NOS Energy Drink – Fire Up – Win a grand prize of a custom NOS vehicle valued at $50,000 ARV OR a trip for 2 valued at $8,000 ARV OR 1 of 100 minor prizes
NOS® Energy Drink ‘Fire Up’
Sweepstakes Official Rules
BY SUBMITTING AN ENTRY TO THIS SWEEPSTAKES DURING THE SWEEPSTAKES ENTRY PERIOD, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT. SO READ THEM CAREFULLY BEFORE ENTERING. AMONG OTHER THINGS, THIS CONTRACT INCLUDES INDEMNITIES FROM YOU TO THE SWEEPSTAKES ENTITIES (DEFINED BELOW) AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ELIGIBLE ENTRIES RECEIVED. VOID OUTSIDE OF THE 48 CONTIGUOUS UNITED STATES AND THE DISTRICT OF COLUMBIA, AND WHERE PROHIBITED BY LAW OR RESTRICTED BY LAW.
Energy Beverages LLC (“NOS”) is offering the “NOS® Energy Drink ‘Fire Up’ Sweepstakes” (the “Sweepstakes”). The Sweepstakes is subject to these official rules (the “Official Rules”), and by entering, entrant (“Entrant”) agrees to be bound by them and the decisions of NOS, which are final and binding in all respects. This Sweepstakes begins at 12:01 AM, January 4, 2016, US Pacific Time and ends April 30, 2016 at 11:59 PM, US Pacific Time (the “Entry Period”). NOS’s computer is the official timekeeping device for entry in the Sweepstakes. All entries must be received by 11:59 PM Pacific Time on April 30, 2016
1. Eligibility: The Sweepstakes is open to legal residents of, and physically located within, the forty-eight (48) contiguous United States or the District of Columbia, who are 18 years of age or the age of majority in Entrant’s State of residence, whichever is greater, or older, at the time of entry. VOID WHERE PROHIBITED. Employees, officers and representatives and members of the immediate families (i.e., parents, spouses, siblings, children, grandparents, step parents, step children and step siblings, and their respective spouses, and those living in the same household, whether or not related) of NOS, Orbit Sales & Marketing LLC (the “Administrator”), and their respective affiliated companies, parent companies, subsidiaries, participating promotional partners, retailers, distributors, advertising and promotion agencies, webmasters and any company involved in the creation, design, execution, production, or fulfillment of the Sweepstakes (the “Sweepstakes Entities”) are not eligible. All entries submitted in compliance with these Official Rules and not disqualified or void are considered “Eligible Entries.” All entries are the property of NOS.
2. How To Enter: There is one (1) entry method to enter this Sweepstakes. Entrants wishing to enter the Sweepstakes may do so by visiting www.drinknos.com click on the Sweepstakes registration link and complete the on-line registration by providing the following information: first name, last name, State of residence, a valid email address, date of birth, and telephone number including area code. Upon clicking the “Submit” button, Entrants will receive one (1) entry into the Sweepstakes. Limit one (1) entry per person, per valid e-mail address. There is a limit of one (1) entry, per eligible person during the Entry Period.
For purposes of this Sweepstakes, a “day” begins at 12:01 a.m. US Pacific Time and ends at 11:59 p.m. US Pacific Time. Entries that are in excess of the stated limits, incomplete, illegible, corrupted, damaged, destroyed, forged, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Sweepstakes at NOS’s sole and absolute discretion. Entries generated by a script, computer programs, macro, programmed, robotic or other automated means are void and may be disqualified. Subsequent attempts made by the same individual to submit multiple entries by using multiple or false contact information or otherwise may be disqualified. The Sweepstakes Entities (defined below) are not responsible for technical failures of any kind, including, but not limited to, the malfunctioning of any wireless network, telephone, computer, computer network, hardware or software or the unavailability or inaccessibility of any service. The Sweepstakes Entities are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s handset to receive messages. Those who do not follow all of the instructions, provide the required information in their entry form, or abide by these Official Rules or other instructions of NOS may be disqualified. All materials submitted become the property of NOS and will not be returned. Illegible and/or incomplete entries and entries submitted by entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. Normal time rates, if any, charged by the Entrants’ Internet service or mobile provider will apply.
