Purpose. On occasion, Freedom Solar LLC (“Freedom Solar”, “us”, “our”, or “we”) runs giveaways to allow users of Social Media Platforms (as defined below) to win products and/or services (“Social Media Giveaways”). These Official Rules for Freedom Solar Power Social Media Giveaways (these “Rules”), together with any additional terms included in a Social Media Giveaway advertisement or posting (the “Additional Rules”), govern our Social Media Giveaways. In the event of any conflict between these various terms, our Social Media Giveaways will be governed in accordance with the following order of precedence: first, the Additional Rules; and, second, these Rules.
By entering any Social Media Giveaway, you fully and unconditionally agree to be bound by these Rules and the Additional Rules, and represent that you satisfy all eligibility requirements for the Social Media Giveaway.
Sponsor. The Social Media Giveaways are sponsored by Freedom Solar. They are not sponsored or administered by any other company (including, without limitation, Instagram, Facebook, YouTube, TikTok, or any other social media platform (each a “Social Media Platform”), which are not associated with and do not endorse our Social Media Giveaways). By entering a Social Media Giveaway, you agree to release all Social Media Platforms on which the applicable Social Media Giveaway appears of any obligation, expectation, claim, or liability of any kind in connection with your Entry (as defined below) or the Social Media Giveaway.
Binding Agreement. As described above, to enter or participate in a Social Media Giveaway and potentially receive a prize, you must fully and unconditionally agree to be bound by these Rules and the Additional Rules. By entering a Social Media Giveaway, you represent that you have read these Rules and the Additional Rules prior to your Entry and that you fully and unconditionally understand and agree to them.
Eligibility. To be eligible to enter a Social Media Giveaway, you must be an individual, natural person not acting on behalf of or at the behest of any entity or business and at least eighteen (18) years old and a legal resident of (and currently located in) the contiguous United States (i.e., residents of Alaska, Hawaii, and any offshore territories and other locations are not eligible to participate). Employees, officers, and directors of Freedom Solar or any Social Media Platform on which the Social Media Giveaway appears (including any of their respective parent companies, affiliate companies, subsidiaries, agents, professional advisors, advertising, promotional, public relations, and fulfillment agencies, consultants, legal counsel, website providers, and web masters), and their immediate family members (i.e., parents, children, spouses or partners, grandparents, grandchildren, aunts, uncles, nieces, or nephews), are not eligible to enter a Social Media Giveaway or win a prize. If the prize offered by Freedom Solar pursuant to a Social Media Giveaway exceeds $500, residents of Rhode Island are not eligible to participate in the Social Media Giveaway. Individuals who participate in a Social Media Giveaway but are not eligible for these reasons or for any reason under statutory or common law or any rule or regulation shall have any award canceled, and they must, at Freedom Solar’s discretion, return any prize mistakenly delivered to them.
How to Enter. To enter a Social Media Giveaway, follow the instructions provided in the Additional Rules during the Giveaway Period (as defined below). You must have an account with the Social Media Platform through which you enter the Social Media Giveaway. All Social Media Platforms that Freedom Solar uses to launch its Social Media Giveaways are free for you to join. If your entry does not comply with the Additional Rules, which could, by way of example, require you to use a specific hashtag or hashtags, follow @freedomsolarpower or another social media account or accounts, share a social media post, or tag a social media contact, you will not be eligible to win a prize. PARTICIPATION IN A SOCIAL MEDIA GIVEAWAY IS VOLUNTARY AND NO PURCHASE IS NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
Upon completing these steps, you will receive one entry into the Social Media Giveaway. Any attempts to obtain additional entries beyond the limit stated in the Additional Rules, including through multiple or duplicate social media accounts, fraud, or other illegitimate means, will result in disqualification for the applicable Social Media Giveaway and, at Freedom Solar’s discretion, future Social Media Giveaways.
By submitting an entry to a Social Media Giveaway in the manner described above (an “Entry”), you agree that your Entry conforms to the guidelines and restrictions set forth in the section directly below. Freedom Solar may choose to remove any Entry or disqualify you from the Social Media Giveaway if Freedom Solar believes that your Entry fails to conform with these guidelines and restrictions.
Entry Guidelines and Restrictions. Your Entry to a Social Media Giveaway must comply with the following guidelines and restrictions:
- Your Entry must not include or refer to untruthful, incomplete, inaccurate, or misleading information.
- Your Entry must be made on your own behalf, as an individual, and not as a representative, agent, or employee of any third party.
