Duke Energy "Smart Energy Now" Giveaway Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. THIS SWEEPSTAKES IS INTENDED FOR VIEWING IN THE UNITED STATES ONLY AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW.

The "Smart Energy Now" Giveaway ("Sweepstakes") will begin at 12:00:01 a.m. Eastern Standard Time ("EST") on the first day of each month in 2012 and end at 11:59:59 p.m. EST on the last day of that same month ("Promotion Period"). Participation in the Sweepstakes constitutes entrant's full and unconditional agreement to these Official Rules, and Sponsor's and Administrator's decisions, which are final and binding in all matters related to the Sweepstakes. The Sweepstakes is sponsored by Duke Energy Corporation, P.O. Box 1006, Mail code EC2ZA, Charlotte, NC 28201-1006 ("Sponsor"). The Sponsor is responsible for all aspects of this Sweepstakes.

Eligibility:The Sweepstakes is open to all legal residents who are existing Duke Energy Corporation ("Duke Energy") customers and reside in Duke Energy's service territory (the "Locations"), and are 18 years of age or older at the time of entry. Employees, officers, directors and representatives of Sponsor and the Sweepstakes Administrator (see below), its parent company, affiliates, subsidiaries, licensees, service providers, advertising and promotion agencies, those involved in the production, development, implementation or handling of the Sweepstakes, any agents acting on behalf of the above entities, as well as the immediate family members (parents, children, siblings, spouses) and/or persons living in the same household (whether related or not) of each are not eligible to participate in the Sweepstakes. All federal, state and local laws and regulations apply.Void where prohibited, taxed or otherwise restricted by law.

How to Enter:Enter by simply completing the online Sweepstakes registration form located at www.smartenergycharlotte.com (the "Website"). Each participant will be required to provide their complete name, date of birth, mailing address (including city, state, zip code), daytime telephone number and e-mail address. All entries must be received by 11:59pm EST within the Promotion Period.Limit one entry person per mailing and/or e-mail address during the Promotion Period.All required information must be completed to enter and to be eligible to win. Incomplete entries will be disqualified. Proof of entering information at the Website is not considered proof of delivery to or receipt by Sponsor of an entry. Internet entries must be made by the entrant only at the Website. Entries made by any other individual or any entity, and/or originating at any other web site or e-mail address, including, but not limited to, commercial Sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Sweepstakes. The use of automated entry devices is prohibited and no mechanically reproduced entries are allowed; all such entries are void. Sweepstakes Entities are not responsible for: late, incomplete, incorrect, delayed, garbled, undelivered, or misdirected entries. Sponsor reserves the right to disqualify any person or e-mail address that submits more than maximum allowed entries. All entries become the exclusive property of Sponsor and will not be acknowledged or returned. By participating, you consent for Sponsor to obtain, use, and transfer your name, address and other information for the sole purpose of administering this Sweepstakes.

Internet Limitations of Liability:Sponsor reserves the right, in its sole discretion, to cancel, terminate, suspend and/or modify the Sweepstakes, or any part of it, at any time, without notice, and to cancel, terminate, modify or suspend the Sweepstakes in whole or in part, at any time, without notice and award prizes using all non-suspect eligible entries received as of the termination/suspension date, if any infection, computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other cause beyond Sponsor's control, affects the integrity or proper conduct of the Sweepstakes. Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers with the entry process (if applicable) or the operation of the Sweepstakes or to be acting in violation of these Official Rules or any other promotion or in a disruptive manner. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Sponsor is not responsible for: lost, late, incomplete, illegible, incorrect, delayed, garbled, undelivered, or misdirected entries; theft, destruction or unauthorized access to, or alteration of, entries; failures or malfunctions of phones, phone lines or telephone or data transmission systems; interrupted or unavailable network, server or other connections; any error, omission, interruption, defect or delay in any transmission or communication; traffic congestion on the Internet or any technical problem, including but not limited to any injury or damage to any person's computer related to or resulting from Sweepstakes participation; typographical, printing or other errors or omissions in these Official Rules, in any Sweepstakes-related advertisements or other materials, or other problems or errors of any kind whether computer, network, mechanical, human, electronic, typographical, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or problems which may occur in connection with the administration of the Sweepstakes, in the processing of entries, in the selection or announcement of winners or in the awarding of prizes. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

Sponsor is not responsible for any damage to an entrant's system which is occasioned by participating in this Sweepstakes or by downloading any information necessary to participate in the promotion. Sponsor also 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 Sweepstakes or by any technical or human error, which may occur in the processing of the entries in the Sweepstakes. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of a dispute regarding the identity of an individual who actually submitted an online entry, the entry will be deemed submitted by the authorized account holder of the email account. "Authorized account holder" is defined as the natural person who is assigned to an email account by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Potential winner may be required to show proof of being the authorized account holder.

