TXU Energy Power Saver Challenge 2  

CONTEST OFFICIAL RULES

TXU Energy is looking for three (3) people to participate in the TXU Energy Power Saver Challenge 2 (the “Contest”), to compete for a Grand Prize of $25,000 by demonstrating energy savings through improvements to their home during the Contest. Participation in the Contest will require a substantial commitment by the three (3) Finalists selected, so please read these rules carefully before entering.

Eligibility:  Contest is open to TXU Energy customers and consumers who become TXU Energy customers by 11:59:59 CT on June 15, 2009 (“Entrants”). Entrants must also: (1) be legal residents of Texas 21 years of age or older and (2) own a single-family home that is at least five years old and is in the deregulated energy part of the state (ERCOT territory). Employees, officers, directors, agents, vendors and representatives of TXU Energy Retail Company LLC (“Sponsor”), its parent company, subsidiaries, affiliates and advertising/promotion agencies involved with this promotion (the “Promotional Parties”) and the immediate families (spouse, siblings, parents, children and their respective spouses) and household members of such persons are not eligible. Void where prohibited. Contest is subject to all applicable federal, state, and local laws and regulations. Persons who participated as Finalists in the 2008 TXU Energy Power Saver Challenge are ineligible; 2008 TXU Energy Power Saver Challenge Semifinalists are eligible to participate.

How To Enter:   Entrants must log on to txu.com/powersaver2 between 12:00:01 a.m. CT on April 1, 2009 and 11:59:59 p.m. CT on June 15, 2009, and follow on-screen instructions to submit an entry. Entry requires completion of a short eligibility questionnaire and the submission of an essay with a minimum of  100 words and a maximum of 500 words that describes why saving energy is important to you. You are also invited to submit a picture of your family in front of your home by attaching a photo to the entry form, following the instructions on-screen. Limit of one (1) entry per household for the Contest. The essay may be submitted in English or Spanish and must be original, previously unpublished, the sole property of Entrant and not previously submitted in any other contest or promotion. At the judges’ sole discretion, entries deemed incomplete, invalid, illegible, unsuitable, obscene or indecent that are potentially in violation of third party rights (including, but not limited to, copyrights) will be immediately disqualified and Sponsor will not be liable in any way for disqualified entries. All photos and essays will become property of TXU Energy and will not be returned to the Entrant. 

Entry Requirements to become a Finalist:

• Must be available for three (3) business days (not consecutive) to have an audit crew and a video crew in their homes over the course of the Contest, which is approximately four (4) months in duration.
• Must be willing to provide a self-produced video if selected as a Semifinalist within ten (10) days of notification of being selected as a Semifinalist. The video should be no longer than 5 minutes in duration should include footage of the entrant’s home and family, explain or demonstrate some of the energy-efficiency challenges they experience, and explain why they should be a TXU Energy Power Saver Challenge 2 contestant. Must agree to spend only the home energy improvement budget provided by TXU Energy in making their home energy-efficiency improvements and agree to make those improvements within the time period defined and allotted. No personal funds can be spent.  
• Must work with videographer’s schedule to have home audited before and after improvements have been made and videotaped.
• Must live in their home during the entire Contest and agree to make themselves available in their home during all contest-related activities, including but not limited to, any audit dates and video shoots.
• Must agree to videotape their own home energy improvements and send them to the designated location for editing by the defined due dates, to be designated by Sponsor.
• Must agree to complete all home upgrades before a designated cut-off date.
• Must be willing to allow images of their family and home to be displayed on television, the Internet, radio and any other form of media, during and after the Contest, for purposes of publicity and advertising as determined by Sponsor in its sole discretion. May include video, photographs, copy descriptions and other mediums.
• Must agree to remain a TXU Energy customer through December 31, 2009, otherwise prizes may be forfeited.

Judging and Winner Selection:

Round One: Selection of Semifinalists 

A panel of qualified judges from TXU Energy, PRISM Marketing Partners, and TexEnergy Solutions (the “Judges”) will select fifteen (15) Entrants, five (5) from each zone as outlined in these Official Rules from all eligible entries received (“Semifinalists”). Entries will be judged on: (1) appropriateness to the theme of demonstrating energy savings (50%); (2) originality, enthusiasm and creativity (25%); and (3) a demonstrated interest in becoming more energy efficient (25%).  Judges’ decisions are final.  Semifinalists will be notified by email or by phone on or about June 30, 2009 and will advance to Round Two. In the event of a judging panel tie, PRISM Marketing Partners will cast the deciding vote. 

Round Two: Selection of Finalists

Each Semifinalist will be required to complete a liability and release document as well as a detailed phone interview. Additionally, the Semifinalists will be required to submit a short video (5 minutes or less) of their home and family, explaining why they think they should be chosen for the Contest, based on their homes’ needs for an energy efficiency update. The video must be received within ten (10) days of being notified of their selection as a Semifinalist. Additionally, the Semifinalists will be required to return the completed liability and release document within seven (7) days of being notified of their selection as a  Semifinalist. The Semifinalist videos will be  judged by the Judges based upon the following criteria: (1) perceived opportunity for energy savings (40%); (2) the demonstrated interest in becoming more energy efficient (30%); and (3) the Semifinalist’s originality and enthusiasm to be a contestant (30%). If any or all of the Semifinalists elect not to further participate in the Contest, or fail to provide the requested documents, fully executed, within the time frame designated, the Judges, in their sole discretion, may elect to replace Semifinalist(s) from the remaining Entrants. The Judges will select three (3) Entrants from the Semifinalists, one (1) from each zone, as Finalists in the Contest. The zones are defined as the following: Zone 1 is Oncor Service Area, Zone 2 is CenterPoint Service Area, and Zone 3 is the AEP Central, AEP North and TNMP Service Areas. The Finalists will be notified by email or by phone that they have advanced to Round Three. In the event of a judging panel tie, PRISM Marketing Partners will cast the deciding vote.

