Program Rules

TERMS AND CONDITIONS - OFFICIAL RULES:

Promotional Draw Program Terms Agreement

Official Rules - No purchase necessary to participate

This document sets forth the Terms and Conditions for various promotional draw programs (the "Programs") that may be offered from time to time at www.ThinkEnergyUpgrade.com (the “Website”). This Site is operated by BDS Marketing, Inc. The sponsor of the Programs is Energy Upgrade California ("EUC" or "Sponsor"). At any time, a copy of these Rules and Regulations can be obtained by contacting ThinkEnergyUpgrade@BDSmktg.com. Membership in the Website is free of charge and subject to eligibility requirements. The Programs are not open to the general public, but only to Sales Personnel (as defined below) working at certain retailers of EUC products, as more fully explained below. Participation in any of the Programs constitutes your full and unconditional agreement to and acceptance of these Terms and Conditions (“Agreement”) and the decisions and processes of the Sponsor, which are final and binding. The Terms and Conditions below describe the Draw Program under “A”, and then general Terms common under “B”.

 

A. Draw Program

Eligibility

The Draw Program is open to legal residents of California who: (i) are eighteen (18) years of age or older at the time of participation; and (ii) currently sell computers, software, or peripherals at an authorized Retailer listed in the EUC registration on the Website (“Sales Personnel”); and (iii) have passed course(s) with a quiz (collectively, "Participants"). Individuals prohibited from participation or prizes by their employers or otherwise by law are not eligible. Membership on the Website is free and subject to eligibility requirements. Employees of BDS or EUC or of their subsidiaries, or their agents, and the immediate family (defined as parents, children, siblings and husband or wife) of each such employee, together with those with whom such employees or agents are domiciled, are not eligible. Participants may be required to submit proof of their eligibility. The Programs are subject to all applicable laws and regulations.

Qualifying for Entry

Entry into the Draw Program (“Draw”) can be earned by Sales Personnel for reviewing EUC presentation learning materials and passing the EUC courses and quizzes with a score of 100%, which help to ensure that Sales Personnel are qualified to capably sell EUC. The presentation pages contain all of the information necessary to answer the quiz questions. Other opportunities to earn entry may include completing EUC-related polls, surveys, etc. Participants must have an active account to access the Site: accounts are limited to one per person and are non-transferable.

Draw Period

Draw opportunities may become available at various times but generally is a calendar month in duration and closes at the end of a calendar month.  All completed courses with quizzes must be entered by 8 a.m. Pacific Standard Time on the last day of a calendar month to be eligible for monthly draw prizes. BDS is not responsible for late, misdirected, damaged or undelivered electronic submissions.

How to Participate

During a monthly Draw Period, log in to www.ThinkEnergyUpgrade.com/Win and pass the qualifying course(s) with quizzes. The Draw prize ("Monthly Draw Prize") will be awarded each calendar month if applicable. Winners of a Monthly Draw Prize will be selected each calendar month, in a random drawing from eligible entries for each course with quiz in the applicable one-month period. Each participant will receive a maximum of one (1) entry into the random prize drawing per correctly submitted applicable course with quiz. Odds of winning each prize offered depends on the number of eligible entries received. Each entry has an equal chance of winning.

Limitations

Employment verification within the past sixty (60) days may be required prior to receiving a prize.

Prizes

Prizes are not transferable, and no substitutes for prizes are available, except by BDS, which reserves the right, in its sole discretion, to substitute different prizes of comparable value. Applicable local, state, and federal taxes and any customs charges or tariffs on prizes may be the responsibility of the winners. Potential winners of prizes may be required to sign and return an affidavit of eligibility and release of liability. Failure to return a signed affidavit/release within seven (7) days of mailing will result in forfeiture of the prize, except where prohibited by law. Proof of sending will not be deemed to be proof of receipt by BDS. If value of Prize is $600 or greater than a 1099 Tax Notification may be issued according to IRS rules.  BDS reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the operation of the Promotions or to be acting in violation of these Official Rules. 

 

B. Terms and Conditions to Draw Program

Judging

BDS will be responsible for the review and scoring of all quiz answers. All decisions by BDS are final and conclusive in all matters relating to these Programs.

