Rules

LBK-9: Lubbock’s Cutest Canine Contest

Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN.  

CONTEST PERIOD: The LBK-9: Lubbock’s Top Dog Contest (“Contest”) begins at 12:01 p.m. Central Time (“CT") on December 4, 2023 and ends at 11:59 p.m. CT on January 21, 2024 (“Contest Period”). 

The Contest Period will flow as follows:

Submission Period:  The Submission Period begins on December 4, 2023 at 12:00:01 p.m. CT and ends on January 14, 2024 at 11:59:59 p.m. CT.

Public Voting Period:  The Public Voting Period begins on December 4, 2023 at 12:00:01 p.m. CT and ends on January 21, 2024 at 11:59:59 p.m. CT.

SPONSOR:  TXU Energy Retail Company LLC, 6555 Sierra Drive, Irving, TX 75039. Rep #10004 (“Sponsor”).

ADMINISTRATOR: The Promotion House, LLC, 6501 Cooper Place, Plano, TX 75093 (“Administrator”).

HOW TO ENTER: During the Submission Period, visit http://www.lbkcutestcanine.com (the “Website”) and follow the provided instructions to complete the registration form, upload one (1) photo of your dog (each, a “Photo” and collectively, the “Photos”) and, an optional, no more than fifty (50) characters description telling a fun fact about your dog (the “Essay”) and submit to enter (collectively, the “Entry”). Entries generated by script, macro or other automated means or practices, or by any means which subvert the entry process will be void.

ENTRY REQUIREMENTS: Entries may not contain, as determined by the Sponsor, in its sole discretion, any content that:

is sexually explicit or suggestive; unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; contains nudity;

promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous;

promotes any particular political agenda or message;

is obscene or offensive; endorses any form of hate or hate group;

defames, misrepresents, or contains disparaging remarks about other people or companies;

contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others;

contains any personal identification, such as personal names, license plate numbers, street addresses or e-mail addresses;

contains copyrighted materials owned by others (including photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies or other media);

contains materials embodying the names, likenesses, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without permission;

contains any individual other than the entrant and his/her rescue dog;

communicates messages or images inconsistent with the positive images and/or good will to which Sponsor wishes to associate; and/or violates any law. 

Entry must be the original work of the entrant, may not have been previously published, may not have won previous awards, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity, or other intellectual property or other rights of any person or entity.  If the Entry contains any material or elements that are not owned by the entrant, and/or which are subject to the rights of third parties, the entrant is responsible for obtaining, prior to submission of the Entry, any and all releases and consents necessary to permit the use and exhibition of the Entry by Sponsor in the manner set forth in these Official Rules, including, without limitation, name and likeness permissions from any person who appears in or is identifiable in the Entry. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any entrant at any time. Failure to provide such proof may, if requested, render Entry null and void.  By submitting an Entry, entrant warrants and represents that they and any persons appearing or who are identifiable in the Entry consent to the submission and use of the Entry in the Contest and to its use as otherwise set forth herein.

By submitting an Entry, entrant hereby grants permission for the Entry to be posted on Sponsor websites and/or social media pages. Entrant agrees that Contest Parties (as defined below) are not responsible for any unauthorized use of Entries by third parties. Contest Parties do not guarantee the posting of any Entry and reserve the right to remove any posted Entry for any reason and at any time.

By submitting your Entry, you agree that your Entry conforms to these Official Rules and that Sponsor, in its sole discretion, may disqualify your Entry for any reason, including if it determines, in its sole discretion, that your Entry fails to conform to these Official Rules in any way or otherwise contains unacceptable content as determined by Sponsor, in its sole discretion.

ENTRY LIMIT: Each participant may only enter using one (1) dog, regardless of number of dogs they may own. Any attempt by a participant, or any other person, to participate using more than one dog, using any method, may result in disqualification by Sponsor, in its sole discretion.

ELIGIBILITY: This Contest is open to legal United States residents residing in TXU Energy’s Lubbock, Texas service area that is currently serviced by Lubbock Power & Light and is transitioning to choice in January 2024 (eligible zip codes: 79364; 79401; 79403; 79404; 79406; 79407; 79410; 79411; 79412; 79413; 79414; 79415; 79416; 79423; 79424), who are at least 18 years of age or older at the time of registration. Employees of Sponsor, Administrator, Urban Pet Market & Boutique, their respective parent companies, affiliates, subsidiaries, advertising, and fulfillment and marketing agencies (collectively, “Contest Parties”), and their immediate families (parent, child, sibling and spouse and their respective spouses, regardless of where they reside) and persons living in the same households as such individuals (whether related or not) are not eligible to enter the Contest or win a prize.

