Gatorade Company – Fast Twitch Super Bowl Contest – Instagram/tiktok Sweepstakes

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FAST TWITCH SUPER BOWL CONTEST
OFFICIAL RULES
NO PURCHASE IS NECESSARY TO PARTICIPATE OR WIN. A PURCHASE WILL NOT
IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
TO BE ELIGIBLE TO PARTICIPATE AND WIN A PRIZE (AS THAT TERM IS DEFINED
BELOW), YOU MUST LIVE IN IN THE 50 UNITED STATES OF AMERICA OR D.C., AND MUST
SATISFY THE OTHER ELIGIBILITY REQUIREMENTS SET FORTH BELOW.
BY PARTICIPATING IN THIS CONTEST, YOU AGREE TO THESE OFFICIAL RULES, WHICH
ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE PARTICIPATING. WITHOUT
LIMITATION, THIS CONTRACT PROVIDES FOR INDEMNIFICATION OF THE SPONSOR,
ADMINISTRATOR, AND OTHER CONTEST ENTITIES BY YOU, A CLASS ACTION AND JURY
TRIAL WAIVER, A REQUIREMENT THAT MOST DISPUTES BE SETTLED BY MANDATORY
BINDING ARBITRATION, AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
1) Contest Entry Period: The Fast Twitch Super Bowl Contest (the “Contest”) begins at
approximately 12:01:00 AM Eastern Time (“ET”) on January 19, 2023 and ends at 11:59:59 PM
ET on January 31, 2023 (the “Contest Entry Period”). At approximately 12:01:00 AM ET on
January 19, 2023, the beginning of the Contest Entry Period, Sponsor will post call to actions from
the @FastTwitchEnergy Instagram and TikTok handles (the “CTA Post(s)”). As soon as the
applicable CTA Post is issued, eligible entrants may participate in the Contest as provided herein.
2) Eligibility: To be eligible to enter the Contest for a chance to receive a Prize, entrants
must, at the time of entry, meet all of the following requirements: (i) be legal residents of 50 United
States or D.C. (“Territory”); (ii) be 18 years of age or older and the age of majority in the entrant’s
jurisdiction as of the date and time of participation; and (iii) be a registered user of Instagram or
TikTok (each, a “Participant(s)”). If you are not already a registered user of Instagram
(https://www.instagram.com/) or TikTok (https://www.tiktok.com/), it is free to join. Employees,
officers, directors and agents of The Gatorade Company (“Sponsor”), Fooji, Inc. (“Fooji” or
“Administrator”), any other company involved in the presentation, administration or fulfillment of
the Contest, and their respective bottlers, parents, subsidiaries, affiliated companies, and
divisions (collectively, the “Contest Entities”), and each of their immediate family members
(defined as any spouse, partner, parent, legal guardian, sibling, child, legal ward, grandparent, or
grandchild, regardless of where they reside) and/or those living in the same household of any
such person (whether or not related) are not eligible for the Contest. Void outside the Territory
and where prohibited or restricted by law.
3) Sponsor and Administrator: The Sponsor of the Contest is The Gatorade Company
located at 433 W. Van Buren St., Chicago 60607. The Administrator of the Contest is Fooji, Inc.
located at 257 E. Short St. Suite 200, Lexington, KY 40507.
4) How To Participate in the Contest: At the beginning of the Contest Entry Period,
Sponsor will post call to actions from the @FastTwitchEnergy Instagram account and the
@FastTwitchEnergy TikTok account. After the applicable CTA Post is made on TikTok or
Instagram, complete each of the steps during the Contest Entry Period to receive one (1) entry in
the Contest:
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i. Create a video that is at least 10 seconds long, and no longer than 30 seconds. The
video must show Participant’s version of themselves running down the football player’s
tunnel leading to the field (the “Entry Video”). Example Entry Videos will be posted on
social media during the Contest Entry Period. The Entry Video must comply with
the requirements set forth below in Section 5 (Requirements for Entry Videos)
of these Official Rules;
ii. Post the Entry Video to Participant’s own TikTok or Instagram Account (the “Entry
Post”). The caption of the Entry Post must include the hashtag #FastTwitchContest;
and
iii. After posting the Entry Post, click the link to the entry form posted as a “Link in Bio” in
the CTA Posts (https://fasttwitchenergy.gatorade.com/). After clicking the link in the
CTA Post, Participant will be redirected to the online entry form (the “Entry Form”).
