ReName California Sweepstakes

Official Rules

NO PURCHASE OR TEXT MESSAGE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. TEXT MESSAGING IS NOT REQUIRED FOR ENTRY. EACH TEXT MESSAGE SENT OR RECEIVED MAY INCUR A CHARGE AS PROVIDED IN YOUR RATE PLAN. MESSAGE AND DATA RATES MAY APPLY. IF YOU ENTER VIA TEXT MESSAGING WITH A “YES” OR THUMBS UP EMOJI, YOU AGREE THAT YOU ARE PROVIDING SPONSOR AND ADMINISTRATOR EXPRESS, WRITTEN CONSENT FOR YOU TO RECEIVE UP TO 8 TEXT MESSAGES USING AUTOMATED TECHNOLOGY IN RESPONSE TO YOUR ENTRY. TEXT MESSAGING MAY NOT BE AVAILABLE THROUGH ALL WIRELESS CARRIERS. CONSENT IS NOT REQUIRED TO BUY GOODS AND SERVICES.

1. Eligibility: The ReName California Sweepstakes (the “Sweepstakes”) is open only to legal residents of California who are at least eighteen (18) years old at the time of entry. Employees of DDB San Francisco, the California Public Utilities Commission, the California Energy Commission, the Sequoia Riverlands Trust, Merkle Inc., any independently owned utility companies in the State of California that are governed by the CA Public Utilities Commission and their parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations and is void outside CA and where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules. Sponsor’s and Administrator’s decisions are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein, including consent to a confidential background check to confirm each potential winner’s eligibility and compliance with these Official Rules. Due to the nature of the prize offered, if a background check reveals that a potential winner will bring public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Sweepstakes, the Sponsor or any of the Released Parties, as determined by Sponsor in its discretion, the potential winner may be disqualified.

2. Sponsor: Energy Upgrade California, 500 Van Ness Avenue, San Francisco, CA 94102. Administrator: Merkle Inc., 3000 Town Center, Suite 2100, Southfield, MI 48075.

3. Timing: The Sweepstakes begins on August 5, 2021 at 12:00 p.m. Pacific Time ("PT") and ends on September 5, 2021 at 11:59 p.m. PT (the "Promotion Period") and is composed of the following four (4) challenge periods (each a “Challenge Period”) as set forth in the table below:

Challenge Period Starts at 3:00 p.m. PT on: Ends at 11:59 p.m. PT on:
1 8/12/21 8/18/21
2 8/19/21 8/25/21
3 8/26/21 9/1/21
4 9/2/21 9/5/21


Sponsor’s computer is the official time-keeping device for the Sweepstakes.

4. How to Enter:

(a) Register and Opt-In to SMS Messages Method of Entry: During the Promotion Period, visit www.RenameCalifornia.com and follow the links and instructions to register for the Sweepstakes and opt-in to SMS messages from Sponsor, including providing your name and mobile number. By completing these steps, you automatically will receive one (1) entry into the Sweepstakes. Limit: one (1) Sweepstakes entry, subject to the overall limit below.

By opting-in to SMS messages, you agree that you are providing Sponsor written consent for you to receive recurring text messages using automated technology in response to your opt-in. Message and data rates apply. Consent is not required to buy goods and services. If you wish to opt out, text STOP to 72222. Text HELP to 72222 if you would like more information. Send questions to [email protected]. Your participation is subject to the Sponsor’s Privacy Policy (https://www.energyupgradeca.org/privacy-policy/) and its SMS Terms and Conditions (https://www.energyupgradeca.org/terms-and-conditions/).

Additional Sweepstakes Entries Via Text Message: Once you have entered the Sweepstakes via method 4(a) and remain opted-in for Sponsor’s messages, during each Challenge Period, you will receive an SMS message from Sponsor containing a “challenge” (“Goldie’s Text Challenge”). Using your 2-way text-messaging-capable device (each a “Device”), text a reply to Goldie’s Text Challenge with a “Yes” or thumbs up emoji answer during the applicable Challenge Period. You will then receive 1 additional entry into the Sweepstakes. If you wish to opt out, text STOP to 72222. Text HELP to 72222 if you would like more information. Send questions to [email protected]. By texting a “Yes” or thumbs up emoji reply to Goldie’s Text Challenge, you agree that you are providing Sponsor and Administrator express, written consent for you to receive up to 8 text messages using automated technology in response to your entry. Limit: one (1) additional entry per Challenge Period and up to four (4) additional entries during the Promotion Period, subject to the overall limit below.

If you enter the Sweepstakes by opting-in to messages or by text message, your wireless service provider's text message and data rates may apply. Entrants should consult their wireless service provider’s pricing plan for details. You agree to incur any and all charges demanded by your wireless carrier. The Device that is used must be capable of sending and receiving text messages. Entrants should check their Device’s features to see if they have that capability and check the Device manual for specific use instructions. Entry via text messaging may be limited and may not be available through all wireless carriers or on all handsets. Supported carriers include AT&T™, T-Mobile, Verizon Wireless, UScellular, Sprint, Boost Mobile, Alltel, Cincinnati Bell, Cricket, and Metro PCS. Consent is not required to buy goods and services. Your participation is subject to the Sponsor's Privacy Policy (https://www.energyupgradeca.org/privacy-policy/) and its SMS Terms and Conditions (https://www.energyupgradeca.org/terms-and-conditions/).

