Manufactured Homes Sales Challenge Promotion
HOW IT WORKS.
1. If you, a salesperson employed with an eligible retailer (“Participant”), sell a minimum number of ENERGY STAR with NEEM+ manufactured homes between November 1, 2019 and May 31, 2020, you may be eligible to receive one or more of the following sales challenge prizes:
a. One (1) manufactured home sold = one (1) NEEM+-branded jacket
b. Two (2) manufactured homes sold = one (1) NEEM+-branded Yeti cooler
c. Five (5) manufactured homes sold = one (1) $1,500.00 Amazon gift card
2. After completing a qualifying sale, the Participant must complete and submit a Home Sale Notification Form to NEEA’s Contractor.
3. There is a limited inventory of prizes; each Participant will only earn a prize if a sufficient number of prizes are available. Prizes will be awarded based upon the order that qualifying sales are recorded in the NEEM program certification database by the factory.
PROMOTION TERMS AND CONDITIONS.
Northwest Energy Efficiency Alliance, Inc. (“NEEA”) is offering you, a salesperson for an eligible retailer, the opportunity to earn prizes for selling manufactured homes (the “Promotion”) that are certified by the Northwest Energy Efficient Manufactured Housing Program (“NEEM Program”) and branded as ENERGY STAR with NEEM+. The following Terms and Conditions (the “Terms”) detail rules, prizes and eligibility for the Promotion.
By participating in the Promotion, you are bound by these Terms and indicate your agreement to them. All of NEEA’s decisions are final and binding. The Promotion is void where it is prohibited by applicable law.
PROMOTION TERM. The Promotion starts at 12:01 AM PST on November 1, 2019 and ends at 11:59 PM PST on May 31, 2020 (the “Promotion Term”).
An individual salesperson who participates in the Promotion is called a “Participant”. To be "eligible" for this Promotion, a Participant must: 1) be a legal resident of Idaho, Montana, Oregon, or Washington, 2) be at least eighteen (18) years old by November 1, 2019, and 3) be employed with an Eligible Retailer. An “Eligible Retailer” is a company that sells ENERGY STAR with NEEM+ manufactured homes and has at least one physical retail location in Idaho, Montana, Oregon, or Washington.
Employees of NEEA, its funders or any of its affiliates or promotional agencies are not eligible. If you do not meet any of these requirements, or any other eligibility requirements in these terms, you are not eligible to win a prize, and NEEA reserves the right not to award a prize to you. All applicable federal, state and local laws and regulations apply.
HOW TO PARTICIPATE.
To participate in the Promotion, a Participant must complete the minimum number of Qualifying Sales of Qualifying Homes during the Promotion Term. A “Qualifying Home” is an ENERGY STAR with NEEM+ manufactured home, certified by Northwest Energy Works through the NEEM program. “Qualifying Sales” are sales of Qualifying Homes by eligible Participants to customers at an “Eligible Retail Location”. An “Eligible Retail Location” is a physical business premises in Idaho, Montana, Oregon or Washington that is owned and operated by an Eligible Retailer.
If a Participant completes enough Qualifying Sales during the Promotion Term to achieve the following sales thresholds below, they may be eligible to receive one of the following sales challenge prizes (“Prizes”) if inventory is available:
a. One (1) Qualifying Home sold = one (1) NEEM+-branded jacket (one hundred  available)
b. Two (2) Qualifying Homes sold = one (1) NEEM+-branded Yeti cooler (five  available)
c. Five (5) Qualifying Homes sold = one (1) $1,500.00 Amazon gift card (two  available)
A Participant cannot earn more than one (1) of each type of Prize, and a Participant cannot earn more than three (3) Prizes in total. There is a limited inventory of Prizes, as specified above; Participants will only earn Prizes if the Prizes are still available at the time the Participant earns the Prize. Any Prizes earned by the Participant will be mailed or delivered to Participant within ninety (90) days of the Qualifying Sale that triggers earning the Prize is recorded. A Qualifying Sale is considered “recorded” when:
a. The Participant sends a completed Home Sale Notification Form, available at https://www.neemhomes.com/salespromo, to NEEA’s Contractor by U.S. mail or via email at NEEA’s Contractor’s address listed in the “CONTACT” section below; and
b. The order details for the Qualifying Home sold by Participant is entered by the factory producing the Qualified Home into the NEEM program certification database (“Database”). The Database records the date and assigns a sequential identification number to each home record entered by the factory, and the Database date and identification number fields will determine the order in which Qualified Sales are deemed complete and recorded.
Prizes will be awarded based upon the order that Qualified Homes are recorded in the Database.
