Terms & Conditions
Weekly CES Picks Contest and Giveaway
“Official Rules”
Administrator: City Electric Supply Company, a Florida corporation
Promoting Office: 400 S. Record Street, Suite 400, Dallas, Texas 75202
This Promotion is in no way sponsored, endorsed, or administered by or associated with any of the following entities or any official sponsor or affiliate thereof: the National Football League (“NFL”), any professional football team, any vendor (including but not limited to: Milwaukee, Legrand, Klein, Generac, and Lutron), Apple, or Google. Entrants are providing their information to Administrator and not to any other party.
THESE OFFICIAL RULES ARE A CONTRACT— READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES A RELEASE AND LICENSE FROM YOU, AND A LIMITATION OF CERTAIN OF YOUR RIGHTS AND REMEDIES. NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
1. Eligibility: The Weekly CES Picks Contest and Giveaway; which includes various contests and giveaways occurring weekly, at the conclusion of the Promotion Period (defined below), and from time to time during the Promotion Period (collectively and individually referred to as the “Promotion”); is open only to legal residents of the United States (including the District of Columbia) who are at least eighteen (18) years old at the time of entry and are registered members of the CES Picks application (registration and download is free and is further described below) (“Entrant(s)”). The Promotion is subject to all applicable federal, state, and local laws and regulations and is void where prohibited. Participation in the Promotion constitutes Entrant’s full and unconditional agreement to abide by these terms and conditions (“Official Rules”), including the arbitration clause in Section 15, and Administrator’s decisions, which shall be final and binding in all matters related to the Promotion.
Winning a prize is contingent upon the Entrant fulfilling all requirements set forth herein. Proof of eligibility must be provided upon request.
2. Timing: The Promotion begins on Thursday, September 4, 2025, at 6:20 p.m. CT and ends on the day of and at the conclusion of the final NFL regular season game (for a total duration of eighteen (18) weeks) (the “Promotion Period”). The Administrator’s computer is the official time-keeping device for the Promotion. The Promotion Period and any other dates stated in these Official Rules may be adjusted to accurately account for changes made by the NFL to the time or number of games and weeks played during the 2025 NFL regular season. Entrants are responsible for: (i) determining the corresponding time zone in their respective jurisdiction, and (ii) determining any updates made to the NFL schedule.
3. How to Enter:
- Promotion Access. To access the Promotion, download the CES Picks application from Apple or the Google Play store (the “App”) and follow the on-screen instructions to register. Download and registration are completely free, and the Promotion is free to play. Log-in to or register your CES Picks account during the Promotion Period and complete the entry process for the Promotion.
- CES Picks Entry. All regular season games for the 2025 NFL football season will be listed on the App. To enter the Promotion: each week, you will need to select a team to win for each game on the schedule. Select the team that you think will win the game by clicking the team and then clicking “Save.” All submissions are due five (5) minutes before each game’s kickoff.
- Scoring: You will receive one picks point for every point the winning team scores when the team you picked wins (“CES Picks Point”). If you selected the losing team, no CES Picks Points are awarded. Your weekly CES Picks Points are determined by combining the total amount of CES Picks Points earned within that week.
- Tie Breaker: Each week, you will also submit a guess as to the total combined points scored by all four teams in the last two NFL games of the week; this number is your “Tie Breaker Score,” and will be submitted at the bottom of your picks selections. After the games are completed, the actual final scores from all four teams in the last two games will be tallied to obtain the “Actual Tie Breaker Score.” If two or more Entrants have the same number of CES Picks Points, the Entrant whose Tie Breaker Score is closest to the Actual Tie Breaker Score will win. If there’s still a tie (i.e., two Entrants guessed the same Tie Breaker Score), the winner will be the Entrant who submitted their Tie Breaker Score earliest.
- Point Accumulation: CES Picks Points accumulate throughout the Promotion Period.
THE INFORMATION YOU PROVIDE WILL BE USED TO ADMINISTER THE PROMOTION. LIMIT ONE (1) ENTRY PER WEEKLY PERIOD: (a) PER PERSON (REGARDLESS OF THE NUMBER OF EMAIL ADDRESSES OR REGISTERED MEMBER ACCOUNTS), OR (b) PER EMAIL ADDRESS (REGARDLESS OF WHETHER MORE THAN ONE PERSON USES THE SAME EMAIL ADDRESS).