Participant must fully complete the Entry Form by providing his/her name, physical
address, email address, phone number, and a link to his/her Entry Post on Instagram
or TikTok.
“Entry Video,” “Entry Post,” and “Entry Form” collectively “Entry.”
Each Participant is limited to one (1) Entry during the Contest Entry Period, regardless of social
media channel entry method. Should Participant submit more than one (1) Entry, only the first
complete Entry shall be considered valid. Internet access and phone/usage charges imposed by
your online/phone service may apply. Each Entry Form must be manually key stroked and
manually entered by the individual Participant; automated and/or repetitive submission of Entries
(including but not limited to Entries made using any script, macro, bot or sweepstakes service)
will be disqualified.
To participate you will need a TikTok or Instagram account. Creating a TikTok or Instagram
account is free, but is subject to the separate Terms of Service and Privacy Policies of TikTok or
Instagram, as applicable. You may obtain a TikTok account for free by visiting www.tiktok.com
and following their instructions on how to create a profile and/or download the TikTok application
to your mobile device and follow the prompts to create a profile from your mobile device. You may
obtain an Instagram account for free by visiting www.instagram.com and following their
instructions on how to create a profile and/or download the Instagram application to your mobile
device and follow the prompts to create a profile from your mobile device. Please note that you
must agree to comply with the TikTok or Instagram Terms of Use in order to create a TikTok or
Instagram account. Participant’s TikTok or Instagram account settings must be public during the
entire Contest Entry Period and until all Prizes have been awarded. Failure to maintain a public
Instagram or TikTok account during this period may result in disqualification. Participants must
not change their TikTok or Instagram handle during the Contest Entry Period and until the Prizes
have been awarded.
This Contest is in no way sponsored, endorsed, or administered by or associated with Meta
Platforms, Inc. (Instagram) or TikTok, Inc.
NOTE ABOUT MOBILE DATA AND MESSAGING CHARGES: When you participate in the
Contest via a mobile device and/or download or transmit data via your mobile device, data and
messaging rates may apply according to the terms and conditions of your service agreement with
your wireless carrier. Other charges may apply (such as normal airtime and carrier charges) and
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may appear on your mobile phone bill or be deducted from your prepaid account balance.
Wireless carriers’ rate plans may vary, and you should contact your wireless carrier for more
information on rate plans and charges relating to your participation in this Contest. Check your
mobile device’s capabilities for specific instructions.
5) Requirements for Entry Videos: Once an Entry (including an Entry Video) has been
submitted, it cannot be modified in any manner by Participant. Each Entry received from any
person or email address in excess of the above stated limitation will be deemed void. Each Entry
will be deemed to have been submitted by one (1) Participant, regardless of the number of people
who might appear in or otherwise help create an Entry. In the event of any dispute concerning the
identity of any Participant, the Entry will be deemed submitted by the natural person who is the
authorized holder of the transmitting user account. Administrator’s computer is the official time
keeping device for the Contest. Entries generated by script, macro or other automated means
and Entries by any means which subvert the entry process, in the sole discretion of Sponsor, are
void. Sharing “Entry(ies)” on social channels will not increase your chance(s) of winning.
By submitting an Entry, each Participant agrees to grant Sponsor and its assignees the use of
Participant’s name, biographical information, voice, performance, photograph, video, image
and/or likeness for programming, advertising, publicity and promotional purposes in any and all
media, now or hereafter known, worldwide and on the Internet, and in perpetuity by Sponsor and
its assignees, without compensation (except to the extent prohibited by law) or additional
consents and without prior notice, approval or inspection, and to execute specific written consent
to such use if asked to do so. In addition, if any other persons appear in an Entry Video or any
other part of an Entry, Participant agrees that prior to submitting the Entry, Participant has
obtained the written consent of each such person who appears, granting Sponsor and its
assignees the use of each person’s name, biographical information, voice, performance,
photograph/video, image and/or likeness for programming, advertising, publicity and promotional
purposes in any and all media, now or hereafter known, worldwide and on the Internet, and in
perpetuity by Sponsor and its assignees, without compensation (except to the extent prohibited
by law) or additional consents and without prior notice, approval or inspection, and to execute
specific written consent to such use if asked to do so. Sponsor reserves the right to request proof
of these permissions in a form acceptable to Sponsor from any Participant at any time. Failure to
provide such proof, if requested, may result in disqualification, at Sponsor’s sole discretion.
