Idaho Power Company (“Idaho Power”) is not responsible for any taxes that may be imposed due to incentive payments. If incentive payments are made directly to an Idaho Power customer (“Customer”): a) Customer shall be responsible for any tax liability imposed as a result of such incentive payment(s); b) taxpayer identification numbers are required from each Customer; and c) incentive payments greater than $600 shall be reported to the United States Internal Revenue Service.
Idaho Power does not endorse any particular manufacturer, product, system design, contractor, or design professional in promoting the Commercial and Industrial Energy Efficiency Program (“Program”). Measures on the Pre-Approval Application are not necessarily appropriate for installation in every building.
Safety and Building Codes
Customer represents that the project(s) for which Customer has applied to receive an incentive payment(s) under the Program (each, a “Project”) complies with all applicable laws, including without limitation, federal, state, and local safety, building and environmental rules, ordinances, codes, regulations and accepted industry standards. All products/ equipment must be UL-listed (or equivalent) and installed per manufacturer’s instructions.
Appropriate Waste Disposal
Customer represents and agrees that all wastes generated as a result of their Project(s) are solely the responsibility of the Customer. Customer further agrees that any waste generated as part of their Project(s) will be managed, transported, recycled and/or disposed of in compliance with all applicable federal, state or local laws and rules. Idaho Power does not endorse any waste management, transportation, disposal, or recycling options and Idaho Power will not provide any third party payments to waste transporters, disposal facilities, or recycling facilities under these Commercial and Energy Efficiency Program Terms and Conditions (“Terms and Conditions”), or the Program. Customer should contact the appropriate state Department of Environmental Quality and/or the United States Environmental Protection Agency regarding any questions on proper disposal to ensure understanding and compliance.
Disclaimer of Liability and Warranties
IDAHO POWER NEITHER EXPRESSLY NOR IMPLICITLY WARRANTS THE PERFORMANCE OF INSTALLED OR UNINSTALLED EQUIPMENT, OR ANY PART OF THE PROGRAM. CUSTOMER UNDERSTANDS THAT, WHILE IDAHO POWER MAY PROVIDE AN INCENTIVE PAYMENT TO ENCOURAGE ENERGY EFFICIENCY, IDAHO POWER IS NOT LIABLE OR RESPONSIBLE FOR THE PROPER COMPLETION OF ANY WORK PERFORMED, THE PROPER PERFORMANCE OF ANY EQUIPMENT PURCHASED, PROVIDED, OR TESTED, OR ANY OTHER ASPECT OF THE PROGRAM. IDAHO POWER IS NOT RESPONSIBLE IN ANY WAY FOR THE EFFECTIVENESS OR TECHNICAL PERFORMANCE OF ANY PROJECT UNDER THE PROGRAM. IDAHO POWER MAKES NO WARRANTIES WHATSOEVER THAT CUSTOMER WILL REALIZE ANY ENERGY SAVINGS AS A RESULT OF THE PROGRAM. CUSTOMER SHALL CONTACT ITS CONTRACTOR FOR DETAILS REGARDING EQUIPMENT WARRANTIES. IN NO EVENT SHALL IDAHO POWER BE RESPONSIBLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES OF ANY NATURE OR KIND, WHETHER IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, OR UNDER ANY INDEMNITY PROVISION OR OTHERWISE RELATED TO THE PROGRAM.
Customer will indemnify, defend, reimburse, and hold harmless Idaho Power from, for, and against any claims, allegations, demands, damages, liens, losses, expenses, suits, actions, proceedings, judgments, liabilities, and costs of any kind whatsoever (including attorneys’ fees and expert witness fees and expenses) from third parties (collectively, “Claims”) arising out of, or relating to, work performed by any contractor or subcontractor at any tier on behalf of Customer, the Program, or any breach by Customer of these Terms and Conditions, provided the Claims are not the result of bodily injury to persons or damage to property caused exclusively by the sole negligence of Idaho Power.
Waivers of any right, privilege, claim, obligation, condition, or default shall be in writing and signed by the waiving party. No waiver of either Idaho Power or Customer of any breach of these Terms and Conditions shall be a waiver of any preceding or succeeding breach, and no waiver by either Idaho Power or Customer of any right under these Terms and Conditions shall be construed as a waiver of any right.