(b) Mail-in Alternate Method: To enter without opting-in to SMS messages, using a Device or text messaging, print your name, address, phone number, email address, and date of birth on a piece of paper and mail it in an envelope with proper postage to “ReName California Sweepstakes,” c/o Merkle Inc., P.O. Box 5025, Department 849166, Kalamazoo, MI 49003-5025. You will receive one (1) entry into the Sweepstakes. Limit: One (1) entry per envelope and up to five (5) entries total, subject to the overall limit below. All mail-in entries must be postmarked by September 7, 2021 and received by September 14, 2021. All entries become the exclusive property of Sponsor and none will be acknowledged or returned. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible, illegible, misdirected or postage-due entries, which will be disqualified.

Limit: Up to five (5) Sweepstakes entries per person during the Promotion Period, regardless of method of entry. Multiple entrants are not permitted to share the same email address, mobile number or Device. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email addresses, mobile numbers, Devices, identities, registrations and logins, or any other methods will void that entrant's entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any registration, the authorized account holder of the email address used to register will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each potential winner may be required to show proof of being the authorized account holder.

5. Grand Prize Drawing: Receiving a prize is contingent upon compliance with these Official Rules. Administrator is an independent judging organization whose decisions as to the administration and operation of the Sweepstakes and the selection of the potential winners are final and binding in all matters related to the Sweepstakes. Administrator will randomly select the potential Sweepstakes winners from all eligible entries received during the Promotion Period, on or around September 20, 2021. The potential winners will be notified by phone. Each potential winner will be required to sign and return a Declaration of Compliance, Liability Waiver and Publicity Release ("Declaration"), including consent to a confidential background check, which must be received by Administrator within seven (7) days of the date notice or attempted notice is sent, in order to claim his/her prize. If a potential winner of any prize cannot be contacted or fails to sign and return the Declaration or provide any other requested information within the required time period, the potential winner forfeits his/her prize. If the background check reveals that a potential winner has engaged in conduct that could bring Sponsor public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Sweepstakes, Sponsor or any of the Released Parties, as determined by Sponsor in its discretion, Sponsor may disqualify potential winner. In the event that a potential winner is disqualified for any reason or forfeits the prize, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. Only three (3) alternate drawings will be held, after which the prize will remain un-awarded.

6. Prizes: THREE (3) GRAND PRIZES: Winner will receive the opportunity to nominate up to three (3) names for a geographical feature chosen by Sponsor in its sole discretion and located on property owned by Sequoia Riverlands Trust in California (each a “Nominated Name”). There is no approximate retail value for this prize.

A Nominated Name must conform to the following Guidelines:

Approval and use of a Nominated Name is within the sole discretion of Sponsor and the Sequoia Riverlands Trust. Sponsor and the Sequoia Riverlands Trust specifically reserve the right not to approve or use any Nominated Name for any reason. If approved, a Nominated Name shall only be used for up to seven (7) years pursuant to Sponsor’s license.

Providing Nominated Names constitutes winner’s release of any rights he/she maintains in the suggested Nominated Names. Consequently, Sponsor, the Sequoia Riverlands Trust and its respective designees may use the aforementioned Nominated Names freely and in any manner that it seeks without any compensation as the winner conveys all rights to Sponsor, including but not limited to use on plaques or maps, and in advertising or promotional materials for use in any media now known or hereafter devised, without territorial or time limitation. If requested, winner will sign any documentation that may be required for Sponsor, the Sequoia Riverlands Trust or its respective designees to perfect its use, license or ownership in the Nominated Names.

Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use, if any. Odds of winning a prize depend on the number of eligible entries received during the Promotion Period. Limit: 1 prize per person.

7. Release: By acceptance or use of any prize, winners agree to release and hold harmless Sponsor, Administrator, DDB San Francisco, a division of DDB Worldwide Communications Groups, Inc., the California Public Utilities Commission, the California Energy Commission, the Sequoia Riverlands Trust, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claims, costs, losses, damages or causes of action of any kind arising out of participation in the Sweepstakes or receipt or use or misuse of the Nominated Name, including, but not limited to, personal injury, death, damage to reputation or damage to or loss of property. Further,

I agree that the above release shall be effective as a full and general release of all legal claims described in the release, whether I actually know about such claims or not, despite the fact that the California Civil Code Section 1542 may provide otherwise. I am aware that Section 1542 provides as follows:

A General Release does not extend to the claims which the creditor does not know or suspect to exist in his or her favor at the time or executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.

