Light Up Your Home 2016 Rules & Conditions

By participating AND/OR VOTING in THIS “LIGHT UP YOUR HOME” promotion (“Promotion”), you agree to the terms and conditions set forth herein (“Official Rules”), which are a contract between you and Brilliant Energy, LLC (“Sponsor”).  No purchase is necessary to participate, and completing one or more purchases will not improve your chances of winning.  Among other technological, informational, and other requirements, Internet access, a valid and active facebook account, and a valid e-mail address may be required to submit entries and/or vote.  USE OF THIRD-PARTY PRODUCTS AND SERVICES, INCLUDING, WITHOUT LIMITATION, INTERNET SERVICE PROVIDERS, E-MAIL SERVICES, FACEBOOK, AND THE EASYPROMOS APPLICATION, MAY BE SUBJECT TO ONE OR MORE CONTRACTS OR AGREEMENTS GOVERNING YOUR USE THEREOF.  YOUR ASSENT TO SUCH CONTRACTS OR OTHER AGREEMENTS AND USE OF SUCH THIRD-PARTY PRODUCTS AND/OR SERVICES ARE AT YOUR SOLE DISCRETION AND SOLE RISK.

 

All federal state, local, and municipal laws and regulations apply.  Further, you may be subject to other restrictions or obligations you have undertaken by contract or otherwise that MIGHT RESTRICT YOUR PARTICIPATION, OR MIGHT prevent you from participating, in the Promotion.  This Promotion is void OUTSIDE OF texas AND ELSEWHERE where prohibited.

 

Usted puede obtener una traducción de estas Reglas Oficiales en Español por correo a Brilliant Energy, LLC, Attn: Reglas Oficiales, 800 Wilcrest Drive, Suite 109, en Houston, Texas 77042 o por teléfono a (877) 789-8801 (sin cargo) o por correo electrónico en community@brilliantenergy.com

 

Promotion.  The Promotion is a contest offered by Sponsor to its customers who are residential retail electric customers as of the Opening Date.  The Promotion will open on November 28, 2016, at 12:00 p.m. (“Opening Date”) and will close on December 27, 2016 at 11:59 p.m. (“Closing Date”).  These times, as well as any other times referred to herein, are Central Time under the prevailing time standard, meaning that whether such time is Central Standard Time or Central Daylight Savings Time will depend on any applicable time change that occurs during the Promotion.  The dates and times above and contained elsewhere in these Official Rules will be tracked by Sponsor alone and will be the sole and exclusive determinant used to administer the Promotion with respect to date and time.

 

Prize.  A single prize (“Prize”) will be awarded to a single Winner.  The Prize awarded will be a one-time credit applied to the Winner’s residential retail electricity account with Sponsor in an amount equal to the Winner’s actual charges (not to exceed $599.99) for residential retail electric service invoiced on the Winner’s most recently issued, unpaid bill for such service as of the Closing Date, excluding any and all past-due balances, penalties, fees, and non-recurring charges.  If no such described amounts are due to Brilliant Energy from the Winner, then the Prize awarded will be a one-time credit applied to the Winner’s residential retail electricity account with Sponsor in an amount equal to the Winner’s actual charges (not to exceed $599.99) for residential retail electric service invoiced on the Winner’s next issued bill for such service, excluding any and all past-due balances, penalties, fees, and non-recurring charges.  In all instances, the Winner is responsible for any taxes and other liabilities associated with winning any Prize.

 

Eligibility to Participate.  You are eligible to participate in the Promotion (an “Eligible Participant”) if you: (i) are 18 years of age or older; (ii) are a legal U.S. citizen; (iii) are a resident of the State of Texas; (iv) are a residential customer of Sponsor on the Opening Date; and (v) are not an employee, or a family member of any employee, of Sponsor.

 

A “residential customer of Sponsor” means either: (i) a separately metered, end-use customer of Sponsor who is classified as residential by the applicable bundled utility tariff, unbundled transmission and distribution utility tariff; or, in the absence of such classification under a residential rate class, (ii) a separately metered, end-use customer of Sponsor who is primarily an end-user consuming electricity at the customer’s place of residence for personal, family, or household purposes and who is not a reseller of electricity.

 

By submitting an Entry or otherwise participating or voting in the Promotion, you agree to receive promotional e-mail and other materials from Sponsor.  You are prohibited from participating in the Promotion, and will be deemed ineligible and otherwise disqualified from the Promotion, if you are responsible, in whole or in part, for any action or inaction that affects the administration, security, fairness, integrity, or propriety of this Promotion or you otherwise violate these Official Rules.  If at any time, including during the Promotion and/or prior to Prize delivery, you fail to satisfy the aforementioned eligibility criteria or you otherwise violate these Official Rules, you will be ineligible to participate and/or continue participating in the Promotion, any Entry you have submitted with be forfeited, withdrawn, cancelled, and otherwise disqualified, and any Prize you have been awarded will be reclaimed by Sponsor.  Once you have been deemed to be ineligible, your eligibility cannot be reinstated.