- Your Entry must be your original creation and be fully owned by you, or, alternatively, you must all rights necessary to grant the license and other rights that you grant to Freedom Solar in these Rules.
- Your Entry and your social media accounts must not (in Freedom Solar’s discretion): (i) violate any third-party rights, including copyrights, trademark rights, or rights of privacy and publicity; (ii) contain disparaging or defamatory statements; (iii) include threats to any person, place, business, or group; (iv) be obscene, offensive, or indecent; (v) depict any risky behavior; (vi) contain material that promotes bigotry, racism, hatred, disrespect, or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age; or (vii) contain unauthorized third-party trademarks or logos.
- You represent and warrant that your Entry: (i) does not violate any applicable law, rule, or regulation; (ii) to the extent it depicts any individual or features the voice or other qualities of any individual, you are the individual pictured, heard, or otherwise featured in the Entry, or, alternatively, that you have obtained written permission from each person appearing in the Entry to grant the rights to Freedom Solar described in these Rules, and will make written copies of such permissions available to Freedom Solar upon request; (iii) complies with the terms of use and any community guidelines of the Social Media Platform through which you entered the Social Media Giveaway; and (iv) complies with all requirements of these Rules and the Additional Rules.
Identity of Entrant. All Entries must be submitted by the individual entrant. Bulk or automated Entries will be disqualified (including Entries made using any script, macro, bot, or promotional service). Multiple entrants are not permitted to share the same email account. If there is a dispute about the identity of the entrant, Entries will be declared made by the authorized account holder of the email address associated with the account through which the Entry is made. An “authorized account holder” means the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, and educational institution) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. A potential winner may be required to provide Freedom Solar with proof that a potential winner is the authorized account holder of the account associated with the winning Entry.
Giveaway Period. The start and end dates and times of each of our Social Media Giveaways (the “Giveaway Period”) will be set forth in the Additional Rules. The official time for the Giveaway Period shall be determined by Freedom Solar’s computer systems. All dates are subject to change.
All Entries must be received during the Giveaway Period and comply with all other requirements in these Rules and the Additional Rules to be eligible to win a prize. Any Entries received before or after the Giveaway Period will not be entered into the Social Media Giveaway.
Selection and Notification of Winner(s). Following the Giveaway Period, within the time period specified in the Additional Rules, Freedom Solar will select potential winner(s) of the prize by random selection from Entries that fully comply with these Rules and the Additional Rules. Each potential winner will be notified via direct message on the Social Media Platform through which they entered the Social Media Giveaway. The potential winner(s) are subject to validation and verification of eligibility and compliance with these Rules and the Additional Rules, and may be required, at the Freedom Solar’s discretion, to provide additional information and to sign and return a liability release, a publicity release, and/or tax-related documents as a condition to being selected as a winner. The potential winner(s) must respond to the direct message and provide all requested information and signed documents within 48 hours after the direct message is delivered. If a potential winner does not respond with the requested information and signed documents within 48 hours after the direct message is delivered, the potential winner may be disqualified and Freedom Solar may select another potential winner. The potential winner(s) who first meets these and the other requirements set forth in these Rules, in the Freedom Solar’s discretion, will be determined by Freedom Solar to be the winner(s) (“Winner(s)”). EACH POTENTIAL WINNER IS SUBJECT TO VERIFICATION BY FREEDOM SOLAR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SOCIAL MEDIA GIVEAWAY. AN ENTRANT IS NOT A WINNER UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE AND NO FURTHER ACTION IS NEEDED.
Winner(s) Announcement. The abbreviated name (first name and last initial) of the Winner(s) will be available upon written request directed to Attn: Marketing Department, Freedom Solar LLC, 4801 Freidrich Ln, Suite 100, Austin, TX 78744, for 90 days after the end of the Giveaway Period. Freedom Solar, however, reserves the right, in its discretion, to publicly make available the full name, hometown, and other personal information of the Winner(s) in accordance with the section entitled “Use of Name and Likeness” below.
Prize. Subject to these Rules and the Additional Rules, each Winner will receive the prize specified in the Additional Rules. The Additional Rules will also specify the prize value(s) and anticipated number of Winners.
No transfer, substitution, or cash equivalent for prizes is allowed, except that Freedom Solar reserves the right, in its discretion, to substitute a prize, in whole or in part, of equal or greater monetary value if a prize cannot be awarded, in whole or in part, as described for any reason. Each prize shall be awarded “as is” and “without warranty of any kind,” express or implied (including any implied warranty of merchantability or fitness for a particular purpose).