8. Publicity Release: Except where prohibited, participation in the Sweepstakes constitutes each winner’s agreement and consent to Sponsor’s and its designees’ use of winner’s name, likeness, photograph, voice, opinions, Nominated Names and/or hometown and state for informational, advertising and promotional purposes in any media, worldwide, without further payment or consideration.

9. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, if any fraud, technical failures, human error, or any other factor impairs the integrity or proper functioning of the Sweepstakes, or any event or cause beyond Sponsor’s control (e.g. events such as natural calamities, national emergencies, wide spread illnesses, declarations of war, acts of God, acts of terrorism) interferes with any aspect of the Sweepstakes, including but not limited to fulfillment of the prize(s), as determined by Sponsor in its sole discretion. In such event, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance and may modify the prizes offered herein. Sponsor 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 the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

10. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use or misuse of any prize. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes, if it is possible. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims. Released Parties are not responsible for any unauthorized third-party use of any Nominated Name.

11. Disputes: You agree that any claim or dispute at law or equity that has arisen or may arise relating in any way to or arising out of the Sweepstakes, the Official Rules, or the Sponsor's and/or Administrator's Privacy Policy (including SMS Terms and Conditions) will be resolved in accordance with the provisions set forth in this Dispute Resolution section. Please read this section carefully. It affects your rights and will have a substantial impact on how claims you and we have against each other are resolved.

You agree that whenever you have a disagreement with Administrator or Sponsor arising out of, connected to, or in any way related to the Sweepstakes, the Official Rules, or the Sponsor's and/or Administrator's Privacy Policy (including SMS Terms and Conditions), you will send a written notice to the Administrator (“Demand”). You agree that the requirements of this Dispute Resolution section will apply even to disagreements that may have arisen before you accepted these Official Rules or the Sponsor's and/or Administrator's Privacy Policy (including SMS Terms and Conditions). You must send the Demand to the following address (the “Notice Address”): Legal Department, Merkle Inc., 3000 Town Center, Suite 2100, Southfield, MI 48075. You agree that you will not take any legal action, including filing a lawsuit or demanding arbitration, until 10 business days after you send a Demand. If the disagreement stated in the Demand is not resolved to your satisfaction within 10 business days after it is received, and you intend on taking legal action, you agree that you will file a demand for arbitration with the American Arbitration Association (the “Arbitrator”). This arbitration provision limits the ability of you, Administrator, and Sponsor to litigate claims in court and you, Administrator, and Sponsor each agree to waive your respective rights to a jury trial or a state or federal judge. You agree that you will not file any lawsuit against Administrator or Sponsor in any state or federal court. You agree that if you do sue in state or federal court, and Administrator or Sponsor brings a successful motion to compel arbitration, you must pay all fees and costs incurred by Administrator and Sponsor in court, including reasonable attorney’s fees. For any such filing of a demand for arbitration, you must effect proper service under the rules of the Arbitrator and notice to the Notice Address may not be sufficient. If, for any reason, the American Arbitration Association is unable to conduct the arbitration, you may file your case with any national arbitration company. The Arbitrator shall apply the AAA Consumer Arbitration Rules effective September 1, 2014 (and as may be amended) and as modified by the agreement to arbitrate in this Dispute Resolution section. You agree that the Arbitrator will have sole and exclusive jurisdiction over any dispute you have with Administrator or Sponsor. The Federal Arbitration Act allows for the enforcement of arbitration agreements and governs the interpretation and enforcement of the agreement to arbitrate. The place of arbitration shall be Oakland County, Michigan.

You agree that you will not file a class action or collective action against Administrator or Sponsor, and that you will not participate in a class action or collective action against them. You agree that you will not join your claims to those of any other person. Notwithstanding any other provision in the Official Rules, or the Sponsor's and/or Administrator's Privacy Policy (including SMS Terms and Conditions), if this class action waiver is invalidated, then the agreement to arbitrate is null and void, as though it were never entered into, and any arbitration dispute at that time will be dismissed without prejudice and may be refiled in a court. Under no circumstances do you, Administrator, or Sponsor agree to class or collective procedures in arbitration or the joinder of claims in arbitration. Administrator and Sponsor agree that we will submit all disputes with you to arbitration before the Arbitrator.

All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant, Administrator, and Sponsor in connection with the Sweepstakes, or any claim or dispute that has arisen or may arise between you, Administrator and Sponsor, shall be governed by, and construed in accordance with, the laws of the State of Michigan without giving effect to any choice of law or conflict of law rules.

This arbitration provision shall survive conclusion, modification or termination of the Sweepstakes and suspension, revocation, closure, modification, or amendments to the Official Rules, the SMS Mobile Terms and Conditions, and any aspect of the relationship of the parties relating to or arising from participation in the Sweepstakes.

12. Entrant's Personal Information: Information collected from entrants is subject to Sponsor’s Privacy Policy https://www.energyupgradeca.org/privacy-policy/.

13. Winner List: For a winner list, visit https://bit.ly/2WmeYHn. The winner list will be posted after winner confirmation is complete.

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