OFFICIAL CONTEST RULES FOR THE “coolNYC 2048 GAME PROMOTION”
Last updated 7/9/2014
The coolNYC 2048 Game Promotion (the “Promotion”) is sponsored by ThinkEco, Inc. (the “Company”). By entering the Promotion, you (the “Contestant” or “You”) agree to comply with and be bound by the following Official Contest Rules (the “Rules”). Please review the Rules carefully. If You do not agree to the Rules in their entirety, You are not permitted to enter the Promotion.
- NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT INCREASE THE ODDS OF WINNING.
- PRIZES AND DRAWINGS – Prizes for participating in the Promotion (“Prizes”) will be awarded in several drawings (each a “Drawing”) to be held (on or about) the dates described in the table below in a random selection by the Company of all eligible Contestants.
Drawing Number Expected Drawing Date
July 13th (Sunday)
July 27th (Sunday)
August 10th (Sunday)
August 24th (Sunday)
September 7th (Sunday)
In each Drawing, the collective Prizes awarded to all eligible Contestants will be no more than US$800. Individual Contestant Prizes awarded are determined by the Prize tier (“Tier”) You qualify for based upon the amount of time (in hours) You participate in the Demand Response Events (“Events”) called by the Company as per the rules of coolNYC 2014 Program. You can increase your chances of winning in any Drawing by successfully playing the coolNYC 2048 Game. The higher the score you achieve in the coolNYC 2048 Game, the more entries you will have to win a Prize in the Drawing at your qualified Tier.
The number of Tiers and Prizes awarded in each Tier are described in the table below:
Number of Prizes
Hours Participation in Demand Response Events
Full Participation (4 hours)
Between 3 and 4 hours
Between 2 and 3 hours
Between 1 and 2 hours
Note: if no Event occurs before an Expected Drawing Date, the Prizes from that Expected Drawing Date will be combined with the next Drawing Date. However, the number of Prizes that are awarded in the combined Drawing will be the same. For example, if no Event occurs before the July 6th Expected Drawing Date, the July 20th Drawing Date will have the following Prizes (2 at $200, 3 at $100, 8 at $50 and 50 at $10).
If more than one Event occurs before an Expected Drawing Date, then You may qualify for a higher Tier than you would have otherwise qualified for in the first Event by participating in more hours in the second Event. For example, if you only participated in 2 hours for the first Event (qualifying for Tier 2), you may qualify for a higher Tier if you participate in more hours for the second Event, but You must individually qualify for the higher Tier in that Event as your hours for each Event will not be combined in determining the Tier You have qualify for in the next Drawing covering the two Events.
In Each Drawing, You are eligible for the top Tier that you qualify for and then any lower Tiers if you fail to win a Prize in the Drawing for that Tier. For Example, if you qualify for Tier 3 and are not awarded a Prize, you will be automatically entered into the Drawing of the Prize for Tier 2 (and if you don’t win again, for Tier 1). Once you win a Prize, You will not be eligible to win a Prize in any other Tiers for that particular Drawing.
After each Drawing, your Tier and any additional entries for playing the coolNYC 2048 Game will be reset to zero, and you must requalify for the next Drawing by participating in Events and playing the coolNYC 2048 Game as described herein.
- ELIGIBILITY. The Promotion is open only to legal residents of New York City who are eighteen (18) years of age or older and are eligible participants in Consolidated Edison’s “coolNYC Program” who were selected as one of the two-hundred (200) limited participants in the Promotion during the online enrollment process at www.coolnycprogram.com or who have completed the Mail-In Entry option described in Paragraph 5 below. This Promotion is void where prohibited by law. Employees, officers and directors of the Company, their respective legal representatives, and each of their respective affiliates, parents, subsidiaries, advertising, promotional, fulfillment and marketing agencies, as well as their immediate families (and those living in their respective households) are not eligible to participate or claim the Prize in the Promotion.
By participating, You agree to these Rules and to the Promotion winner selection process and decisions of Company, which are final and binding in all respects. Contestants wishing to obtain a copy of these Rules may request a printed copy of same by writing to: ThinkEco, Inc., 494 8th Avenue, Floor PH, New York, NY 10001. Promotion void where prohibited. All federal, state and local laws, rules and regulations apply.
HOW TO ENTER. To be eligible to participate in the Promotion You MUST complete the actions below and be selected as one of the 200 Contestants to participate in the Promotion. NO PURCHASE IS NECESSARY OF ANYTHING TO ENTER OR WIN. A PURCHASE WILL NOT ENHANCE YOUR CHANCES OF WINNING.
All participants must be eligible and verified members in Consolidated Edison’s “coolNYC Program” by completing the online enrollment process at www.coolnycprogram.com and be selected as one of the two-hundred (200) participants in the Promotion.
All participants must register at www.mymodlet.com, and set-up one or more smartAC kits distributed through the coolNYC program. Each kit will be considered “set-up” if it has actively communicated power data to the ThinkEco cloud system. The first two hundred (200) people who set up their smartAC kits will be eligible for the Promotion.