The Entry Video must comply with the following requirements:
Participant may not contract with, or pay for, any outside consulting firm, agency, or
other service for any assistance or guidance in the creation of the Entry Video.
The Entry Video must consist solely of the original creation of the Participant.
The Entry Video must be in English.
The Entry Video must be no less than 10 seconds long and no more than 30 seconds
long.
Participant must be the author of all of the content presented in the Entry Video.
The Entry Video must not have been previously published in any medium (excluding
any social media site) or submitted in any other competition.
Entry Video cannot contain any music, except music created by Participant and that
Participant has full rights in and to.
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Entry Video must not attempt to duplicate any other Entry or third-party works. Sponsor
reserves the right in its sole discretion to disqualify any Entry that is a duplicate or
substantially similar to another Entry.
The Participant represents and warrants that the Entry Video is suitable for display or
publication, and that:
o it does not contain material that is inappropriate, indecent, lewd, pornographic,
obscene, hateful, tortious, defamatory, slanderous or libelous;
o it does not include or reference anyone other than Participant unless Participant
has written permission (and can provide evidence of such permission at Sponsor’s
request and satisfaction) from such person. Minors under the age of 13 years of
age must not appear or be referenced. If a minor 13 to 17 years old appears in the
Entry Video he/she/they must have that minor’s parent’s/legal guardian’s express
written approval;
o it does not contain any defamatory statements;
o it does not contain material that violates or infringes another’s rights, including but
not limited to privacy, publicity or intellectual property rights, including copyright
infringement when used as provided for in these Official Rules;
o it does not contain words or symbols that are widely considered offensive to or
hateful towards individuals of a certain race, ethnicity, religion, gender, sexual
orientation or socioeconomic group;
o it does not include threats to any person, place, business or group;
o it does not contain any references to alcohol, controlled substances (including
lawful marijuana use) or other unlawful activities;
o it does not depict or encourage dangerous or illegal activities;
o it does not invade the privacy or other rights of any person, firm or entity;
o it does not contain trademarks, logos, clothing logos or trade dress (such as
distinctive packaging or building exteriors/interiors) owned by third parties other
than appropriate Sponsor’s products or services (as referenced above) and/or NFL
trademarks and logos;
o it does not contain any third person’s personal information, such as personal
names or e-mail addresses;
o it does not contain materials owned by third parties (including photographs,
sculptures, paintings, and other works of art or images published on or in websites,
television, movies or other media)
o it does not contain content, music, images, or videos not created by Participant;
o it does not contain materials embodying the names, likenesses, voices, or
performances identifying any celebrities and/or other public or private figures, living
or dead or the names, likenesses, voices, or performances of any individual other
than Participant without their permission;
o it does not communicate messages or images inconsistent with Sponsor’s or
Administrator’s reputation, image and/or goodwill;
o it does not disparage Contest Entities, or any other person or party affiliated with
the Contest and administration of this Contest;
o it does not make false statements about Sponsor’s products or those of its
competitors;
o it does not contain material that is in violation of or contrary to the laws or
regulations of the United States, including state and federal laws and regulations;
o It does not violate any law or regulation; or is otherwise inappropriate,
objectionable, or unsuitable for the uses contemplated in these Official Rules, as
determined by Sponsor in its sole discretion.
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Sponsor may, in its sole discretion, disqualify any Entry that violates these parameters and/or any
other part of Official Rules.
