TERMS AND CONDITIONS
SOCIAL MEDIA CONTEST(S):
THE FOLLOWING PROMOTION IS INTENDED FOR CUSTOMERS OF PROGRESS ENERGY FLORIDA ONLY AND SHALL BE GOVERNED UNDER FLORIDA LAW
- ELIGIBILITY: Eligibility for Progress Energy Florida’s Compact Fluorescent Light (CFL) Bulb Social Media Contest (the “Contest”) is limited as follows. Each individual entering the promotion (each, a “Contestant”) must: comply fully with these Official Rules; be at least eighteen (18) years old; reside in Progress Energy Florida’s service territory (the “Service Area”); and not be an employee of Progress Energy Florida, Inc., or any of their respective parents, subsidiaries, affiliates, and agents, or any agencies or other companies involved in the development or execution of the Contest or production or distribution of Contest materials, and not have any immediate family member (spouse, parents, siblings and children) or household member who is such an employee. Void where prohibited or restricted.
- SPONSOR: Florida Power Corp. d/b/a Progress Energy Florida, Inc. The term Sponsor includes Sponsor’s designee(s), if any, to administer the Contest.
- TIMING: The Contest begins on August 1, 2011, at 9:00 a.m. U.S. Eastern Time and ends on August 10, 2011, at 6:00 p.m. U.S. Eastern Time (the "Contest Period").
- On Facebook: Go to www.facebook.com/progressenergyflorida during the “Contest Period” and submit your entry by “liking” Progress Energy Florida and entering your name and email address on the contest registration page via the link provided.
- On Twitter: Go to your Twitter page during the “Contest Period” and follow @progressenergy. Retweet Progress Energy Florida’s CFL bulb giveaway Tweet (copy below). Include @progressenergy and the hashtag #pefcontest in your retweet. “FL:Win 8 CFLs. Follow @progressenergy & RT. 5 win. More @progress-energy.com/cflgiveaway. Change 8 bulbs to CFL=save $72/year #pefcontest.”
Multiple entries from a single individual on the same day will not be accepted. Anyone found using multiple accounts to enter will be disqualified.
All eligible fans of the Progress Energy Florida Facebook page and eligible followers of @progressenergy on Twitter who retweet the contest message within the “Contest Period” will be entered for a chance to win. Sponsor reserves the right to determine, in its sole discretion, if an entry is eligible for the contest. Limit of one entry per Twitter or Facebook account per day. Individuals may win a maximum of one (1) prize pack of 8 compact fluorescent light bulbs. Sponsor will not verify receipt of entries.
- DRAWING: Potential winners will be determined by a random drawing conducted by a Sponsor representative within three (3) days of the end of the contest. Potential winners will be contacted by Progress Energy and required to provide an email address, mailing address and phone number. The potential winner will be notified by email or by phone within five (5) days of the end of the contest. Once eligibility has been verified and Sponsor receives the winner’s mailing address, Sponsor will ship the prize, at no charge, to the winner at his/her address within the Service Area. Neither Sponsor nor its subsidiaries or affiliated companies shall be liable for unsuccessful efforts to notify a potential winner. Odds of winning depend upon the number of eligible entries received.
- AGREEMENT TO OFFICIAL RULES: By participating in the Contest, each Contestant fully and unconditionally agrees to and accepts these Official Rules and the decisions of the Sponsor, which are final and binding in all matters related to the Contest. Being awarded any prize under the Official Rules is contingent upon fulfilling all requirements of these Official Rules. Winning a prize is contingent upon fulfilling all requirements set forth herein.
- AWARD: All estimated retail values are subject to change based on, among other things, normal price fluctuations associated with the consumer marketplace. No substitution or transfer of prizes or cash equivalent is permitted. Sponsor reserves the right to substitute a prize of equal or greater value. The Contestant understands and agrees that all prize winners are solely responsible for all taxes, permits or other fees associated with prize receipt.
