Survey Terms and Conditions

Official Rules for the New Mexico Gas Company Smart Thermostat Survey

Sponsor: The sponsor of this promotion is New Mexico Gas Company (“NMGC”), with offices at 7120 Wyoming Blvd NE Ste 20, Albuquerque, NM 87109.

The NMGC Smart Thermostat Survey (“Event”) is open to all legal residents of the state of New Mexico eighteen (18) years of age or older as of the date of entry who complete the requirements described under “To Enter” below. By participating in this Event, entrants agree to be bound by these Official Rules and by the decisions of NMGC, which shall be binding and final as to all matters related to the Event. NMGC reserves the right to modify these Official Rules at any time.

1. Dates of Promotion/Entry Periods: The Event will begin at 12:01 a.m. Mountain Time (“MT”) on April 1, 2024, and will end at 11:59 p.m. MT on March 31, 2025 (the “Event Period”).

2. Prizes: Eligible entrants can win one of twelve (12) Visa gift cards with a retail value of $200.

3. Eligibility: The Event is open only to legal residents of the state of New Mexico, who are eighteen (18) years of age or older as of the date of entry (the “Entrant”). Void where prohibited, taxed or restricted by law. Officers, managers, employees and directors of NMGC and each of its respective parents, subsidiaries, affiliates and related companies and their advertising and promotion agencies involved in the advertising, execution, and/or distribution of this Event, and their respective IRS dependents, immediate family members, and those living in their same households (“Event Entities”) are not eligible. Participants must agree to abide by these Official Rules.

4. To Enter: There are two (2) ways to enter:

All entries are subject to NMGC’s Website Terms of Use and Privacy Notice. Entries which are or appear to be tampered with are void. NMGC shall be the sole judge as to the validity and eligibility of all entries. Regardless of the entry method used to enter the Event, there is a limit of one (1) entry per Entrant for the entire Event Period. Any attempt by an Entrant to obtain more than the stated number of entries by using multiple/different identities, and/or any other methods will void that Entrant’s entry and that Entrant may be disqualified from the Event. Entries submitted by anyone other than the Entrant are void. In case of dispute as to the identity of any Entrant, entry will be declared made by the registered name and address on such entry. Any potential prize winner may be requested to provide Sponsor with proof that such person is the prize winner.

Neither Sponsor nor any Event Entity is responsible for any entry that is lost, late, illegible, stolen, mutilated, incomplete, invalid, unintelligible, postage-due, misdirected or undeliverable, whether due to system errors, omissions, interruption, deletions, defects, delay in operations or transmissions, theft or destruction or failures, faulty transmissions or other telecommunications malfunctions, human error, entries not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, failed, incomplete or garbled computer or telephone transmissions, typographical or system errors and failures, faulty transmissions, technical malfunctions, or otherwise. Only fully completed entries are eligible. Proof of submission will not be deemed to be proof of receipt by Sponsor or Event Entity.

5. Drawings: Prize winners will be selected in random drawings conducted by NMGC from all eligible entries received by Sponsor prior to the drawing date. To be eligible to receive a prize, all Entrants must have an address on file with the Sponsor or have provided an address when prompted at the time of entry. In the event that an Entrant has an incomplete address, the Entrant will be disqualified, and an alternate prize winner will be selected in a random drawing. The odds of winning depend on the number of eligible entries received by Sponsor.

6. Conditions of Participation: By participating, Entrants and prize winners agree to release, discharge, indemnify and hold harmless NMGC, the Event Entities, and each of their respective officers, directors, employees, representatives and agents (the “Released Parties”) any claims made by any Entrant, prize winner, or any other third parties, related in any way to the operation of this Event as well as any other any and all losses, damages, rights, claims, and actions of any kind, either directly or indirectly related to, or arising from, the Event or from acceptance, possession, misuse, or use of any prize, including, without limitation, personal injuries, death, and/or property damage, and claims based on publicity rights, defamation, or invasion of privacy.

