OFFICIAL CONTEST RULES FOR THE THINKECO ONE IS NEVER ENOUGH PROMOTION
The One is Never Enough Promotion (the â€œPromotionâ€) is sponsored by ThinkEco, Inc. (the â€œCompanyâ€). By entering the Promotion, you agree to comply with and be bound by the following Official Contest Rules (the â€œRulesâ€). Please review the Rules carefully. If you do not agree to the Rules in their entirety, you are not permitted to enter the Promotion.
1. NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT INCREASE THE ODDS OF WINNING.
2. PRIZES â€“ Twenty-Five (25) separate Modlets (each, a â€œPrizeâ€) will be awarded to twenty-five (25) people selected by the Company in a random drawing of all eligible contestants. The drawing will take place on January 8, 2013. Limit of one (1) Prize per person per household. Approximate retail value of all Prizes is $1123.75 US dollars (or $44.95 each).
3. ELIGIBILITY. The Promotion is open only to legal residents of the fifty (50) United States and the District of Columbia (excluding Rhode Island) who are eighteen (18) years of age or older and located in the United States and the District of Columbia (excluding Rhode Island) at the time of entry are eligible to enter the Promotion. The Promotion is void to all individuals in Rhode Island, Puerto Rico, the U.S. Virgin Islands, U.S. territories and possessions and all U.S. Military installations in foreign countries and where prohibited by law. Employees, officers and directors of 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 Prizes in the Promotion.Â
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., 148 Madison Avenue, 8th Floor, New York, NY 10016. Promotion void where prohibited. All federal, state and local laws, rules and regulations apply.
4. HOW TO ENTER. To be eligible for a Prize you MUST complete the following byJanuary 1, 2013:
VisitÂ www.mymodlet.com, register and set-up a new Modlet that you have purchased from ThinkEco or any other online or in-store retailer by following all of the applicable procedures set forth on the website. Product will be considered â€œset-upâ€ if it has actively communicated power data to the ThinkEco cloud system. NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT ENHANCE YOUR CHANCES OF WINNING. There is a limit of three (3) entries per person during the Promotion Period, as defined below. If more than three entries are submitted by a contestant in excess of this limitation, only three (3) entries will qualify for the Prize drawing. Any and all additional entries that are submitted by the same individual beyond this limitation will be discarded. Company reserves the right to reject any entries that it believes, in its sole and reasonable discretion, are fraudulent, incomplete or otherwise invalid. The Company will determine whether you have met the eligibility criteria described above based upon its systems used for detecting Product registrations and connectivity. Prize winners will be contacted via the e-mail address and phone number that the Company has on file in connection with that individualâ€™s registration atÂ 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, telemarketing and direct mail messages from Company. Confirmation of your entry will be e-mailed to the e-mail address provided during registration on the Registration Website. Entries will be accepted every day until 11:59pm on January 1, 2013.Â
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 FOR ANY REASON WHATSOEVER, YOU WILL NOT QUALIFY FOR THE PRIZE DRAWING.
5. MAIL-IN ENTRIES. As an alternative means of entry in the Promotion you may mail-in a letter or postcard to the Company with the title â€œOne is Never Enoughâ€. Only three (3) separate mail-in entries per person will be accepted during the Promotion Period. Contestants must mail their entry to: ThinkEco, Inc., 148 Madison Avenue, 8th Floor, New York, NY 10016. 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 contestantâ€™s name, postal address, phone number, date of birth and e-mail address. Mail-in entries must be postmarked at least five (5) days prior to January 1, 2013 to help ensure timely receipt and entry into the drawing. Confirmation of your entry will be mailed to you via e-mail. Your entry will be pooled with all other entries for the drawing. 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 PRIZE DRAWING.
6. HOW TO WIN/NOTIFICATION OF WINNERS. Twenty-Five (25) Prize winners will be selected by a random drawing of all eligible contestants on January 8, 2013, as such eligibility is determined by the Company in good faith according to the eligibility criteria set forth in these Rules. Prize winners in the Promotion will be notified via certified mail, telephone and/or email. The Company will make one (1) attempt by certified mail, two (2) attempts by telephone and three (3) attempts by email to notify Prize winners. If the Company is unable to contact a prospective Prize winner by January 22, 2013 using these methods then another winner will be chosen to replace that prospective Prize winner. All Prizes are subject to eligibility verification.
7. IDENTIFICATION OF ENTRANTS. Entries will be deemed made 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 atÂ www.mymodlet.comÂ or by mail-in entry.
9. ODDS OF WINNING PRIZE. The odds of winning the Promotion will vary according the number of eligible contestants.
10. UNCLAIMED PRIZES WILL NOT BE AWARDED. Prize winners will be required to execute and return a notarized Affidavit of Eligibility and Liability/Publicity Release within fourteen (14) days following attempted notification. Non-compliance within this time period may result in forfeiture of the applicable Prize. Winners will be required to provide picture proof of identification, which may include a driver’s license, passport, voting card or similar government issued identification. Return of any Prize/Prize notification as undeliverable may result in forfeiture.
11. LIMITED TIME ONLY/PROMOTION PERIOD. The â€œPromotion Periodâ€ commences on November 20, 2012 and ends on the earlier of: (a) the date when the twenty-five (25) Prize winners are selected and verified; or (b) February 1, 2013.
12. WINNERS LIST. To receive a list of winners, send a self addressed stamped envelope, together with the name of the Promotion, to: ThinkEco, Inc., 148 Madison Avenue, 8th Floor, New York, NY 10016.
13. 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 each winning Prize, as appropriate.
14. NO SUBSTITUTION OF PRIZES. No substitution or transfer of Prizes will be accommodated or permitted, other than at Company’s sole discretion.
15. 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.
16. RELEASE. By entering the Promotion, each contestant agrees 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, each contestant further agrees 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.
17. 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. Company, Con-Edison, their 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. Companyâ€™s sole responsibility for any irregular entry is replacement with another entry. If a potential winning entry is made by Internet or other computer entry, that potential winner may be required to provide Con-Edison with proof that the potential winner is the authorized account holder of the e-mail address associated with the potential winning entry.
18. 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.
19.Â CHOICE OF LAW/DISPUTE RESOLUTION/CLASS ACTION.Â 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 foundÂ here. We may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (â€œFinal Settlement Offerâ€). 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 availableÂ here.Â 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 attorneysâ€™ 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 attorneysâ€™ 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 attorneyâ€™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.
20. INDEMNIFICATION. Each contestant agrees 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 attorneysâ€™ fees, costs and settlement costs), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of contestantâ€™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.