To qualify for Prize Tiers in any Drawing You must participate in Events in the coolNYC 2014 Program when they are called by the Company. The more hours You participate in the Events, the higher the Tier you qualify for in the Drawing that will be based on such Event.
- You can boost your chances of winning by playing the coolNYC 2048 Game. The higher the score You achieve in the coolNYC 2048 Game, the more entries You will have to win a Prize in the Drawing at your qualified Tier. The relationship between coolNYC 2048 Game score and entries is described in the table below:
2048 Score Credit Multiplier 0 – 6,999 1x 7,000 – 13,999 2x 14,000 – 20,999 3x 21,000 – 41,999 4x 42,000 – 81,999 5x ≥ 82,000 6x
There is a limit of one (1) person per household for the Promotion. The Company reserves the right to reject any entries or contestants that it believes, in its sole and reasonable discretion, are fraudulent, ineligible, have incomplete enrollment data or are otherwise invalid.
The Company will determine whether You have met the eligibility criteria described above based upon its systems used for detecting Product registrations, connectivity, participation in Events and scores achieved in the 2048 coolNYC Game. The Prize winners will be contacted via the e-mail address and phone number that the Company has on file in connection with that individual’s registration at www.mymodlet.com. You must update this information, as necessary, to remain eligible to win. By participating in the Promotion, You are also agreeing to accept e-mail, phone communication, text communication and direct mail messages from Company (or its authorized representative). Confirmation of your entry in the Promotion and/or your eligibility will be communicated by email, phone or mail to the registration data provided by Contestants on the coolNYC 2014 Enrollment Website. The Promotion will last until October 15, 2014, by which time all Prizes will have been allocated to the Winners.
COMPANY IS NOT RESPONSIBLE FOR ENTRIES THAT ARE LOST, LATE, ILLEGIBLE, MISDIRECTED, DAMAGED, INCOMPLETE OR INCORRECT. IF YOU FAIL TO COMPLETE AN ENTRY INCLUDING, WITHOUT LIMITATION, WHERE YOU CANNOT ACCESS THE REGISTRATION WEBSITE OR THE GAME OR YOUR FAILURE TO PARTICIPATE IN EVENTS FOR ANY REASON WHATSOEVER, MAY DISQUALIFY YOU FOR THE PRIZE DRAWING.
MAIL-IN ENTRIES. As an alternative means of entry in the Promotion You may mail-in a letter or a postcard to the Company with the title, “coolNYC 2048 Game Promotion”. Only one separate mail-in entry per person per household will be accepted during the Promotion Period. All mail-in Contestants will receive the standard $25 gift card (“Gift Card”) provided generally to coolNYC participants and will not be eligible to receive any other Prizes described herein. Contestants must mail their entry to: ThinkEco, Inc., 494 8th Avenue, Floor PH, New York, NY 10001. Each envelope or postcard must contain no more than one (1) entry, which must indicate the date and name of the Promotion to be entered. The mail-in entry must include the contestant’s name, postal address, phone number, date of birth and e-mail address. Mail-in entries must be postmarked at least three (3) days prior to June 25, 2014 to help ensure timely receipt and entry into the Promotion. Confirmation of your mail-in entry will be mailed to you via e-mail. Any improperly submitted mail-in entries [i.e. any envelope or postcard containing more than one (1) entry or having an invalid or incomplete name and address] will be VOID.
COMPANY IS NOT RESPONSIBLE FOR MAIL-IN ENTRIES THAT ARE LOST, LATE, ILLEGIBLE, MISDIRECTED, DAMAGED, INCOMPLETE, INCORRECT OR RETURNED FOR INSUFFICIENT POSTAGE. IF YOU FAIL TO COMPLETE A MAIL-IN ENTRY FOR ANY REASON WHATSOEVER, YOU WILL NOT QUALIFY FOR THE GIFT CARD.
- HOW TO WIN/NOTIFICATION OF WINNERS. The Prize winners will be selected by a random drawing of all eligible contestants (based upon the number of entries) within five (5) days of each actual Expected Drawing Date, unless the Drawing is postpone because there has been no Event, in which case the Drawing will be aggregated with the next Drawing (with the Prizes increasing due to a combination of Drawings). Contestant eligibility and the number of entries for each Drawing will be determined by the Company in good faith according to the eligibility criteria set forth in these Rules. Prize winners in the Promotion may be notified via certified mail, telephone and/or email. The Company will make (3) attempts by email, two (2) attempts by telephone and one (1) attempt by certified mail to notify Prize winners. If the Company is unable to contact a prospective Prize winner using these methods then another winner may be chosen to replace that unreachable Prize winner. All Prizes awarded are subject to eligibility verification.
- IDENTIFICATION OF ENTRANTS. Contestants participation in the Promotion will be identified by the person under whose e-mail address the entry was registered, regardless of who actually submitted the entry. Be sure to use your own e-mail address when you register at www.mymodlet.com or by mail-in entry.