Odds of Winning. Odds of winning a Social Media Giveaway will depend on both the number of anticipated Winners and the number of Entries received during the Giveaway Period.
Taxes. Each Winner is solely responsible for, and agrees to release, indemnify, and hold harmless Freedom Solar and the other Released Parties (as defined below) from, all federal, state, and local taxes associated with the Winner(s)’ receipt and use of the prize.
General Conditions. All federal, state, and local laws and regulations apply and the Social Media Giveaway is void where prohibited by law. Freedom Solar reserves the right to disqualify any Entry from the Social Media Giveaway if, in Freedom Solar’s discretion, it reasonably believes that the Entry resulted from an attempt to undermine the legitimate operation of the Social Media Giveaway by fraud, cheating, deception, or other unfair practices or annoys, abuses, threatens, or harasses any other entrants or Freedom Solar. Entries using automated means of any kind are prohibited.
Privacy. You agree that personal data submitted with an Entry may be collected, processed, stored, and otherwise used by Freedom Solar and its affiliates for the purposes of conducting and administering the Social Media Giveaway. You also agree that any personal data submitted by you in connection with an Entry may be used in connection with Freedom Solar’s and its affiliates’ promotional, marketing, and advertising purposes. Without limitation, Freedom Solar may from time to time use your personal information to send you updates on its products and services, as well as promotional materials. By entering the Social Media Giveaway, you fully and unconditionally agree to the terms of Freedom Solar’s Privacy Policy.
Right to Use Name, Image, and Likeness. To the fullest extent permitted by applicable law, Entry into a Social Media Giveaway constitutes permission to use and/or repost your name, city, state, aural and visual likeness and prize information, as well as any of your images, screenshots, videos, and/or audio recordings linked, tagged, or copied to any of our social media accounts, for advertising, marketing, promotional, and educational purposes, without limitation and without further permission or compensation (including, at Freedom Solar’s discretion, in a public-facing Winner(s) list). By entering a Social Media Giveaway, you consent to being contacted by Freedom Solar for any purpose in connection with the Social Media Giveaway.
License to Entry. By entering a Social Media Giveaway and providing your Entry in connection with the Social Media Giveaway, you hereby grant to Freedom Solar a perpetual, irrevocable, royalty-free, worldwide, and nonexclusive license (with the right to sublicense) to publish, reproduce, display, perform, distribute, adapt, edit, modify, translate, create derivative works based upon, and otherwise use and sublicense your Entry, or any portion thereof (including your name and likeness as shown and conveyed in the Entry), in connection with the Social Media Giveaway and for other advertising, marketing, and promotional purposes, and to incorporate Entries, in whole or in part, into other works in any manner, form, media, or technology now known or later developed. Freedom Solar will have no obligation to publish, use, or retain any Entry you submit or to return any such Entry to you. You agree that it is your sole responsibility to obtain all permissions and releases necessary for the grant of the rights contained in this paragraph. You agree to take, at Freedom Solar’s expense, any further action (including execution of affidavits, tax forms, and other documents) reasonably requested by Freedom Solar to effect, perfect, or confirm Freedom Solar’s rights as set forth above in this paragraph. You will not be entitled to compensation for any use by Freedom Solar, or its agents, licensees, or assignees, of your Entry.