Any obligation in these Terms and Conditions, or under the Program, which may involve performance subsequent to termination of Customer’s participation in the Program, or which cannot be ascertained or fully performed until after termination of Customer’s participation in the Program, including without limitation, indemnification, waiver, and disclaimer of liability and warranties, shall survive.
Idaho Power reserves the right to revise, postpone, terminate, or cancel Customer’s participation in the Program for any reason without prior notice to Customer and without any payment. In the event of cancelation, suspension, or termination, Idaho Power shall not be required to (1) pay Customer any incentive, (2) perform any other obligations.
Idaho Power reserves the right, at its sole discretion, to modify or amend this Agreement by giving notice (which may take place in any form) to Customer. No course of dealing between or among any persons having an interest in the Program or these Terms and Conditions shall be deemed to change any part of the Terms and Conditions or any rights or obligations hereunder or under the Program.
Commercial Energy-saving Kit Program Sweepstakes Official Rules
Please read the Official Rules of the Idaho Power Commercial Energy-saving Kit Program Sweepstakes (“Sweepstakes”). By entering the Sweepstakes, you agree to accept and comply with these official rules. Complete and return the brief Commercial Energy-saving Kit survey form and you will be automatically enrolled in the drawings. There will be one winner each month, with drawings taking place monthly. By submitting a completed survey once, you are eligible for a chance to win a $100 gift card in each subsequent program drawing.
NO PURCHASE IS NECESSARY TO ENTER OR TO WIN AND A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. RECEIPT OF THE COMMERCIAL ENERGY-SAVING KIT SURVEY FORM BY THE SPONSOR WILL AUTOMATICALLY ENTER YOU INTO THE SWEEPSTAKES. ALL FEDERAL, STATE, AND LOCAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. THE ODDS OF WINNING DEPEND UPON THE NUMBER OF ELIGIBLE ENTRIES RECEIVED DURING THE SWEEPSTAKES PERIOD. BY SUBMITTING THE COMMERCIAL ENERGY-SAVING KIT SURVEY FORM, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE OFFICIAL RULES.
- Sweepstakes Period: The Sweepstakes start at 12:01 a.m. Mountain Time on May 1, 2018 and ends at 11:59 pm Mountain Time on Jan. 1, 2020 (the “Sweepstakes Period”). All entries must be received during the Sweepstakes Period to be eligible to win the respective Prize. By submitting a completed survey once, you are eligible for a chance to win a $100 gift card in each subsequent program drawing.
- Sweepstakes Sponsor: The Sweepstakes is sponsored and administered solely by Resource Action Programs, LLC, 976 United Circle, Sparks, NV 89431. Decisions regarding the selection of winners and all other aspects of the Sweepstakes shall be final and binding in all respects.
- Eligibility: The Sweepstakes is only open to Utility customers with active, Utility commercial accounts who are legal residents of the U.S. and enroll in the Commercial Energy-saving Kit Program. Additionally, entrants must be at least eighteen (18) years of age at the time of entry to participate. Employees of Resource Action Programs, LLC, (“RAP”), and Idaho Power (the “Utility”) and their immediate family members (parents, children, siblings, or spouse, regardless of where they live) are not eligible to participate.
- How to Enter
a. Survey Entry: Enter by returning the completed Commercial Energy-saving Kit survey form to the Commercial Energy-saving Kit Program Customer Service Center, 976 United Circle, Sparks, NV 89431 during the Sweepstakes Period.
b. Alternative Mode of Entry: During the Sweepstakes Period, you may also enter the sweepstakes by legibly printing your name, street address, city, state, ZIP code, telephone number, and email address on a 3×5 inch card and mailing it in a self-addressed envelope with proper first class postage to Idaho Power Commercial Energy-saving Kit Program Customer Service Center, 976 United Circle, Sparks, NV 89431.
c. Entries must be received by no later than 11:59p.m. MT on the last day of the Sweepstakes Period, or the entry will not be eligible for the Sweepstakes.
d. Limit one (1) entry per eligible premise. Entries that are printed by machine or otherwise mechanically produced shall be ineligible and shall not be accepted.
e. RAP will not confirm receipt of entries for entrants. All entries submitted become the sole property of RAP and will not be returned. Neither RAP nor The Utility will have any liability for any entry that is lost, intercepted, or not received by the relevant personnel at the Commercial Energy-saving Kit.