Items Obtained with EUC Entries

Items obtained with entries under the Draw Program are not transferable, and no substitutes for Items are available, except as determined by BDS, which reserves the right, in its sole discretion, to substitute different Items of comparable value. Applicable taxes and any customs charges or tariffs on Items must be paid by the winners. Potential winners of Items may be required to sign and return an affidavit of eligibility and release of liability. Failure to return a signed affidavit/release within seven (7) days of submission by BDS will result in forfeiture of the Item, except where prohibited by law. Proof of sending by the Participant will not be deemed to be proof of receipt by BDS. If value of Prize is greater than $600 a 1099 Tax Notification may be issued according to IRS rules.  BDS reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the operation of either Program or to be acting in violation of these Official Rules.

Notification

Participants who are Draw winners will be notified by email in their profile as applicable. Allow 6-8 weeks for delivery of the Item(s).

Interference with Program

If, for any reason, the Draw Program is not capable of running as planned by reason of, but not limited to, tampering, unauthorized intervention, fraud, technical failures or any other causes which would corrupt the administration, security, fairness, integrity or proper conduct of the Draw process or Program, BDS reserves the right, in its sole discretion, to cancel, terminate, modify or suspend your Draw entries and select other winners who have submitted an entry in the Draw Program (as applicable), or as otherwise deemed fair and equitable by BDS.

General Conditions

Except where prohibited by law, participation in the Draw Program constitutes the winners’ opt-in consent to permit BDS to use the winner's name, city, state and country, likeness, photograph, statements made by the winner about the Program,  EUC, and/or Item information, for promotional purposes in any media at any time without further payment or consideration. BY RECEIPT OF ANY ITEM FOR OBTAINED WITH EUC QUIZ ENTRY, THE WINNER AGREES TO RELEASE AND HOLD HARMLESS BDS AND EUC, ITS RELATED COMPANIES, AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF PARTICIPATION IN THE PROGRAM OR RECEIPT OR USE OF THE ITEM. All entries become the property of BDS, and none will be returned. BDS is not responsible for any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from downloading any material from the Website, regardless of whether the material was prepared by BDS or a third party, and regardless of whether the material is connected to ThinkEnergyUpgrade.com by a hypertext link. BDS reserves the right to cancel or modify any Program if fraud, technical failures, sabotage, security breach, or any other factor beyond BDS's reasonable control impairs the integrity of the Program as determined by BDS in its sole discretion. In such event, BDS reserves the right to award the Items randomly from the eligible entries received up to the time of the impairment. All applicable laws and regulations apply.

Personal Information:

You warrant that all the details provided in your account registration profile are true, accurate, current and complete in all respects and that you will update your profile information immediately if any changes occur.

You are entirely responsible for maintaining the confidentiality of your username and password and any activities that occur under your account. If you believe that your password has been compromised you should change it on the Site or contact us a soon as possible and, after appropriate security checks, we will change your password. We will not be liable to you or any other person for any loss or damage which may arise as a result of any failure by you to protect your password or account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

Governing Law and Jurisdiction

Participant agrees that: (1) to the maximum extent permitted by applicable law, any and all disputes, claims and causes of action arising out of or connected with the Programs, or any Items obtained or not obtained, shall be resolved individually, without resort to any form of class action or jury trial, and exclusively by the United States District Court for the Southern District of California or the appropriate California State Court located in Orange County, California; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Program (if any) but in no event shall attorneys’ fees be included; and (3) under no circumstances will Participant be permitted to obtain awards for, and Participant hereby waives all rights to claim, punitive, incidental and consequential damages or any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. To the maximum extent permitted by applicable law, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or this Agreement, or the rights and obligations of Participant and BDS (and any agent of BDS) in connection with the Programs, shall be governed by, and construed in accordance with, the laws applicable in the State of California, without giving effect to any choice of law or conflict of law rules of provisions (whether of the State of California, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than those applicable in the State of California.

Privacy Policy

Please see Privacy Policy applicable to the Programs under a separate tab.

VOID WHERE PROHIBITED BY LAW

 

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