Grand Prize:There will be one (1) Grand Prize awarded following the conclusion of the Promotion. The Grand Prize winner, upon confirmation of eligibility, will receive an iPad with an Approximate Retail Value ("ARV") of $599. By accepting the aforementioned prize, the winner agrees to release the Released Parties from any and all liability whatsoever for any injuries, losses, or damages of any kind caused by entering the promotion or for damages of any kind caused by any prize or resulting from acceptance, possession, or use/misuse of prize awarded. All other expenses related to the prize or prize acceptance not specifically mentioned herein are the responsibility of winner and traveling companion. If actual value of prize is lower than the stated ARV when prize is procured and fulfilled, then the difference will not be awarded. Prize is not exchangeable, transferable, or redeemable for cash. There are no substitutions unless specified by the Sponsor. The Sponsor reserves the right at its sole discretion to substitute any prize package with another prize of equal or greater value.

Drawing and Notification:The Grand Prize winner will be selected from among all eligible entries received, in a random drawing by the Administrator, an independent judging organization, whose decisions are final in all matters relating to this Sweepstakes. The drawing will be completed on or about one week following the end of each Promotion Period. Odds of winning will depend on the total number of eligible entries received. The Grand Prize winner will be notified by phone and/or USPS mail, or other home delivery service of Sponsor's choice.

Prize Conditions:All local, state and federal taxes are the sole responsibility of winner. Upon initial notification and verification of the Grand Prize, confirmation will be sent to the aforementioned winners via U.S. mail, or other home delivery service of Sponsor's choice. The Grand Prize winners will be required to sign an Affidavit of Eligibility and Liability / Publicity Release and return it within ten (10) days of written notification by mail or prize may be forfeited and an alternate potential winner selected. If a prize or prize notification is returned as unclaimed or undeliverable to a potential winner, if potential winner cannot be reached within three (3) calendar days from the first notification attempt, if potential winner fails to return requisite document within the specified time period, or if a potential winner is not in compliance with these Official Rules, then such person shall be disqualified and an alternate winner may be selected for the prize at issue. The potential winner is subject to verification before any prize will be awarded.

Other Terms & Conditions:The Grand Prize is responsible for all applicable federal, state, and local laws (if applicable). By participating in the Sweepstakes, entrants agree to be bound by these Official Rules and agree that: 1.) Released Parties and their designees and assigns shall have the right and permission to use (unless prohibited by law) the winner's name, photograph, likeness, statements, biographical information, voice and address (city and state), in all forms of media, in perpetuity, without further notice, permission or compensation, and 2.) Released Parties and their designees and assigns and all of their respective officers, directors, employees, representatives and agents shall have no liability and entrant will indemnify, defend and hold Released Parties harmless from any liability, loss, injury, or damage to entrant themselves or any other person or entity, including personal injury, death or damage to personal or real property, to entrant or any other person or entity due in whole or in part, directly or indirectly, by reason of the acceptance, possession, use or misuse of the prize (including any prize activity or travel related thereto) or participation in this Sweepstakes. Entrants further acknowledge that said parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee express or implied, in fact or in law, relative to the prize, including, but not limited to, its quality or fitness for a particular purpose. Sponsor reserves the right, in its sole discretion, to disqualify any entry and to modify, terminate or suspend this Sweepstakes should virus, bugs, non-authorized human intervention, action of entrants, or other causes beyond the reasonable control of Sponsor corrupt or impair the administration, security, fairness or proper play of the Sweepstakes and, if the Sweepstakes is modified, terminated or suspended, at Sponsor's discretion, select winners from those eligible, non-suspect entries.

Use of Data:Sponsor will be collecting personal data about entrants online, and e-mail addresses from entry forms in accordance with its Privacy Policy. Please review the Sponsor's Privacy Policy at the following link:www.duke-energy.com/privacy. By participating in the Sweepstakes and providing your e-mail address, entrants hereby agree to Sponsor's collection and usage of their personal information and acknowledge that they have read and accepted Sponsor's Privacy Policy.

Disputes: By entering the Sweepstakes, entrants agree that 1.) Any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action; 2.) Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes but in no event attorneys' fees; and 3.) Under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrants and Sponsor or the Released Parties in connection with the Sweepstakes, shall be governed by, and construed in accordance with United States law. Any legal proceedings arising out of this Sweepstakes or relating to these Official Rules shall be instituted only in the federal or state courts of North Carolina, and the parties consent to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to these Official Rules. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. The value of the prizes set forth above represents Sponsor's good faith determinations of the ARV thereof and such determinations are final and binding and cannot be appealed. If the actual value of any prizeturns out to be less than the stated ARV, the difference will not be awarded in cash.

Winners List:To request the name of the Grand Prize winner, please send a self-addressed, stamped business size envelope, by December 31, 2011, to: ASC/Duke Energy "Smart Energy Now" Giveaway Winners List Request, 300 State Street, Suite 402, Rochester, NY 14614. Residents of Vermont may omit return postage.

Official Rules Request:For your own printed copy, send a self-addressed stamped envelope to ASC/Duke Energy "Smart Energy Now" Giveaway Official Rules Request, 300 State Street, Suite 402, Rochester, NY 14614 for receipt by November 30, 2011.

Sponsor:Duke Energy Corporation, P.O. Box 1006, Mail code EC2ZA, Charlotte, NC 28201-1006