Program Customer Service Center, nor is proof of submission of an entry considered proof of delivery or receipt of such entry.
f. By entering, the entrant: (i) represents that he/she is at least eighteen (18) years of age and otherwise eligible to participate in the Sweepstakes as provided in these Official Rules and (ii) fully and unconditionally agrees to and accepts these Official Rules and the decisions of RAP.
- Selection of Sweepstakes Winners: One (1) winner will be selected each month from a random drawing from all eligible entries received at the Utility Commercial Energy-saving Kit Program Customer Service Center by the last calendar day of the month. The random drawing each month shall occur on or before the tenth (10th) business day following the last calendar day of the previous month. Eligible entries not selected during any month will remain eligible for selection through the duration of the Sweepstakes.
- Odds of Winning: Odds of winning depend on the number of eligible entries received and neither RAP, nor the Utility can accurately predict the number of eligible entries received.
- Prize: One USD $100 to be awarded in the form of a eGift Card monthly for the duration of the sweepstakes. No prize substitution, exchange or cash redemption of any prize shall be permitted. Prizes are not transferable prior to award. All prizes must be accepted “as is,” and no warranties will be provided by the Program or Sponsor. Limit of one (1) prize per person/household. No more than the number of prizes set forth in these Official Rules will be awarded. All prizes will be awarded. Sponsor will not replace lost or stolen prizes.
Prize Winners are solely responsible for all applicable federal, state and local taxes associated with the prize. The reporting and payment of all tax liabilities incurred by any winner as a result of the Sweepstakes, including but not limited to federal, state, and local income taxes, is the sole responsibility of the Winner. Winner is solely responsible for all other fees or costs associated with the Prize received, regardless of whether it is used, in whole or part. The Winner may be required to provide his/her Social Security Number for tax reporting purposes. The Winner may also be required to complete applicable tax documents and return them to Sponsor.
- Notification: Winners will be notified by email or US mail (specifying the month of the winning entry) no later than the last day of the month following each drawing.Winners who are so notified must respond to claim prize by either calling the Commercial Energy-saving Kit Program Customer Service Center at 1-800-465-6045, or postmarking a letter or postcard to the Commercial Energy-saving Kit Program Customer Service Center, 976 United Circle, Sparks, NV 89431 (including winner’s telephone number and email address), no later than the last day of the month following receipt of notice via U.S. mail or email (e.g., response from winner receiving notice in May of 2018 must be postmarked no later than June 30, 2018). Failure to respond to the notice in a timely manner will result in disqualification and an alternate winner will be selected and notified. Winners may waive their right to receive their $100 gift card by not responding to notice.
Winners may not assign or transfer their $100 gift card and winners agree that the winners are responsible for any taxes and fees associated with receipt or use of a prize, and any other costs or expenses associated with the prize shall also be the responsibility of the winners. Failure to comply with any term or condition of these Official Rules will result in a winner’s disqualification, forfeiture of his or her $100 gift card, and selection of an alternate winner. All entrants agree to receive, via email, U.S. mail or phone, any messages pertaining to their participation in and, as applicable, any notification pertaining to this Sweepstakes.
- Winner’s Affidavit of Eligibility: Potential winners may be required to complete and return an additional affidavit of eligibility and liability/publicity release (the “Affidavit/Release”) within seven (7) calendar days of being notified of the need to complete the affidavit. If a potential winner fails to sign and return the Affidavit/Release within the required time period, that potential winner will be disqualified and a new alternate potential winner will be selected in his/her place at random from all entries received up to that point in time during the entry period.
- Requesting Winner Identities: Entrants may obtain a list of winners by phoning (toll-free) the Commercial Energy-saving Kit Program Customer Service Center at 1-800-465-6045 or by mailing a self-addressed, stamped envelope with the request to the Commercial Energy-saving Kit Program Customer Service Center, 976 United Circle, Sparks, NV 89431. Requests will be honored for 90 days after Sweepstakes ends.
- Use of Winners’ Names and Other Personal Information: By submitting an entry, participants acknowledge that any communication or information transmitted to RAP and/or Utility by mail or otherwise in connection with this Sweepstakes is and will be treated as non-confidential and non-proprietary, and RAP and the Utility may collect, use, and disclose the personal information you provide when you enter this Sweepstakes for the purposes of Sweepstakes administration, prize fulfillment, and providing the list of winners referenced above.
