Freedom Forever Solar Stimulus Promotion Guidelines
Last modified 4/17/2020
Promotional Terms and Conditions
The Solar Stimulus is open to individuals who (i) personally receive an offer from Freedom Forever to participate in the Solar Stimulus, (ii) personally receive an offer from a Freedom Forever Independent Authorized Dealer to participate in the Solar Stimulus, (iii) sign a new Solar System Purchase Agreement, Power Purchase Agreement or Lease Agreement with Freedom Forever as the PV installer, and (iv) obtain a customer acknowledgement from Freedom Forever of the Solar Stimulus participation eligibility prior to the installation of the PV (collectively, “Eligible Participant(s)”). Unless otherwise indicated, the offer to participate in the Solar Stimulus is solely made to the Eligible Participant and cannot be transferred and/or assigned. Freedom Forever will not accept invitations to participate from third parties and such recipients are not eligible to receive the Solar Stimulus.
This Solar Stimulus offer may not be combined with any other offer and/or promotion issued by Freedom Forever. Prior Freedom Forever customers are not eligible to participate in the Solar Stimulus unless it is to install a PV on a new residential address. The Solar Stimulus is available for new PV installations only.
Promotional Period: The Promotional Period shall run from April 11, 2020 and shall expire at a date and time to be determined in Freedom Forever’s sole discretion, at which point no further participation in the Solar Stimulus will be possible. Freedom Forever reserves the right, in its sole discretion and without prior notice, to suspend or cancel the Solar Stimulus, alter the rules and/or cancel or substitute any of the Rules for any reason or no reason, including but not limited to, unforeseeable or uncontrollable events that may affect the administration of the Solar Stimulus.
How to Participate: Participation in the Solar Stimulus is voluntary. To participate in the Solar Stimulus, please refer to the communication provided by Freedom Forever.
Stimulus Promotion: Eligible Participants shall be qualified to receive an amount strictly based on the geographic location of the PV installation (“Stimulus Promotion”). For new PVs installed in California, the Stimulus Promotion shall be in an amount of $1,000.00. For new PVs installed in any other state, the Stimulus Promotion shall be in an amount of $500.00.
6 Months of No Solar Payments: In addition to the Stimulus Promotion, Eligible Participants will receive from Freedom Forever an amount equivalent to the Eligible Participant’s fixed financed amount for the first 6 months of completed PV installation (“6 Month Fixed Solar Payment”). The 6 Month Fixed Solar Payment amount shall be based on the Eligible Participant’s unique financial situation, determined in Freedom Forever’s sole discretion. The 6 Month Fixed Solar Payment includes only a credit for the Eligible Participant’s first 6 months of solar system billing. It does not include credit for any other billing payment including, but not limited to, any electric or other utility bills. The 6 Month Fixed Solar Payment is payable only after the (i) completed installation of the PV, and (ii) if that Eligible Participant’s account is in good standing as defined by and according to the applicable installation agreement governing install of the Eligible Participant’s PV. Please note that Eligible Participants who are not financing their PV are excluded from receiving the 6 Month Fixed Solar Payment.
Solar Stimulus Check: Qualifying Eligible Participants shall receive a stimulus check in an amount comprised of the (i) Stimulus Promotion and (ii) 6 Month Fixed Solar Payment (“Solar Stimulus Check”). Freedom Forever will mail the Solar Stimulus Check to qualifying Eligible Participants within sixty (60) days following the completed installation of their new PV.
Application of Solar Stimulus Check to PV Costs: In the event of an additional PV cost that arises subsequent to execution of the Eligible Participant’s applicable solar system installation agreement, Freedom Forever shall have the right, in its sole discretion, to apply the Solar Stimulus check (in whole or part) to offset such cost. In the event Freedom Forever exercises its rights subject to this paragraph, Freedom Forever will send the Eligible Participant a notice advising that Freedom Forever has exercised this right with a statement referencing the additional PV cost.