7. No Purchase Necessary. The Event is void where prohibited or restricted.

8. General Conditions:  This Event is conducted in English. In the event of any discrepancy or inconsistency between the terms and conditions of these English Official Rules and any other statements contained in any Event-related materials, including, but not limited to: any entry form, survey, Spanish interpretations of these Official Rules and/or point of sale, television, print or online advertising; the terms and conditions of these English Official Rules shall prevail, govern and control. All federal, state and local taxes are the sole responsibility of the prize winners. NMGC is not responsible for any incorrect information, whether caused by website users, tampering, hacking or by any equipment or programming associated with or utilized in connection with the Event. Persons who tamper with or abuse any aspect of the Event or attempt to undermine the legitimate operation of the promotion of the Event by cheating, deception, or other unfair practices will be disqualified and all associated entries will be void. Any attempt to deliberately damage the operation of the Event may be unlawful. NMGC shall have the sole right to disqualify any Entrant for suspected violation of these Official Rules or any applicable laws relating to the Event and to resolve all disputes in its sole discretion. NMGC reserves the right, in its sole discretion, to cancel or suspend the Event for any reason, including computer viruses or bugs, unauthorized human intervention, or other causes, including administration, security, fairness, integrity, or proper operation of the Event. Sponsor may prohibit an Entrant from participating in the Event or winning a prize if, in its sole discretion, it determines that said Entrant is attempting to undermine the legitimate operation of the Event by cheating, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other Entrants, Sponsor, or Event Entities. In the event of cancellation, NMGC reserves the right to elect to identify winners and award the prizes by way of random drawing from among all non-suspect, eligible entries received up to the time of such cancellation. By participating in the Event, Entrants hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s Privacy Notice. By participating in this Event, Entrants and prize winners agree to be bound by these Official Rules and the decisions of the Sponsor and Event Entities, which are final in all respects and not subject to appeal. Sponsor reserves the right to disqualify permanently from this Event any Entrant it believes has violated these Official Rules and verify eligibility of Entrants.

All Event materials are subject to verification and are void if (a) not obtained in accordance with these Official Rules and through legitimate channels, (b) any part is counterfeited, altered, defective, damaged, illegible, reproduced, tampered with, mutilated or irregular in any way, (c) are obtained where prohibited, or (d) they contain printing, typographical, mechanical, or other errors. Entrants assume all risk of loss, damage, destruction, delay or misdirection of Event materials submitted to Sponsor. In the event any portion of this Event is compromised by activities beyond the control of the Sponsor which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play of the Event, Sponsor reserves the right at its sole discretion to modify, suspend or terminate the Event. Winning and accepting a prize constitutes permission for Sponsor to use prize winners' names, addresses (city & state), voices and/or likenesses for purposes of advertising, promotion and publicity, for this Event only, without further compensation, unless prohibited by law. Sponsor may prohibit an Entrant from participating in the Event or winning a prize if, in its sole discretion, it determines that said Entrant is attempting to undermine the legitimate operation of the Event by cheating, deception, or other unfair playing practices or intending to annoy, abuse, threaten or harass any other Entrants, Sponsor, or Event Entities. If for any reason this Event is not able to be conducted as planned, including, but not limited to, by reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud or any other causes beyond the reasonable control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Event, then Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Event and randomly draw from those entries received up to the cancellation/suspension date to award prizes.

9. Governing Law: The Event and these Official Rules shall be subject to and governed by the laws of the state of New Mexico and any applicable federal laws. If a court of competent jurisdiction finds that any provision of these Official Rules, or their application to particular persons or circumstances, is invalid or unenforceable to any extent, then the remainder of these Official Rules shall remain enforceable to the fullest extent permitted by law. The venue for any cause of action arising out of the Event or these Official Rules shall be in Bernalillo County, New Mexico.

This Event shall not be published without the written permission of the Sponsor.