The odds of winning depend on the total number of Eligible Entries received within the Entry Period.
3. Prizes: One Hundred and Two (102) prizes are available to be won.
Grand Prize: One (1) “Grand Prize” is available to be won. The Grand Prize is one (1) custom NOS vehicle. The approximate retail value (“ARV”) of the Grand Prize is: $50,000. GRAND PRIZE WINNER MUST TAKE DELIVERY OF GRAND PRIZE WITHIN THE 48 CONTIGUOUS UNITED STATES OR THE DISTRICT OF COLUMBIA. Grand Prize Winner must have a valid US drivers’ license and proof of insurance to take possession of the Grand Prize.
First Prize: One (1) “First Prize” is available to be won. The First Prize includes: (a) round-trip, economy class airfare tickets for the First Prize winner and his/her one (1) guest (guest must be 18+ years old) from a major airport near the winner’s residence in the United States (as selected by NOS in its sole discretion) to an airport near Seattle, WA (as selected by NOS in its sole discretion); (b) two (2) nights standard hotel accommodations (one room, double occupancy) for the Grand Prize winner and his/her one (1) guest; (c) a chance for the First Prize winner and his/her guest to participate in a VIP experience with Chris Forsberg either on August 4th or 5th, 2016 (subject to change and Mr. Forsberg’s availability); (d) two (2) tickets to a Drift Race August 4th or 5th, 2016 in Monroe, WA (subject to change); and (e) $200 in spending money. Ancillary costs are not included in the First Prize. The ARV of the First Prize is: $8,000.
The ARV of the First Prize may vary depending on the Winner’s residence, market conditions, changes in value of components (e.g., air transportation and hotel rates) and other reasons. NOS is not responsible for, and the First Prize Winner will not receive, the difference between the actual value of the First Prize at the time of award and the stated ARV in these Official Rules or in any Sweepstakes-related correspondence or materials. In the event the Winner lives within close proximity to the trip destination (as determined in NOS’s sole discretion), NOS will substitute airfare with ground transportation, and any difference in value will not be awarded to the First Prize Winner. Failure to complete and component of any First Prize does not relieve the First Prize Winner of his/her tax obligations associated with winning such First Prize. Specific travel arrangements and all prize details not specified herein will be made and determined in NOS’s sole discretion. Travel must originate from and end at the same airport and First Prize Winner and his/her one (1) guest must travel on the same itinerary. It is the First Prize Winner’s sole responsibility to comply with all travel requirements, which may include, without limitation, presenting necessary identification (including photograph) at the time of travel. Flight schedules are subject to change without notice. NOS is not liable for any missed prize events, opportunities or expenses incurred as a consequence of flight cancellation/delay or ground transportation delay. First Prize Winner may be required to provide a credit card at time of accommodation check-in to cover incidentals.
Second Prize: One Hundred (100) “Second Prizes” are available to be won. Each Second Prize is a one (1) NOS® Energy Drink hoodie. Each Second Prize’s ARV is $40. Total ARV of all Second Prizes is $4,000.
4. Winner Selection and Notification: On or about May 5, 2016, the potential “Winners” will be determined via a random drawing, from all Eligible Entries received. Each potential Winner will be notified within three (3) business days of the drawing. Each potential Winner will be notified by email (at the email address provided with the entry), and will be required to confirm his/her e-mail address. A prize won by an Entrant will be awarded to the authorized account holder of the e-mail address or phone number submitted with the entry regardless of the individual who submitted the winning entry. If a potential Winner cannot be reached after a reasonable effort has been exerted or fails to respond within seven (7) days of the date of notification, the potential Winner forfeits the prize, and an alternate potential Winner will be randomly drawn from all remaining Eligible Entries. If the alternate potential Winner is unable to accept the prize, the prize is forfeited and another alternate potential Winner will be randomly drawn from all remaining Eligible Entries. This Winner selection and notification process shall be continued until a Winner is confirmed for each prize. If a prize or a prize notification is returned as undeliverable, the prize will be forfeited and an alternate potential Winner will be randomly drawn.
