Memorial Day Sweepstakes Rules

Sweepstakes Rules/Compliance

OFFICIAL SWEEPSTAKES RULES

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

1. PROMOTION PERIOD:  The Orbit Energy & Power Memorial Day Sweepstakes (the “Sweepstakes”) is subject to the information in the chart below. All entries must be received during the Promotion Period (as defined below). Any entries received after the Promotion Period will not be considered. The Orbit’s website is the official time keeping device for this Sweepstakes.

Promotion Period: May 24th, 2021 12am Eastern Standard Time (EST) Zone until May 31st, 2021 11:59pm EST Zone.

Prizes Awarded: $1,500.00 for (1) First Place Winner. 70” TV for (1) Second Place Winner. $500 for (1) Third Place Winner.

Date Prize Winner Announced: June 11th, 2021

2. Eligibility Sweepstakes is only open to natural persons who are legal residents of the fifty (50) United States and District of Columbia (excluding Puerto Rico, all U.S. Territories and all overseas military installations) who are at least (18) years of age or older as of the date of entry. Subject to all applicable federal, state, and local laws and regulations. Void where prohibited or restricted by law. All applicable federal, state and local laws and regulations apply. Entrants must be a homeowner.

Employees of Orbit Energy & Power, LLC. (“Orbit”) and their respective subsidiaries and affiliated companies, divisions, officers, directors, agents, advertising and promotional agencies, as well as members of the immediate family of any such employees, are not eligible to participate or win. The term “immediate family” includes spouses, siblings, step-siblings, parents, step-parents, children, step-children, grandparents, and grandchildren, whether as “in-laws,” or by current or past marriage(s), remarriage(s), adoption, co-habitation or other family extension, and any other persons residing at the same household whether or not related.

3. YOUR PRIVACY. Entries are treated pursuant to Orbit’s Privacy Policy. See Privacy Policy at: https://www.orbitenergy.us/privacy-policy/.

4. HOW TO ENTER: There are two ways to enter:

Entry Method number 1. Complete a complimentary consultation or appointment with an Orbit Solar Energy Specialist after May 24th, 2021 and before May 31st, 2021 at 11:59pm.

AND/OR

Entry Method number 2. Switch to Solar Energy with Orbit after May 24th, 2021 and before May 31st, 2021, at 11:59pm.

AND/OR

Entry Method number 3. Refer others to Orbit and earn an entry when they complete a complimentary consultation or appointment with an Orbit Solar Energy Specialist after May 24th, 2021 and before May 31st, 2021, at 11:59pm.

5. Entry Restrictions.There is a maximum of one (1) entry per person during the Promotion Period, regardless of the method of entry. Entering more than once during the Promotion Period is prohibited and will not increase your chances of winning.

Entrants will receive one entry for completing a qualified solar energy consultation with an Orbit Solar Specialist during the Promotion Period. Qualified consultations are consultations that are presented to the owner(s) of the home, and where applicable, both owners must be present. Entrants will receive one additional entry if they agree to solar energy with Orbit within the Promotion Period.  Entrants will receive one additional entry for each referral who completes a qualified solar energy consultation with an Orbit Solar Specialist within the Promotion Period. Valid entries must contain all information required as described in Section 4 above. Incomplete, illegible and/or multiple entries that do not meet the qualifications stated above will be disqualified. Sweepstakes winner will be selected from our client management system, which will track consultations, appointments, agreements, and referrals. The Orbit will not verify receipt of entries. By entering, entrants unconditionally acknowledge compliance with and acceptance of these Official Rules, including eligibility requirements. Responsibility for receipt of entry rests solely with the entrant.

6. HOW AND WHEN WINNERS WILL BE DETERMINED:  One (1) First Place winner, One (1) Second Place winner, and One (1) Third Place winner will be selected in a random drawing conducted by the Orbit from among all eligible entries received by the end of the Promotion Period. Odds of winning depend upon the number of eligible entries. Winner agrees to be bound by these Official Rules and decisions of the Orbit, whose decisions are final on all matters relating to this Sweepstakes.