- Conditions of Entry. By entering or participating in this Promotion, Entrant agrees to be bound by these Official Rules and the decisions of Administrator and its authorized representatives, which are final and binding in all matters concerning this Promotion. Entries not legitimately submitted in accordance with these Official Rules are void. Only qualified entries timely received by Administrator during the Promotion Period are eligible for participation. All entries become the property of Administrator and will not be acknowledged or returned. Administrator may use any entry submissions in future promotional materials or however is deemed fit. The Entrant may not be notified of use and will not receive compensation. Entrants may be required to provide the following information to be eligible for a Promotion prize: first name, last name, month, day and year of birth, email address, complete mailing address and phone number (collectively or individually, “Personal Information”). Unintelligible entries; entries with incomplete, invalid, incorrect or noncurrent information; entries that are counterfeit, damaged or tampered with in any way; and entries with printing, production or typographical errors will be disqualified. Entries that are late, lost, damaged, misdirected, stolen or not delivered are not the responsibility of Administrator and will be disqualified. Administrator is not responsible if a potential winner does not receive his or her prize because erroneous, expired, canceled, fraudulent, or fake information was provided during Promotion. Participation must be by Entrant. Participation by any other individual or entity, or originating at any other website, email address, or phone number, including, but not limited to, commercial promotion, subscription notification, and promotion entering service sites, is invalid and will be disqualified from this Promotion. Any attempt to undermine the operation of the Promotion may be a violation of criminal or civil law, and Administrator may seek damages to the fullest extent permitted by law from any person it finds to have made such an attempt.
4. Selection and Verification of Potential Winners: Receiving a prize is contingent upon compliance with these Official Rules. The potential Promotion winners will be notified via verified email. In the event that a potential Promotion winner is disqualified for any reason, the prize that would normally be awarded to that person will be forfeited. The potential winners may be required to sign and return appropriate forms and/or documentation, including tax forms, an Affidavit of Eligibility, a Liability Release and/or where legally permissible a Publicity Release (“Required Documents”). Failure to sign and return such forms within the requisite timeframe could result in disqualification. If you are a potential winner, your name may be used in the Promotion to announce that you are a winner.
5. Prizes:
The total approximate retail value of all prizes for the Promotion is: $41,257.84
- WEEKLY PRIZE: Three (3) Weekly Prize winners will be selected to receive one of the following Weekly Prizes each week of the Promotion Period. The Weekly Prizes will be based on Entrant’s standings in the weekly leaderboard. Weekly Prize winners will receive a redeemable Visa gift card in the amount described below via their verified email address. In the event of a tie between multiple first, second, or third place winners, the winner will be determined in accordance with Section 3(b)(ii) above.
- Weekly first place winner (Entrant with the most CES Picks Points that week) will receive a $500 Visa gift card.
- Weekly second place winner (Entrant with the second most CES Picks Points that week) will receive a $400 Visa gift card.
- Weekly third place winner (Entrant with the third most CES Picks Points that week) will receive a $300 Visa gift card.
- The total retail value of the Weekly Prize over the course of the Promotion Period is: $21,600.00.
- GRAND PRIZE: Entrant’s weekly CES Picks Points will accumulate throughout the Promotion Period. One (1) Grand Prize winner will be selected based on overall CES Picks Points accrued following the Promotion Period. The top CES Picks Points earner at the end of the Promotion Period will be listed as the number one spot on the season leaderboard at the end of the final game of the regular NFL season (i.e., the most cumulative CES Picks Points during the Promotion Period). The Grand Prize Winner will receive a mailed check in the amount of $10,000 to the mailing address provided by Entrant.
- PERFECT PICK RAFFLE PRIZE: Entrants who select their weekly picks with 100% accuracy (i.e., choose the winning team for all of that week’s games) (each, a “Perfect Picks Player”) will receive one (1) perfect pick raffle entry for each week Entrant is a Perfect Picks Player. At the end of the Promotion Period, any eligible Perfect Picks Players will be eligible to be drawn at random, and one (1) randomly selected Perfect Picks Player will receive the Perfect Pick Raffle Prize defined below. Only one (1) Perfect Picks Player will be eligible to win. Limit one (1) Vendor Prize per Entrant. The Perfect Pick Raffle Prize Winner will receive a mailed check in the amount of $5,000 to the mailing address provided by Entrant.