5. Winner Verification: Within three (3) days of being notified of being a potential Winner, each potential Winner may be required complete, sign, and return documentation required by NOS — including a notarized Affidavit of Eligibility, release of liability, and a publicity release form (except where prohibited). Provided that a potential Winner is in compliance with the Official Rules and after having successfully proven eligibility and provided any documentation required by NOS, the potential Winner will be determined to be a Winner. NOS expressly reserves the right to delay the announcement of the Winners for any reason it deems necessary. In addition, NOS reserves the right to select alternate Winners in the event that any potential Winner fails to comply with these Official Rules. The potential First Prize winners also must have the guest who will accompany the potential Winner on the First Prize trip complete and sign a notarized Affidavit of Eligibility, release of liability, and a publicity release form (except where prohibited) and the potential Winner must return the same to NOS within the time period specified by NOS.
If, for any reason, more bona fide winners come forward seeking to claim a prize in excess of the one hundred and two (102) prizes available as set forth in these Official Rules, the Winner of the prize(s) available may be selected in a random drawing from among all persons making purportedly valid claims for such prize(s). Inclusion in such drawing shall be each Entrant’s sole and exclusive remedy under such circumstances. The Sweepstakes Entities are not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected or unsuccessful efforts to notify the potential Winners.
6. Liability Release and Indemnity: By entering the Sweepstakes, Entrant agrees that NOS, any other Sweepstakes Entities, and each of their respective parents, subsidiaries, affiliated companies, employees, officers, directors, shareholders, agents, retailers, distributors and representatives are indemnified, released and will be held harmless by Entrant from any and all liability, for any damages, injuries or losses of any kind to person(s), including death, or property, arising directly or indirectly from the acceptance, possession, misuse or use of a prize. Each prize is offered and provided “as is” with no warranty or guarantee by NOS, either express or implied. Any and all warranties and/or guarantees on the prizes (if any) are subject to the manufacturer’s terms therefore, and winner agrees to look solely to such manufacturer(s) for any such warranty and/or guarantee. By participating in the Sweepstakes, each Winner acknowledges that the Sweepstakes Entities have not and will not obtain or provide insurance of any kind relating to the prizes.
Entrants agree to indemnify and hold harmless the Sweepstakes Entities from any and all liability arising out of or relating in any way to Entrant’s participation in the Sweepstakes and to release all rights to bring any claim, action or proceeding against the Sweepstakes Entities arising out of participation in the Sweepstakes, use of the Sweepstakes website(s), or receipt or use of any prize, including but not limited to: (a) unauthorized human intervention in the Sweepstakes; (b) technical errors related to computers, servers, providers, or telephone, or network lines; (c) printing errors; (d) lost, late, postage-due, misdirected or undeliverable mail; (e) errors in the administration of the Sweepstakes or the processing of entries; or (f) injury or damage to persons or property (including to any computer systems resulting from participation in or accessing or downloading information in connection with the Sweepstakes), which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Sweepstakes or receipt or use of any prize. Entrants assume all liability for an injury or damage caused, or claimed to be caused, by participation in this Sweepstakes, the use of any Sweepstake website(s), or the acceptance, receipt, or use of any prize or prize component. Entrants further agree that in any cause of action, the Sweepstakes Entities’ liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Sweepstakes Entities be liable for attorney’s fees.
