, Irving, TX 75039. Rep #10004.


ADMINISTRATOR: The Promotion House, LLC, 6501 Cooper Place, Plano, TX 75093


INSTALLER: Service Experts LLC, 3820 American Drive Suite 200, Plano, Texas 75075. License #: TACLA19815C, M-9955; TACLA72534E, 37694; TACLA87496C, 42650; TACLB26365E.


©2020 TXU Energy Retail Company LLC REP #10004


FULL LIST OF ELIGIBLE ZIP CODES

North Austin:  

76574, 78621, 78626, 78628, 78633, 78634, 78644, 78653, 78660, 78664, 78665, 78681, 78717, 78727, 78728, 78750, 78759

Houston

77003, 77004, 77005, 77007, 77008, 77009, 77011, 77012, 77013, 77014, 77015, 77016, 77017, 77018, 77019, 77020, 77021, 77022, 77023, 77024, 77025, 77026, 77027, 77028, 77029, 77030, 77031, 77032, 77033, 77034, 77035, 77036, 77037, 77038, 77039, 77040, 77041, 77042, 77043, 77044, 77045, 77047, 77048, 77049, 77050, 77051, 77053, 77054, 77055, 77057, 77058, 77059, 77060, 77061, 77062, 77063, 77064, 77065, 77066, 77067, 77068, 77069, 77070, 77071, 77072, 77073, 77074, 77075, 77076, 77077, 77078, 77079, 77080, 77082, 77083, 77084, 77085, 77086, 77087, 77088, 77089, 77090, 77091, 77092, 77093, 77094, 77095, 77096, 77098, 77099, 77336, 77338, 77339, 77345, 77346, 77373, 77377, 77379, 77380, 77381, 77386, 77388, 77389, 77396, 77401, 77406, 77407, 77429, 77433, 77449, 77450, 77459, 77469, 77477, 77478, 77479, 77481, 77489, 77493, 77494, 77498, 77502, 77503, 77504, 77505, 77506, 77507, 77511, 77518, 77520, 77521, 77523, 77530, 77532, 77535, 77536, 77539, 77545, 77546, 77547, 77562, 77565, 77571, 77573, 77578, 77581, 77583, 77584, 77586, 77587, 77598

DFW:

75001, 75002, 75006, 75007, 75009, 75010, 75013, 75019, 75022, 75023, 75024, 75025, 75028, 75032, 75033, 75034, 75035, 75038, 75039, 75040, 75041, 75042, 75043, 75044, 75048, 75050, 75051, 75052, 75054, 75056, 75057, 75060, 75061, 75062, 75063, 75065, 75067, 75068, 75069, 75070, 75071, 75074, 75075, 75077, 75078, 75080, 75081, 75082, 75087, 75088, 75089, 75093, 75094, 75098, 75104, 75115, 75116, 75126, 75134, 75137, 75146, 75149, 75150, 75154, 75159, 75165, 75166, 75173, 75180, 75181, 75182, 75189, 75201, 75202, 75203, 75204, 75205, 75206, 75207, 75208, 75209, 75211, 75212, 75214, 75215, 75216, 75217, 75218, 75219, 75220, 75223, 75224, 75225, 75226, 75227, 75228, 75229, 75230, 75231, 75232, 75233, 75234, 75235, 75236, 75237, 75238, 75240, 75241, 75243, 75244, 75246, 75247, 75248, 75249, 75251, 75252, 75253, 75254, 75287, 75407, 75409, 75442, 75454, 75495, 76001, 76002, 76006, 76008, 76009, 76010, 76011, 76012, 76013, 76014, 76015, 76016, 76017, 76018, 76020, 76021, 76022, 76028, 76031, 76033, 76034, 76036, 76039, 76040, 76048, 76049, 76051, 76052, 76053, 76054, 76055, 76058, 76060, 76063, 76065, 76071, 76082, 76084, 76085, 76086, 76087, 76088, 76092, 76102, 76103, 76104, 76105, 76106, 76107, 76108, 76109, 76110, 76111, 76112, 76114, 76115, 76116, 76117, 76118, 76119, 76120, 76123, 76126,, 76131, 76132, 76133, 76134, 76135, 76137, 76140, 76148, 76164, 76177, 76179, 76180, 76182, 76201, 76205, 76208, 76209, 76210, 76226, 76227, 76244, 76247, 76248, 76258, 76262