7. Prize(s) For First Place, a check in the amount of $1,500.00 will be delivered to the winner’s place of residence, paid directly to the winner. For Second Place, the winner will be contacted to arrange for pick-up (or delivery, as deemed necessary by the Orbit) of the 70” TV prize. For Third Place, a check in the amount of $500.00 will be delivered to the winner’s place of residence, paid directly to the winner. Prizes will be awarded directly to the winner; no other option will be available. Total approximate retail value of all prizes to be awarded in this Sweepstakes is $2,700.00. Any and all other expenses not specifically mentioned herein are the sole responsibility of winners. The Orbit reserves the right to substitute any portion of these prizes for a prize of equal or greater value. No transfer, assignment, change of the prize, or cash substitution is permitted. Each entrant has equal opportunity to earn entries, and each entry will have an equal chance of winning. Winner agrees to accept the Prize “as is”, and entrants hereby acknowledge that Sweepstakes Entities (as defined below) have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the prize, including, without limitation, to the prize’s quality, merchantability or fitness for a particular purpose or express warranties (if any) provided exclusively by a supplier that are sent along with the Prize. Orbit will not replace any lost or stolen Prize. If prize notification or Sweepstakes-related communication is lost, rejected, faulty, or returned as undeliverable, or if a winner cannot be contacted after a reasonable attempt has been made by Orbit (as determined by Orbit in its sole discretion) or is disqualified, the Orbit reserves the right to randomly choose an alternate potential winner, in its sole discretion. Unclaimed prize(s) will not be awarded. Other restrictions may apply. All federal, state, and local taxes on the prize are the sole responsibility of each winner.

8. Claiming Prize:Winner will be notified by telephone and/or email within three (3) business days after the Sweepstakes drawing and will be given three (3) business days to confirm receipt of notification. Sweepstakes Entities are not responsible for any change of email address and/or telephone number of entrants. If a winner cannot be contacted from the information provided, the Orbit reserves the right to select another potential winner at its sole discretion. If, for any reason, more bona fide winners come forward seeking to claim the prize in excess of the number of prizes set forth in these Official Sweepstakes Rules, the winners, or remaining winners, as the case may be, of the advertised prize may be selected in a random drawing from among all persons making purportedly valid claims for the prize. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances.

9. Release Form: Winner may be required to complete and return an Affidavit of Eligibility/Liability Release (including, where permitted, a Publicity Release) (the “Affidavit”) within seven (7) days of notification, and in any event before receiving the prize. Failure to return the executed Affidavit within that time may result in forfeiture of prize and random selection of alternate potential winner from remaining eligible entries.

10. Delivery Disclaimer: The Sweepstakes Entities disclaim all liability for the inability of an entrant to complete an entry due to equipment malfunction, busy lines, inadvertent disconnections, acts beyond their control, or otherwise. The Sweepstakes Entities disclaim all liability for any delays, mis-delivery, loss, or failure in the delivery of any item sent by electronic transmission, regular mail, or other delivery method. The Sweepstakes Entities are not responsible for typographical errors, human, mechanical, technical, electronic, communications, telephone, computer, hardware or software errors, malfunctions or failures of any kind, including: any form of active or passive filtering, insufficient space in entrant’s e-mail account to receive e-mail messages, failed, incomplete, garbled or delayed transmission of online entries, traffic congestion on telephone lines, the Internet, or on any website, or lost or unavailable network connections which may limit an online entrant’s ability to participate in the Sweepstakes, and any injury or damage to entrant’s or any other person’s computer related to or resulting from participating in or downloading any information necessary to participate in the Sweepstakes. No mechanically reproduced entries or facsimiles will be accepted. Entries void if incomplete, defective, altered, forged, illegible, or received outside authorized channels. Sweepstakes Entities reserve the right at its sole discretion, to disqualify any individual (and all of his or her entries, or any portion thereof) who tampers with the entry process. Orbit reserves the right, in its sole discretion to cancel or suspend this Sweepstakes should fraud, virus, bugs or other causes beyond the control of Orbit corrupt the administration, security or proper play of the Sweepstakes. In the event of cancellation, Sweepstakes Entities will determine winners in an equitable manner as determined by the Sweepstakes Entities in their sole discretion.

11. PUBLICITY; USE OF PERSONAL INFORMATION: By entering, except where prohibited, where allowed by law, all entrants and/or winners grant the Orbit and/or its agents exclusive permission to use their names, city and state of residence, biographical information, characters, photographs, voices, videotape, likenesses, and/or statements in connection with promotion of Orbit in any and all media now known or hereinafter invented, worldwide, without territorial or time limitations and waive any claims to compensation, notice, royalty, right, or remuneration for such use. By participating in the Sweepstakes, where allowed by law, entrants agree that the Orbit may use such information obtained from entrants in this Sweepstakes for marketing purposes, and may include the names of winners in a publicly available winners list. For more information on how the Orbit will use information collected in connection with this Sweepstakes, please see the Orbit’s privacy policy at https://www.orbitenergy.us/privacy-policy/. Winners of games and Sweepstakes may be asked to sign an affidavit allowing Orbit to use their submission, name, likeness, biographical information, photographs, voices, videotapes or characters in future Orbit promotional material.