6) Winner Selection: Odds of winning depend on the number eligible Entries received. All
eligible Entries received during the Contest Entry Period will be evaluated by a panel of judges
selected by Sponsor, who will evaluate each Entry Video based on the following criteria:
Entertainment Value – The Entry has a high level of excitement and intensity (40%)
Movement – The Entry Video shows the Participant in movement through the tunnel
illustration (30%)
Relevance to the Theme of the Contest/Inspiration –The Entry Video conveys your fitness
style along with your love of sports in a way that is impactful or inspirational (15%)
Originality and Creativity – The Entry is original or unique and creative (15%)
Sponsor’s selected panel of judges will be the sole judges of the above criteria, subject to its/their
sole interpretation, and will determine a potential winner (“Potential Prize Winner”).
In the event of a tie, the Entry(ies) with the highest score in the Relevance to the Theme of the
Contest/Inspiration criterion will be determined as the Potential Prize Winner. In the event of a
further tie, the panel of judges will re-judge the tied Entries until a Potential Prize Winner has been
determined.
Sponsor may, in its sole discretion, accept or reject any Entry that does not include or the meet
the criteria above.
Entries that are incorrect or incomplete, received outside the Contest Entry Period, or that contain
obscene, offensive, or any other language communicating messages inconsistent with the
positive images with which Sponsor and/or Administrator wishes to associate itself/themselves
(all as determined by Sponsor in its sole discretion) will be void and disqualified. Sponsor and/or
Administrator are not responsible for misspellings, typographical errors, or other issues that may
affect the ability to locate an Entry or participate in the Contest.
If you are chosen as a Potential Prize Winner, you will receive a winning notification via email
indicating that you are a Potential Prize Winner. Except as determined by Sponsor in its sole
discretion, no substitution of any Prize is offered, no transfer of Prize to a third party is permitted,
and non-cash Prize(s) may not be redeemed for cash value. Verified Prize winner (“Verified Prize
Winner”) will be solely responsible for all applicable federal, state and local taxes on Prize(s) and
may receive an IRS Form 1099 for the retail value of the Prize and must provide Sponsor and/or
Administrator, as applicable, with a valid social security number if requested for tax reporting
purposes. All expenses associated with the receipt and use of a Prize not specifically mentioned
herein are solely the responsibility of the Verified Prize Winner. Sponsor and/or Administrator are
not responsible for any delay or cancellation of the Prize delivery due to unforeseen
circumstances, or those outside of Sponsor’s or Administrator’s control, as applicable. Potential
Prize Winners are subject to verification and may be required to sign and return to Sponsor and/or
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Administrator, as applicable, for its/their receipt within three (3) business days an Affidavit of
Eligibility/ Liability Release with (where lawful) a publicity release, a W-9, and any other paperwork
that may be required for receipt by Sponsor and/or Administrator by the due date indicated in the
notification message. Verified Prize Winner’s guests must complete and return a Liability Release,
or any other paperwork required, within three (3) business days of notification in order to
accompany Verified Prize Winner on the Prize trip. If any required documents are not timely
received by Sponsor or Administrator, as applicable, or if any message or mail intended for a
winner is returned as undeliverable, or Potential Prize Winner fails to respond to the prize
notification within the stated time period, then the applicable Prize may be forfeited and an
alternate Potential Prize Winner may be selected. Any request related to lost, mutilated, missing,
unclaimed or stolen Prize(s) must be received within 7 days of notification of winning or will be
ignored.
7) Prize: There is one (1) Prize available to be awarded in the Contest (the “Prize”) (detailed
below). All federal, state and local taxes and all other expenses not expressly listed in these
Official Rules are the sole responsibility of the Verified Prize Winner. Prize is nontransferable and
may not be substituted or redeemed for cash by selected Verified Prize Winner. No more than
the stated number of Prizes will be awarded. Sponsor reserves the right to substitute the Prize for
one of equal or greater value. Prize type(s) and components will be selected by Sponsor or its
representatives in its/their sole discretion. All non-stated features of the Prize(s) are determined
in Sponsor’s sole discretion and subject to availability. Actual retail value of the Prize(s) may vary,
including variations based on the Participants’ location. Total ARV of Prize available in this
Contest: $25,000.
