2015 Q4 iPad Skills Contest Terms and Conditions
This document sets forth the general terms and conditions (the “Terms and Conditions”) which apply to participation in the Sunrun Inc. (“Sunrun”) 2015 Q4 iPad Skills Contest Guidelines (the “Q4 iPad Contest”). Participation in the Q4 iPad Contest is considered acceptance of these Terms and Conditions. The Q4 iPad Contest shall only be valid during the Promotional Period, which runs from October 1, 2015, to December 31, 2015.
Sunrun reserves the right to both change these Terms and Conditions from time to time and/or to terminate the Q4 iPad Contest at any time and without prior notice. As such, Participants (as defined below) should check these Terms and Conditions from time to time for changes. The failure by Sunrun to enforce any provision of these Terms and Conditions shall not constitute a waiver of that provision.
PROMOTIONAL PERIOD: The contest shall run from October 1, 2015, to December 31, 2015, and shall expire at 11:59 p.m. on December 31, 2015.
PARTICIPANT ELIGIBILITY REQUIREMENTS: The Q4 iPad Contest is open to all employees of Sunrun or its subsidiaries who (i) are not compensated through an incentive-based compensation plan, (ii) who submit the First Name, Last Name and Phone Number (“Required Information”) of an individual (the “Referee”) directly to https://sunrun.getambassador.com/login/ during the Promotional Period prior to either the date the Referee first contacts Sunrun to discuss a quotation for service, or the date the Referee is first contacted by a Sunrun representative, and (iii) who submit the highest number of Qualified Referees (defined below) (a “Participant”) during the Promotional Period. Required Information submitted through alternate channels will not be counted in determining who has met the criteria for being awarded a Prize (as defined below). No fee is required for entry into the Q4 iPad Contest.
To be counted in determining which Participant has submitted the most Referees, a Referee may not have been referred to Sunrun previously, as reflected in Sunrun’s records. If a Referee is referred by multiple Participants, the first Participant to submit the Required Information, based on the date and time of the submission (as determined by Sunrun in its sole discretion) shall be the only Participant to have such Referee count toward determining whether the Participant has won a Prize.
A Participant’s time of entry into the Q4 iPad Contest will be determined by Sunrun in its sole discretion.
BREAKING A TIE: In the event of a tie, the Participants who have tied will be asked to submit additional Qualified Referees in a ten (10) day period to be determined by Sunrun in its sole discretion. The first Participant to submit the requested number of Qualified Referees shall receive a Prize.
REFEREE ELIGIBILITY REQUIREMENTS: To be considered a Qualified Referee, an individual must (i) live within a state that Sunrun services; (ii) own his or her residence; and (iii) schedule and complete an initial consultation within the Promotional Period; and otherwise meet Sunrun’s eligibility requirements for becoming a Sunrun customer (the “Eligibility Requirements”).
A Participant may not refer someone who lives in the same household as the Participant, provided, however, that a Participant may refer himself or herself or someone in his or her household if the Participant has multiple homes and has not previously submitted information for home(s) not subject to a Customer Agreement with Sunrun (“Second Home Referee”). Participants who submit Second Home Referees will be eligible to receive a Prize only with respect to the Second Home Referee’s residence as of the date of the referral.
Participants shall be judged by members of the Sunrun Marketing team based on the foregoing Eligibility Requirements for Qualified Referees.
PRIZES: The 25 Participants who refer the most Qualified Referees during the Promotional Period shall receive a 16GB iPad® Mini with Wi-Fi in Space Gray valued at approximately $200.00 (the “Prize”). Participant winners shall receive Prizes within ninety (90) days from the end of the Promotional Period.
This Q4 iPad Contest is offered solely by Sunrun. No sponsorship, endorsement, approval or responsibility for this Q4 iPad Contest by Apple® Inc. is intended or implied. “iPad” is a registered trademark of Apple® Inc.
A list of winners can be obtained after January 15, 2016, by writing:
Attn: Marketing Department
595 Market St. 29th Floor
San Francisco, CA 94105.
Participants are solely responsible for reporting such items on their tax returns and paying any associated tax liability. If Sunrun’s delivery of a Prize will require Sunrun to issue Participant a 1099, Sunrun’s obligation to make the Prize shall be conditioned upon receipt from Participant of any required tax documentation necessary to issue the 1099.
NOT A LICENSE: Sunrun acknowledges and agrees that it has no interest in Apple® Inc.’s Trademarks and that Apple® Inc. will remain the sole and exclusive owner of all right, title and interest in Apple® Inc.’s Trademarks. Sunrun acknowledges and agrees that any good will resulting from Sunrun’s use will inure solely to the benefit of Apple® Inc. and will not create any right, title or interest for Sunrun.
