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Every Kilowatt Counts Summer Sweepstakes Contest – Full Contest Rules

THE EVERY KILOWATT COUNTS SUMMER SWEEPSTAKES CONTEST RULES


Introduction

  1. The Every Kilowatt Counts Summer Sweepstakes (the “Contest”) is a program designed to encourage
    residential electricity consumers to reduce electricity consumption.
  2. The goal of the Contest is to increase energy conservation awareness while providing participants with a
    chance to win prizes for saving 10% on their energy consumption (in accordance with the terms outlined
    herein). The 10% savings must (i) occur during the two peak months of July and August 2008, (ii) be in
    accordance with the Ontario Power Authority’s (“OPA”) policies and procedures relating to how the
    savings is calculated and (iii) be determined by using OPA designed methodology to make such
    determination. For more information, see the “How the 10% Reduction will be Calculated” section herein
    or visit www.everykilowattcounts.com/sweepstakes.
  3. The Contest will be administered by The Fulfillment Solutions Advantage Inc. (“CMF”). No purchase
    necessary.


How To Enter

  1. To enter the Contest, during the period beginning May 1, 2008 and ending on July 15, 2008 (the “Contest
    Closing Date”):
    1. visit the following website address: www.everykilowattcounts.com/sweepstakes and complete the
      entry ballot by filling in the requested information: account holder name, billing and premise (if
      required) address, telephone number, email address, postal code, name of participating local
      distribution company (e.g. Hydro Ottawa) (“LDC”) and LDC account number (the “Requested
      Information”) and then clicking on the box containing the word “Submit”; or
    2. call the Contest call center between the hours of 8:00 a.m. and 8:00 p.m. Monday to Saturday
      Eastern Standard Time (“EST”) at 1-800-322-7417 and provide the Requested Information. The
      toll free number is available within Ontario only.
  2. All entries must be received no later than 11:59 p.m. EST in the event of an on-line entry and 7:59 p.m.
    EST in the event of a call-in entry, each on the Contest Closing Date. Entries which are incomplete, late,
    lost, irregular in any way or sent by an unauthorized method are void and will not be eligible or accepted at
    the time of the draw.
  3. Entries will only be accepted on-line at www.everykilowattcounts.com/sweepstakes and through the
    Contest call center as described above. Entries will not be accepted by any other means, including, but not
    limited to, regular postal mail.
  4. For a list of participating LDCs see www.everykilowattcounts.com/sweepstakes or call the Contest call
    centre at 1-800-322-7417.


Eligibility

  1. The Contest encompasses two forms of eligibility, Early Bird Eligibility and Grand Prize(s) Eligibility:
    1. Early Bird Eligibility requirements are as follows:
      1. residents of Ontario who have reached the age of majority as of the date of entry but excluding employees, representatives and agents of the OPA, the applicable LDC and the CMF and each of their affiliated companies and members of the respective immediate families of such employees, representatives and agents, and all persons with whom they are domiciled;
      2. active account holders at the same address since July 1, 2007 in the name of at least one account holder at such address;
      3. account holders of record with a participating LDC;
      4. residential customers (excluding seasonal accounts, recreational accounts, bulk metered multi-unit residential accounts); and
      5. Contest registration, in accordance with the terms herein, between May 1, 2008 and June 30, 2008.
    2. Grand Prize(s) Eligibility Requirements are as follows:
      1. residents of Ontario who have reached the age of majority as of the date of entry but excluding employees, representatives and agents of the OPA, the applicable LDC and the CMF and each of their affiliated companies and members of the respective immediate families of such employees, representatives and agents, and all persons with whom they are domiciled;
      2. active account holders at the same address since July 1, 2007 in the name of at least one account holder at such address;
      3. account holders of record with a participating LDC;
      4. residential customers (excluding seasonal accounts, recreational accounts, bulk metered multi-unit residential accounts);
      5. persons who achieve a 10% savings target (electricity consumption reduced by 10% between the period of July 1, 2008 to August 31, 2008) as compared to corrected and normalized data from the ame timeframe in 2007 as determined by the methodology set out in sections 16-20 herein; and
      6. Contest registration, in accordance with the terms herein, between May 1, 2008 and July 15, 2008.