The Prize shall consist of:
Three (3) tickets to Super Bowl LVII for the Verified Prize Winner and Verified Prize
Winner’s two (2) guests;
Roundtrip economy class airfare for Verified Prize Winner and Verified Prize
Winner’s two (2) guests to/from the closest major U.S. airport to the Verified Prize
Winner’s residence to/from Phoenix, Arizona
Four (4) nights, 5 (Five) days stay in two (2) rooms, double occupancy, at Sponsor
specified hotel in Phoenix, Arizona (Thursday, February 9, 2023 – Monday, February
13, 2023)
One (1) gift card for the Verified Prize Winner to be used for meals (alcohol
excluded) valued at $2,000
Ability for Verified Prize Winner and Verified Prize Winner’s two (2) guests to run
the team tunnel at State Farm Stadium (exact date and specific logistics to be
determined in Sponsor’s sole discretion), and access to Fast Twitch’s immersive
tunnel installation where Verified Prize Winner and Verified Prize Winner’s two (2)
guests will be able to test their skills (exact date and specific logistics to be
determined in Sponsor’s sole discretion)
Verified Prize Winner and his/her guest(s) must commence and complete the trip by the dates
specified by Sponsor (exclusions/blackout dates may apply). Verified Prize Winner and his/her
guests must travel on the same itinerary. If Verified Prize Winner is unable to travel on the dates
booked and/or provided by Sponsor, then the Prize will be forfeited and Verified Prize Winner will
not receive any additional prize or compensation in lieu of any prize, in whole or in part, except in
Sponsor’s sole discretion. All travel-related and other expenses not set forth herein, including but
not limited to meals, ground and other transportation, parking, gratuities and incidental hotel
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expenses, are Verified Prize Winner’s sole responsibility. Unless otherwise agreed to in writing
by Sponsor, Verified Prize Winner is responsible for all transportation, tax, license, title fees and
insurance for transportation and other related, applicable expenses. Both Verified Prize Winner
and his/her guests must be 18 years or older. Verified Prize Winner and his/her guest(s) are
responsible for obtaining all required travel documents, and compliance with any health
restrictions. Verified Prize Winner and his/her guest(s) must have valid government-issued photo
identification at the time of travel. Sponsor may run a background check on Potential Prize Winner
and his/her potential guest(s). Sponsor may, in its sole discretion, disqualify Potential Prize
Winner or his/her potential guest(s) based on the results of such background check. While
engaging in any Prize-related activities, Verified Prize Winner and his/her guests must follow all
applicable government and Sponsor recommendations and guidelines with respect to
Coronavirus/COVID-19. In the event the Verified Prize Winner and/or his or her travel
companion/s engages in behavior that, as determined by Sponsor in its sole discretion, is
obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other
person, Sponsor reserves the right to terminate the trip or other applicable experience early, in
whole or in part, and send the Prize Winner and/or his or her travel companion home with no
further compensation.
8) General Rules / Limitations of Liability: By participating in the Contest, Participants
agree to be bound by these Official Rules and the decisions of the Sponsor which shall be final
in all respects. Participation in the Contest constitutes permission for the Sponsor and its
designees to use the Participant’s name, likeness, voice, biographical information, prize
information, quotes attributable to Participant, and any other elements of Participant’s persona for
purposes of advertising and trade in any and all media now known or otherwise developed without
further compensation or review. Participants agree that Fooji may send the notice to the telephone
number the Participant provides during the registration process, and Participants understand
notifications may be sent using automatic dialing technology. Participants understand that they
are not required to agree to receive such messages as a condition of participation. In the event
there is a discrepancy or inconsistency between disclosures or other statements (in any and all
media) contained in any Contest materials and the terms and conditions of the Official Rules, the
Official Rules shall prevail, govern and control. Sponsor, Administrator, and the other Contest
Entities assume no responsibility or liability for (a) any incorrect or inaccurate entry information,
or for any faulty, failed, garbled or jumbled electronic data transmissions; (b) any unauthorized
access to, or theft, destruction or alteration of Entries at any point in the operation of this Contest;
(c) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in
operation or communications line failure, regardless of cause, with regard to any equipment,
systems, networks, lines, satellites, servers, computers, software or providers utilized in any
aspect of the operation of the Contest; (d) inaccessibility or unavailability of the Internet or the
Instagram or TikTok platforms or any combination thereof, or; (e) any injury or damage to
Participant’s or to any other person’s computer which may be related to or resulting from any
attempt to participate in the Contest. The Sponsor, Administrator, and other Contest Entities are
not responsible for the failure of any order to be received for any reason or for any delay in the
processing or failure to process any order or Entries. The Sponsor and Administrator each reserve
the right at each of their sole discretion to disqualify any individual that tampers or attempts to
tamper with the order process or the operation of the Contest; violates the Official Rules; is
suspected of cheating, fraud, or acting in an unsportsmanlike or disruptive manner, or with intent
to annoy, abuse, threaten or harass any other person. Any Participant who uses or is suspected
of using cheating, fraudulent means, unauthorized ordering methods, or otherwise attempts to
participate multiple times, or with multiple identities, and/or addresses will be disqualified. Any
attempt by any person to undermine the legitimate operation of the Contest may be a violation of
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criminal and civil law, and, should such an attempt be made, the Sponsor and Administrator each
reserve the right to seek damages from any such person to the fullest extent permitted by law.
