Please read these Official Contest Rules (these “Official Rules”) of NIPSCO, Inc.’s Safe Digging Month Trivia Contest (the “Contest”) on Facebook. You must agree to accept and comply with these Official Rules to participate in the Contest.
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE OR IMPROVE YOUR CHANCE OF WINNING.
Facebook and The Home Depot do not endorse, sponsor, or administer the Contest and have no liability in connection with the Contest.
1. Sponsor. Northern Indiana Public Service Company LLC , an Indiana limited liability company (the “Sponsor” or “NIPSCO”), whose principal business address is 801 E. 86th Ave., Merrillville, IN 46410.
2. Who Can Enter? The Contest is open to all Facebook users who are ages 18 years and older and have an Indiana mailing address.
3. When Can You Enter? The Contest begins and ends at the following times during April and May (each Round a separate “Contest Period”):
- Round 1: The Contest begins at 9:00 a.m. EDT on March 27, 2023 and will end at 11:59 p.m. EDT on April 7, 2023.
- Round 2: The Contest begins at 9:00 a.m. EDT on April 10, 2023 and will end at 11:59 p.m. EDT on April 21, 2023.
- Round 3: The Contest begins at 9:00 a.m. EDT on April 24, 2023 and will end at 11:59 p.m. EDT on May 5, 2023.
4. How to Enter? To enter the Contest, you must complete one or more quiz Rounds and answer the quiz question correctly by using the comment function on the Contest post for the applicable Round. The quizzes must be timely completed during the applicable Contest Period at www.facebook.com/NIPSCO (the “Contest Website”). Facebook does not endorse, sponsor, or administer the Contest and has no liability in connection with the Contest.
5. Other Conditions to Entry. (i) All Internet access and usage charges associated with entering the Contest are your sole responsibility. (ii) Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Contest entries. Sponsor is not responsible for any problems or technical malfunctions of any telephone network or lines, computer on-line systems, servers or providers, computer equipment, software, failure of application or entry to be received by the Sponsor on account of technical problems or traffic congestions on the Internet or at any website, or any combination thereof, including any injury or damage to your or any other person’s computer related to or resulting from participation or downloading any materials in the Contest. Any such entries shall be deemed invalid and ineligible for purposes of the Contest. Incomplete or late entries will be disqualified. Sponsor assumes no responsibility for lost or misdirected entries. (iii) Entries generated by robots or scripts or other automated devices will be deemed to be a direct violation of these Official Rules, and any such entries shall be deemed invalid and ineligible for purposes of the Contest. (iv) Sponsor reserves the right, in its sole judgment, to remove posts that are off-topic, offensive, profane, hateful, harassing, threatening or obscene; contain personal attacks; contain spam or are intended to disrupt the Contest or Contest Website; have links or ads; violate copyright or intellectual property rights; or violate Facebook's Terms of Use. (v) All entries must be received via the Contest Website and recorded by Facebook’s systems (the official Contest time keeping device) by the end of the applicable Contest Period.
6. How Many Times May You Enter? Each quiz completed with the question answered correctly during the applicable Contest Period will be recorded and documented. Each unique contestant (as identified by a unique e-mail address) may take a quiz once during each of the three Rounds constituting the Contest . Although unique contestants may answer the quiz question and be eligible to win during each of the three Contest Periods, a contestant may only be the winner of one Prize during the three Rounds of the Contest. Multiple entries from the same email address, during the same Contest Period, will not be considered.
7. What is the Prize? With respect to the applicable Contest Period, the prize will be the following: a $50.00 Home Depot gift card, and a gardening stool (“Prize). Prize has a value of approximately $104.00. Prizes are not assignable. No substitution, assignment, redemption for cash, or transfer of the Prizes is permitted, except that Sponsor reserves the right to substitute a prize of equal or greater value in the event that any offered Prize becomes unavailable. The Contest is in no way sponsored, endorsed or administered by, or associated with Facebook or The Home Depo. Facebook® is a registered trademark of Facebook, Inc. The Home Depot® is a registered trademark of Home Depot Product Authority, LLC.
8. How are the Prize Recipients Determined? Unique contestants that answer the quiz question correctly during an applicable Contest Period will be entered into a random generator to determine, a winner (the “Prize Recipient”), and their eligibility. The potential Prize Recipients will be determined on or about 12:00 p.m. EDT the following business day (April 8, April 22, and May 6 (the “Prize Determination Date(s)”). Each Prize Recipient will be subject to approval by Sponsor pending confirmation of the Prize Recipient’s compliance with these Official Rules. Although unique contestants may answer the quiz question and be eligible to win during each of the three Contest Periods, a contestant may only be the winner of one Prize during the six-week Contest. All decisions of the Sponsor regarding contestants and the Contest shall be final, binding and non-appealable.
9. How is the Prize Recipient Notified? Shortly after the Prize Determination Dates, the Sponsor will attempt to notify the Prize Recipients by Facebook by private message. The Prize Recipient will be required to provide the following information: name, address, email address, and telephone number. If requested by Sponsor, the Prize Recipient must complete, sign and return proof of identity and/or an affidavit in accordance with Section 12 below. Prize Recipient should allow six to eight weeks after the final Contest Period date to receive the Prize.