Prizes

  1. The prizes available to be won are as follows:
    1. Early Bird Prizes:
      Ten (10) Stenic Clothes Lines Approximate Retail Value: $ 220.00 ea
      One hundred and fifty (150) Solio Classic Hybrid Chargers Approximate Retail Value: $ 119.99 ea
      One hundred (100) Philips Green Power/Surge Protector Standby power bars Approximate Retail Value: $ 39.99 ea
      Twenty-five (25) Triple Slide Out Recycling Centres Approximate Retail Value: $ 99.99 ea
      One Hundred (100) Westinghouse 'Crawford II' 10-pc Solar Garden Lights Set Approximate Retail Value $ 99.99 ea

    2. Grand Prizes:
      Ten (10) LG 22.4 cu. Ft. Trio Refrigerator w/Ice & Water ESTAR Stainless
      Approximate Retail Value $2,699.99 ea
      Ten (10) LG 30" Smooth Top, Self Clean, Convection, Free Standing Electric Range Stainless Approximate Retail Value $1,699.00 ea
      Ten (10) LG 24" Tall Tub Built In Dishwasher Stainless ESTAR Approximate Retail Value $1,449.99 ea
      Fifteen (15) LG 4.0 Front Load Washing Machine ESTAR – titanium Approximate Retail Value $1,599.99 ea
      Fifteen (15) LG 7.3 Electric Dryer – titanium Approximate Retail Value $1,199.99 ea
      Thirty (30) LG 13.5" Pedestal – titanium Approximate Retail Value $199.99 ea
      Twenty (20) IPod touch - 32 gig with Solio Classic Hybrid charger Approximate Retail Value $ 609.89 ea
      Fifteen (15) Trek 6000 Mountain Bikes - Black 17.5 inch frame Approximate Retail Value $ 849.00 ea
      Fifteen (15) Trek 6000 Mountain Bikes - Red & White 15.5 inch frame
      Approximate Retail Value $ 849.00 ea


      (the “Prizes”).
  2. The Prizes must be accepted as awarded, and may not be assigned, substituted or redeemed for any cash
    value. In case of the unavailability of any of the Prizes, the OPA or as it may direct, reserves the right to
    make the decision to substitute a prize of approximate equal value. The Prizes will be awarded in the order
    that the winners are determined.


Contest Draw

  1. (a) Early Bird Prizes:
    For all eligible entries (per section 8(a) hereof) received between May 1, 2008 and June 30, 2008, a random
    draw will be made by the CMF at its office located at 1351 Rodick Road, Markham, Ontario, L3R 5K4 at
    10:00 a.m. EST on August 15, 2008 for the Early Bird Prizes. For the purpose of the Early Bird Prizes,
    entrants are required to comply with the Contest Rules, however, they are not required to demonstrate a
    10% reduction in energy consumption as described herein. The goal of the Early Bird Prizes is to
    encourage participation in the Contest.
    (b) Grand Prizes:
    For all eligible entries (per section 8(b) hereof) received between May 1, 2008 and July 15, 2008, a random
    draw will be made by CMF at its office located at 1351 Rodick Road, Markham, Ontario at 10:00 a.m. EST
    on January 30, 2009, for the Grand Prizes.
  2. The odds of winning an Early Bird Prize will depend on the total number of eligible entries received (per
    section 8(a) hereof) and the odds of winning an Grand Prize will depend on the total number of eligible
    entries received (per section 8(b) hereof).