The Sponsor or Administrator’s failure to enforce any term of these Official Rules shall not
constitute a waiver of that or any other provision. If, for any reason, the Contest is not capable of
running as planned, including infection by computer virus, bugs, tampering, unauthorized
intervention, fraud, technical failures, changes to the Instagram or TikTok platforms that are not
acceptable to Sponsor or Administrator, or any other causes beyond the control of the Sponsor
or Administrator which corrupt or affect the administration, security, fairness, integrity or proper
conduct of the Contest, then the Sponsor and Administrator each reserve the right in their sole
discretion to cancel, modify, suspend or terminate the Contest in whole or in part. In the event
Administrator experiences a technical failure during admission of the Contest that causes the
Contest to be suspended, Administrator shall select a Potential Prize Winner by the
aforementioned Winner Selection Criteria from all valid Entries received up to the point of the
technical failure. TO THE FULLEST EXTENT PERMITTED BY LAW, AS A CONDITION OF
ENTRY INTO THE CONTEST, ALL PARTICIPANTS AGREE TO RELEASE, INDEMNIFY AND
HOLD HARMLESS THE SPONSOR, ADMINISTRATOR, AND OTHER CONTEST ENTITIES
FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS OR ACTIONS OF ANY KIND
WHATSOEVER FOR INJURIES, DAMAGES, OR LOSSES TO PERSONS OR PROPERTY
WHICH MAY BE SUSTAINED IN CONNECTION WITH: PARTICIPATING IN ANY ASPECT OF
THE CONTEST; THE RECEIPT, OWNERSHIP OR USE OF ANY PRIZE AWARDED;
PREPARING FOR, PARTICIPATING IN OR TRAVELING TO AND/OR FROM ANY PRIZE-
RELATED OR CONTEST-RELATED ACTIVITY, OR; ANY TYPOGRAPHICAL OR OTHER
ERROR IN THESE OFFICIAL RULES OR ANY CTA POSTS OR OTHER ANNOUNCEMENTS
RELATING TO THE CONTEST. THE VERIFIED PRIZE WINNER SHALL BEAR ALL RISK OF
LOSS OR DAMAGE TO THEIR PRIZE AFTER THEY HAVE BEEN DELIVERED. SPONSOR,
ADMINISTRATOR, AND THE OTHER CONTEST ENTITIES MAKE NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND CONCERNING THE APPEARANCE, SAFETY OR
PERFORMANCE OF ANY PRIZE(S).
BY ENTERING THE CONTEST, PARTICIPANT AGREES THAT, TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF
ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE(S)
AWARDED WILL BE LIMITED TO ACTUAL, OUT-OF-POCKET COSTS INCURRED (IF ANY)
NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE
AWARDED OR RECOVERABLE; AND (2) UNDER NO CIRCUMSTANCES WILL ANY
PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT HEREBY
KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL,
CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER
DAMAGES (OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES NOT TO EXCEED TEN
DOLLARS ($10.00)) AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR
OTHERWISE INCREASED. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING
LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
Without limiting any other provision in these Official Rules, the Contest Entities are not responsible
or liable to any Participant or Potential or Verified Prize Winner (or any person claiming through
such Participant or Potential or Verified Winner) for failure to supply the prize or any part thereof
in the event that any of the Contest activities or Contest Entities’ operations or activities are
affected by any cause or event beyond the sole and reasonable control of the applicable Contest
Entity (as determined by Sponsor in its sole discretion), including, without limitation, by reason of
any acts of God, equipment failure, threatened or actual terrorist acts, air raid, act of public enemy,
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war (declared or undeclared), civil disturbance, insurrection, riot, epidemic, pandemic, fire,
explosion, earthquake, flood, hurricane, unusually severe weather, blackout, embargo, labor
dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption
of any kind, work slow-down, any law, rule, regulation, action, order, or request adopted, taken,
or made by any governmental or quasi-governmental entity (whether or not such governmental
act proves to be invalid), or any other cause, whether or not specifically mentioned above.