The Sweepstakes Entities assume no responsibility for and will disqualify entries that are: stolen, late, lost, illegible, incomplete, invalid, unintelligible, altered, tampered with, unauthorized, fraudulent, damaged, destroyed, delayed, misdirected, not delivered, not received, or that have incorrect or inaccurate entry information, whether caused by any of the equipment or programming associated with or utilized in Sweepstakes, or by any human, mechanical or electronic error that may occur in the processing of the entries in Sweepstakes, or other errors appearing within the Official Rules or in any Sweepstakes related advertisements. The Sweepstakes Entities assume no responsibility for any typographical or other error in the printing of the offer, administration of Sweepstakes, errors in processing entries, identifying the Winners, in the announcement of the prizes and Winners, the delivery of the prizes, any problems or technical malfunction of any telephone network or lines, computer systems, online systems, servers or providers, computer equipment, software, failure of any e-mail or players on account of technical problems or traffic congestion on the Internet or on any website, or any combination thereof, including, without limitation, any injury or damage to Entrant’s or any other person’s computer system or software related to or resulting from participation in, uploading any materials or downloading any materials in the Sweepstakes. Use of any device to automate or subvert entry is prohibited and any entries received by such means will be void. NOS reserves the right in its sole discretion to disqualify any person it suspects or finds: (i) to have tampered with the entry process or the operation of the Sweepstakes; (ii) to be acting in a disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person; (iii) to display behavior that will bring such Winner or the Sweepstakes Entities into disgrace (e.g., including but not limited to, a person committing acts of moral turpitude, and/or allegations or convictions of any crime); (iv) to have provided inaccurate information on any legal documents submitted in connection with the Sweepstakes; or (v) to be acting in violation of these Official Rules. ANY VIOLATION OF THESE OFFICIAL RULES BY A WINNER WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS A WINNER OF THE SWEEPSTAKES AND ALL PRIVILEGES AS A WINNER WILL BE IMMEDIATELY TERMINATED.
7. Prize Terms: Total ARV of all prizes offered in the Sweepstakes will not exceed $62,000 U.S.D. The ARV is subject to change based upon current market conditions at the time of prize fulfillment. GRAND PRIZE WINNER MUST TAKE DELIVERY OF GRAND PRIZE WITHIN THE 48 CONTIGUOUS UNITED STATES OR THE DISTRICT OF COLUMBIA. Grand Prize Winner must have a valid U.S. drivers’ license and proof of insurance to take delivery of a Grand Prize. Any difference between the ARV and the actual value, if any, will not be awarded. All prize details not specified in these Official Rules will be determined in NOS’s sole discretion. The date for fulfillment of the Grand Prize is anticipated to be sometime in or around May of 2016; the First Prize are anticipated to be fulfilled sometime around August of 2016; and the Second Prizes are anticipated to be fulfilled sometime after May of 2016 but all subject to change in NOS’s sole discretion. If for any reason a prize is unavailable or any prize or related event is delayed, cancelled or postponed, or for any other reason, NOS reserves the right to modify the Sweepstakes in its sole discretion and award a substitute prize, or portion of a prize, of comparable or greater value as set forth in these Official Rules. No substitution, transfer, assignment or cash equivalent of a prize, or any portion thereof, is permitted by a Winner. The Sweepstakes Entities shall have no responsibility or obligation to a Winner who is unable or unavailable to, or who does not for any reason, accept or utilize a prize. In the event a potential Winner cannot accept a prize, an alternate Winner will be randomly drawn from all remaining Eligible Entries. All costs and expenses not specifically listed above as part of a prize (including but not limited to, transport, title, vehicle, registration, insurance, and license fees) are solely a Winner’s responsibility. Each prize is provided “as is”. Entrants acknowledge that the Sweepstakes Entities 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 a prize, including any express warranties provided by any prize supplier that are sent along with a prize and any implied warranty of merchantability of fitness for a particular purpose. Any prize pictured in online, television and print advertising, promotional packaging and other Sweepstakes materials are for illustrative purposes only.
The value of a prize will be taxable to the Winner as income. An IRS Form 1099 and W9 will be issued in the name of the Winner for the actual value of the prize awarded. All U.S. federal, state and local tax liability, and any other costs and expenses associated with acceptance or use of a prize not specifically provided for in these Official Rules are solely the Winner’s responsibility.
8. Grant of Rights. By entering, Entrant irrevocably consents to the use of his or her name, image, photograph, likeness, biographical information, and any video footage related to the prize, for NOS’s advertising, promotional or other commercial purposes in all media now or hereafter known, worldwide and in perpetuity without additional compensation, unless prohibited by law.