Tax Liability: Recipients of any financial amount from Freedom Forever arising from the Solar Stimulus are solely responsible for reporting such items on their tax returns and paying any associated tax liability. If Freedom Forever’s delivery of the Solar Stimulus will require Freedom Forever to issue Eligible Participants a 1099, Freedom Forever’s obligation to make the Solar Stimulus shall be conditioned upon receipt of any required tax documentation necessary to issue the 1099 from the Eligible Participant.
Limitations on Liability and Release: By participating in the Solar Stimulus, each Eligible Participant agrees to release and hold harmless Freedom Forever and all Freedom Forever parties and affiliates, from any liability whatsoever, for any claims, costs, losses, and/or damages of any kind arising out of or in connection with their participation in the Solar Stimulus, including, without limitation, those related to personal injury, death, damage to property, infringement of proprietary rights, rights of publicity or privacy, defamation, and intellectual property rights.
In no event shall Freedom Forever be liable to Eligible Participants and/or any third party for any special, punitive, indirect, incidental or consequential damages arising under contract, tort, or any other theory of liability even if advised of the possibility of such damages. Freedom Forever accepts no liability in relation to Eligible Participant’s participation (or inability to participate) in the Solar Stimulus.
Freedom Forever shall not be liable for any failure of or delay in relation to the Solar Stimulus for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes or labor disputes, embargoes, government orders and/or any other force majeure event.
Freedom Forever makes no representations or warranties of any kind, express or implied, regarding the Solar Stimulus or Eligible Participant’s participation in said Solar Stimulus including without limitation, any implied warranties of merchantability and fitness for a particular purpose. Neither Freedom Forever nor any of its officers, directors, employees, agents or affiliates shall be responsible or liable for any loss, damage, cost, or injury that arises from or relates to participation in the Solar Stimulus.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES OR CERTAIN LIMITATIONS OF LIABILITY. THEREFORE, CERTAIN PROVISIONS OF THE FOREGOING DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU.
Arbitration: By participating in the Solar Stimulus, Eligible Participant agrees to resolve any disputes arising from the Solar Stimulus or related to these Rules through binding arbitration governed by the Federal Arbitration Act. The arbitration will be conducted under the rules of JAMS that are in effect at the time of the commencement of the Solar Stimulus. If there is a conflict between the applicable JAMS Rules and the Rules, the Rules will govern.
ARBITRATION MEANS THAT ELIGIBLE PARTICIPANT WAIVES HIS OR HER RIGHT TO A JURY TRIAL. ARBITRATION MUST BE CONDUCTED ON AN INDIVIDUAL BASIS. AS A RESULT, NEITHER PARTICIPANT NOR FREEDOM FOREVER MAY (I) JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER CUSTOMERS; (II) LITIGATE IN COURT A CLASS ACTION OR OTHER LAW SUIT; OR (III) ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
Choice of Law: The laws of the State of California govern these Promotional Terms and Conditions. Should there be a conflict between the laws of the State of California and any other laws, the conflict will be resolved in favor of the laws of the State of California.
Publicity and Intellectual Property: By participating in the Solar Stimulus, Eligible Participants may be selected by Freedom Forever to participate in certain advertising, marketing and/or publicity materials and activities (“Promotional Activities”). If the selected Eligible Participants agree to participate in the Promotional Activities, the Eligible Participant shall assign to Freedom Forever the perpetual and unrestricted right to use their likeness in connection with the Promotional Activities.
Entire Agreement: The Terms and Conditions and the terms set forth herein constitute the entire understanding and agreement between Freedom Forever and the Eligible Participant, and supersedes and extinguishes any and all previous drafts, agreements, arrangements and understandings between the parties, whether written or oral, relating to this subject matter. Freedom Forever reserves the right, in its sole discretion and without prior notice, and for any or no reason to (a) disqualify any Eligible Participant; and (b) alter, discontinue, suspend or terminate the Solar Stimulus, or any aspect or portion of it, and/or substitute the offer. The Rules may be modified by Freedom Forever at any time by amending the Promotional Terms and Conditions. Freedom Forever recommends that you revisit these Promotional Terms and Conditions regularly. By your continued participation in the Solar Stimulus, you accept any such modified terms.
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