- VENDOR PRIZE: From time to time during the Promotion Period, Entrants may receive an in-app banner within the CES Picks App notifying them of the opportunity to enter a vendor-sponsored Vendor Prize. To enter, Entrants must follow the on-screen prompts and submit all requested information as directed. Entries must be received during the time period specified in the banner (“Vendor Prize Entry Period”) to be eligible. Winners will be selected at random from all eligible Entrants received during each Vendor Prize Entry Period. Participation in the vendor-sponsored Vendor Prize Promotion is subject to all terms, conditions, and eligibility requirements set forth in these Official Rules, and any additional terms provided at the time of entry. Administrator reserves the right to modify, suspend, or terminate the vendor-sponsored Vendor Prize Promotion at any time for any reason. Administrator is not responsible for any failure to receive the banner due to disabled settings, device limitations, or connectivity issues.
- The Vendor Prize is: one (1) $100 Visa gift card one (1) 30 oz. cup, and one (1) cooler, as further described in the applicable banner. The Vendor Prize will be mailed to the Vendor Prize winner to the mailing address provided by Entrant.
- There will be a total of eight (8) Vendor Prizes awarded throughout the Promotion Period for a total retail value of: $1,282.23.
6. Prize Notification. All Entrants are instructed to verify their email address after registering. Entrant’s email address must be verified in order to receive any prize.
- If an Entrant is selected to receive a Weekly Prize or Vendor Prize, Entrant will be notified of their selection via email immediately following the week such selection. An email confirmation will be sent to the potential winners informing them of a 24-hour prize claim period. Any winner so notified must claim the prize by the end of said period to remain eligible. Any prize award is further contingent upon the winner’s completion of any required paperwork and submission of Required Documents. Failure to claim the prize and provide the Required Documents by the conclusion of said period may result in disqualification and forfeiture of the prize.
- If an Entrant is selected to receive the Grand Prize or a Perfect Pick Raffle Prize, Entrant will be notified of their selection via email following the conclusion of the Promotion Period. Two (2) confirmation emails will be sent to each, the potential Grand Prize and Perfect Pick Raffle Prize winner, informing them of a 72-hour prize claim period (beginning at the time of the first confirmation email). The confirmation email will also stipulate certain information and documents that the winner must provide to be eligible to receive a prize. Failure to claim the prize and provide the Required Documents and information by the conclusion of said period may result in disqualification and forfeiture of the prize.
- An Entrant is not a winner of any prize, even if notified of being a winner and/or issued any item of value, unless and until Entrant’s eligibility has been, and continues to be verified to the satisfaction of Administrator. To be verified as eligible to receive a prize, each winner must fulfill all requirements and continue to comply with all terms and conditions of these Official Rules. If a winner cannot be contacted using the information provided or fails to respond to Administrator’s attempt to notify them within the applicable prize claim period; if any prize or notification is returned as undeliverable or yields an error or undeliverable “bounce back” email (regardless if the message is ultimately delivered to the recipient); if the potential winner fails to sign and return the Release or any other required documentation or fails to comply with these Official Rules; if a potential winner is unable or unwilling to accept the prize as stated; or if the potential winner cannot be verified as eligible for any reason at any time before, during, or after the Promotion Period; the winner is then disqualified and forfeits the prize and an alternate potential winner may be selected from among the remaining eligible entries.
- In the event that an Entrant is disqualified for any reason, the foregoing process will be repeated until the prize is awarded or until two (2) attempts have been made to award the prize and each attempt has failed, in which case the prize will go unawarded.
- If any winner is awarded a prize the name of the winner may be obtained by emailing marketing@cityelectricsupply.com or by mailing a self-addressed stamped envelope (no return postage required in Vermont) within sixty (60) days of the end of the Promotion Period to Administrator at the address identified above, attention: CES Picks Winners’ Names. Limit one (1) request per person, per household. Odds of winning the prize depend on the number of eligible entries received.
- CES will never ask you for your social security number, bank account information or credit card number when you enter the Promotion. If someone contacts you about a similar promotion and asks you for any of this information, it is likely a scam and please hang up the phone, delete the email, exit the chat, or otherwise walk away. Never share account numbers or passwords for bank accounts or credit cards or provide your Social Security number when participating in the Promotion. If you are selected as a winner in one of our Promotions, you will be notified by CES marketing via email, and in that case, you will be asked to provide your Social Insurance Number on IRS Form W-9 or other applicable U.S. tax documentation, an affidavit of eligibility, along with your address and phone number.
