Living Essentials – 5-hour Energy – Charge Up Your Summer – Win one Eco Charger Black Lithium Prestige electric ATV quad bike
SWEEPSTAKES ENTRY PERIOD: The 5-hour ENERGY® Charge Up Your Summer Sweepstakes (the “Sweepstakes”) begins at 12:00:01 AM Eastern Time (“ET”) on Wednesday, March 1, 2023 and ends at 11:59:59 PM Eastern Time (“ET”) on Friday, June 30, 2023 (the “Sweepstakes Period”). Sponsor’s computer is the official timekeeping device for this Sweepstakes.
ELIGIBILITY: The 5-hour ENERGY® Charge Up Your Summer Sweepstakes (the “Sweepstakes”) is open to legal residents of the 50 United States, including the District of Columbia, who are age 18 or older and the age of majority in their state of residence (19 or older in Alabama and Nebraska; 21 or older in Mississippi) at the time of entry. Void in Puerto Rico, Guam, the U.S. Virgin Islands, all other U.S. Territories and Possessions, outside the U.S., and wherever else prohibited by law. Employees of Living Essentials, LLC (the “Sponsor”), US Sweepstakes & Fulfillment Company (the “Sweepstakes Administrator), Eco Charger-UK/Worldwide, and their respective subsidiaries, affiliates, shareholders, directors, officers, members, successors, agents, advertising and promotion agencies, and the immediate family members (spouses, parents, children, and siblings and their spouses) of, and/or those living in the same household of each, are not eligible to enter. Sweepstakes is subject to all applicable federal, state and local laws and regulations.
HOW TO ENTER:
There are two (2) ways to enter.
1. Method #1: Purchase Entry.
a) Step One: During the Sweepstakes Period, purchase either one (1) single 5-hour ENERGY® product (bottle or can) or any multi-pack 5-hour ENERGY® product (bottle or can) (the “Qualifying Product”).
b) Step Two: Collect your original, itemized, store-identified purchase receipt dated between 3/1/23 and 6/30/23 and underline, circle or otherwise highlight the Qualifying Product on the receipt (the “Receipt”). Keep your Receipt. Sponsor reserves the right to require a participant to provide original Receipt for verification purposes upon request.
c) Step Three: Take a photo of the Receipt (the “Receipt Photo”). The Receipt Photo must clearly show store where purchased, purchase date and the Qualifying Product purchased. Receipt Photo must be in .jpg or .png format and should be no larger than 5 megabytes (5MB).
d) Step Four: Visit the Sweepstakes Website by visiting 5HECHARGE.COM (the “Sweepstakes Website”) or by texting the keyword “5HECHARGE” to shortcode 467467 to receive an automatic reply, via text message, with a link to the Sweepstakes Website. Upon visiting the Sweepstakes Website, complete the entry form, including, but not limited to, your full name, email address, phone number and the name of the store where you purchased the Qualifying Product, follow the instructions to upload the Receipt Photo and submit to receive one (1) entry into the Sweepstakes (each a “Purchase Entry”). After receiving a Purchase Entry, the Sweepstakes Website will ask if you would like to submit an additional Receipt to receive an additional Purchase Entry. To submit an additional Receipt and receive an additional Purchase Entry, follow the instructions to provide the name of the store where you purchased a separate Qualifying Product and upload that Qualifying Product’s Receipt Photo to receive an additional Purchase Entry (collectively, the “Purchase Entries”). You may repeat this process to receive up to five (5) Purchase Entries per day with a limit of up to fifty (50) total Purchase Entries per person during the Sweepstakes Period. Each Receipt submitted must be unique and there is a limit of one (1) Purchase Entry per unique Receipt, regardless of the number of Qualifying Products indicated on the Receipt. Attempts to gain a Purchase Entry by submitting a Receipt that has already been submitted to the Sweepstakes will be disqualified. Only valid Receipts and Receipt Photos will be accepted and are subject to verification and will not be returned.
Purchase Entries must be received between Wednesday, March 1, 2023 at 12:00:01 AM ET and Friday, June 30, 2023 at 11:59:59 PM ET.
Important Notice for text message method of entry: WHEN YOU ENTER VIA TEXT, YOU WILL RECEIVE UP TO ONE (1) REPLY. UP TO ONE (1) SENT AND ONE (1) RECEIVED TEXT MESSAGES WILL BE REQUIRED. IF YOUR TEXT DOES NOT COMPLY WITH SUBMISSION REQUIREMENTS, YOU WILL RECEIVE AN ERROR TEXT. MESSAGE & DATA RATES MAY APPLY. Reply STOP to 467467 to stop receiving text messages or reply HELP to 467467 for help. Incomplete or inaccurate entries shall be deemed void. Entrant’s wireless service provider may charge entrant for data usage, and entrant shall be responsible for any and all costs associated with this form of entry. Please consult your wireless service provider regarding their pricing plans. Entrant must be a wireless service subscriber with data usage and text messaging service, using a participating service provider in order to enter via this method. Not all wireless phone providers carry the necessary service to participate. Check your phone and service capabilities for specific mobile internet instructions.