 

Participation.  Any Eligible Participant may participate in the promotion by submitting to Sponsor a single photograph and other required information (Photographs and other required information may be referred to herein collectively as an “Entry”) via one of the entry methods described herein.  Eligible Participants are restricted to one Entry only and are prohibited from submitting more than one Entry.  Sponsor will begin accepting Entries from Eligible Participants on the Opening Date and will cease accepting Entries at 11:59 p.m. on December 12, 2016 (“Entry Deadline”).  YOUR ENTRY MUST BE RECEIVED BY SPONSOR ON OR BEFORE THE ENTRY DEADLINE.  Any and all untimely Entries received by Sponsor will be deemed disqualified and otherwise ineligible for the Promotion without notice to you.

 

The timeliness of an Entry is based on the date and time that the Entry is received by Sponsor, not the date and time that the Entry is submitted or otherwise issued by an Eligible Participant for delivery to Sponsor.  No Entry, or any data, information, photograph, or other materials provided to Sponsor in connection with or contained in any Entry or attempted Entry, will be returned.  If you have a disability that prevents you from participating in the Promotion, please do not hesitate to contact Sponsor.

 

Entry Methods.  An Entry may be submitted in the following ways:

 

Standard Entry.  Upload a digital or scanned photograph and provide all required personal information using the EASYPROMOS application available on Sponsor’s Facebook page. 

 

Alternate Methods of Entry.  E-mail a digital or scanned photograph and provide all required personal information (first name, last name, e-mail address, and Sponsor account number) to community@brilliantenergy.com, or mail a photograph and provide all required personal information (first name, last name, e-mail address, and Sponsor account number) to Brilliant Energy, LLC, Attn: Light Up Your Home Promotion, 800 Wilcrest Drive, Suite 109, Houston, Texas 77042.

 

Entry Restrictions.  In addition to the restrictions regarding the timeliness of Entries and other restrictions contained herein, Entries are subject to the restrictions included below, without regard to whether the Entry or photograph already has been published in the Promotion or elsewhere:

 

The photograph must be an original, unedited photograph taken by the Eligible Participant submitting the Entry;

 

The photograph must depict the theme of the Promotion, Light Up Your Home, e.g., depiction of an exterior or interior residential holiday lighting display;

 

No Entry may contain, in whole or in part, any photograph, image, data, information, materials, or other content that is, or that Sponsor, in its sole, exclusive, and unfettered discretion, believes or has reason to believe is, unlawful, libelous, obscene, inflammatory, defamatory, pornographic, profane, offensive, or otherwise objectionable to Sponsor;

 

No Entry may depict, in whole or in part, any person, place, or other thing without proper authorization that is, or that Sponsor, in its sole, exclusive, and unfettered discretion, believes or has reason to believe is, subject to privacy rights, copyrights, trademark rights, other protections of any kind afforded to persons or property that would inhibit or otherwise affect Sponsor’s use of the Entry in accordance with these Official Rules.  Proper authorization may be demonstrated by delivering to Sponsor with the Entry one (or more, as necessary) executed Release Form(s) as described herein;

 

Standard and e-mailed Entries are subject to strict format, size, and file size restrictions and must be in the .IMG, .JPG, or .PNG file format and must be no larger than 4 megabytes in file size.

 

Entries also are subject to other verification by Sponsor prior to and after publication and prior to Sponsor’s declaring the Winner and awarding the Prize.  Sponsor reserves the right to reject, alter, amend, withdraw, or otherwise disqualify any Entry that cannot be verified by Sponsor, that does not comply with the Entry restrictions above, that does not comply with the other restrictions contained herein, or that in any other way violates these Official Rules.

 

License.  By submitting an Entry or otherwise participating in the Promotion, you thereby grant to Sponsor an irrevocable, perpetual, worldwide, non-exclusive license to create derivative works from, reproduce, distribute, display, sublicense, and otherwise publish your Entry, including any and all photographs, data, information, materials, and other content contained therein or provided in connection therewith.  The license described herein is non-cancelable and irrevocable by you, your principal(s), agent(s), employee(s), successor(s), assign(s), and/or heir(s).  You shall, and you shall cause any other person or entity in your charge or control to, promptly sign and deliver any and all documents and/or take any and all actions that Sponsor reasonably requests to establish and perfect the license granted to Sponsor under these Official Rules.