- CONSENT: Except where prohibited, acceptance of a prize shall constitute and signify a winner's consent to the use of his/her Twitter or Facebook account name, actual name or both for advertising and promotional purposes without further compensation. By registering to enter the Contest, entrants affirm that they have read and accepted these Official Rules.
- GENERAL TERMS AND CONDITIONS: The Contest is subject to all applicable federal, state and local laws and regulations and is void where prohibited by law. Each Contestant is eligible to submit only one (1) Entry during each Contest. Proof of submission of an Entry is not proof of receipt of the Entry by Sponsor eligibility. Sponsor reserves the right to cancel or modify the Contest or these Official Rules if fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity of the Contest, as determined by Sponsor in its sole and absolute discretion. Sponsor reserves the right in its sole and absolute discretion to disqualify any Contestant if Sponsor determines that such Contestant has tampered with the Entry process or the operation of the Contest or has acted in violation of these Official Rules or acted in connection with the Contest in an inappropriate, indecent or obscene manner, as determined by Sponsor in its sole and absolute discretion. Any attempt by any person to deliberately damage any website or undermine the legitimate operation of the Contest is in 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 Official Rules shall not constitute a waiver of that provision.
- RELEASE: By participating in this Contest, Contestant irrevocably releases and agrees to hold harmless Twitter, Facebook, the Sponsor and their respective parents, subsidiaries, affiliates, agents and agencies, and each of their respective officers, directors, employees and agents (collectively, the “Released Parties”) from and against any losses, damages, rights, claims or causes of action of any kind arising, in whole or in part, directly or indirectly, out of participation, or attempted participation, in the Contest or resulting, directly of indirectly, from participation in the Contest or acceptance, possession, use or misuse of any prize awarded in connection with the Contest, in each case including without limitation personal injury, death and/or property damage, as well as claims based on defamation and infringement of any other individual’s or entity’s rights, including, without limitation, contractual rights, rights of publicity and privacy, trademark, copyright and patent rights.
- LIMITATIONS OF LIABILITY: The Released Parties are not responsible for: any incorrect or inaccurate information, whether caused by Contestants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; technical failures of any kind, including, but not limited to, malfunctions, interruptions or disconnections in phone lines or network hardware or software; unauthorized human intervention in any part of the entry process or the Contest; technical or human error which may occur in the administration of the Contest or the processing of entries; any damage, delay, harm or violation of any of these Official Rules caused by, directly or indirectly, any condition or cause reasonably beyond the Sponsor’s control, including, but not limited to, any act of God, law, regulation (or other governmental restriction), economic recession or depression, war, invasion, act of terrorism, natural or man-made disaster, insurrection, riot, or strike (or other labor stoppage or disruption); any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Contestant’s participation in the Contest or receipt or use of any prize or while traveling to or from any prize-related activity; or liability in connection with the Contest (other than grossly negligent or intentional failure to conduct the Contest in material compliance with the Official Rules). If for any reason a Contestant’s Entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, Contestant’s sole remedy is to submit another Entry in the Contest during the Contest Period. 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, Sponsor reserves the right to award only the stated number of prizes by random drawing among all legitimate, unawarded, eligible prize claims.
- DISPUTES: Except where prohibited, by participating in the Contest, Contestant irrevocably agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively in the state courts of Florida located in the County of Pinellas. Contestant accepts and submits himself or herself to the exclusive jurisdiction and venue of the aforesaid courts in personam with respect to any such action, suit or proceeding, and waives any claim that such forum is inconvenient or any similar claim. Further, Contestant expressly agrees that 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 shall include attorneys’ fees or other costs associated with such claim, judgment or award and that under no circumstances will Contestant be permitted to obtain any judgment or award for, and Contestant hereby waives all rights to, punitive, incidental and consequential damages, and any other damages, 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, entrant's rights and obligations, or the rights and obligations of the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Florida, without giving effect to any choice of law or conflict of law rules (whether of the State of Florida or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Florida. CONTESTANT HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY LITIGATION BASED HEREON OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS CONTEST.