- ODDS OF WINNING PRIZE. The odds of winning the Promotion will vary according the number of eligible contestants and the number of entries in each Drawing at each Tier.
- UNCLAIMED PRIZES WILL NOT BE AWARDED. The Prize winner may be required to execute and return a notarized Affidavit of Eligibility and Liability/Publicity Release. Return of any Prize/Prize notification as undeliverable may result in forfeiture.
- LIMITED TIME ONLY/PROMOTION PERIOD. The Promotion commences on June 1, 2014 and ends on October 15, 2014.
- WINNERS LIST. To receive a list of winners, send a self addressed stamped envelope, together with the name of the Promotion, to: ThinkEco, Inc., 494 8th Avenue, Floor PH, New York, NY 10001.
- TAX INFORMATION. Federal, state and local taxes, and all similar fees and assessments, are the responsibility of the Prize winner. Company reserves the right to withhold taxes from the winning Prize, as appropriate.
- NO SUBSTITUTION OF PRIZES. No substitution or transfer of the Prize will be accommodated or permitted, other than at Company’s sole discretion.
- PUBLICATION. Acceptance of any Prize constitutes permission for Company to use winner’s name and likenesses for advertising and promotional purposes without further compensation, excluding residents of the State of Tennessee and where otherwise prohibited by law.
- RELEASE. By entering the Promotion, You agree to release and hold harmless the Company and its legal representatives, affiliates, subsidiaries, parents, agencies and their respective officers, directors, employees and agents from any and all liability for any injuries, loss or damage of any kind arising from, or in connection with, the Promotion or any Prize won. Restrictions, conditions, and limitations apply. By entering, You further agree that, in the event there is any conflict or other inconsistency between these Rules and any advertisements, promotional or marketing materials, e-mails, or announcements relevant to the Promotion, these Rules will govern.
- DISQUALIFICATION. The Company, its legal representatives, affiliates, subsidiaries, parents, agencies and their respective officers, directors, employees and agents, are not responsible for lost, interrupted or unavailable network server or other connections, miscommunications, failed telephone or computer transmissions or technical failure, lost e-mail entries, lost mail-in entries, jumbled, scrambled or misdirected transmissions, or other error of any kind, whether human, mechanical or electronic. Persons found tampering with or abusing any aspect of the Promotion, as solely determined by Company, will be disqualified. If disqualified for any of the above reasons, Company reserves the right to terminate contestant’s eligibility to participate in the Promotion. In the event that any portion of the Promotion is compromised by virus, bugs, non-authorized human intervention or other causes beyond the control of Company which, in the sole opinion of Company, corrupts, or impairs the administration, security, fairness or proper play of the Promotion, Company reserves the right, in its sole discretion, to suspend or terminate the Promotion or any part of the Promotion. The Company and its legal representatives, affiliates, subsidiaries, parents, agencies and their respective officers, directors, employees and agents are not responsible for any problem with entries generated by computer hardware or software malfunction, error or failure, whatever the cause. Company’s sole responsibility for any irregular entry is replacement with another entry. Potential winners may be required to provide the Company with proof that the potential winner is the authorized account holder of the e-mail address associated with the potential winning entry.
- LEGAL WARNING. Any attempt by any individual, whether or not a contestant, to damage, destroy, tamper with or vandalize the Registration Website, or otherwise interfere with the operation of the Promotion, is a violation of criminal and civil law and Company will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
CHOICE OF LAW/DISPUTE RESOLUTION/CLASS ACTION. These Rules shall be treated as though they were executed and performed in New York, NY, and these Rules and the Promotion shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Should a dispute arise concerning the Promotion, the terms and conditions of these Rules or the breach of same by any party hereto: (a) the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in New York, NY, in accordance with the then current Commercial Arbitration rules of the American Arbitration Association; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found here. We may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute, you can submit your dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties, in your county of residence, by filing a separate Demand for Arbitration, which is available here. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than our Final Settlement Offer, then we will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, we will reimburse any reasonable attorneys’ fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing contained herein shall be construed to preclude any party from: (a) seeking injunctive relief in order to protect its rights pending an outcome in arbitration; and/or (b) pursuing the matter in small claims court rather than arbitration. Although we may have a right to an award of attorneys’ fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous.
To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Company and/or its employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that Company incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (i) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (ii) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first submit an entry in connection with the Promotion.
- INDEMNIFICATION. You agree to release, indemnify and hold Company as well as its legal representatives, affiliates, subsidiaries, parents, agencies and their respective members, officers, directors, employees and agents, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees, costs and settlement costs), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of contestant’s: (a) use of the Promotion, the Product, the mymodlet.com website and/or any other Registration Website; (b) breach of these Rules; and/or (c) violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of Company and its legal representatives, affiliates, subsidiaries, parents, agencies and their respective members, officers, directors, employees and agents. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against You on its own behalf.