NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE CHANCES OF WINNING.
Eligibility: Spin & Win or Scratch & Win (the “Promotion”) is open only to legal residents of Western Washington defined as within the counties of King, Pierce, Snohomish, Island, Whatcom, Thurston, Kitsap, and Skagit, who are at least twenty-one (21) years old at the time of entry. Employees of Washington Energy Services Company, and its parent and affiliated companies, suppliers as well as their respective immediate family (spouse, parents, siblings and children) and household members are not eligible. The Promotion is subject to all applicable federal, state and local laws and regulations and void where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Terms and Conditions and Sponsor’s decisions, which are final and binding in all matters related to the Promotion. Winning the prize is contingent upon fulfilling all requirements set forth herein. The “Sweepstakes” consists of a single set of 5,003 Scratch & Win cards printed and distributed for free at local events.
Sponsor: Washington Energy Services Company, LLC (“Washington Energy Services”)
Timing: The Promotion begins on January 23, 2019 at 12:00 a.m. Pacific Standard Time (“PST”) and ends on December 31, 2019 at 11:59 p.m. or when the supply of the Scratch & Win cards is exhausted (the “Promotion Period”). The Sponsor’s computer is the official time keeping device for this Promotion.
How to Enter: Visit Washington Energy’s home show booth at Tacoma Home Show or at Seattle Home Show, Washington Energy’s principal place of business in Lynnwood (3909 196th St SW, Lynnwood, WA 98036) and ask for a Scratch & Win card. Washington Energy Services’ principal place of business is open from 9 a.m. to 5 p.m. Monday through Friday. The potential winner’s Scratch & Win card is subject to verification before any prize will be awarded.
Limit: Each household may claim only one (1) prize during the Promotion Period. Prizes must be claimed within ________ days after the end of the Promotion Period, or by 5 p.m. on January 2, 2020, whichever is earlier. Sponsor is not responsible for lost, late, incomplete, invalid, or illegible Scratch & Win cards, which will be disqualified. Winner is required to produce their originally printed Scratch & Win card for verification by the Sponsor.
ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION. AN ENTRANT IS NOT A WINNER OF ANY PRIZE, EVEN IF THE SWEEPSTAKES SHOULD SO INDICATE, UNLESS AND UNTIL ENTRANT’S ELIGIBILITY AND THE SWEEPSTAKES WINNER HAVE BEEN VERIFIED BY SPONSOR AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. SPONSOR WILL NOT ACCEPT SCREEN SHOTS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS.
Verification of Potential Winners: Potential winners must continue to comply with all Terms and Conditions, and winning is contingent upon fulfilling all requirements. The winner will be notified by mail, email or phone. The Sweepstakes winner will be required to sign and return an Affidavit of Eligibility, Liability and Publicity Release (“Affidavit”) (except where prohibited), which must be received by Washington Energy Services within seven (7) days of the date notice or attempted notice is sent, in order to claim his/her prize (if applicable). If the potential winner cannot be contacted, or fails to sign and return the Affidavit within the required time period (if applicable), or prize is returned as undeliverable, potential winner forfeits prize. In the event that the potential winner is disqualified for any reason, or if prizes remain unclaimed after the Promotion period, all prizes unclaimed will remain un-awarded. Grand prize and first prize winners will be required to provide a IRS Form W-9 for tax purposes.
For All Prizes: NO CASH VALUE. NO CASH EQUIVALENT. All prizes awarded as part of the Promotion shall be non-transferable and there will be no substitution made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason. Sponsor will provide the grand and first prizes to the winner within two months of the receipt of the signed Affidavit. Each winner of a prize as part of the Promotion is responsible for all taxes and fees associated with receipt and/or use of the prize.
Sweepstakes Prizes: A “Prize” includes discount offers, services, products as stated below. All 5,003 Scratch & Win cards produced should have a prize stated on them. Should any Scratch & Win card not have a prize printed on it due to manufacturing defect, the default prize associated with that Scratch & Win card will be $100 off any qualifying installed product (per definition below). Number of prizes and odds of winning are shown below.
Grand Prizes (3; odds of winning 3:5,003):
- One Rheem Tankless Water Heater installed (including labor of installation) or a 40-50 gallon Rheem electric or gas tank water heater installed. However, the tankless water heater can only be installed in homes with gas available.
- One Daikin Ductless 12,000 BTU RX Series mini-split unit installed (including labor of installation).
- One Bryant Ductless 12,000 BTU Preferred Series mini-split installed (including labor of installation).
Any additional products and services not directly related to the installation of the Grand Prize item selected, or not currently provided by Washington Energy but requested by the winner, are the responsibility of the winner and not included in the Grand Prize. Winner may choose to forfeit any elements of a Grand Prize or give the Grand Prize away but no substitutions or cash equivalent will be provided for any Grand Prize elements voluntarily forfeited. Grand Prizes must be accepted (installed) within 2 months of the Sponsor contacting a winner and announcing the results.
Runner Up Prizes (20; odds of winning 1:250 (est.)):
- Twenty (20) individual Home Energy Audits provided by Washington Energy Services.
Each Runner Up Prize consists of a home energy audit service. Any additional products and services, or ones not currently provided by Washington Energy Services but requested by the winner, are the responsibility of the winner and not included as part of the Runner Up Prize. Winner may choose to forfeit any elements of a Runner Up Prize or give a Runner Up Prize away but no substitutions or cash equivalent will be provided for any Runner Up Prize elements voluntarily forfeited. Runner Up Prizes must be accepted (service performed) within 2 months of the Sponsor contacting a winner and announcing the results.
Rebate Prizes (4,980: odds of winning 1:1.1): Rebate prizes consist of:
- 2,480 cards with $150 off rebates, good with $3,000 minimum purchase from Washington Energy Services.
- 2,500 cards with $100 off rebates, good with $3,000 minimum purchase from Washington Energy Services.
These Rebate Prizes can be combined with other discounts. A rebate amount is taken off the invoice amount at time of a contract is signed. REBATES DO NOT apply to past purchases.
Release: By receipt of any Prize provided as part of the Promotion, a winner agrees to release and hold harmless Sponsor and its respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Promotion or receipt or use or misuse of any Prize except this release shall not apply to any expressed warranty by the Sponsor related to the Prize and/or its installation (if applicable).
Publicity: Except where prohibited, participation in the Promotion constitutes a winner’s consent to use of the winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes by Sponsor or any of its agents in any media, worldwide, without further payment or consideration to the winner.
General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Terms and Conditions or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a 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. Sponsor’s failure to enforce any term of these Terms and Conditions shall not constitute a waiver of such reservation of rights.
Limitations of Liability: The Released Parties are not responsible any entrant in the Sweepstakes for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (2) technical failures of any kind including, but not limited to, malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Promotion; (4) technical or human error which may occur in the administration of the Promotion or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Promotion or receipt or use or misuse of any Prize. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes, provided that if it is not possible to award another entry due to discontinuance of the Promotion, or any part of it, for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the Prizes offered herein. No more than the stated number of Prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than stated number of Prizes as set forth in these Terms and Conditions to be available and/or claimed, Sponsor reserves the right to award only the stated number of Prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any Prize awarded shall be resolved individually, without resort to any form of class action, and exclusively in King County Superior Court located in King County, Washington; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event will a prevailing party be entitled to its attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of the entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Washington, without giving effect to its choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than the State of Washington.
4835-0532-7706, v. 1