NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. THIS PROMOTION IS OPEN TO LEGAL RESIDENTS OF MICHIGAN, USA WHO ARE EIGHTEEN (18) YEARS OF AGE OR OLDER AND ARE PARTICIPANTS IN THE DTE SMART SAVERS PROGRAM (“PROGRAM”).
1. Promotion Period. This promotion (the “Promotion”) begins at 12:01:01 AM ET on August 27, 2018 and ends at 11:59:59 PM ET on September 30, 2018. This Promotion continues with a second and third drawing after the periods October 1, 2018 – September 30, 2019; and October 1, 2019 – September 30, 2020 (each the “Promotion Period”).
2. Eligibility. This Promotion is open to individuals who are at time of entry 18 years of age or older, are legal residents of Michigan, USA, reside at a qualifying address within the DTE Energy designated service territory, are currently customers in good standing of DTE Energy, who agree to be bound by these Official Rules, and whose enrollment application to participate in the demand response program is accepted by DTE Energy. Eligibility for entry is subject to DTE Energy’s sole determination that an entrant is eligible to participate in a demand response program that requires the adjustment of the entrant’s thermostat in connection with demand response events initiated by the entrant’s electric utility provider. Generally, eligibility is determined based on a number of factors including, without limitation, which utility provides the entrant’s electricity, the entrant’s residence location, and Sponsor’s ability to match the entrant’s name with his or her utility account number. Employees, agents, officers, directors and members of Sponsor, administrator, their affiliates, distributors, advertising and promotion agencies and anyone involved in the Promotion’s development or execution, and the immediate family members (meaning spouses, parents, siblings, children and their respective spouses, grandparents and grandchildren) and members of the households of such employees, agents, officers, directors and are not eligible to enter or win the Prize in this Promotion. Sponsor reserves the right to disqualify from this Promotion any person it believes has intentionally violated these Official Rules. Promotion subject to all applicable federal, state and local laws.
3. How to Enter. Enter by registering to participate in the Program. If you have already agreed to be bound by the Sponsor’s Program Terms and Conditions, and you are accepted by DTE Energy into the Program, you will be automatically entered into the Promotion. For each thermostat adjustment you participate in during the Promotional Period, you will earn one additional entry to win the Promotion. If you withdraw from the Program on or prior to the end of the Promotion Period, you will not be eligible to earn chances to win the Promotion. All entrants are bound by the Program’s Terms and Conditions. If you withdraw from the Program on or prior to the end of the Promotion Period, you will not be eligible to win. You can also obtain an entry into the drawing if you are eligible to enter and send in an entry by mail: on a 3"x5" card hand print your full name, complete home address including zip code, home telephone number with area code, e-mail address, and mail DTE Energy Smart Savers Sweepstakes, c/o EnergyHub, Inc., 323 3rd Street, Suite C201, Brooklyn, NY 11215. Limit one entry per person regardless of method of entry. No photocopies, facsimiles or mechanical reproductions of cards permitted. No metered mail will be accepted.
4. Prize and Odds. Ten winners (the “Winners”) will be drawn from all valid entries received.
Approximate Retail Value (“ARV”) of the Promotion Prize: $500.
Odds of winning depend on the number of eligible entries received. The Prize cannot be sold, transferred or bartered in whole or in part and no substitutions or cash equivalents allowed, except at the sole discretion of the Sponsor. All details of the Prize shall be determined solely by Sponsor. All expenses not specified in these Official Rules, including without limitation, taxes and insurance, are solely each Prize Winner’s responsibility.
5. Winner Selection. The Prize Winners will be selected in a random drawing held shortly after the end date of the Promotion Period. The Prize Winners will receive an email and/or telephone notification within 72 hours following winner selection, and the winners’ name and location (first name, last initial and city, state) may be posted on Sponsor’s website after an email notification has been sent to them. No other winner notification will be sent.