DISCLAIMER AND LIMIT OF LIABILITY: SUNRUN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING ANY PRIZE OR ANY PARTICIPANT’S PARTICIPATION IN THE Q4 IPAD CONTEST, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. ALL PRIZES ARE PROVIDED “AS-IS.” NEITHER SUNRUN NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES (THE “SUNRUN PARTIES”) SHALL BE RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, COST, OR INJURY THAT ARISES FROM OR RELATES TO PARTICIPATION IN THE Q4 IPAD CONTEST, OR USE OF ANY PRIZE, INCLUDING BUT NOT LIMITED TO: (I) LATE, LOST, DELAYED, DAMAGED, MISDIRECTED, INCOMPLETE, OR UNINTELLIGIBLE ENTRIES; (II) TELEPHONE, ELECTRONIC, HARDWARE OR SOFTWARE PROGRAM, NETWORK, INTERNET, OR COMPUTER MALFUNCTIONS, FAILURES, VIRUSES OR DIFFICULTIES OF ANY KIND; (III) FAILED, INCOMPLETE, GARBLED, OR DELAYED COMPUTER TRANSMISSIONS; (IV) THE USE OR DOWNLOADING OF ANY SOFTWARE OR MATERIAL IN CONNECTION WITH THIS Q4 IPAD CONTEST; (V) TYPOGRAPHICAL OR OTHER ERROR IN THE PRINTING OF THE Q4 IPAD CONTEST, ADMINISTRATION OF THE Q4 IPAD CONTEST, OR IN THE ANNOUNCEMENT OF ANY PRIZE; (VI) ANY OTHER CONDITION THAT MAY CAUSE THE Q4 IPAD CONTEST TO BE DISRUPTED OR CORRUPTED; AND (VII) ANY PERSONAL INJURY, DEATH, OR DAMAGE TO PROPERTY THAT MAY RESULT FROM RECEIPT OR USE OF A PRIZE.
SUNRUN RESERVES THE RIGHT, IN ITS SOLE DISCRETION AND WITHOUT PRIOR NOTICE, TO SUSPEND OR CANCEL THE Q4 IPAD CONTEST, ALTER THE RULES OR CANCEL OR SUBSTITUTE ANY OF THE PRIZES FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, IF AT ANY TIME A COMPUTER VIRUS, TECHNICAL PROBLEM, OR OTHER UNFORESEEABLE OR UNCONTROLLABLE EVENT ALTERS OR CORRUPTS THE ADMINISTRATION OF THE Q4 IPAD CONTEST, OR THE AWARDING OR USE OF ANY PRIZE.
IN NO EVENT SHALL SUNRUN OR ANY SUNRUN PARTIES BE LIABLE TO PARTICIPANT, REFEREE, OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHETHER ARISING UNDER CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR ANY OTHER THEORY OF LIABILITY EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES OR CERTAIN LIMITATIONS OF LIABILITY, THEREFORE, CERTAIN OF THE FOREGOING DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU.
RELEASE: BY PARTICIPATING IN THE Q4 IPAD CONTEST, EACH PARTICIPANT AND EACH REFEREE RELEASES AND AGREES TO HOLD HARMLESS SUNRUN AND ALL SUNRUN PARTIES FROM ANY LIABILITY WHATSOEVER FOR ANY CLAIMS, COSTS, LOSSES, OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, THOSE RELATED TO PERSONAL INJURY, DEATH, DAMAGE TO PROPERTY, INFRINGEMENT OF PROPRIETARY RIGHTS, RIGHTS OF PUBLICITY OR PRIVACY OR DEFAMATION) ARISING OUT OF OR IN CONNECTION WITH: (I) PARTICIPATING IN THE Q4 IPAD CONTEST; (II) ACCEPTANCE OR USE OF ANY PRIZE; AND (III) OTHERWISE ARISING OUT OF OR RELATING TO THE Q4 IPAD CONTEST.
GENERAL: Sunrun reserves the right to cancel the eligibility of any Participant or Referee who engages in any fraudulent activity or uses the Q4 iPad Contest in a matter inconsistent with these Terms and Conditions, or applicable laws, statutes or ordinances. Sunrun is not responsible for any incorrect or inaccurate information supplied by Participants. By submitting an individual as a Referee, a Participant represents that he or she believes that the Referee would benefit from receiving information about Sunrun and its products and services. No “spamming” is permitted. If Sunrun believes, in its sole discretion, that a Participant has engaged in fraudulent activity or is “spamming” email accounts or addresses, Sunrun reserves the right to recover any payments made to such Participant.
The Q4 iPad Contest and these Terms and Conditions are void where any aspect of the Q4 iPad Contest is prohibited or otherwise restricted by law or where registration, bonding, local judging or translation is required. The Q4 iPad Contest is subject to all national, state, and local laws including applicable tax codes.
Sunrun shall not be liable for any failure of or delay in relation to the Q4 iPad Contest for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes or labor disputes, embargoes, government orders or any other force majeure event.
The section headings contained in these Terms and Conditions are for reference only and shall not in any way affect the meaning or interpretation of these Terms and Conditions.
ARBITRATION: By participating in the Q4 iPad Contest, Participant agrees to resolve any disputes arising from the Q4 iPad Contest or related to these Terms and Conditions through binding arbitration governed by the Federal Arbitration Act (“FAA”). The arbitration will be conducted under the rules of JAMS that are in effect at the time of the Q4 iPad Contest. If there is a conflict between the applicable JAMS Rules and the within Terms and Conditions, the Terms and Conditions will govern.
ARBITRATION MEANS THAT PARTICIPANT WAIVES HIS OR HER RIGHT TO A JURY TRIAL. ARBITRATION MUST BE CONDUCTED ON AN INDIVIDUAL BASIS. AS A RESULT, NEITHER PARTICIPANT NOR SUNRUN MAY (I) JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER CUSTOMERS; (II) LITIGATE IN COURT A CLASS ACTION OR OTHER LAW SUIT; OR (III) ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
CHOICE OF LAW: The laws of the State of California govern these Terms and Conditions. Should there be a conflict between the laws of the State of California and any other laws, the conflict will be resolved in favor of the laws of the State of California.