10. How Can I Find Out Who Won the Prize? Prize Recipients Facebook name may be revealed on Facebook. To obtain the name of the Prize Recipients (available after the Prize Determination Date), you should send a self-addressed stamped business size envelope, to NIPSCO, LLC., Attn: Public Awareness Department Safe Digging Month Contest Results, 801 E. 86th Ave., Merrillville, IN 46410. Requests received more than sixty (60) days after the applicable Prize Determination Date will not be honored.
11. Ownership of Contest Materials. Once submitted related entry materials and information will become the property of Sponsor and may be used by Sponsor for any purpose including commercial purposes in connection with its business.
12. Proof of Identity and Affidavit. If you are the Prize Recipient, you may be required to: (a) furnish photographic identification in the form of a government issued document; and (b) furnish a signed affidavit or such other documentation (i) acknowledging your acceptance and compliance with these Official Rules, (ii) confirming your eligibility to participate in the Contest, (iii) providing the Sponsor any other reasonably requested information, including, without limitation, your social security number and any other information required for tax reporting purposes, and (iv) acknowledging Sponsor’s rights in and to the Contest entry and Sponsor’s rights to their use as set forth in Section 13, in a form determined by the Sponsor. Failure to furnish such information and signed affidavit within the time period stated in the Sponsor’s request may cause disqualification.
13. Consent to Use Name and Other Information. By entering the Contest or claiming the Prize, contestants consent to and agree to confirm this consent in writing upon request, to the Sponsor and its affiliates (including their agents and assigns), the irrevocable, royalty-free, non-exclusive right, in perpetuity, (i) to the use of their name, voice and likeness , as solely determined by Sponsor, in each case at any time(s) and in all media now known or hereafter discovered, worldwide, including on the Internet and World Wide Web, for advertising, commercial, trade and promotional purposes without additional compensation, unless prohibited by law, and without notice, review or approval. Should Sponsor fail to request any confirmation as stated herein, that shall not be deemed a waiver of Sponsor’s right to do so, and Sponsor may at a later time request the confirmation, and contestants agree to honor such a request. Without limiting the foregoing, Sponsor may reveal Prize Recipient’s Facebook name.
14. Agreement to the Official Rules. By participating in the Contest, you fully and unconditionally agree to accept these Official Rules and the decisions of the Sponsor, which are final and binding in all matters related to the Contest. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with the entry process, voting process or operation of the Contest or website. If, for any reason, the Contest is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, hacking, unauthorized intervention, fraud, voting fraud, technical failures or any other causes which, in sole opinion of the Sponsor, corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Contest, and determine the Prize Recipient from entries received prior to action taken, or as otherwise deemed fair and equitable by Sponsor.
15. Governing Law. These Official Rules and any disputes relating thereto are governed by and shall be construed in accordance with the laws of the State of Indiana, without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any other jurisdiction other than the laws of the State of Indiana. THE CONTEST IS VOID WHEREVER PROHIBITED BY LAW.
16. Release and Indemnification. To the extent allowed by law, you hereby agree to defend, indemnify and hold harmless the Sponsor and Facebook and their parent companies, subsidiaries and other affiliates, and their respective directors, officers, managers, members, partners, agents, employees and representatives, (collectively, “Releasees”), from any and all claims, costs, injuries, losses or damages of any kind caused by your participation in the Contest or participation in any Contest related activity, including, without limitation, infringement of intellectual property rights of others. To the extent allowed by law, you agree that Releasees shall not be liable for injury, loss or damage of any kind resulting from your participation in the Contest or any Contest related activity or from the acceptance or use of any Prize awarded.
17. Taxes. All federal, state, and other tax liabilities arising from the Contest are the sole responsibility of the Prize Recipient. If applicable, a Form 1099 will be sent to the Prize Recipient.
18. Disputes and Waiver of Damages. You expressly agree, irrevocably and in perpetuity, that (i) any and all disputes, claims, actions and causes of actions arising out of or in connection with the Contest, or any Prize awarded hereunder, shall be resolved individually, without resort to any form of class action, and any judicial proceeding shall be brought and shall take place exclusively in a federal or state court located in the State of Indiana; and you agree to submit to the exclusive jurisdiction and venue of such courts, (ii) any and all claims, judgments, damages, and awards shall be limited strictly to actual out-of-pocket costs actually incurred by you and paid to a third party, including costs associated with entering the Contest, but excluding attorneys’ fees, and (iii) under no circumstances shall you be permitted to obtain awards for, and you hereby waive any and all rights to claim, punitive, exemplary, special, consequential, incidental, indirect and/or other damages, other than for actual out-of-pocket expenses actually incurred by you and paid to a third party.
19. Contest Related Terms and Conditions. These Official Rules are in addition to any terms and conditions imposed by Facebook regarding the use of that social media service. In the event of a conflict between such terms and the terms of these Official Rules, the terms of these Official Rules shall control with respect to the Contest.