7. For All Prizes & Affiliated Vendor Giveaways: Winner may not substitute, assign or transfer a prize or redeem a prize for cash. Each prize will be awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied (including, without limitation, any implied warranty of Merchantability or fitness for a particular purpose). Potential winners must provide a valid ship-to address and driver’s license or state identification card to Administrator within five (5) days of request from Administrator, or such potential winner may forfeit his/her prize. Winner is responsible for all applicable national, federal, state and local taxes, if any, as well as any other costs and expenses associated with prize acceptance and use not specified herein as being provided. The awarding of any prize is contingent upon full compliance with these Official Rules. Administrator reserves the right to substitute any prize for one of equal or greater value in its sole discretion. Many will enter, only fifty-four (54) will win the Weekly Prizes, only one (1) may win the Grand Prize, only one (1) may win the Perfect Pick Raffle Prize, and only eight (8) will win the Vendor Prizes. The odds of winning depend upon the number of eligible entries received. Administrator cannot accurately predict the number of Entrants who will participate in the Promotion. All prize amounts, prize types, number and/or applicable games, and any dates stated in these Official Rules may be adjusted, revised, amended, modified, or canceled by Administrator in its sole discretion at any time.
8. Release: In consideration of the receipt of any prize, prize recipients agree to release and hold harmless Administrator, and each of its direct or indirect subsidiaries, related entities, vendors, suppliers, distributors, advertising/promotion agencies, and each such company’s officers, directors, members, employees, contractors, and agents (collectively, the “Released Parties”) from and against any and all losses, liability, illness, injury, claim or cause of action of any kind, whether arising in tort or contract, including, but not limited to, personal injury, death, or damage to or loss of property, detrimental reliance, breach, or negligence in connection with the winner’s participation in the Promotion or the receipt, possession, use or misuse of any prize.
9. Use of Information.
- Publicity and License from Entrant. To the extent allowed by law, participation in the Promotion in any way and/or acceptance of, or participation in, any prize constitutes each Entrant’s irrevocable consent for, and grant of a non-exclusive, sub-licensable and assignable license to Administrator to use, publish, post, or display Entrant’s name, likeness, photograph, video, voice, opinions, statements, prize information, biographical information, and/or hometown and state, province, or territory, regardless of whether altered, modified, distorted, edited, or used alone or with other material, in Administrator’s sole discretion, for promotional, advertising, trade, and publicity purposes in any medium now known or later discovered, worldwide and in perpetuity, without review or approval by Entrant, and without further notice, payment, or consideration of any kind to Entrant. To the extent allowed by law, participation in the Promotion in any way and/or acceptance of, or participation in, any prize constitutes each Entrant’s representation and warranty that he or she has obtained the prior consent of the person(s) appearing in the photograph, video or likeness submitted by such Entrant to provide such photograph, video or likeness to be used, published or posted for the same purposes specified in the prior sentence. All rights, consents and licenses granted to Administrator and representations and warranties made by each Entrant under these Official Rules will survive the termination of this Promotion. Entrant’s consent and license may only be revoked in writing, and the mere ending of this Promotion or Promotion Period is not sufficient to revoke such consent or license.
- Marketing and Promotional Use of Information (Including Notice for California Residents). By downloading or using the App, registering for an account, participating in any games, Promotions, contests, vendor offerings, or engaging with any other in-app features or services, you acknowledge and agree that Administrator, and its affiliates and authorized service providers, may collect, use, and retain your personal information for internal marketing, promotional, and advertising purposes. This includes sending you marketing communications, promotional offers, and personalized content via email, SMS, push notifications, in-app messaging, or other communication methods, consistent with applicable laws.
- California Consumer Privacy Act (CCPA) Notice. If you are a California resident, you have specific rights under the California Consumer Privacy Act (CCPA), including the right to:
- Know what personal information we collect and how we use it;
- Request access to the personal information we have about you;
- Request deletion of your personal information;
- Not be discriminated against for exercising your privacy rights.
Administrator will only use your information for internal business and marketing purposes and with trusted service providers who are bound by confidentiality and data protection obligations. You may opt out of marketing communications at any time by following the unsubscribe instructions in those communications, changing your preferences in the App, or contacting us at marketing@cityelectricsupply.com.
- California Consumer Privacy Act (CCPA) Notice. If you are a California resident, you have specific rights under the California Consumer Privacy Act (CCPA), including the right to:
- For more details about how we collect, use, and protect your personal information, please refer to our Privacy Policy at www.cityelectricsupply.com.
