JANUARY 2024 WINTER WEATHER CONTEST
1. Eligibility: Rhythm customers who (1) receive an invitation via email or text to participate in the contest, (2) opted to participate in the contest, (3) are current on all electricity payments, and (4) are party to an Eligible Rhythm Plan (each a “Participant”). Eligible Rhythm Plans are all electricity plans offered by Rhythm that (i) have a term that is more than 31 days, and (ii) do not offer solar buy-back credits.
2. Agreement to Contest Rules. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Rhythm’s decisions, which are final and binding in all matters related to the Contest. Winning Prizes are contingent upon fulfilling all requirements set forth herein.
3. Entry Deadline: Must opt-in to the Contest prior to 9:00 a.m. Central Time on January 16, 2024.
4. How to Enter: Complete the online Official Entry Form including your name, email, and address, agree to the Official Rules, and submit (“Submission”). Each Submission must be true and accurate.
5. Entry Limits. Limit one (1) entry per customer service location. A potential winner may be requested to provide Rhythm with proof that he/she is the authorized account holder of the email address associated with an opt-in and/or an eligible entrant. Use of any automated system to enter is prohibited and will result in disqualification. Rhythm is not responsible for lost, late, incomplete, invalid, unintelligible, or misdirected entries. In the event of a dispute as to any entrant, the account holder associated with the op-in email address and/or phone number, will be deemed to be the entrant.
6. How to Win. Rhythm will measure the electricity consumption for each Participant from 6:00 a.m. – 9:00 a.m. on January 15, 2024 (“Base Period”) and from 6:00 a.m. – 9:00 a.m. on January 16, 2024 (“Contest Period”). The ten Participants who have the highest electricity reduction percentage as determined by the following formula: ((electricity consumption during the Base Period - electricity consumption during Contest Period) / electricity consumption during the Base Period). Rhythm has the sole discretion and authority to make all determinations as to which Participants are contest winners, and due to data loss issues may have to disqualify any Participant from being eligible to win this contest because that Participant’s electricity usage data is not available to Rhythm.
7. Prize. Rhythm will award 30,000 Rhythm Reward Points (equal to $300 in bill credits) to up to 10 winning entrants (each a “Prize”). Rhythm will notify Winners via email and text message by February 2, 2024. Winner must be a Rhythm customer to redeem the Prize. Winners are responsible for all taxes and fees associated with Prize receipt and/or use, including, without limitation, any income tax on the Prize value, if any. Rhythm and its affiliates assume no responsibility for taxes. Winner’s acceptance of the Prize constitutes acceptance of such terms.
POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY RHYTHM, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CONTEST. AN ENTRANT IS NOT A WINNER OF ANY PRIZE, EVEN IF RHYTHM SHOULD SO INDICATE, UNLESS AND UNTIL AN ENTRANT’S ELIGIBILITY, AND A POTENTIAL WINNER HAVE BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
8. Release: By participating in the Contest or receiving any Prize, entrants, and each winner agrees to release and hold harmless Rhythm and its respective parent, subsidiary and affiliated companies, partners, suppliers, distributor, administrator and advertising/promotion agencies, and each of their successors, and the officers, directors, employees and agents of each of the foregoing (collectively, the “Released Parties”), from and against any and all claims and cause of action arising out of the operation of the Contest, participation in the Contest, Rhythm’s exercise of any rights granted to it herein and/or the receipt, delivery, non-delivery, use or misuse of any Prize, including, but not limited to, all claims and causes of action based on (a) any actual or alleged personal injury, death, or damage to or loss of property or (b) defamation or any violation of the rights of privacy or publicity. Rhythm is not responsible or liable if the Contest cannot take place as anticipated or if any Prize cannot be awarded due to acts of God, acts of war, natural disasters, weather, acts of terrorism or other acts beyond the reasonable control of Rhythm.
9. Publicity: Except where prohibited by law, participation in the Contest constitutes entrant’s consent to Rhythm’s and its agents’ use of entrant’s name, likeness, photograph, video, voice, statements, opinions, any comments, testimonials or other feedback related to Prize or Contest experience, and city and state, whether oral or written, for promotional purposes in any media, worldwide, without further notice, payment or consideration, including derivative work, in whole or in part. All entries become the sole and exclusive property of Rhythm and will not be returned or cancelled.
10. General Conditions: Rhythm reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor beyond Rhythm’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Rhythm in its sole discretion. In such event, Rhythm reserves the right to award the Prize at random from among the eligible entries received up to the time of the impairment. Rhythm 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 Contest or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Rhythm reserves the right to seek damages from any such person to the fullest extent permitted by law. Rhythm’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
11. Limitations of Liability: The Released Parties are not responsible 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 Contest; (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 Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of entries; (5) any loss of entrant information and/or entries; or (6) 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 Contest or receipt or use or misuse of any Prize, (7) any damages or losses of any kind, including direct, indirect, incidental, consequential or punitive damages arising out of your access to and use of the Site and/or participating in the Contest, downloading from and/or printing material downloaded from any websites associated with the Contest.
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 Contest, provided that if it is not possible to award another entry due to discontinuance of the Contest, or any part of it, for any reason, Rhythm, 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 Official Rules to be available and/or claimed, Rhythm reserves the right to not limit the number of Prizes awarded to the first ten Price entrants identified by Rhythm as winners.
WITHOUT LIMITING THE FOREGOING, THIS CONTEST AND ALL PRIZES ARE PROVIDED "AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
12. Disputes; Governing Law: Entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (b) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prizes awarded, shall be resolved exclusively by the United States District Court for the Southern District of Texas or a Texas State Court located in Harris County, Texas; (c) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (d) and entrant hereby waives all rights to claim any 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 Official Rules, or the rights and obligations of the entrant and Rhythm in connection with the Contest, 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 (whether of the State of Texas or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Texas.
13. Entrant's Personal Information: Information is being collected by the Rhythm and will be used for future marketing as it pertains to Rhythm products and services.