As a condition of entry into the Sweepstakes, except where prohibited by law, each participant by entering and the winner by accepting a Prize grants Sponsor, its parent, subsidiaries or affiliates the universal and perpetual right and license to use, exploit, print, publish, re-produce, display, distribute and broadcast, and to grant others the right and license to use, exploit, print, publish, re-produce, display, distribute and broadcast the winner’s name, actual or simulated likeness, photograph, image, voice, portrait, picture, personal characteristics, biographical information and other personal identification in any and all languages, formats and media now known and hereafter developed in connection with RAP and/or The Utility’s website, the Sweepstakes and/or any Sweepstakes-related activity and any and all advertising, promotion, marketing, and/or publicity thereof including all ancillary and subsidiary rights therein, without additional review, compensation, permission or approval.
- Participation: By their participation, entrants agree to be bound by these Official Rules, which are subject to modification in the sole discretion of program management.
- Construction; Governing Law: These Official Rules shall be governed by and construed in accordance with the laws of the State of Idaho, and venue for any court proceeding arising out of this Agreement shall be in Boise, Idaho.
- Limitation of Liability: By entering the Sweepstakes, entrant agrees (to the maximum extent permitted under applicable law) that: IN NO EVENT SHALL RAP OR THE UTILITY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO LOST OR ANTICIPATED PROFITS, REVENUE OR GOODWILL, INTEREST, AND/OR CLAIMS BY THIRD PARTIES, WHETHER SUCH LOSS IS BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE.
- Release of Liability: By entering the Sweepstakes, entrants agree to fully and irrevocably release and forever discharge RAP and The Utility and their respective parent companies, agents, servants, representatives, employees, former employees, members, officers, directors, insurers, subsidiaries, affiliates, partners, successors and assigns, as well as any and all third parties, whether private or governmental (collectively “Releasees”) from all demands, claims, liabilities, and causes of action entrants may have which arise from or are in any way connected with the Sweepstakes.
- General Conditions: In the event that the operation, security, or administration of the Sweepstakes is impaired in any way for any reason, including but not limited to fraud, virus, or other technical problem, RAP may, in its sole discretion (1) suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; or (2) award the prize at random from among the eligible entries received up to the time of impairment. RAP further reserves the right and may, at any time and without notice or obligation, cancel, terminate, suspend, or modify any Sweepstakes or drawing not capable of completion as planned, including because of infection by computer virus, tampering, unauthorized intervention, or technical or other failures of any sort or any other causes beyond RAP’s reasonable control. RAP further reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and should such an attempt be made, RAP and the Utility reserve the right to seek damages from any such person to the fullest extent permitted by law. RAP’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. If any provision of these Official Rules is held to be void, voidable, contrary to public policy, or unenforceable, that provision will be deemed severable from the Official Rules and the remainder of the Official Rules will continue in full effect as if the severed provision had not been included.
- Official Rules: By entering the Sweepstakes, entrants agree to be bound by these Official Rules which will be available during the Sweepstakes Period. Participants agree to waive any right to claim any ambiguity or error in these Official Rules of the Sweepstakes, or the Sweepstakes itself, and agree to be bound by all decisions of the Administrator, whose decision is binding and final in all respects. Administrator has the right to modify these Official Rules in its sole discretion for clarification purposes without affecting material terms and conditions of the Sweepstakes. Neither the Utility nor RAP are responsible for typographical, printing or other inadvertent errors in these Official Rules or in other materials relating to the Sweepstakes. Administrator also reserves the right to cancel the Sweepstakes at any time, with prior permission from the Utility provided that in the event of such cancellation Administrator shall honor prizes for winners drawn prior to cancellation of the Sweepstakes.
If you have any questions regarding this Sweepstakes, please contact the Idaho Power Commercial Energy-saving Kit Program Customer Service Center (toll-free) at 1-800-465-6045.
Nothing in these Terms and Conditions, nor Customer’s participation in the Program, shall create any employment or agency relationship between Customer and Idaho Power, and nothing related to the Program shall be construed or interpreted to place any obligation on Idaho Power to pay Customer any amounts as a result of Customer’s participation in or expressly referenced in the Program. Neither party shall be deemed an agent, partner, joint venture, or employee of the other party. Customer will comply with all federal, state, and local laws in the performance of this Agreement. Enforcement and interpretation of this Agreement shall be in accordance with the laws of the state of Idaho, notwithstanding its choice of law provisions. Venue shall be in Ada County, Idaho.