10. General Conditions: Administrator reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures, human error, or any other factor impairs the integrity or proper functioning of the Promotion, as determined by the Administrator in its sole discretion. In such event, Administrator reserves the right to award the prizes at random among the eligible entries or players up to the time of the impairment. Administrator 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 Promotion or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and should such an attempt be made, the Administrator reserves the right to seek damages from any such person to the fullest extent permitted by law. Administrator’s failure to enforce any term of these Official Rules shall not constitute a waiver of such term.
11. Verification: Administrator reserves the right, in its sole discretion, to verify any element of any entry or related materials, request additional information, and to disqualify any Entrant whose participation may subject Administrator or Administrator’s customers to controversy, negative publicity, scorn, or ridicule. Entries generated by script, macro or other automated means or practices, or by any means that subvert or attempt to subvert the entry process, will be void. Any attempt by an Entrant to obtain more than the allowable entries by using multiple or different accounts, identities, or any other online methods will void all of that Entrant’s entries.
12. Entertainment-Only; No Gambling or Wagering Permitted: This Promotion is strictly for entertainment purposes and may not be used in connection with any form of gambling.
13. Limitations of Liability: ADMINISTRATOR SHALL NOT BE RESPONSIBLE OR LIABLE FOR ENTRIES THAT ARE ENTERED BY OTHER THAN HUMAN MEANS (SUCH AS BY AN AUTOMATED COMPUTER PROGRAM OR ANY NON-HUMAN MECHANISM,ENTITY, OR DEVICE), IN EXCESS OF THE STATED LIMIT, OR FOR ENTRIES THAT ARE LATE, FORGED, DESTROYED, LOST, MISPLACED, STOLEN, MISDIRECTED, TAMPERED WITH, INCOMPLETE, DELETED, DAMAGED, GARBLED, OR OTHERWISE NOT IN COMPLIANCE WITH THESE OFFICIAL RULES, AND ALL SUCH ENTRIES WILL BE DISQUALIFIED. BY ENTERING THE PROMOTION, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH ENTRANT AGREES: (A) TO BE BOUND BY THESE OFFICIAL RULES AND BY ALL APPLICABLE LAWS AND ALL DECISIONS OF ADMINISTRATOR WHICH SHALL BE BINDING AND FINAL; (B) TO WAIVE ALL OF HIS OR HER RIGHTS TO BRING ANY CLAIM, ACTION, OR PROCEEDING AGAINST ANY OF THE RELEASED PARTIES; AND (C) TO RELEASE, INDEMNIFY, AND HOLD HARMLESS THE ADMINISTRATOR AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES, FROM ANY LIABILITY (INCLUDING, WITHOUT LIMITATION, LIABILITY FOR ANY PROPERTY LOSS, DAMAGE, PERSONAL INJURY, BODILY INJURY, DEATH, LOSS, EXPENSE, ACCIDENT, DELAY, INCONVENIENCE OR IRREGULARITY), COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE OUTSIDE ATTORNEY’S FEES AND COSTS) THAT MAY ARISE IN CONNECTION WITH: (I) THE ENTRANT’S PARTICIPATION OR INABILITY TO PARTICIPATE IN THE PROMOTION, (II) TYPOGRAPHICAL ERRORS IN THE OFFICIAL RULES OR ANY PROMOTION PROMOTIONAL MATERIALS, (III) ACCEPTANCE OR POSSESSION, DEFECTS IN, USE, MISUSE OR INABILITY TO USE ANY PRIZE (OR ANY COMPONENT THEREOF), (IV) ANY CHANGE BY ANY COMPANY OR ANY OTHER PERSON PROVIDING ANY OF THE COMPONENTS OF A PRIZE DUE TO REASONS BEYOND ADMINISTRATOR’S CONTROL OR AS OTHER WISE PERMITTED HEREUNDER, (V) ANY INTERRUPTIONS IN OR POSTPONEMENT, CANCELLATION, OR MODIFICATION OF THE PROMOTION, (VI) HUMAN ERROR, (VII) INCORRECT OR INACCURATE TRANSCRIPTION, RECEIPT OR TRANSMISSION OF ANY PART OF THE ENTRY (INCLUDING, WITHOUT LIMITATION, THE ENTRY INFORMATION OR ANY PARTS THEREOF), (VIII) ANY TECHNICAL MALFUNCTIONS OR UNAVAILABILITY OF THE WEBSITES OR ANY TELEPHONE NETWORK, COMPUTER ONLINE SYSTEM, COMPUTER DATING MECHANISM, COMPUTER EQUIPMENT, SOFTWARE, OR INTERNET SERVICE PROVIDER UTILIZED BY THE ADMINISTRATOR OR BY AN ENTRANT, (IX) INTERRUPTION OR INABILITY TO ACCESS THE PROMOTION, ANY PROMOTION-RELATED WEB PAGES, OR ANY ONLINE SERVICE VIA THE INTERNET DUE TO HARDWARE OR SOFTWARE COMPATIBILITY PROBLEMS, (X) ANY DAMAGE TO ENTRANT’S (OR ANY THIRD PERSON’S) COMPUTER OR ITS CONTENTS RELATED TO OR RESULTING FROM ANY PART OF THE PROMOTION, (XI) ANY LOST OR DELAYED DATA TRANSMISSIONS, OMISSIONS, INTERRUPTIONS, DEFECTS, OR