2. Method #2: Free, Alternate Method of Entry (“Mail-In Entry”): To enter without purchase, clearly hand-print your name, complete address, email address and phone number on a sheet of paper and mail that sheet of paper in an addressed envelope to: The 5-hour ENERGY® Charge Up Your Summer Sweepstakes, PO Box 776, Social Circle, GA 30025-776. You may repeat this process to receive up to five (5) Mail-In Entries per day with a limit of up to fifty (50) total Mail-In Entries per person during the Sweepstakes Period. Each Mail-In Entry must be mailed separately and must be postmarked between Wednesday, March 1, 2023 and Friday, June 30, 2023 and received by Friday, July 7, 2023.
PRIZE/APPROXIMATE RETAIL VALUE (“ARV”)/ODDS: There is one (1) Grand Prize available to be won. One (1) Grand Prize winner will receive one (1) Eco Charger Black Lithium Prestige electric ATV quad bike. The ARV of Grand Prize: $25,000. Odds of winning will depend upon the total number of eligible entries received. The Grand Prize’s ARV is as of date of drafting these Official Rules. The difference in value of prize as stated herein and value at time of prize notification/award, if any, will not be awarded.
Grand Prize winner must agree to attend an Eco Charger training session, to be offered online on a date of Sponsor’s choice (the “Virtual Training Session”). Virtual Training Session will be via a video conferencing platform of Sponsor’s choice, in its sole discretion. Backline, computers, other devices, internet service, and any instruments or other equipment required for the Virtual Training Session are not included and are the sole responsibility of Grand Prize winner. Grand Prize winner will also be required to sign and return any documentation that Eco Charger-UK/Worldwide requires prior to delivery of the Grand Prize. Non-compliance will result in forfeiture of Grand Prize.
Within three (3) weeks of prize acceptance, Grand Prize winner must confirm an off-street (such as Grand Prize winner’s garage or driveway) delivery location within the 50 United States, including the District of Columbia, for the Grand Prize to be delivered (the “Delivery Location”). Grand Prize winner must be present at the Delivery Location at the specified date and time of delivery (to be determined by the Sponsor in its sole discretion) to accept the delivery of Grand Prize. Non-compliance may result in forfeiture of Grand Prize. Sponsor reserves the right to delay delivery.
Winner shall bear all risk of loss or damage to the Grand Prize after it has been delivered to the Delivery Location. Winner will be responsible for any and all costs associated with the collection and use of the Grand Prize, including but not limited to, optional equipment; freight and dealer prep; title; license; insurance; registration fees; applicable taxes; maintenance, repair, and other ownership costs; electricity and other costs associated with charging and recharging the Grand Prize; and any travel and transportation costs associated with collecting the Grand Prize. Winner will be responsible for obtaining a valid state driver’s license and insurance, if applicable in winner’s state of residence. Laws for all-terrain vehicles vary by state. For additional information regarding requirements in owning an all-terrain vehicle, winner must check with his/her local DMV. For the avoidance of doubt, upon delivery and acceptance of the Grand Prize, all other costs associated with the Grand Prize, whether or not specifically stated herein, are also the responsibility of the Grand Prize winner.
Grand Prize may differ from what is depicted in Sweepstakes advertising. Grand Prize will be available with standard equipment, as designated by the Sponsor; any upgrades and options are at the sole expense of the winner. Color, package, factory options, and other prize specifics to be determined by Sponsor in its sole discretion and are subject to availability. Sponsor reserves the right, in its sole discretion, to require the winner to select the Grand Prize from available stock.
Grand Prize is awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. Winner acknowledges that the Sponsor and all other businesses affiliated with this Sweepstakes and their agents do not make, nor are in any manner responsible for any warranty, representations, expressed or implied, in fact or in law, relative to the quality, conditions, fitness, performance, or merchantability of any aspect of the Grand Prize, except that , to the extent made applicable by the manufacturer, the Grand Prize is intended to be subject to the manufacturer’s standard warranty (if any). Once the Grand Prize has been delivered to the Delivery Location, the Grand Prize is considered awarded.
RANDOM DRAWING: The winner will be selected in a random drawing on or about Tuesday, July 11, 2023 from among all eligible entries received during the Sweepstakes Period by the Sweepstakes Administrator, an independent representative of the Sponsor whose decisions are final.