How to Win

  1. In order to be declared a winner, each selected entrant who is eligible for a prize will be required to
    correctly answer unaided, a time-limited, mathematical skill-testing question by phone at a predetermined
    mutually convenient time.
  2. Following the draws described in section 11 hereof, a selected entrant will be contacted by the CMF at the
    telephone number provided by the entrant at the time of Contest registration. If the selected entrant can not be reached personally without leaving a message by telephone within fourteen (14) business days of the
    first phone call made and after a minimum of three (3) attempts by the CMF and if such selected entrant
    fails to execute and return a declaration and release form within fourteen (14) days from the date of receipt
    thereof, his or her entry will be forfeited and the next selected entrant drawn in accordance with section 11
    hereof will be contacted on the fifteenth (15th) day and such process will be repeated until each Early Bird
    Prize and each Grand Prize as the case may be, has been awarded. No communication or correspondence
    will be entered into, except with the selected entrants.
  3. The Prizes will be delivered by the CMF to the Contest winners at the address provided at the time of entry
    as follows: (i) appliances will be delivered by Sears Canada during its normal scheduled delivery hours of
    Monday to Friday from 7:00 a.m. – 9:00 p.m. and (ii) all other Prizes will be delivered by courier and a
    signature will be required for acceptance.


How the 10% Reduction Will be Calculated

  1. The calculation will take into account factors that could affect electricity consumption measurements (e.g.
    hotter weather this year than last year could result in increased electricity use for air conditioning). An
    appropriate adjustment will be made for this type of difference in weather. For a more detailed explanation
    of weather correction please refer to www.everykilowattcounts.com/sweepstakes. Also, the fact that the
    LDCs have different meter reading and billing cycles will also be taken into account. Finally, the methods
    of measuring consumption will be the same for both 2007 (the “Baseline Year”) and 2008 (the “Savings
    Year”).
  2. Each participant in the Contest must have electricity meter readings before and after July 1 and August 31
    (the 62 day period within the months of July and August are referred to herein as the “Program Period”)
    in the Baseline Year and the Savings Year. These must be actual meter readings and not just estimates. An
    entrant will not be eligible to win a Grand Prize if their participating LDC does not have a record of an
    actual meter reading for that entrant from the Program Period in 2007. Meter readings must be taken no
    more than 80 days before and after the Program Period.
  3. While the meter reading periods extend both before and after July and August, the Program Period will be
    the only period of time considered for Contest purposes. A calculation will be made to determine how
    much electricity was consumed during the Program Period in the Baseline Year and the Savings Year.
  4. The percentage of savings will be calculated by pro-rating the number of days in the Program Period (62
    days) over the total number of days in the metered period, and then multiplying this number by the number
    of kilowatt hours (kWh) of electricity consumed in each of the two years. These calculations must be
    performed by each participating LDC.
  5. This calculation will prorate the number of days in the Program Period (62 days) over the total number of
    days in the metered period, and then will multiply this number by the number of kilowatt hours (kWh) of
    electricity consumed in each of the two years. This will allow the percentage of savings to be calculated.
    Fortunately, these calculations will not have to be done by electricity consumers rather, they will be done
    by each participating LDC.


Privacy

  1. The CMF may, from time to time, upon consent of the entrant, use the personal information provided in the
    Contest entry ballot to (i) contact the winning entrant in connection with the Contest including for the
    purpose of delivering a Prize, (ii) provide a subset of such information, once eligible entrants have been
    sorted by participating LDC, to the participating LDCs to permit such LDCs to advise whether or not an
    entrant qualifies to be eligible to win a Grand Prize; and (iii) provide reports to the OPA as may be required
    from time to time. For further information about the CMF’s use of personal information described in its
    privacy policy, please call 905-513-6000 x 1225.
  2. The OPA may, from time to time, use the personal information provided in the Contest entry ballot (i) for
    data analysis, (ii) for internal reporting and (iii) for OPA purposes generally. In addition, the OPA will use
    the reports and information received in connection with the Contest from the CMF and the LDCs to analyze
    the results and success of the Contest.
  3. The OPA, the LDCs and the CMF will treat all personal information in accordance with relevant privacy
    laws. It is the intention of the OPA, the CMF and the participating LDCs that all personal information
    provided in connection with the Contest be kept confidential and used only for the purposes outlined
    herein.
  4. By entering the Contest, contest entrants consent to the use of their personal information for the purposes
    described herein.