EACH PARTICIPANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION
1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR
TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER
AGAINST THE CONTEST ENTITIES. SECTION 1542 READS AS FOLLOWS:
“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE
DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT
KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE
RELEASE, AND THAT IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED
HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
Participant irrevocably waives all claims against the National Football League, its member
professional football clubs, NFL Ventures, Inc., NFL Ventures, L.P., NFL Properties LLC, NFL
Enterprises LLC, NFL International LLC, NFL Productions LLC, and each of their respective
subsidiaries, affiliates, shareholders, officers, directors, agents, representatives and employees
(collectively, the “NFL Entities”) and agrees that the NFL Entities will have no liability or
responsibility for any claim arising in connection with participation in this Contest or the prizes
awarded. The NFL Entities have not offered or sponsored this Contest in any way.
Employees, officers, directors, agents and representatives of The NFL Parties (defined as NFL
Properties LLC, National Football League, its member professional football clubs, NFL Ventures,
Inc., NFL Ventures, L.P., NFL Enterprises LLC, NFL International LLC, NFL Productions LLC,
and each of their respective affiliates, owners, subsidiaries, shareholders, officers, directors,
agents, representatives and employees, both individually and collectively) and each of their
respective parents, affiliates, subsidiaries, advertising and promotion agencies, and each such
individual’s immediate family members (mother, father, sister, brother, any child, husband, wife
and their respective spouses, regardless of where they reside) and those living in their same
households, whether or not related, are not eligible to participate or win a Prize.
9) Privacy Policy: By entering the Contest, Participants agree that any personal information
submitted by Participants may be used and shared by Sponsor subject to Sponsor’s privacy policy
posted at https://policy.gatorade.com/privacy.htm.
10) Governing Law / Disputes/ Arbitration: Except where prohibited by law, as a condition
of participating in this Contest, each Participant agrees that (1) any and all disputes and causes
of action arising out of or connected with this Contest, including but not limited to Prize awarded,
shall be resolved individually, without resort to any form of class action, and exclusively by final
and binding arbitration under the rules of JAMS and held at the JAMS regional office nearest the
Participant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all
proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in
any court having jurisdiction. Under no circumstances will any Participant be permitted to obtain
awards for, and Participant hereby waives all rights to claim, punitive, incidental or consequential
damages, or any other damages, including attorneys’ fees, other than Participant’s actual out-of-
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pocket expenses (i.e., costs associated with participating in this Contest), and Participant further
waives all rights to have damages multiplied or increased. SOME JURISDICTIONS DO NOT
ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and
questions concerning the construction, validity, interpretation and enforceability of these Official
Rules, or the rights and obligations of the Participant, Sponsor, and Administrator in connection
with the Contest, shall be governed by, and construed in accordance with, the laws of the State
of New York, without giving effect to any choice of law or conflict of law rules (whether of the State
of New York or any other jurisdiction), which would cause the application of the laws of any
jurisdiction other than the State of New York.
11) Severability: If any term of provision of these Official Rules is found under the law to be
invalid or unenforceable, then such specific term or provision shall be of no force and effect and
shall be severed and the remainder of these Official Rules shall continue in full force and effect.
12) Winners List: For a winners’ list, no later than 60 days after the close of the Contest, send
an email request with the name of the Contest to hello@fooji.com or mail your request together
with a self-addressed stamped envelope to Fast Twitch Super Bowl Contest Winner’s List to
Administrator at the address noted in Section 3 above.
Questions? If you have any questions, you may contact us at help@fooji.com.