Round Three:  Power Saver Challenge Finalist

The Finalists will be given two (2) comprehensive home energy audits, $5,000 to spend on energy efficiency improvements to their home during and a high-definition video camcorder to be used to record and document the energy efficiency improvements they make. The Finalist will have approximately four to six (4-6) weeks to complete the energy efficiency improvements to their home (the “Finalist Challenge”).  During the Finalist Challenge, the Finalists must document how the $5,000 was spent on energy efficiency improvements and must return any amount not used for qualified energy efficiency improvements, as determined by Sponsor in its sole discretion upon completion of the Finalist Challenge. Finalists may not spend additional personal funds for home energy improvements during the Finalist Challenge and Finalists that do so may be disqualified.  Additional details will be provided to the Finalists.

After the completion of the Finalist Challenge, the Grand Prize Winner will be selected by the Judges based on the following criteria: (1) improvement in HERS (Home Energy Rating System) Index based upon energy efficiency audits completed of the Finalist’s home at the beginning and end of the Finalist Challenge (as determined solely by the comparison of the initial audit and the final audit conducted by TexEnergy Solutions) (40%); (2) winner of Web voting for best Finalist Challenge  (30%); and (3) personal behavior changes, documented  and provided in a written format  that will be provided to them (30%). In the event of a judging panel tie, PRISM Marketing Partners will cast the deciding vote. The Grand Prize Winner will be announced on or about October 18, 2009.

Prizes: 

One (1) Grand Prize of $25,000 cash. One (1) Second Prize of $5,000 cash. One (1) Third Prize of $2,500 cash.

Three (3) Finalist Prizes of a high-definition video camcorder with an Approximate Retail Value (ARV) of $1,000, and $5,000 cash which is to be spent on energy efficiency improvements during the Finalist Challenge.

Twelve (12) Semifinalist Prizes of a $100 TXU Energy Bill Credit.

No cash substitutions for prizes will be permitted and prizes are nonrefundable and nontransferable except at sole discretion of Sponsor. Sponsor reserves the right to substitute prize of equal or greater value. Prize winners may forfeit their prizes if they cease being TXU Energy customers prior to December 31, 2009. Cash prizes will be awarded as a check payable to the respective winner. Federal, state and local taxes on prizes are the sole responsibility of the winners.

General:  By entering the Contest, Entrants accept and agree to these rules and the decision of the Judges, which shall be final. Semifinalists and Finalists will be required to sign a Winner’s Affidavit and Liability/Publicity Release and return it by date specified in notification letter or Semifinalist or Finalist status will be forfeited.  By submitting an entry, a winner agrees to allow use of his or her name, and that of all family members provided in video, photograph, likeness and biographical information for advertising and promotional purposes in any and all media (including online) without limitation as to time or territory and without additional compensation, except where prohibited. All entries will become the property of Sponsor and will not be returned. Submission of an entry grants Sponsor and its agents the right to publish, use, adapt, edit and/or modify such entry in any way, in any and all media, without limitation, and without consideration to the Entrant. Submission of any entry further constitutes the Entrant’s consent to irrevocably assign and transfer to Sponsor any and all rights, title and interest in the entry, including, without limitation, all copyrights.

Other Conditions:  Sponsor assumes no responsibility for computer system, phone line, hardware, software or program malfunctions or other errors, failures of any kinds, delayed computer transmissions or network connections that are human or technical in nature. Online entries generated by script, macro or other automated means will be disqualified. Sponsor reserves the right in its sole discretion to cancel or suspend this Contest, in its entirety or in part, should virus, bug, tampering, unauthorized intervention, fraud, technical failures, or other causes beyond Sponsor’s control corrupt the administration, security, fairness, integrity or proper play of the Contest. In the event Sponsor cancels the promotion, prizes will be awarded by judging eligible entries received as of the time of such action. Sponsor is not responsible for incorrect or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Contest by any technical or human errors which may occur in the processing of the entries in the Contest. By entering, Entrants agree to release the Promotional Parties and each of their respective officers, directors, employees and agents, from any and all liability, loss or damage incurred with respect to the on-site filming and energy audits, or the energy efficiency improvements implemented by Finalists. Entrants waive all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses.  Entrants further agree that all causes of action arising out of or connected with this Contest, or any prize awarded, shall be resolved individually, without resort to any form of class action. By entering, Entrants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, participant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Contest, 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.  By entering, Entrants consent to the jurisdiction and venue of the federal, state and local courts located in Dallas, Texas. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the game or Web site or to be acting in violation of the Official Rules.

Winners List:  For a copy of the winners list, send a self-addressed stamped envelope to: TXU Energy Power Saver Challenge 2 Contest Winner, PO Box 585, Coppell, Texas 75019, by November 30, 2009.

Data Collection:  Sponsor will be collecting personal data about participants when they enter the Contest. Please review Sponsor’s privacy policy statement at txu.com. By participating in the Contest, Entrants hereby agree to all of the terms and conditions of the privacy statement of the Sponsor.  If you do not wish to receive future sweepstakes or contest mailings from TXU Energy, please send a written request to us at TXU Energy P.O. Box 660605, Dallas, TX  75266-0605, with your name and address, and we will remove your address from future sweepstakes/contests mailings within 60 days.

Sponsor:  TXU Energy Retail Company LLC, 6555 Sierra Drive, Irving, Texas 75039  REP #10004