NEEA may delay a Prize for the purposes of investigation. NEEA may also refuse to accept and process any transaction NEEA deems, in its sole discretion, to be fraudulent, suspicious, in violation of these Terms, or believes will impose potential liability on NEEA, its funders, affiliates or any of their respective officers, directors, employees, representatives and agents. All of NEEA’s decisions are final and binding, including decisions as to whether a sale of a Qualifying home meets the criteria for a Qualifying Sale or whether a Prize should be awarded to a Participant.
TAXES & RESTRICTIONS.
NO PURCHASE NECESSARY. ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNER. All Prizes will be awarded if sufficient Qualifying Sales are recorded. Prizes are not transferable and may not be auctioned, traded, bartered or sold. No substitutions or exchanges (including for cash) of any prizes will be permitted, except that NEEA reserves the right to substitute a prize of equal or greater value for any prize. NEEA is not responsible for cancellation or preemption of the Prizes or for other circumstances that make it impractical or impossible to fulfill the Prize. Actual features and other related descriptions of the Prizes awarded shall be selected by NEEA in its sole discretion and may vary from photos used in online or offline advertising and promotional materials, including NEEA’s website. Participant is required to claim the value of the prize through the appropriate federal, state and local tax process, including a 1040 form. One of NEEA’s contractors will remit a 1099 form to Participants who earn and receive a $1,500.00 Amazon gift card.
No Participant may use the Promotion to violate any law, infringe or violate the rights of any third party, or otherwise act in a manner that is deemed harassing, harmful, illegal, hateful, obscene or outside the spirit and intent of the Promotion. A Participant cannot earn more than one (1) of each type of Prize. In addition, you may not (i) tamper with the Promotion, (ii) act in an unfair or disruptive manner, or (iii) use any system, bot or other device or artifice to participate or receive any benefit in the Promotion.
NEEA reserves the right, in its sole and absolute discretion, to disqualify any Qualifying Sales that are inappropriate, invalid, or ineligible for any reason. NEEA may remove invalid Qualifying Sales from the Promotion at its own discretion.
YOU UNDERSTAND AND AGREE THAT THE RELEASED PARTIES (DEFINED BELOW) SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NEEA WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). By participating in the Promotion, you agree to defend, indemnify, release and hold harmless NEEA and its funders, affiliates and subsidiaries, together with their respective employees, directors, officers, licensees, licensors, shareholders, attorneys and agents including, without limitation, their respective advertising and promotion entities and any person or entity associated with the production, operation or administration of the Promotion (collectively, the “Released Parties”), from any and all claims, actions, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, in connection with, or related to the Promotion (including, without limitation, any property loss, damage, personal injury or death caused to any person(s)) and/or the awarding, receipt and/or use or misuse of any benefit in the Promotion. To be clear, the Released Parties shall not be liable for any technical errors or malfunctions, data theft or corruption, any printing or typographical error, or any damage to any computer system resulting from participating in, or accessing or downloading information in connection with the Promotion. The Released Parties shall not be liable to any users for failure to supply any advertised benefit, by reason of any acts of God, any action or request by any governmental or quasi-governmental entity (whether or not valid), or any other activity or action that is beyond any of the Released Parties’ control.
DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) THE PROMOTION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT NEEA EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR CUSTOM, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED THROUGH THE USE OF THE PROMOTION, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE AND GIVE NO WARRANTY THAT (i) THE PROMOTION WILL MEET YOUR REQUIREMENTS, (ii) THE PROMOTION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, AND (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PROMOTION WILL MEET YOUR EXPECTATIONS, AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PROMOTION IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
All claims arising out of this Promotion or these Terms and disputes not settled between the parties shall be settled by binding arbitration in accordance with the then effective rules of the Arbitration Service of Portland, Inc. Any arbitration hearing will be held in Portland, OR. Subject to the Arbitration provisions of these Terms, the parties irrevocably submit to the exclusive jurisdiction of the Multnomah County Circuit Court or the United States District Court in Portland, Oregon, over any suit, action or proceeding arising out of or relating to this Promotion or these Terms, and confirm that such court shall have personal jurisdiction over the parties.
NEEA reserves the right to cancel, modify or terminate the Promotion at any time for any reason in its sole discretion. NEEA reserves the right to disqualify any Participant at any time from participation in the Promotion if she/he does not comply with any of these Terms.
Completed Sales Notification Forms should be sent to NEEA’s Contractor via email to email@example.com with the subject line “Sales Challenge Entry,” or by U.S. mail to the address below:
Northwest Energy Works, Inc.
Attn: Sales Challenge Entry
PO Box 341
Corvallis, Oregon 97339
To submit any questions, comments, or notices regarding the Promotion and these Terms, or to request a copy of these rules, call (503) 688-5424 or send feedback by U.S. mail to the address listed below:
Northwest Energy Efficiency Alliance, Inc. (NEEA)
Attn: Manufactured Homes
421 SW 6th Ave, Suite 600
Portland, Oregon 97204