PUBLIC VOTING AND WINNER SELECTION: All approved Photos and Essays (if applicable) will be posted on the Website during the Public Voting Period.  There will be a limit of one (1) vote per person, per day, throughout the Public Voting Period.  For purposes of these Official Rules, a ‘day’ is defined as any twenty-four (24) hour period during the Public Voting Period beginning at 12:00:01 a.m. CT and ending twenty-four (24) hours later at 11:59:59 p.m. CT. Votes received from any person or email address in excess of the above-stated limitation will be void. Entrants are prohibited from obtaining votes by any fraudulent or inappropriate means, including, without limitation, offering prizes or other inducements to members of the public, as determined by Sponsor in its sole discretion. At the conclusion of the Public Voting Period, the three (3) entrants with the most votes will be declared the potential prize winners, subject to verification of eligibility. In the event of a tie, a qualified panel of judges will determine the winner in question from among the tied entries based on the originality of the Entry. Decisions of judges are final and binding in all respects.  All results are unofficial until verified by Sponsor. 

WINNER NOTIFICATION: The potential winners will be notified by email and/or phone. Contest Parties shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason.  If, despite reasonable efforts, a potential winner does not respond within seventy-two (72) hours of the first notification attempt, or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit their prize and an alternate winner may be selected based on the results of the Public Voting.  Sponsor, in its sole discretion and time permitting, will attempt to contact up to three (3) potential winners of a prize in accordance with the above procedure, after which the prize in question may go unawarded if it remains unclaimed.  If any potential prize winner is found to be ineligible, or if they have not complied with these Official Rules or decline the prize for any reason prior to award, such potential prize winner will be disqualified, and an alternate prize winner may be selected. 

PRIZES:

One (1) First Place Prize is available.  The First Place Prize consists of a $1,000 Urban Pet Market & Boutique gift card. 

One (1) Second Place Prize is available.  The Second Place Prize consists of a $500 Urban Pet Market & Boutique gift card. 

One (1) Third Place Prize is available.  The Third Place Prize consists of a $250 Urban Pet Market & Boutique gift card. 

OWNERSHIP/USE OF ENTRIES:  By submitting an Entry, each entrant agrees Sponsor shall own the Entry submitted (including the copyright thereto and all rights embodied therein) and that it and its designees may exploit, edit, modify, and distribute the Entry and all elements of such Entry, including, without limitation, the photo and names and likenesses of any persons or locations embodied therein, in any and all media now known or hereafter devised, worldwide, in perpetuity without compensation, permission or notification to entrant or any third party.  

PRIZE LIMITATIONS: Prizes will be awarded only upon winner redemption, confirmation, verification, and final approval by Sponsor. No substitution or transfer of any prize (or prize component) or cash alternative permitted, except by Sponsor who reserves the right, in its sole discretion, to substitute a prize (or prize component) of equal or greater value, if prize, or portion of prize, becomes unavailable. Gift cards are subject to separate terms and conditions imposed by issuer.  Prize winners shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize.  The potential Prize winners must sign and have notarized an Affidavit of Eligibility, a Liability Release, and (where imposing such condition is legal) a Publicity Release (collectively, “Prize Claim Documents”). The Prize winners will also be issued a 1099 form by Sponsor for the actual retail value of any Prize received valued at $600 or more. If a winner fails or refuses to sign and return all Prize Claim Documents within five (5) days of prize notification (or a shorter time if required by exigencies), winner may be disqualified and an alternate winner may be selected.  If it is discovered during prize verification you have entered, attempted to enter, or used multiple accounts to enter more than the stated limit, you will be disqualified at the discretion of the administrator, and your entries will be void. Entries generated by script, macro, or other automated means, which subvert the entry process, are void. All Entries become the property of Sponsor and will not be acknowledged or returned. Contest Parties are not responsible for late, lost, stolen, damaged, delayed, or undelivered prizes.

MISCELLANEOUS: Contest Parties are not responsible for late, lost, incomplete, corrupted, stolen, garbled, damaged, delayed, undelivered, or misdirected entries, all of which are void. By entering the Contest, you recognize and agree that the registration information provided by you will be made available to Sponsor; use of such information will be governed by Sponsor’s privacy policy found at https://www.txu.com/privacy-policy. Upon entering the Contest, winners grant Sponsor and its affiliates, subsidiaries, parents, licensees, and designees the right to print, publish, broadcast, transfer, and use world-wide, in any media now known or later developed, each winner's name, photo and likeness, for publicity purposes, including but not limited to, in advertisements, and other communications, including but not limited to online and in social media, worldwide, in perpetuity, without additional compensation, notification or permission, except where prohibited by law. Entrants agree to comply with these Official Rules and the decisions of the Sponsor and Administrator shall be binding and final.

