General Participation Terms and Conditions
Crescent Electric Supply Company (“Crescent Electric”) and its affiliates (collectively, the “Company”) offer qualified registration and participation in an incentive program called Catch the Current 2017-2018 Program (“Catch the Current” or “Program”). In addition to the Official Customer Program Rules (“Program Rules”), which are incorporated herein by this reference, these Terms and Conditions govern the Program and the Company’s relationships with participants in the Program (“Participants,” individually, a “Participant” or “You”). Participation in the Program is subject to the Program Rules set forth and displayed on the Program website, and these Program Rules apply universally unless specifically indicated otherwise, and supersede all previous Program Rules. By registering, You agree that:
(a) You have read, understood and accepted these Program Rules and Terms and Conditions; and
(b) You consent to the Company’s processing of data that is personal to You, and disclosure of such data to third parties, in accordance with the Company’s privacy statement.
Participation in the Program is subject to the rules, regulations, policies and procedures that the Company may, in its discretion, adopt from time to time. The Company may amend the Program Rules at any time without notice. The Company has the sole discretion to interpret and apply the Program Rules.
Each Program Participant is responsible for reading the Program Rules in order to understand his or her rights, responsibilities and status in the Program, as well as the structure for earning rewards (“Rewards”, individually, a “Reward”).
The Rewards structure is subject to modification, cancellation, or limitation at the Company’s discretion, with or without notice. Any Reward type may be withdrawn, and restrictions on any Reward or reward redemption (“Reward Redemption”) may be imposed at any time.
The Program commences on October 1, 2017 and ends on December 31, 2018 (the “Program Period”).
Program Sponsor and Administrator
Crescent Electric is the sponsor and administrator of this Program. By participating in this Program, each Participant agrees to abide by these Program Rules and the decisions of the identified Program administrator’s representative. The Company reserves the right to amend these Program Rules at any time without notice and at its sole discretion.
Catch The Current is open to customers who enroll (see separate online Enrollment Form), and whose accounts remain within terms with Crescent Electric throughout the Program Dates and up to and including the final trip departure date (scheduled for May 16, 2019, subject to change). To be eligible to participate in the Catch the Current Program, the online Enrollment Form must be completed by a principal of the customer’s firm (i.e. officer, owner, or manager with authority to do so) on or before December 31, 2017. By electronically signing the enrollment form, you acknowledge and agree to the program rules and confirm your acceptance of the General Terms and Conditions of this Program.
Each customer shall be eligible for only one (1) Participation Account. If more than one Customer Number is assigned to an individual, he/she will only receive Rewards for one Participation Account. Duplicate Participation Accounts will be canceled.
Travel Rewards and Taxation
Each reward consists of the Travel Award for the Participant and his/her guest over the age of 21 to the Travel Awards’ destinations identified in the Program Rules. The approximate retail value of each reward is as follows: Hawaii = $10,000, Costa Rica = $6,000, Las Vegas = $3,400 per couple. The actual number of rewards to be awarded depends on successful achievement by Participants of incremental purchase goal criteria set forth in the Program Rules. Each Participant who receives a reward will be issued a Form 1099-MISC with the value of the Travel Award. Participant is responsible for the payment of all taxes which may result from the Reward.
Determination of Reward Participants
To be eligible to receive a reward, a Participant must achieve the Participant’s predetermined incremental growth goals during the Program Period. Participant’s predetermined incremental growth goals will be communicated to the Participant at or around the beginning of the Program Period. Only purchases that are entered, shipped and invoiced during the Program Period will qualify toward goal achievement. Permitted nominees of Participants must be an officer, owner or manager. Participant nominees, guests and any substitutions must be approved by Crescent Electric management prior to registration and travel.
Announcement of Results
Goal achievement progress results will be available to Participants periodically throughout the Program Period. The announcement of final Program results will take place on or around January 15, 2019.
Purchases will be calculated net of all taxes, deductions, credits, service charges, freight costs, surcharges, fines, fees, pallet charges and any other amount that is not the base purchase price of the products, and net of returns. Should a Participant decline to accept a reward, Crescent Electric reserves the right to not award that reward. Crescent Electric reserves the right to substitute any advertised reward with a reward of equal or greater value. By accepting a reward, Participant agrees not to hold Crescent Electric, its affiliates, directors, officers or employees liable for any damages, claims or expenses arising from, or related to, the reward and/or this Program. Participants and their respective guests will be required to sign a liability and publicity release prior to the trip departure date. Failure to sign the release will result in forfeiture of the reward. All costs or expenses not specifically referenced in the reward description, including the cost of travel documents, departure fees and/or taxes, health and/or travel insurance, upgrades, any personal items (e.g. rental cars, taxis, excursions, phone calls or long distance phone charges, laundry fees, etc.), alcoholic beverages, gratuities, trip changes or cancellation fees, and transportation for the traveler and his/her guest to and from the departure airport are the sole responsibility of the traveler and his/her guest. Rewards are not transferrable or redeemable for cash. The reward must be used by the traveler and his/her guest on dates specified by Crescent Electric. The traveler and his/her guest must travel on the same itinerary, as set by Crescent Electric. The traveler and his/her guest must be legally able to travel to the destination and the traveler is solely responsible for ensuring that all necessary insurance and travel documents are obtained. Crescent Electric is not responsible in the event the traveler and/or his/her guest are denied entry into any intermediary travel country, the destination country, or re-entry into the home country. Participants and guests agree to be photographed during the reward trip and agree that Crescent Electric may use such photos and the names of Participants and guests for publicity purposes. Rewards will be treated as a taxable benefit to Participants who accept a reward. Participants are solely responsible for all federal, state, and local taxes that may be incurred in connection with claiming, registering and using the reward. All decisions by the Program administrator’s representative regarding any aspect of this Program will be considered final. Crescent Electric reserves the right to amend, revise or discontinue this Program at any time without notice and at its sole discretion.
Venue/Choice of Law/Waiver of Jury Trial
The terms, conditions, and provisions of the Official Customer Program Rules and General Terms and Conditions are governed by the substantive law of the State of Illinois, and all disputes hereunder shall be governed and determined by the state of Illinois without regard to its choice of laws rules. No claim may be commenced, prosecuted or continued in any court other than the courts of the state of Illinois located in the city of Galena, Jo Daviess County, which courts shall have exclusive jurisdiction over the adjudication of such matters, and each party hereto waives their respective right to a jury and consents to the exclusive jurisdiction of such court and personal service, service by mail or any other manner or method of service permitted by law with respect thereto.