ANY OTHER ERRORS OR MALFUNCTIONS, (XII) ANY WRONGFUL, NEGLIGENT, OR UNAUTHORIZED ACT OR OMISSIONS ON THE PART OF ANY OF THE ADMINISTRATOR, OR ANY OF ITS AGENTS OR EMPLOYEES, OR (XIII) ANY OTHER CAUSE, CONDITION OR EVENT WHATSOEVER BEYOND THE CONTROL OF THE ADMINISTRATOR. WINNER HEREBY ACKNOWLEDGES THAT THE ADMINISTRATOR HAS NEITHER MADE NOR IS IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESSED OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO ANY PRIZE OR COMPONENT THEREOF, INCLUDING ANY EXPRESSED OR IMPLIED WARRANTIES, EXCEPT WHERE SUCH DISCLAIMER OF WARRANTY WOULD BE PROHIBITED BY APPLICABLE LAW. If for any reason an Entrant’s entry or play is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Entrant’s sole remedy is to participate as an Entrant in a later prize to be given away by Administrator, if possible. No more than the stated number of prizes will be awarded each week. In the event that production, technical, seeding, programming, or any other reasons cause more than the stated number of prizes to be available and/or claimed, Administrator reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims. Administrator reserves the right to cancel or amend the competition and the terms and conditions these Official Rules without notice in the event of a catastrophe, war, civil or military disturbance, act of God, or any actual or anticipated breach of any applicable law or regulation or any other event outside of Administrator’s control. ENTRANTS SHALL BE NOTIFIED OF ANY CHANGES THAT THE ADMINISTRATOR MAKES TO THE PROMOTION.
14. Right to Modify or Cancel. The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event any provision is found invalid or unenforceable, these Official Rules will otherwise remain in effect in accordance with their terms as if the invalid or unenforceable provision was never included. Administrator’s failure to enforce any term of these Official Rules does not constitute a waiver of that provision. Administrator may cancel, suspend and/or modify the Promotion or any part of it, in any way, if Administrator determines in its sole discretion that the Promotion is not capable of executing as Administrator intended, or that any mistake, clerical, or typographical error, omission, fraud, technical failure, tampering, computer virus, or other factor, technical or otherwise, beyond Administrator’s reasonable control, impairs or may impair Administrator’s ability to properly conduct the Promotion, subject to any applicable law or regulation. In such event, Administrator may, but is not obligated to, award any applicable prize(s) by conducting a random drawing from among the eligible Entries received up to the time of the cancellation, suspension, or modification of the Promotion. Inclusion in such random drawing is Entrant’s exclusive remedy under such circumstances. In the event of an inconsistency between these Official Rules and any disclosure or other statement contained in any Promotion-related materials, including, but not limited to, a Promotion entry form or any point-of-sale, radio, television, print, or online advertising, these Official Rules will prevail and govern.
15. Disputes: PLEASE READ THIS SECTION CAREFULLY—IT MAY SIGNIFICANTLY AFFECT ENTRANT’S LEGAL RIGHTS, INCLUDING ENTRANT’S RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR ENTRANT’S CLAIMS. Except where prohibited, Entrant agrees that: any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved exclusively by binding arbitration pursuant to the Rules of the American Arbitration Association then effective, and any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred by Entrant with regard to this Promotion, but in no event shall include attorneys’ fees, or punitive, incidental, consequential or other damages. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of the Entrant and Administrator in connection with this Promotion, shall be governed by, and construed in accordance with the laws of the State of Texas, without giving effect to any choice of law or conflict of law rules (whether of the State of Texas or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Texas to this Promotion.
17. Contact Us: For any questions, please contact CES Marketing at marketing@cityelectricsupply.com or (214) 462-7052.