Last Updated: January 18, 2023
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS PROMOTION.
OPEN ONLY TO LEGAL RESIDENTS OF ONE OF THE FIFTY UNITED STATES OR THE DISTRICT OF COLUMBIA WHO ARE 18 YEARS OF AGE OR OLDER AT THE TIME OF ENTRY. CALIFORNIA LAW GOVERNS THIS PROMOTION. VOID WHERE PROHIBITED.
The OhmConnect Contractor Referral Prize Program (the “Program”) is sponsored by OhmConnect, Inc. (“Sponsor”) and its affiliates. The Program consists of a series of individual promotions (each a “Promotion”) in which Sponsor will offer prizes via the website located at https://ohm.co/partner/mosaic (the “Website”) and award such prizes, in accordance with these Official Rules. Each Promotion constitutes a separate promotion and is subject to these Official Rules. Each Promotion is open only to employees or members of certain installers, contractors and dealers in the network of Solar Mosaic LLC (“Mosaic”), as determined by Mosaic (“Participating Contractors”) and communicated to potential Participating Contractors in connection with each Promotion, who as of the date of entry (and, if a winner, as of the date of prize fulfillment) are legal residents of one of the fifty United States or the District of Columbia and are 18 years of age or older.
The Program will continue through an end date and time designated by Sponsor. Upon determination by Sponsor of the end date and time, Sponsor will post the Program end date and end time on the Website. Unless otherwise specified by Sponsor, there will be one promotion per calendar quarter and the entry period for each promotion (the “Entry Period”) will be a period of approximately 90 consecutive days, ending on the last day of the quarter.
A description of each prize offered in each Promotion (each a “Prize”), and other relevant details concerning the Prize, will be made available via email sent by Mosaic to potential Participating Contractors. Each Prize consists only of the items expressly specified by Sponsor. With respect to each Promotion, the aggregate approximate retail value of all Prizes will not exceed $1,000.
No purchase is necessary. To enter a Promotion, an eligible entrant must create a referral account through the Sponsor campaign link (https://ohm.co/partner/mosaic) during the applicable Entry Period or have done so during a prior Entry Period, in which case they will automatically be entered in each subsequent Promotion. An entrant whose Participating Contractor at any point is no longer participating in the Mosaic network or is otherwise no longer eligible for a Promotion as determined by Mosaic will not be eligible for (and will not be included in) subsequent Promotions. Creating a referral account will require the entrant to submit their name, email address and such other information as Sponsor may require. There is a limit of one entry per eligible entrant per Promotion.
With respect to each Promotion, unless otherwise specified by Sponsor, one potential winner will be selected. For each eligible entrant, Sponsor will determine the total quantity of Completed Referrals (as defined below) by such entrant during the applicable Entry Period. A “Completed Referral” occurs when a consumer referred to Sponsor by the entrant creates an OhmConnect user account and enrolls as an OhmConnect user. Quantities of Completed Referrals will be determined solely by Sponsor based on Sponsor’s data and on information collected via the Website. The eligible entrant with the largest number of Completed Referrals during the applicable Entry Period will be the potential Prize winner. The odds of being selected as a potential Prize winner will depend on the number of eligible entrants with respect to the applicable Prize and the quantity of Completed Referrals for each entrant. Each potential Prize winner will be notified by e-mail. Each potential Prize winner will be required to respond to Sponsor’s notification attempt within one week.
By entering a Promotion, each entrant irrevocably grants to Sponsor, each of its successors and assigns and the agents and licensees of each of the foregoing (collectively, the “Licensees”) the right to use the entrant’s name, likeness, voice and biographical information and statements attributed to the entrant, in perpetuity, throughout the world, in all media and formats whether now or later known or developed, including without limitation via Sponsor’s websites and social media and digital channels, for commercial purposes and any other purposes (including without limitation advertising and promotion), without further notice or compensation, unless prohibited by law.
By entering a Promotion, to the fullest extent permitted by applicable law, each entrant releases and agrees to hold harmless each of the Licensees, all other companies involved in the development or operation of the Promotion, all other companies involved in the provision of the prize or any component of the Prize, the agents and contractors of each of the foregoing, and the directors, officers and employees of each of the foregoing (collectively, the “Released Parties”) from and against any and all claims and causes of action of any kind that the entrant ever had, now has or might in the future have, and all liabilities, damages and expenses of any kind, arising out of or relating to the Program or any Promotion, the Website, participation in or entry in the Program or any Promotion, the provision, acceptance or use of any prize or any component of any prize or any use of the entrant’s name, likeness, voice, biographical information and/or statements attributed to the entrant as permitted pursuant to these Official Rules, including without limitation any and all claims and causes of action (a) relating to any personal injury, death or property damage or loss sustained by any entrant or any other person, (b) based upon any allegation of violation of the right of privacy or publicity, misappropriation, defamation, or violation of any other personal or proprietary right or (c) based upon any allegation of a violation of any law, rule or regulation relating to personal information or data security. Each entrant agrees not to assert any such claim or cause of action against any of the Released Parties. Each entrant assumes the risk of, and all liability for, any injury, loss or damage caused, or claimed to be caused, by participation in the Program or any Promotion or the provision, acceptance or use of any prize or any component of any prize. The Released Parties are not responsible for, and will not have any liability in connection with, any typographical or other error in the marketing of or other communications concerning the Program or any Promotion, the administration of the Program or any Promotion or the announcement of any prize winner. The Released Parties are not responsible for, and will not have any liability in connection with, late, lost, delayed, illegible, damaged, corrupted or incomplete entries, incorrect or inaccurate capture of, damage to, or loss of entries or entry information, or any other human, mechanical or technical error of any kind relating to communications or attempted communications with any entrant, the submission, collection, storage and/or processing of entries or the administration of the Program or any Promotion. The Released Parties are not responsible for, and will not have any liability in connection with any Act of God, war, terrorism, accident, fire, strike, lock-out or other labor controversy, riot, civil disturbance, act of public enemy, law, enactment, rule, restraint, order or act of any governmental instrumentality or military authority, or other cause not reasonably within their control that may delay or prevent Sponsor from fulfilling its obligations pursuant to these Official Rules.