 

Release Form.  If any Entry contains any photograph, image, depiction, data, information, materials, or other content that is not owned by you and/or that is subject to the rights of one or more third parties, or if any Entry depicts any person, then, at your own expense and without compensation of any kind from Sponsor and prior to submission of your Entry, you must obtain from such person(s) and/or other third party(ies) each and every authorization, consent, and release necessary to permit Sponsor’s unfettered publication, exhibition, and other use of the Entry in accordance with these Official Rules.  If any person depicted in any Entry lacks the legal or other capacity to provide such authorizations, consents, and releases, then also you must obtain the signature of such person’s legal guardian or other agent on behalf of such person.  Further, any and all authorizations, consents, and releases described herein must fully indemnify, release, and otherwise hold harmless Sponsor from any and all liability arising from or relating in any way to your Entry, the Promotion, and these Official Rules, and such authorizations, consents, and releases must be provided to Sponsor with your Entry at the time of its submission.  Failing to comply with these requirements or other of these Official Rules may result in your and/or your Entry’s rejection, withdrawal, or otherwise disqualification and you will be ineligible to participate and/or continue participating in the Promotion.

 

Judging and Winner Selection.  The Winner of the Promotion will be determined by Sponsor based on votes cast by judges.  Judges may be any member of the general public who has a valid and active Facebook account and who agrees to each, every, and all applicable conditions, restrictions, and other terms of use relating in any way to this Promotion, judging, and voting.  Judges may cast votes for one or more photographs using the EASYPROMOS application available on Sponsor’s Facebook page.  Judging will commence at 12:00 p.m. on December 13, 2016, and shall end on the Closing Date.  Judging criteria will include the following: consideration of how the photograph and its content depict: the theme of the Promotion, “Light Up Your Home”; creativity; and originality.

 

A single “Winner” will be determined after the Closing Date and will be the Eligible Participant whose Entry receives the greatest number of votes, as determined by Sponsor.  If Sponsor determines that two or more Entries have received the greatest number of votes (i.e., a tie), then Sponsor will assemble a panel of judges comprised five of Sponsor’s employees who will cast votes in accordance with the judging criteria above to determine the Winner.  The Winner’s first name and last initial may be included in Sponsor’s winner announcement and other related announcements on Sponsor’s Facebook page, but, to the extent required by law, further information about the Winner, including the Winner’s first name, last initial, city, and state, may be obtained from Sponsor by submitting a request to Sponsor in writing, along with a self-addressed, stamped return envelope, to Brilliant Energy, LLC, Attn: Light Up Your Home, 800 Wilcrest Drive, Suite 109, Houston, Texas 77042.  

 

All votes cast by judges, and all votes measured by Sponsor, and all other determinations made by Sponsor are final and non-appealable.

 

Privacy.  Your participation in the Promotion and/or voting in the promotion constitutes your consent for Sponsor to obtain and to use any and all of your personal information provided to or otherwise made available to Sponsor, which may include, without limitation, your name, address (city and state), e-mail address, photograph, Entry (including any and all photographs, data, information, materials, and other content contained therein or provided in connection therewith), other photographs, voice, likeness, and/or “proprietary customer information” as that term is defined in P.U.C. Subst. R. 25.5(89) and 25.272(c)(5) of Title 16 of the Texas Administrative Code, for the purpose of administering the Promotion and for other purposes, which include, without limitation, advertising, marketing, trade, promotions, announcing the Winner, and awarding the Prize.  You agree that Sponsor’s use of your personal information shall include, without limitation, use in any and all media now known or hereinafter made known or discovered, worldwide use, and/or perpetual use.  You agree that Sponsor may use your personal information, as described above and elsewhere herein, without notice or review or approval and without compensating you in any way for such use.  For more information about privacy, you can view Sponsor’s Privacy Policy at http://www.brilliantenergy.com/privacy-policy/.

 

You shall, and you shall cause any other person or entity in your charge or control to, promptly sign and deliver any and all documents and/or take any and all actions that Sponsor reasonably requests to establish and perfect any and all rights assigned to Sponsor under these Official Rules.

 

Facebook Acknowledgement and Release.  You acknowledge that the Promotion is in no way sponsored, endorsed, or administered by, or associated with, Facebook, and you hereby release from liability, covenant not to sue, and otherwise hold harmless Facebook from any and all claims, demands, and damages of every kind and nature, including, without limitation, actual, unsuspected, disclosed, and undisclosed, arising out of or in any way connected with the Promotion.

 

Translation.  Any translation of these Official Rules from English to any other language has been provided for your convenience and/or legal compliance purposes only.  In the event of any dispute arising from or in any way related to these Official Rules and/or one or more translations of the same, the English version of these Official Rules shall control. 