General Rules

  1. By entering this Contest, entrants agree to comply with these Contest rules and with the decisions of the
    OPA and the CMF as they relate thereto.
  2. By entering the Contest, the winners agree to sign a standard form of declaration and release confirming
    compliance with these Contest rules and releasing the Parties and their employees, agents, partners,
    business affiliates, prize suppliers and promotional agencies from any liability connected to this Contest or
    Prizes. In addition, each winner agrees to the use of his/her name, place of residence and image in any
    publicity carried out by the Parties, without compensation.
  3. By accepting a Prize in connection with this Contest, prize winners agree to release, remise and forever
    discharge the OPA, the CMF and the LDCs and all affiliates thereof from any claims, liabilities or damages
    incurred in connection with the delivery, installation, use and consumption of the Prizes.
  4. The Parties assume no responsibility or liability for lost, late, misdirected or incomplete entries and release
    documents or for any problems, failures or technical malfunction of any network lines, computer online
    systems, telephone, hardware, software, server, providers, e-mail, player, browser or technical malfunctions
    that may occur (including but not limited to malfunctions that may affect the transmission or nontransmission
    of an entry) howsoever caused. The Parties are not responsible for any incorrect or inaccurate
    information, whether caused by website users or by any of the equipment or programming associated with
    or utilized in the Contest or by any technical or human error which may occur in the processing of entries
    in the Contest. The Parties assume no responsibility for any error, omission, interruption, deletion, defect,
    delay in operation or transmission, communications line failure, theft or destruction or unauthorized access
    to, or alteration of, entries. The Parties are not responsible for any injury or damage to entrants’ computer
    or any other computer, related to or resulting from participating or downloading materials in this Contest.
    If, for any reason, the Contest is not capable of running as planned, including infection by computer virus,
    bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control
    of the Parties which corrupt or affect the administration, security, fairness, integrity or proper conduct of
    this Contest or cause it to not comply with any applicable law having jurisdiction over the Parties then,
    subject to regulatory approval when required, the OPA or as it may direct, reserves the right in its sole
    discretion to cancel, terminate, modify or suspend this Contest without notice.
  5. The OPA reserves the right to disqualify any individual that it finds to be in violation of these Contest rules
    or tampering with the Contest process. The OPA reserves the right to refuse an entry from a person whose
    eligibility is in question or who has been disqualified or is otherwise ineligible to participate. Entries
    generated by script, macro, robotic, programmed, or any other automated means are prohibited and will be
    disqualified. Any attempt by anyone to deliberately undermine the legitimate operation of this Contest is in
    violation of criminal and civil laws and the OPA reserves the right to seek damages or other legal remedy
    to the fullest extent permitted by law.
  6. In the event of a dispute regarding the identity of the person entering the Contest, the entry will be deemed
    to be submitted by the authorized account holder in whose name the LDC account is registered, provided
    that person meets all eligibility criteria of this Contest. Authorized account holder shall mean the natural
    person assigned to an LDC account by the LDC responsible for assigning the account.
  7. All decisions of the OPA or as it may direct, in connection with this Contest are final. All Prizes must be
    accepted as awarded. The Prizes are non-transferable.
  8. All entries become the property of the OPA.
  9. This Contest and the terms and conditions contained in these Contest Rules, shall be exclusively governed
    by and construed in accordance with the laws of the Province of Ontario, Canada and the federal laws of
    Canada applicable therein.
  10. This Contest is subject to all applicable federal, provincial and municipal laws and is void where
    prohibited.