If a Prize Winner is found to be ineligible or not in compliance with these Official Rules, declines to accept the Prize, or if the Prize or Prize notification is returned as undeliverable, the Prize will be forfeited and Sponsor may award the Prize to an alternate Winner. By accepting the Prize, Winner represents that he or she has complied with all rules of this Promotion. The Winner may be asked to complete an affidavit of eligibility, including the recording of his/her Social Security number (for tax reporting purposes – as required by law). Acceptance of a Prize shall be construed as and signify the Winner’s agreement and consent that Sponsor and its designees may use the Winner’s name, voice, address (city and state only), likeness and/or Prize information, without limitation, for promotional purposes without further consideration, review, approval or payment, except where prohibited by law. As a further condition of receiving the Prize, each Winner must agree to be interviewed and photographed by Sponsor. Each Winner will also be asked (but not required) to provide a testimonial for similar promotions offered by Sponsor in the future.
6. General Conditions. All entries become the exclusive property of the Sponsor and will not be acknowledged. By entering this Promotion, each entrant accepts and agrees to be bound by these Official Rules and the decisions of the Sponsor, which shall be final, binding and conclusive on all matters relating to this Promotion. By participating in this Promotion, entrants agree that Sponsor, administrator, and their respective parents, affiliates, subsidiaries and advertising and Promotion agencies and each of their respective officers, directors, employees, representatives and agents (collectively, “Released Parties”) will have no liability whatsoever for, and shall be held harmless by entrants against, any liability for any injuries, losses or damages of any kind to persons or property, including death, resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any Prize or participation in this Promotion. The Released Parties do not make any warranty, representation or guarantee, express or implied, in fact or in law, relative to the use of any Prize, including, without limitation, quality, merchantability, and fitness for a particular purpose. Sponsor reserves the right to modify this Promotion in any way it deems necessary or appropriate. Entry into this Promotion and acceptance of the Prize constitutes permission for Sponsor to use a winner’s name, city, state of residence, likeness and/or photograph and statements for advertising/trade and all other purposes, in any and all media, and all media now or hereafter known worldwide, including the Internet and social networking sites, without further compensation, notification or permission, unless prohibited by law.
7. Internet. The Released Parties are not responsible for lost, late, incomplete, inaccurate, stolen, misdirected, undelivered, delayed, garbled, unintelligible or damaged entries; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Promotion, including, without limitation, errors or difficulties which may occur in connection with the administration of the Promotion, the processing of entries, the announcement of the Prize winners or in any Promotion-related materials. The Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Promotion. The Released Parties are not responsible for injury or damage to entrants’ or to any other person’s computer related to or resulting from participating in this Promotion or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the Promotion or website or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated entries will be void. If for any reason this Promotion is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Promotion, Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and/or to cancel, terminate, modify or suspend the Promotion or any element thereof. The use of any automated launching or entry software or any other mechanical or electronic means that permits the entrant to automatically enter and/or enter repeatedly is prohibited. Any entries found or suspected to be submitted in this manner will be deemed ‘void’ by the Sponsor. No more than the advertised number of Prizes will be awarded. CAUTION: ANY ATTEMPT 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 OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
8. Disputes. This Promotion is governed by the laws of the United States and the State of New York, without respect to conflict of law doctrines. As a condition of participating in this Promotion, entrants agree that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or in connection with this Promotion, shall be resolved individually, without resort to any form of class action. Further, in any such dispute, under no circumstances will an entrant be permitted to obtain awards for, and each entrant hereby waives all rights to claim punitive, incidental or consequential damages, including attorneys' fees, and entrant further waives all rights to have damages multiplied or increased.
9. Binding Arbitration. You hereby waive all rights to trial in any action or proceeding instituted in connection with this Promotion and/or the Program. Any controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of New York and judgment on the arbitration award may be entered into any court having jurisdiction.
10. Winner List/Official Rules. For a copy of the official Winners List or Official Rules, send a self-addressed #10 envelope postmarked by 30 days after the end of the relevant Promotion Period to: DTE Smart Savers Promotion, c/o EnergyHub, Inc., 232 3rd Street, Suite C201, Brooklyn, NY 11215. Please indicate on the outside of the envelope “Winners List Request” or “Official Rules Request.”
11. Sponsor. The “Sponsor” of this Promotion is DTE Energy, One Energy Plaza, Detroit, MI 48226. This Promotion is administered by EnergyHub, Inc., 232 3rd Street, Suite C201, Brooklyn, NY 11215.
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