12. Taxes:Any valuation of the prize stated above is based on available information provided to the Orbit, and the value of any prize awarded to a winner will be reported for tax purposes as required by law. Winner is solely responsible for reporting and paying any and all applicable taxes related to the prize and paying any expenses associated with any prize(s) which are not specifically provided for in the Official Rules. Winner may be asked to provide the Orbit with a completed IRS Form W-9 with valid identification and a valid taxpayer identification number or social security number after receipt of prizes. Any person winning over six hundred dollars ($600.00) in prizes which is paid directly to the person from the Orbit will receive an IRS form 1099 at the end of the calendar year and a copy of such form will be filed with the IRS.

13. Conduct and Decisions:By participating in the Sweepstakes, entrants agree to be bound by the decisions of Sweepstakes Entities. Persons who violate any rule, gain unfair advantage in participating in the Sweepstakes, or obtain winner status using fraudulent means will be disqualified. Unsportsmanlike, disruptive, annoying, harassing or threatening behavior is prohibited. The Orbit will interpret these rules and resolve any disputes, conflicting claims or ambiguities concerning the rules or the Sweepstakes and the Orbit’s decisions concerning such disputes shall be final. If the conduct or outcome of the Sweepstakes is affected by human error, any mechanical malfunctions or failures of any kind, intentional interference or any event beyond the control of the Orbit, the Orbit reserves the right to terminate this Sweepstakes, or make such other decisions regarding the outcome as the Orbit deems appropriate. All decisions will be made by the Orbit and are final. The Orbit may waive any of these rules in its sole discretion. Any attempt by an entrant or any other individual to deliberately alter, circumvent, disrupt, damage any website, or undermine the legitimate operation of this Sweepstakes is a violation of criminal and civil laws. Should such an attempt be made, the Orbit reserves the right to seek civil and/or criminal prosecution and/or damages from any such person to the fullest extent permitted by law.

14. Hold Harmless/Release:As a condition of entering, entrants agree (and agree to confirm in writing): (a) to hold harmless, defend and indemnify Orbit Energy & Power, LLC, and their respective subsidiaries and affiliated companies, divisions, parent companies, officers, directors, employees, agents and employees of agents, and advertising and public relations agencies and all others associated with the development and execution of the Sweepstakes (“Sweepstakes Entities”), from and against any and all claims, demands, liabilities, damages or causes of action, losses, costs or expenses with respect to or in any way arising out of or related to this Sweepstakes, entrants participation in the Sweepstakes, or the use of the entrant’s entry and the awarding, receipt, possession and/or use or misuse of any prize, including without limitation liability for any travel related to the Sweepstakes, death, personal injury, loss, and/or disability; (b) except to the extent prohibited by applicable law under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (c) all causes of action arising out of or connected with this Sweepstakes, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs and entrant further waives all rights to have damages multiplied or increased.

15. Miscellaneous: The Orbit may substitute prizes, as well as extend, modify, or discontinue the Sweepstakes at any time without prior notice. The Orbit disclaims any responsibility to notify entrants of any aspect related to the conduct of the Sweepstakes. The Orbit is not responsible for any typographical error in the printing of these Official Rules, administration of the Sweepstakes, or in the announcement of the Sweepstakes prize. All entries and information become property of the Orbit and will not be acknowledged or returned.

16. Winner List: For a winner list, where required by law, email a request to Orbit at [email protected].

17. Terms and Conditions: All terms and conditions are incorporated into the rules of this sweepstakes.

18. Jurisdiction:By entering, entrants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of the Orbit in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of New Jersey without giving effect to any choice of law or conflict of law rules and the United States of America applicable to contracts made and performed entirely in New Jersey and where the relevant contacts are with such state. By entering, entrants consent to the jurisdiction and venue of the federal, state, and local courts located in New Jersey.

19. Choice of Law: Any and all legal disputes and lawsuits between entrants and Sweepstakes Entities shall be governed by the laws of the state of New Jersey.

20. Sponsor & Administration: Orbit Energy & Power, LLC at 106 Mantua Blvd, Mantua NJ, 08051 is the sole Orbit. Orbit reserves the right to change or cancel the promotion at any time.