Sponsor has the right, in its sole discretion, to modify these Official Rules (including without limitation by adjusting any of the dates and/or timeframes stipulated in these Official Rules) and to cancel, modify or suspend the Program or any Promotion at any time in its discretion, including without limitation if a virus, bug, technical problem, entrant fraud or misconduct or other cause beyond the control of Sponsor corrupts the administration, integrity, security or proper operation of the Program or any Promotion or if for any other reason Sponsor is not able to conduct the Promotion as planned (including without limitation in the event the Promotion is interfered with by any fire, flood, pandemic, epidemic, earthquake, explosion, labor dispute or strike, act of God or of public enemy, communications failure, riot or civil disturbance, war, terrorist threat or activity, or federal, state or local law, order or regulation or court order). In the event of termination of the Program or any Promotion, a notice will be posted on Sponsor’s website and a random drawing will be conducted from among all eligible entries received prior to the time of termination to award the Prizes that were previously offered and not awarded. Sponsor has the right, in its sole discretion, to disqualify or prohibit from participating any individual who, in its discretion, it determines or believes (i) has tampered with the entry process or has undermined the fair or legitimate operation of a Promotion, including by cheating, hacking, deception or other unfair practices, (ii) has engaged in conduct that annoys, abuses, threatens or harasses any other entrant or any representative of Sponsor or (iii) has attempted or intends to attempt any of the foregoing. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR APPLICATION ASSOCIATED WITH THIS PROGRAM OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROGRAM IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR HAS THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY PERSON INVOLVED TO THE FULLEST EXTENT PERMITTED BY LAW. The use of agents or automated devices, programs or methods to obtain or submit entries is prohibited and Sponsor has the right, in its sole discretion, to disqualify any entry that it believes may have been obtained submitted using such an agent or automated device, program or method. In the event of a dispute regarding who submitted an entry, the entry will be deemed to have been submitted by the authorized holder of the relevant OhmConnect account. Each Promotion is subject to all applicable federal, state and local laws and regulations. All entries become the property of Sponsor and will not be verified or returned. By participating in a Promotion, each entrant agrees to be bound by these Official Rules and the decisions of Sponsor, which are final and binding in all respects. These Official Rules may not be reprinted or republished in any way without the prior written consent of Sponsor.
By entering a Promotion, each entrant agrees, to the maximum extent permitted by applicable law, that (a) any and all disputes, claims and causes of action arising out of or connected with the Promotion or the provision, acceptance and/or use of any prize or prize component will be resolved individually, without resort to any form of class action (Note: Some jurisdictions do not allow restricting access to class actions. This provision will not apply to entrants who live in such a jurisdiction); (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Promotion, but in no event attorneys’ fees; (c) under no circumstances will any entrant be permitted to obtain any award for, and each entrant hereby waives all rights to claim, punitive, special, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses, and (d) each entrant’s sole and exclusive remedy with respect to any and all disputes, claims, and causes of action arising out of or connected with the Promotion will be an action at law for the recovery of monetary damages only, and in no event will the entrant have the right to enjoin or otherwise interfere with the exercise by the Licensees of any of the rights granted in these Official Rules or terminate or rescind any of the rights granted in these Official Rules. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the respective rights and obligations of the entrants and Sponsor 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 or provisions that would cause the application of the laws of any jurisdiction other than the State of California. Any legal proceedings arising out of a Promotion or relating to these Official Rules shall be instituted only in the federal or state courts located in Alameda County, California, waiving any right to trial by jury, and each entrant consents to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to any of the foregoing. In the event of any conflict between these Official Rules and any Promotion information provided elsewhere (including but not limited in advertising or marketing materials), these Official Rules shall prevail.
For the names of the winners, or a copy of these Official Rules, send a self-addressed stamped envelope to: OhmConnect Contractor Referral Prize Program, OhmConnect, Inc., 371 3rd Street, 2nd Floor, Oakland, CA 94607. Requests must be received by Sponsor within six months after the conclusion of the Promotion.
OhmConnect, Inc., Oakland, California.