RELEASE: As a condition of entering the Contest, entrants agree that (1) under no circumstances will any entrant be permitted to obtain awards for, and hereby waive all rights to claim punitive, incidental, consequential or any other damages, and any claims, judgments or awards shall be limited to actual out-of-pocket expenses; (2) all causes of action arising out of or connected with this Contest, or any prizes awarded, shall be resolved individually, without resort to any form class action; and (3) in no event will any entrant be entitled to receive attorneys’ fees. BY ENTERING THE CONTEST, ENTRANTS AGREE TO RELEASE, DISCHARGE AND HOLD HARMLESS CONTEST PARTIES AND THE RESPECTIVE OFFICERS, DIRECTORS, AND AGENTS OF EACH, FROM ANY AND ALL LIABILITY FOR ANY INJURY, LOSS, OR DAMAGE OF ANY KIND TO PERSONS, INCLUDING DEATH, AND PROPERTY, WHETHER DIRECT OR INDIRECT, WHICH MAY BE DUE TO OR ARISE OUT OF PARTICIPATION IN THE CONTEST OR ANY PORTION THEREOF, OR THE ACCEPTANCE, USE/MISUSE OR POSSESSION OF PRIZES, OR ANY PRIZE-RELATED TRAVEL OR ACTIVITY. ENTRANTS WAIVE ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

DISCLAIMER: Contest Parties are not responsible for printing or typographical errors in these Official Rules or in any Contest-related materials. Sponsor reserves the right, in its sole discretion, to disqualify any individual that tampers with the entry process. Sponsor also reserves the right to terminate, suspend, cancel, or modify the Contest and award the Prizes for the Contest from among all eligible, non-suspect entries received as of the date of termination in a random drawing if for any reason this Contest is not capable of running as planned due to any reason, including infection by computer virus, bugs, tampering, fraud, unauthorized intervention, technical failures, or other causes that may corrupt or impair the integrity, fairness, or proper play of the Contest. Contest Parties are not responsible or liable for any events which may cause errors and/or the Contest to be stopped, including but not limited to 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, nor are they responsible for any problems or technical malfunction of any telephone, network or telephone lines, computer on-line systems, servers, or cable, satellite, or Internet Service Providers, computer equipment, software or any other failure of any email or entry to be received by Sponsor on account of technical problems, human error, or traffic congestion on the Internet or at any web site, or any combination thereof, including any injury or damage to yours or any other person's computer relating to or resulting from participation in this Contest or downloading any materials in this Contest. Contest Parties are not responsible for computer, mechanical, technical, electronic, network or other errors or problems, including any errors or problems that may occur in connection with the administration of the Contest, the processing of Entries, or in any other Contest-related materials. Sponsor may stop you from participating in this Contest if you violate Official Rules or act, in Sponsor’s sole discretion: (a) in a manner Sponsor determines to be not fair; (b) with an intent to annoy, threaten, or harass any other entrant or the Sponsor; or (c) in any other disruptive manner. Should more prizes be awarded through a computer, hardware, or software malfunction, error or failure, or for any other reason, in any prize category, than are stated for that category in the Official Rules, Sponsor reserves the right to award only the number of prizes stated in the Official Rules for that category. In no event will more prizes be awarded than those listed in Section 5.

CAUTION: ANY ACT OR ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, CONTEST PARTIES RESERVE THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL(S) TO THE FULLEST EXTENT PERMITTED BY LAW. 

CHOICE OF LAW AND JURISDICTION: Except where prohibited, all issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of entrants or winners, Sponsor, and Administrator in connection with this Contest, shall be governed by, and construed in accordance with, the laws of the state of Texas, without giving effect to any choice of law or conflict of law rules or provisions (whether of the state of Texas or any other jurisdiction), which might otherwise cause the application of the laws of any jurisdiction other than the state of Texas. Any action seeking legal or equitable relief arising out of or relating to the Contest or these Official Rules shall be brought only in the courts of the state of Texas. You hereby irrevocably consent to the personal jurisdiction of said courts and waive any claim of forum non-convenience or lack of personal jurisdiction they may have.

WINNER’S NAMES: To receive the list of winners of prizes, send a #10 self-addressed stamped envelope for receipt by February 24, 2024 to: LBK-9: Lubbock’s Top Dog Contest, Winners List Request, c/o The Promotion House LLD, 6501 Cooper Place, Plano, TX  75093.

©2023 TXU Energy Retail Company LLC REP #10004