9. General Terms. By entering the Sweepstakes, Entrants: (a) agree to be bound by these Official Rules and by the interpretation of these Official Rules by NOS and by the decisions of NOS, which are final and binding in all respects; (b) acknowledge compliance with these Official Rules; (c) agree to comply with any and all applicable federal, state and local laws, rules and regulations; and (d) agree to release and hold harmless the Sweepstakes Entities from and against any claims, injury or damages arising out of or relating to participation in the Sweepstakes and/or the use, misuse or redemption of a prize, and for any claim including claims based upon defamation, publicity rights, invasion of privacy, copyright infringement, trademark infringement, or any other intellectual property-related cause of action arising from or related to the Sweepstakes, the prizes, or NOS’s advertising and marketing related to the Sweepstakes, Entrants or the Winners. Winning a prize is contingent upon fulfilling all requirements set forth herein.
The Sweepstakes Entities are not responsible if the Sweepstakes cannot take place, or if any prize cannot be awarded due to delays, interruptions or failures due to acts of God, war, natural disasters, weather, acts or threats of terrorism, strikes, lockouts, labor disputes, work stoppages, fire, acts of government, or other events outside of the reasonable control of the Sweepstakes Entities. If, for any reason, the Sweepstakes is not capable of running as planned, including, without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the reasonable control of the Sweepstakes Entities, which, in NOS’s sole determination, corrupts or affects the administration, security, fairness, integrity or proper conduct of this Sweepstakes, NOS reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend the Sweepstakes or any part of the Sweepstakes. If the Sweepstakes or any part of the Sweepstakes is terminated or modified prior to the closing date of the Sweepstakes, notice will be posted on www.NOSenergy.com if time permits and the prizes will be awarded to a potential Winners to be selected in a random drawing from among all of the remaining uncorrupted Eligible Entries received prior to any such event outside of the reasonable control of NOS. NOS reserves the right to modify and amend these Official Rules from time to time during the Sweepstakes for clarification purposes.
ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAW AND SHOULD SUCH AN ATTEMPT BE MADE, NOS RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
11. Binding Arbitration: Except where prohibited by law, Entrant agrees: (1) any dispute, controversy or claim arising out of or relating to the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action; (2) any dispute, controversy or claim arising out of or relating to the Sweepstakes or any prize awarded shall be resolved by binding arbitration conducted by JAMS/Endispute (“JAMS”) in accordance with JAMS Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”); (3) any arbitration shall be heard by one arbitrator to be selected in accordance with the JAMS Rules, in Orange County, California; (4) judgment upon any award rendered may be entered in any court having jurisdiction thereof; and (5) any award or judgment shall be subject to all limitations and releases set forth in these Official Rules and be limited to actual out of pocket damages, and shall not, in any event, include any punitive, exemplary, consequential or incidental damages, attorneys’ fees or costs of bringing a claim, or any injunctive or other equitable relief. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
12. Governing Law: All federal, state and local laws and regulations apply. Void where prohibited by law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and NOS in connection with the Sweepstakes, shall be governed by, and construed in accordance with, California law without giving effect to any choice of law or conflict of laws rules (whether of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than California.
13. Request for Names of Winners and Official Rules: All requests for a copy of the Official Rules and for the name of the Winner must be made by April 30, 2016. For the name of the Winner and/or Official Rules: (i) send a self-addressed, stamped envelope postmarked to NOS Energy Drink ‘Fire Up’ Sweepstakes, PO Box 290904, Nashville, TN 37229; and (ii) write “Winners Names” and/or “Official Rules” on the lower left hand corner of the envelope.
14. Sponsored by: This Sweepstakes is sponsored by NOS Energy Company, 2390 Anselmo Drive, Corona, CA 92879.
15. Administered by: This Sweepstakes is administered by Orbit Sales & Marketing LLC, PO Box 290904, Nashville, TN, 37229.
NOTE: Entrant understands that he or she is providing information to Energy Beverages LLC, and the information provided may be used for sending Entrants company updates and announcements from Energy Beverages LLC about the companies and its products.