 

Limitations on Liability.  YOU EXPRESSLY AGREE THAT YOUR PARTICIPATION IN THE PROMOTION, INCLUDING, WITHOUT LIMITATION, SUBMITTING ANY ENTRY, JUDGING, VOTING, AND/OR AVAILING YOURSELF OF ANY THIRD-PARTY GOOD, SERVICE, AND/OR CONTENT, IS AT YOUR SOLE RISK.  SPONSOR SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DELAY OR FAILURE IN PROCESSING ANY ENTRY, OR DELAY OR FAILURE IN PUBLISHING OF ANY PHOTOGRAPH.  SPONSOR SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER, OR OTHERWISE) ARISING FROM OR RELATED IN ANY WAY TO THE PROMOTION OR ANY THIRD-PARTY CONTENT OR SERVICES OR USER-GENERATED CONTENT AVAILABLE IN CONNECTION WITH THE PROMOTION, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE OR OTHERWISE, EVEN IF SPONSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

 

Limitation of RemedyIN THE EVENT YOU EXPERIENCE ANY PROBLEM OR HARM OR HAVE ANY DISPUTE RELATING IN ANY WAY TO THE PROMOTION, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE PARTICIPATING IN THE PROMOTION.  UNDER NO CIRCUMSTANCES SHALL SPONSOR, ITS AFFILIATES, OR ITS LICENSORS BE LABILE IN ANY WAY FOR YOUR PARTICIPATION IN THE PROMOTION OR THIRD-PARTY CONTENT AVAILABLE IN CONNECTION WITH THE PROMOTION, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS, ANY INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF, OR RELATED TO, THE PROMOTION OR ANY THIRD-PARTY CONTENT OR SERVICES AVAILABLE IN CONNECTION WITH THE PROMOTION.

 

Indemnity.  Without regard to Sponsors negligence or the negligence of any other Indemnified Party, you hereby release from liability and covenant not to sue Sponsor, or any of the Indemnified Parties (singularly or together), and you agree to indemnify, defend, and otherwise hold harmless Sponsor, its licensors, suppliers, officers, directors, employees, agents, affiliates, subsidiaries, successors, and assigns (each singularly an “Indemnified Party,” and collectively, the “Indemnified Parties”) from and against any and all liability, loss, claim, damages, expense, or costs of every kind and nature (including, without limitation, attorney’s fees), incurred by or made against the Indemnified Parties in connection with any claims, suits, actions, judgments, losses, damages, demands, and liability of any and all kinds, without regard to foreseeability (including, without limitation, injury or death of persons or injury to property, copyright infringement, trademark infringement, any other infringement, or any other right, privilege, or interest held by a third party, and special, incidental, exemplary, consequential, punitive, or other damages),whether sounding in contract, tort, statute, equity, or otherwise, that arise from or are related in any way to the Promotion.  This includes, without limitation, any breach or violation of these Official Rules.  You agree to cooperate fully at your own expense when reasonably required by an Indemnified Party.  Each Indemnified Party may, at its election, assume the defense and control of any matter for which it is indemnified hereunder.  You shall not settle any matter involving an Indemnified Party without the consent of the applicable Indemnified Party.  You hereby waive the provisions of any and all laws limiting or prohibiting a general release.

 

Force Majeure.  If Sponsor is unable to carry out, in whole or in part, its obligations under these Official Rules (including tallying any votes and/or awarding any Prize) as a result of Force Majeure, then the obligations of Sponsor hereunder that are affected by the Force Majeure shall be excused to the extent and for the duration of such Force Majeure.  Sponsor may take reasonable steps to remedy the cause or effect of the Force Majeure and resume performance under these Official Rules, but Sponsor reserves the right to cancel, suspend, modify, or discontinue the Promotion, as Sponsor in its sole, exclusive, and unfettered discretion deems necessary, due to a Force Majeure.

 

For purposes of these Official Rules, “Force Majeure” means any act or event that is beyond the reasonable control of Sponsor that affects the administration, security, fairness, integrity or propriety of this Promotion or otherwise affects the Promotion.  Force Majeure includes, but is not limited to: an act of God; labor disturbance; an act by a public enemy; terrorism; war; insurrection; riot; embargo; fire; storm; lightning; flood; explosion; breakage or required maintenance of machinery or equipment; accidents; acts of any court or governmental entity; nonperformance by any person or entity which impacts the Promotion, including, without limitation, you, any Eligible Participant, any Judge, Facebook, EASYPROMOS, S.L., and the respective employees and agents of such persons and entities; a curtailment order, regulation, or restriction imposed by governmental, military, or lawfully established civil authority; computer viruses, bugs, tampering, unauthorized intervention, fraud, technical failures; and/or any other condition beyond Sponsor’s control.

 

Governing Law.  The Promotion and the Official Rules shall be governed by and construed in accordance with the laws of the State of Texas, without regard to principles of conflicts of laws.  Any and all claims, actions, or suits must be brought in a court of competent jurisdiction in Harris County, Houston, Texas.

 

Merger.  These Official Rules constitute the entire agreement between you and Sponsor relating to the subject matter hereof.  Any other agreements, whether written or oral, between you and Sponsor concerning the subject matter of these Official Rules are hereby superseded.