Release, Indemnification, and Acknowledgement of Disclaimer of Warranties. By entering the Social Media Giveaway, and to the maximum extent permitted by law, you agree to release, defend, indemnify, and hold harmless Freedom Solar, each of Freedom Solar’s subsidiaries, affiliates, distributors, and suppliers, and their respective employees, officers, directors, agents, and representatives (the “Released Parties”) from and against any and all claims, actions, suits, proceedings, losses, liabilities, damages, fines, costs, and/or expenses of any kind (including, without limitation, reasonable attorney fees) arising out of or relating to the Social Media Giveaway, including but not limited to: (i) any misrepresentation you make in connection with the Social Media Giveaway; (ii) any non-compliance by you with these Rules or the Additional Rules; (iii) claims brought by persons or entities other than the parties to these Rules arising from or related to your or other entrants’ Entry into or involvement with the Social Media Giveaway; (iv) acceptance, possession, misuse, or use of any prize or participation in any Social Media Giveaway-related activity or participation in the Social Media Giveaway; (v) any malfunction or other problem with a Social Media Platform’s or Freedom Solar’s e-mail or computer systems in relation to the Entry and participation in the Social Media Giveaway by you; (vi) any error in the collection, processing, or retention of Entry in relation to the Entry and participation in the Social Media Giveaway by you; or (vii) any typographical or other error in the printing, offering, or announcement of any prize or winners in relation to your Entry and participation in the Social Media Giveaway.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FREEDOM SOLAR DISCLAIMS LIABILITY FOR, AND IN NO EVENT WILL THE FREEDOM SOLAR BE LIABLE FOR, ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR PARTICIPATION IN A SOCIAL MEDIA GIVEAWAY OR USE OR INABILITY TO USE ANY EQUIPMENT PROVIDED FOR USE IN THE SOCIAL MEDIA GIVEAWAY OR ANY PRIZE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE RELEASED PARTIES (JOINTLY) ARISING OUT OF OR RELATING TO YOUR PARTICIPATION IN THE SOCIAL MEDIA GIVEAWAY OR USE OF OR INABILITY TO USE ANY EQUIPMENT PROVIDED FOR USE IN THE SOCIAL MEDIA GIVEAWAY OR ANY PRIZE EXCEED $10. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT EXCLUDE OR LIMIT LIABILITY FOR THE RELEASED PARTIES’ GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT, OR FRAUD.
Intellectual Property Notice. Freedom Solar Power and Freedom Solar are trademarks of Freedom Solar LLC The Social Media Giveaways and all accompanying materials are copyright © 2023 by Freedom Solar LLC, All rights reserved.
Forum, Choice of Law, and Recourse to Judicial Procedures. These Rules shall be governed by, subject to, and construed in accordance with the laws of the State of Texas (without regard to its choice of law provisions). You acknowledge and agree that any action relating to or arising from these Rules or the Social Media Giveaway shall be commenced and conducted only in a federal or state court with subject matter jurisdiction in Travis County, Texas. You hereby waive any personal jurisdiction challenges and waive any arguments based on forum non conveniens.
Miscellaneous. Entrants agree to be bound by these Rules and by the decisions of Freedom Solar, which are final and binding in all respects. Freedom Solar reserves the right, in its discretion and without prior notice, to suspend or cancel the Social Media Giveaway or alter these Rules for any reason, including but not limited to alteration or corruption of the administration of the Social Media Giveaway by computer virus, technical problem, or other unexpected or unforeseeable event. Freedom Solar reserves the right to change these Rules at any time, in its discretion, and to modify, suspend or cancel any Social Media Giveaway or any entrant’s participation in any Social Media Giveaway should viruses, bugs, unauthorized human intervention, pandemics, public disruptions, or other causes beyond Freedom Solar’s reasonable control affect the administration, security, or proper play of the Social Media Giveaway, or Freedom Solar otherwise becomes (in its discretion) incapable of running the Social Media Giveaway as planned. Entrants who violate these Rules, violate any law, rule, or regulation in connection with participation in the Social Media Giveaway, tamper with the operation of the Social Media Giveaway or engage in any conduct that is detrimental or unfair to Freedom Solar, the Social Media Giveaway, or any other entrant (as determined in Freedom Solar’s discretion) are subject to disqualification from the Social Media Giveaway. Freedom Solar reserves the right to lock out persons whose eligibility is in question or who have been disqualified or are otherwise ineligible to enter the Social Media Giveaway. Freedom Solar reserves the right to disqualify any Entries received that contain inappropriate or offensive content. Freedom Solar’s failure to enforce any term of these Rules will not constitute a waiver of that provision. Any provision of these Rules deemed unenforceable will be enforced to the extent permissible, and the remainder of these Rules will remain in effect. The use of the terms “include” or “including” in these Rules is illustrative and not limiting.
If any provision(s) of these Rules is held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. The party prevailing in any suit seeking the interpretation or enforcement of any provision of these Rules shall recover its reasonable attorneys’ fees incurred.
The Social Media Giveaways are in no way sponsored, endorsed, or administered by, or otherwise associated with, any Social Media Platform.
Communications regarding any Social Media Giveaway should be delivered to Freedom Solar LLC, Attn: Marketing Department, 4801 Freidrich Ln, Suite 100, Ausitn, TX 78744.
BY PARTICIPATING IN THE SOCIAL MEDIA GIVEAWAY, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE RULES AND THE ADDITIONAL RULES, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.