Official Rules NO PURCHASE NECESSARY. PURCHASE WILL NOT IMPROVE CHANCES OF WINNING. Internet Access And Valid Email Account Necessary For Participation. This promotion is in no way sponsored, endorsed or administered by, or associated with Facebook.
1. ELIGIBILITY: The NABCEP Scholarship Giveaway (“Promotion” or “Giveaway”) is only open and offered to legal residents of the 50 United States and Canada including the District of Columbia and excluding Quebec, Canada who are at least 21 years of age or the age of majority in their jurisdiction of residence (whichever is older) at time of entry. Employees, officers and directors of Enphase Energy, Inc. (“Enphase” or “Sponsor”), and any of its, parent or subsidiary companies, and advertising and promotion agencies, and members of their immediate families (spouses, parents, children, and siblings and their spouses) and/or those living in the same household of and said employee, officer or director (whether or not related) are not eligible to participate. By participating, you agree to these Official Rules and the decisions of the Sponsor, which are final and binding in all respects. Void where prohibited by law.
2. PROMOTION PERIOD: The Giveaway begins on or about March 9, 2015 at 12:00:01 a.m. and ends on March 25, 2015 at 11:59:59 p.m. (“Giveaway Period”). A day begins at 12:00:01 a.m. and ends the following 11:59:59 p.m. All times are Pacific Summer Time (PST). The Promotion computer is the official timekeeping device for the Promotion.
3. TO PARTICIPATE IN THE GIVEAWAY:
(A) To Enter: Access www.facebook.com/EnphaseEnergy or enphase.com/eblog/2014/nabcep-scholarship-giveaway (“Web site”) and register for the Giveaway (“Entrant”) by posting a video, photo or written entry on the Enphase Energy Facebook page that describes either 1) how obtaining a NABCEP Entry Level certificate would help fast track your career; (or) 2) how obtaining a NABCEP Entry Level certificate would help your business (“Entry Content”). Entries can also be emailed to socialmedia@enphaseenergy.com. Enphase will verify your full name, mailing address, zip code, email address, and date of birth before awarding the final prize. As part of the Giveaway registration, you must affirmatively confirm that you have read, understand and agree to these Official Rules by clicking on the check box provided. By posting your Entry Content on the Enphase Energy Facebook page and you will receive one (1) entry into the Giveaway when your Entry Content is received and recorded by the Promotion computer, provided your Entry Content complies with these Official Rules (“Entry”).
(B) Entry Content Parameters: The Entry Content (i) must be the original and sole creation of the Entrant and all right, title and interest, including but not limited to the copyright in the video or photo (if any) must be owned solely by the submitting Entrant, (ii) may not have been submitted in any other competition, (iii) may not infringe upon any third party’s rights, including but not limited to copyright, patent or trademarks/tradenames/logos, or rights of privacy or publicity, or contain material that is or may be considered defamatory, slanderous or libelous, or portray or depict any person, product or entity in a false light, (iv) does not violate any fiduciary relationship or violate any agreement you may have, (v) must be accurate in all respects, (v) may not violate any law, rule or regulation, (vi) may not contain any virus, bugs, or other deleterious material, and (vii) may not for example but not limited to, contain or depict profanity, words or symbols widely considered offensive to individuals of any certain race, ethnicity, religious, sexual orientation or socioeconomic groups, threats to any person, place, business, group or world peace; and each Entrant warrants and represents that his/her Entry Content complies with all of those conditions. The Entry Content cannot contain, among other things, the trademark, trade name or logo of any third party or entity or third party product, cannot name, depict, or describe any person (living, dead, or fictional) and cannot merely describe or mis-describe the Sponsor’s product or any feature of that product, as solely determined by Sponsor. Any non-complying Entry Content with any of the above will be subject to disqualification. By entering, each Entrant grants permission, and a non-exclusive perpetual royalty-free worldwide license, for the use of his/her Entry Content, and his/her screen name and city/state, to be posted on the Internet and Web site or any web site in connection with this Promotion, and the advertising, promotion, and publicity of the Promotion, and otherwise, as stated in these Official Rules (as solely determined by Sponsor); and each Entrant warrants and represents that he/she has all right and authority to grant such permission and license. Notwithstanding anything to the contrary, however, there is no obligation of the Sponsor or any other person or entity to post or make any use of the Entry Content of any particular entrant, or of any entrant.
