RELEASE AND LIMITATION OF LIABILITY: BY PARTICIPATING IN THE SWEEPSTAKES,
YOU AGREE TO IRREVOCABLY RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS
THE RELEASED PARTIES FROM AND AGAINST ALL CLAIMS, DAMAGES OR LIABILITIES
ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM YOUR PREPARATION
FOR, PARTICIPATION AND/OR ENTRY IN, OR TRAVEL TO THE SWEEPSTAKES OR ANY
SWEEPSTAKES-RELATED EVENT AND/OR AWARD, RECEIPT, USE OR MISUSE OF ANY
BULB DISTRIBUTED OR ANY PRIZE AWARDED IN THE SWEEPSTAKES, INCLUDING,
WITHOUT LIMITATION, ANY INJURY, DEATH, OR DAMAGE TO PERSON OR PROPERTY.
EACH WINNER ACKNOWLEDGES THAT HE OR SHE IS SOLELY RESPONSIBLE FOR ANY
ACTIONS, CLAIMS, OR LIABILITIES OF HIS/HER GUESTS RELATED TO THE
SWEEPSTAKES OR ANY SWEEPSTAKES-RELATED ACTIVITY, INCLUDING, WITHOUT
LIMITATION, ACTIONS, CLAIMS, OR LIABILITIES ARISING FROM OR RELATED TO
GUEST’S ATTENDANCE AT THE PRIZE BASEBALL GAME.
Released Parties assume no responsibility and will not be liable for any of the following, whether
caused by a Released Party, the entrant, or by human or other error: (a) entries submitted by
illegitimate means or any unauthorized human or other intervention in the Sweepstakes; (b)
technical, printing, typographical, or other errors; (c) lost, late, misdirected, garbled, illegible or
undeliverable entries, mail, or email or postage-due mail; (d) viruses, computer hardware or
software errors, or other technical or mechanical malfunctions of any kind; (e) interrupted or
unavailable cable, telephonic, or satellite systems or network or Internet service provider
connections; (f) technical or human errors in the administration of the Sweepstakes or the
processing of entries; or (g) injury or damage to persons or property which may be caused, directly
or indirectly, in whole or in part, from your participation in the Sweepstakes or receipt, use or
misuse of any bulb or prize (including, without limitation, preparing for, participating in, and/or
traveling to any prize- or promotion-related activity). You further agree that in any cause of action
arising out of or related to this Sweepstakes, the Released Parties’ liability will be limited to the cost
of entering and participating in the Sweepstakes (which, for clarity, does not include the price of
admission to or travel to the game), and you hereby waive all rights to claim, punitive, incidental,
consequential or special damages, lost profits and/or any other damages. In no event shall any
Released Party be liable for attorneys’ fees. You also agree that your remedies in any such action
are limited to a claim for money damages (if any) and you irrevocably waive any right to seek
injunctive or equitable relief. If, for any reason, the Sweepstakes is not capable of running as
planned for reasons which may include without limitation, tampering, unauthorized intervention,
fraud, technical failures discovery of manufacturing error or other malfunction of the game piece
light bulbs, or any other causes which may corrupt or affect the administration, security, fairness,
integrity or proper conduct of this Sweepstakes, then Xcel Energy reserves the right at its sole
discretion to cancel, terminate, modify or suspend the Sweepstakes in whole or in part and award
the prizes from among all non-suspect, eligible entries received for the second chance drawing
prior to the cancellation, termination, modification, or suspension or as otherwise deemed fair by
Sponsor in its sole discretion. Without limiting the foregoing, Sponsor may modify the
Sweepstakes schedule should the Game fail to take place as scheduled due to inclement weather
or for any other reason.
If any provision of these Official Rules shall be found unlawful, void, or for any reason
unenforceable by a court of competent jurisdiction, then that provision shall be deemed severable
from these Official Rules and shall not affect the validity and enforceability of any remaining
provisions. In the event that any provision is determined to be invalid or otherwise unenforceable
or illegal, these Official Rules will otherwise remain in effect and will be construed in accordance
with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to
insist upon or enforce strict performance of any provision of these Official Rules shall not be