WINNER NOTIFICATION & VERIFICATION: The potential Grand Prize winner will be notified by the Sweepstakes Administrator via email and/or phone, and will be required to sign and return, within five (5) days of notification, an Affidavit of Eligibility, a Liability Waiver, an IRS W-9 Form and where allowable, a Publicity Release (collectively, “the Releases”). These Releases will require the Grand Prize winner to furnish his/her Social Security Number for the sole purpose of tax reporting, as required by law. Noncompliance will result in disqualification and an alternate winner may be selected.
If a Grand Prize notification or Grand Prize is returned as undeliverable, or if winner is found to be ineligible or not in compliance with these Official Rules, that winner will be disqualified, and the Grand Prize may be awarded to an alternate winner in a separate random drawing. If Sponsor is unable to determine and verify a potential winner after repeated alternate drawings or if Sponsor fails to receive a sufficient number of eligible entries to correspond to the number of prizes available to be awarded, Sponsor reserves the right to not award such prize(s).
PRIZE CONDITIONS: Grand Prize is not redeemable for cash, assignable, transferable and may not be substituted except at Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize of equal or greater value at its discretion. For the avoidance of doubt, any other incidental expenses on Grand Prize, whether or not specified herein, are also the winner’s sole responsibility.
PARTICIPATION IN THIS SWEEPSTAKES AND THE RECEIPT AND/OR USE OF GRAND PRIZE OFFERED IS AT YOUR OWN RISK. ENTRANTS ACKNOWLEDGE THE INHERENT HAZARDS, DANGERS AND RISKS ASSOCIATED WITH ALL-TERRAIN VEHICLES AND ENTRANTS ASSUME THESE RISKS AND DANGERS.
BY ACCEPTING THE GRAND PRIZE, WINNER ACCEPTS (AND AGREES TO CONFIRM IN WRITING) THE INHERENTLY DANGEROUS NATURE AND RISK IN USE OF THE GRAND PRIZE, INCLUDING POTENTIAL PERSONAL INJURY AND/OR DEATH, ACKNOWLEDGES THAT HIS/HER PARTICIPATION IN THE USE OF GRAND PRIZE IS VOLUNTARY AND AGREES TO THE EXTENT ALLOWED BY LAW THAT THE SPONSOR, THE SWEEPSTAKES ADMINISTRATOR, AND THEIR EMPLOYEES AND AGENTS SHALL NOT BE IN ANY WAY RESPONSIBLE FOR ANY RESULTING INJURY AND/OR DEATH. SPONSOR, SWEEPSTSAKES ADMINISTRATOR AND ECO CHARGER-UK/WORLDWIDE SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM OR ARISING OUT OF GRAND PRIZE WINNER’S ACCEPTANCE OR USE OF THE GRAND PRIZE.
Winner is responsible for all federal, state, local and income taxes associated with winning the Grand Prize.
Except where prohibited by law, entry and acceptance of Grand Prize constitutes permission for Sponsor and any parent, subsidiary, affiliate, or agent thereof to use winner’s name, prize won, hometown, image, likeness, video tape, photographs, and statements for purposes of advertising, promotion and publicity (including online posting) in any and all media now or hereafter known throughout the world in perpetuity, without additional compensation, notification or permission.
GENERAL: Participating entrants agree to these Official Rules and the decisions of the Sponsor and the Sweepstakes Administrator, and release the Sponsor, the Sweepstakes Administrator, Eco Charger-UK/Worldwide and their affiliated companies, parents, and all other businesses involved in this Sweepstakes, as well as the employees, officers, members, founders, directors and agents of each (the “Released Parties”), from all claims and liability relating to their participation in the Sweepstakes, and the acceptance and use/misuse of the Grand Prize offered. Participating entrants assume all liability for and Released Parties shall be held harmless against any liability for any injury, losses or damages of any kind to persons, including personal injury or death, or injury to property caused or claimed to be caused in whole or in part, directly or indirectly, by participation in this Sweepstakes, acceptance, possession, or use/misuse of the prize, or any claims based on publicity rights, defamation or invasion of privacy, or Grand Prize delivery. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Sweepstakes or in the announcement of the Grand Prize.
In the event of a dispute over the identity of an entrant, entry will be deemed submitted by the “Authorized Account Holder” of the e-mail address submitted at time of entry. Authorized Account Holder means the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Sponsor may ask any entrant or potential winner to provide Sponsor with proof, to Sponsor’s satisfaction, that such party is the authorized account holder of the email address associated with the entry. Entry materials/data that have been tampered with or altered, or mass entries or entries generated by a script, macro or use of automated devices, are void. The Released Parties are not responsible for: (i) lost, late, misdirected, damaged or illegible entries; or (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; or (iii) any injury or damage to entrant’s or any other person’s computer related to or resulting from participating in the Sweepstakes. By participating in the Sweepstakes, you (i) agree to be bound by these Official Rules, including all eligibility requirements, and (ii) agree to be bound by the decisions of Sponsor and the Sweepstakes Administrator, which are final and binding in all matters relating to the Sweepstakes. Failure to comply with these Official Rules may result in disqualification from the Sweepstakes.
Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor. If, for any reason, the Sweepstakes cannot be run as planned, or if Sponsor or Administrator detects any suspect entries or participating individuals, Sponsor may disqualify any suspect entries or individuals from the Sweepstakes and any sweepstakes it sponsors and (a) suspend the Sweepstakes and modify the Sweepstakes to address the impairment, then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; and/or (b) award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment.
THE RELEASED PARTIES ARE NOT RESPONSIBLE IF THIS SWEEPSTAKES CANNOT BE ADMINISTERED OR CONDUCTED OR ANY PRIZE CANNOT BE AWARDED DUE TO CANCELLATIONS, DELAYS, OR INTERRUPTIONS RESULTING OR ARISING FROM ACTS OF GOD, WAR, OR TERRORISM, CIVIL UNREST, STRIKES, SUPPLY SHORTAGES, NATURAL DISASTERS, WEATHER, EPIDEMICS (INCLUDING COVID-19), COMPLIANCE WITH ANY LAW OR ORDER OF A GOVERNMENTAL AUTHORITY (INCLUDING LOCKDOWNS OR STAY-AT-HOME ORDERS), OR ANY OTHER SIMILAR ACT, EVENT, OR OCCURRENCE BEYOND THE REASONABLE CONTROL OF THE SPONSOR. BY PARTICIPATING IN THIS SWEEPSTAKES, PARTICIPANT AGREES THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SUCH SITE, AS APPLICABLE. FURTHER, SPONSOR SHALL NOT BE RESPONSIBLE FOR ANY CANCELLATIONS, DELAYS, DIVERSIONS, CHANGES IN SERVICE OR ACCOMMODATIONS OR SUBSTITUTIONS, OR FOR ANY ACTS OR OMISSIONS BY ANY THIRD PARTIES BEYOND ITS REASONABLE CONTROL, INCLUDING AIR CARRIER(S) AND OTHER TRANSPORTATION COMPANIES; LODGING, RESTAURANT OR OTHER HOSPITALITY PROVIDERS; ENTERTAINMENT PROVIDERS, VENUES OR ARTISTS; OR OTHER THIRD PARTY PROVIDERS SUPPLYING ANY SERVICES OR COMPONENTS OF THE PRIZE(S) TO WINNERS AND/OR THEIR GUESTS, OR FOR ANY RESULTING INJURIES, INCLUDING MONEY DAMAGES, COSTS AND EXPENSES, PROPERTY DAMAGES, PERSONAL INJURIES OR DEATH RESULTING THEREFROM.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS WEB SITE OR INTERFERE WITH THE OPERATION OF THE SWEEPSTAKES, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
GOVERNING LAW AND LIMITATION OF LIABILITY: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules—or the rights and obligations of entrants, Sponsor or the Released Parties in connection with the Sweepstakes— will be governed by and construed in accordance with the internal laws of the State of Michigan, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.
BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS 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 BY ENTRANT; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT 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; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
DISPUTES: The parties hereto each agree to finally settle all disputes only through arbitration; provided, however, the Released Parties shall be entitled to seek injunctive or equitable relief in the state and federal courts in Oakland County, Michigan and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Sweepstakes shall be resolved solely by binding arbitration before a sole arbitrator under the Streamlined Arbitration Rules & Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Oakland County, Michigan. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve a/ny claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Oakland County, Michigan. Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court in Oakland County, Michigan.
OFFICIAL RULES REQUEST: To request a copy of the Official Rules, send a self-addressed, stamped envelope by July 11, 2023, to: The 5-hour ENERGY® Charge Up Your Summer Sweepstakes Official Rules Request, PO Box 654, Social Circle, GA 30025-654.
WINNER CONFIRMATION REQUEST: For a written confirmation of the winner (available after July 11, 2023), send a stamped, self-addressed envelope (no later than August 11, 2023), to: The 5-hour ENERGY® Charge Up Your Summer Sweepstakes Winner Confirmation Request, PO Box 654, Social Circle, GA 30025-654.
SPONSOR: Living Essentials, LLC, 38955 Hills Tech Drive, Farmington Hills, MI 48331.
SWEEPSTAKES ADMINISTRATOR: US Sweepstakes & Fulfillment Company, 625 Panorama Trail, Suite 2100, Rochester, NY 14625. 1-800-620-6044
All trademarks used herein are the property of their respective owners in the United States and abroad. All rights reserved.