(C) Third Party/Other Entrant/ Previously Considered Entries: By submitting an Entry, Entrant acknowledges that other entrants may submit the same or similar Entry Content from a third party independent of this Giveaway. Entrant (i) agrees that neither Sponsor nor any other party related to this Giveaway shall have any responsibility or liability for any such submission in this Giveaway or from a third party, and (ii) waives any claims or damages of any kind or nature whatsoever, including but not limited to, direct, indirect, incidental, consequential or punitive damages, should Sponsor pursue, in any manner any such submission in this Giveaway or from a third party. (E) Conditions of Entry: Once submitted, video, photos and written entries become the sole property of Sponsor and will not be acknowledged or returned. There is a limit of one (1) entry per Entrant for the entire Promotion. Once received by the Sponsor an entry cannot be changed, altered or modified. Multiple Entries, in excess of the stated limitations by an Entrant using any method will result in disqualification of all Names by such Entrant. Notwithstanding anything to the contrary, Sponsor reserves the right to disqualify any Entry that Sponsor, in its sole opinion, deems inappropriate for publication. Entries must be received and recorded by the Promotion computer during the Giveaway Period. Questions concerning the Promotion will not be acknowledged or responded to. Entries that do not conform to these Official Rules or are submitted in any manner other than as stated in these Official Rules will be disqualified.
4. WINNER DETERMINATION/NOTIFICATION: Judging – Each eligible Entry received and recorded by Sponsor’s Promotion computer from qualified Entrants will be voted on by members of the Enphase team. The voting period of the Giveaway begins on or about March 9, 2015 at 12:00:01 a.m. and ends on March 25, 2015 at 11:59:59 p.m. The potential winner will be notified by mail, overnight mail, email or in such other manner as determined by Sponsor on or about March 27, 2015. Winning of the scholarship is contingent upon verification and compliance with these Official Rules.
5. PRIZE/VALUE: One (1) Giveaway: One NABCEP Entry Level Online Course, (3) NABCEP Training Books and One Online NABCEP Entry Level exam valued at $1,500. Approximate Retail Value (“ARV”) $1,500. Giveaway Restrictions: Expenses not stated are solely the responsibility of the winner. No substitution, cash redemption or transfer of giveaway allowed. If potential winner cannot accept a prize as stated, the prize will be forfeited in its entirety and awarded to an alternate winner, specifically, the Entrant who achieved the next highest score. Potential winner may be required to complete, sign, and return an Affidavit of Eligibility, a Liability Release, and, where lawful, a Publicity Release, within seven (7) days of date stated on notification. If documents are not returned timely, or if any notification or prize is returned as non-deliverable, or if a potential winner of any prize is found to be ineligible or not in compliance with these Official Rules, such prize may be forfeited and awarded to an alternate winner, specifically, the Entrant who achieved the next highest score. Taxes, if any, are the sole responsibility of the prize winner. Winning the Giveaway does not guarantee that the Potential winner will pass the NABCEP Entry Level exam.
