NO PURCHASE NECESSARY TO PARTICIPATE. ALL FEDERAL, STATE, AND LOCAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.
These official rules (the “Official Rules”) shall govern the voting process (the “Process”) for the NRG Gives Charitable Contribution Program (the “Program”). The Process in connection with the charitable awards (first award: $100,000 charitable contribution, second award: $10,000 charitable contribution, and third award: $5,000 charitable contribution) begins at 9:00 AM Eastern Standard Time (“EST”) on May 8, 2017, and ends at 11:59 PM EST on May 19, 2017 (the “Process Period”). The Program and this Process are sponsored and administered by Reliant Energy Northeast LLC d/b/a NRG Home, 3711 Market Street, Suite 1000, Philadelphia, PA 19104 (“NRG Home”). All awards are made by the NRG Retail Charitable Foundation, 1201 Fannin St., Houston, TX 77002-6929 (the “Foundation”), in its sole discretion.
By participating in the Process, each voter agrees to be bound by the terms of these Official Rules. NRG Home and the Foundation are not responsible for late, incomplete, void, corrupted, misdirected, or otherwise erroneous votes or for any problems, malfunctions or technical difficulties that arise in the Process. Any incomplete votes will be void. Proof of vote will not be deemed to be proof of receipt by NRG Home. All votes submitted in compliance with these Official Rules and not disqualified are considered “eligible votes.”
You may vote as follows:
To vote, during the Process Period, each participant should visit the NRG Gives voting modal located at nrghomepower.com and choose one (1) charity from among the three (3) charities listed on the site and click on it to submit a vote for that charity to receive the largest donation from the Program. Each click for a charity is considered an individual vote for that charity.
Prior to the Process Period, the Foundation will nominate three charities in its sole discretion for award consideration. Selected charities must be IRS 501(c)3) tax-exmpt organizations with charitable operations in Pennsylvania, committed to using at least 85% of the donation amount to support program activities. Additional eligibility restrictions apply and are determined in the sole discretion of NRG Home and the Foundation.
At the end of the Process Period, each eligible vote received during the Process Period will be tallied to determine which charity received the highest number of votes, which the second highest and which the third highest. To be valid, votes submitted during the Process Period must be received by NRG Home during the Process Period.
At the end of the Process Period, each of the three (3) charitable organizations, respectively, will receive the level of donation that corresponds with the total number of votes they received. Each of these three organizations will be notified of their donation amount via email or phone on or after May 22, 2017.
The decisions of NRG Home and the Foundation, including the selection of the three winning charities, are final and binding on all matters relating to this Process. Odds of winning depend on the total number of eligible votes received during the Process Period.
At approximately 11:00 AM EST on May 22, 2017, the charitable organization with the highest number of votes from all eligible votes received during the Process Period will be chosen to receive $100,000 from the Program.
At approximately 11:00 AM EST on May 22, 2017, the charitable organization with the second highest number of votes from all eligible votes received during the Process Period will be chosen to receive $10,000 from the Program.
At approximately 11:00 AM EST on May 22, 2017, the charitable organization with the third highest number of votes from all eligible votes received during the Process Period will be chosen to receive $5,000 from the Program.
In the event of a tie, the ultimate decision as to which charity will receive which level of donation, and all other matters related to the Process and Program, are left to the Foundation, in its sole discretion.
The three (3) charitable organizations will be notified of their selection and corresponding contribution amount by NRG Home in the following way:
A member of the NRG Gives Program committee will contact a previously identified person at each organization via email or phone.
The total approximate value of all donations awarded in the Program is $115,000. A donation may not be substituted, pledged or transferred by a selected organization in a manner inconsistent with its charitable purpose. The Foundation reserves the right, in its sole discretion, to substitute a donation of equal or greater value.
The Process is open to individuals who are, as of May 8, 2017, (a) U.S. citizens or U.S. legal residents; and (b) at least eighteen (18) years of age.
By participating in the Process, participant agrees to these Official Rules and to be bound by the decisions of NRG Home and the Foundation. In addition, by participating in the Process, each participant agrees to release, defend, hold harmless and indemnify NRG Home, the Foundation and their respective parents, subsidiaries, affiliates, contractors, directors, officers, governors, employees and agents against any and all liability, damages or causes of action (however named or described), with respect to or arising out of any injuries, losses, or damages of any kind arising out of the Process and/or caused by the acceptance, possession, use or misuse of a donation awarded in the Program, including but not limited to any claims for damage to property, personal injury, death or claims based on defamation, rights of privacy, rights of publicity or merchandise delivery. (See exception for NJ residents in Section 8 below).
NRG Home and the Foundation shall not be liable to any selected organization (or any person acting or claiming on behalf of a selected organization) for failure to supply a donation or any part thereof, for any reason out of NRG Home and/or the Foundation’s reasonable control, including without limitation, any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, game cancellation, insurrection or riot.
Voters participate in the Process at their own risk. NRG Home and the Foundation shall not be liable to any entrant for damages arising out of (i) any printing or typographical errors in these Official Rules or any other materials associated with the Process or Program; (ii) any errors in the administration of the Process, including, without limitation, the processing of votes; or (iii) any voting irregularities or vote tampering by participants in the Process. NRG Home and the Foundation are not responsible for and shall not be liable for any condition caused by events beyond its control that may cause the Process to be disrupted.
Acceptance of a donation by an organization constitutes the grant by that organization to NRG Home, the Foundation, and their successors, agents and assigns a perpetual, non-revocable right to: (i) use that organization’s name and/or logos, and (ii) take photographs and/or video of that organization and/or its people and to make originals and copies of, and to copyright and use, same, for purposes of advertising and promoting the Program through other media outlets (television, radio, online) without further compensation, except where prohibited.
NRG Home and the Foundation reserve the right, in their discretion, to amend, change, cancel or suspend the Process and/or Program (or any portion of the Process and/or Program) at any time and for any reason and randomly award the donations identified above from among eligible organizations at the time of such action, should a virus, bugs, malicious tampering or other causes beyond their control corrupt the administration of proper execution of the Process.
NRG Home and the Foundation reserve the right to disqualify from the Program any organization or individual found or suspected to be: 1) tampering with the Process or the operation of the Process, or 2) acting in violation of these Official Rules. Any attempt by an organization or individual to undermine the legitimate operation of the Process may be in violation of criminal and civil laws, and NRG Home and the Foundation reserve the right to seek damages from any such entrant to the fullest extent permitted by law.
NRG Home and the Foundation reserve the right to amend or change the Official Rules at any time. Amendments will be posted on NRG Home’s website. By participating in the Process, each participant consents to be bound by any and all amendments that may be made.
8. CHOICE OF LAW:
Under no circumstances will a participant in the Process be permitted to obtain awards for, and each participant hereby waives all rights to claim, punitive, incidental or consequential damages, even if NRG Home is notified of the possibility of same in advance, or any other damages, including attorneys' fees, other than participant’s actual out-of-pocket expenses (i.e., costs associated with participating in the Process), and each participant further waives all rights to have damages multiplied or increased. The preceding sentence does not apply to residents of New Jersey, who waive only the right to claim incidental or consequential damages by participating. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of participating organizations and individuals and NRG Home in connection with the Process and Program, shall be governed by, and construed in accordance with, the substantive laws of the Commonwealth of Pennsylvania, without regard to Pennsylvania’s choice of law rules. All proceedings shall take place in Philadelphia County, Pennsylvania.