6. GENERAL CONDITIONS: By participating, each Entrant agrees to release, indemnify and hold harmless Facebook, Sponsor, the Giveaway judges, their respective parent, subsidiary, affiliated and successor companies, advertising and promotion agencies and each of their respective officers, directors, agents, representatives and employees, as well as each of their respective successors and assigns (collectively and individually, “Releasees”) from any and all actions, claims, injury, loss or damage (whether due to negligence or otherwise) to person(s), including death, or property, or due to breach or failure of any representation or warranty, or infringement upon any third party’s rights, arising in any manner, directly or indirectly, in whole or in part from participation in this Promotion or any Promotion-related activity, or the possession, misuse or use of the prize. By accepting a prize, Giveaway winner consents (and agrees to confirm that consent in writing upon request) to Sponsor and those acting pursuant to the authority of Sponsor, the right, in perpetuity, to the use of winner’s name, photograph, picture, voice, likeness and Name (and notwithstanding anything to the contrary in these Official Rules, grants a non-exclusive perpetual world-wide royalty-free license for the use of the Entry Content, which may be edited, modified, altered, changed, used alone, together, or with other works, or content and/or used in composite form, with or without comment or commentary, all as solely determined by Sponsor) at any time or times in all media now known or hereafter discovered or devised, worldwide, including on the Internet and World Wide Web, for advertising, commercial, trade and promotional purposes, without additional compensation unless prohibited by law, and without notice, review or approval. The Giveaway Grand Prize winner irrevocably sells, assigns and transfers to Sponsor all right, title and interest in and to winner’s Entry Content, including but not limited to all copyright and trademark rights, and waives all moral rights in favor of Sponsor, which winner may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. Upon request of Sponsor, the Giveaway Grand Prize winner shall execute and deliver such additional instrument of sale, transfer and assignment, as may be solely deemed by Sponsor, reasonably necessary to establish the ownership of record of the right, title and interest in and to the Entry Content and of the copyrights, and trademarks transferred, and all moral rights waived. Should Sponsor fail to request the said additional instrument of sale, transfer and assignment and moral right waiver as stated, that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request that instrument, and the stated winner agrees to honor and comply with such request.
7. LIMITATIONS OF LIABILITY: Releasees are not responsible for illegible, lost, late, incomplete, stolen, misdirected, postage due or undeliverable mail, Name, entries or email; or for any computer, program/programming, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability, or garbled, corrupt or jumbled transmissions, service provider/Internet/Web site/use net accessibility, availability, or traffic congestion, or any technical error, malfunction, defect or error, whether human or technical or programming in nature, or unauthorized human intervention, or the incorrect or inaccurate capture of registration information, Name, or other information or the failure to capture, or loss of, any such information. Releasees are not responsible for loss of data, corruption, inability to access the Web site any hardware, software or application issue preventing the collection or retrieval of data used to administer the Giveaway, and further, are not responsible for any incorrect or inaccurate information, whether caused by Web site users, tampering, hacking, or by any of the equipment or program/programming associated with or utilized in the Promotion. The right is reserved by Sponsor, at its sole discretion, to disqualify any individual found, at its sole discretion, to be tampering with the operation of the Promotion or any website, to be acting in violation of these Official Rules; or to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any use of robotic, automatic, macro, third party or like methods to participate in the Promotion will void any attempted participation effected by such methods and disqualification of participant utilizing same. Releasees are not responsible for injury or damage to participant’s or to any other person’s computer related to or resulting from participating in this Promotion or downloading materials from the Web site, or use of any website. If, for any reason, the Promotion, in the sole opinion of Sponsor, is not capable of running as planned by reason of, but not limited to, infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which Sponsor, in its sole opinion, deems could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion and/or proceed with the Promotion in a manner deemed by Sponsor in its sole discretion to be fair, appropriate and consistent with the spirit of these Official Rules. Notice of such action by Sponsor will be posted at the Enphase Facebook page (www.facebook.com/EnphaseEnergy). In case of dispute, the authorized account holder of the Facebook account or email address used to participate in the Promotion at the actual time of participation will be deemed to be the participant, and must comply with these Official Rules. The authorized account holder is deemed to be the natural person who is assigned a Facebook account by Facebook.
8. PRIVACY INFORMATION: Except as otherwise set forth herein, the information provided will be subject to the Sponsor’s Privacy Policy available at http://www.enphase.com/privacy/index.cfm. To read the Privacy Policy, access http://www.enphase.com and click on the Privacy Policy link at the bottom of the web page.
9. DISPUTE RESOLUTION/CHOICE OF LAW: Except where prohibited, each Entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court or the appropriate State Court located in San Francisco, California (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Promotion, but in no event attorneys’ fees; and (3) under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other 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 participant and Releasees in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of California without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
10. WINNERS LIST: To receive a Winners List, mail a self-addressed stamped envelope to: NABCEP Scholarship Giveaway, Winners List, 1420 North McDowell Boulevard, Petaluma, California, 94954 for receipt by July 30, 2015. Further, Prize winners may be recognized within the discussion thread for the Giveaway on the Enphase Facebook page and/or other promotional materials created by Enphase.
Sponsored by: Enphase Energy, Inc. 1420 North McDowell Boulevard, Petaluma, CA 94954
