“G FUEL x GNC Holiday Giveaway”
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram or GNC. You understand that you are supplying your information to the Sponsor and not to Instagram or GNC. Names, logos, and/or materials associated with prize descriptions are used for purposes of promotion and/or prize descriptions only and such use is not intended to suggest or imply sponsorship of this Sweepstakes.
SPONSOR: GFUEL, LLC, 100 Wireless Blvd, Hauppauge, NY 11788 (the “Sponsor”)
DATES OF SWEEPSTAKES: The “G FUEL x GNC Holiday Giveaway” (the “Sweepstakes”) begins at 12:00 a.m. Eastern Time (“ET”) on December 20, 2022 and ends at 11:59 p.m. ET on December 30, 2022 (the “Sweepstakes Period”). Entries received outside of the Sweepstakes Period, and not in accordance herewith, will be disqualified. Instagram’s date and time stamps will be the official time keeping devices for this Sweepstakes.
ELIGIBILITY: The Sweepstakes is open to permanent legal residents of the continental United States and the District of Columbia who are eighteen (18) years of age or older (or the age of majority in their respective jurisdiction of residence) at the time of entry (each, an “Entrant”). Each Entrant who is selected as a potential grand prize winner (“Grand Prize Winner”) must have a unique, personal and valid social security number for Sponsor (defined below) to report the tax liability associated with acceptance of the grand prize (“Grand Prize”). Valid social security numbers will be determined by Internal Revenue Service (“IRS”) requirements as further defined in the “PRIZE CLAIMS” section of these Official Rules. Employees and their immediate family members (parents, children, siblings or spouse, regardless of where they live, or persons living in the same household, whether related or not) of Sponsor, GNC and each of its parent company, divisions, affiliates, subsidiaries, distributors, advertising and promotion agencies, and any others engaged in the development, production, execution or distribution of this Sweepstakes, including but not limited to National Sweepstakes Company, LLC (the “Independent Administrator”) and the entities supplying the prizes herein (all of the aforementioned collectively referred to as the “Sweepstakes Entities”), are not eligible to participate. The Sweepstakes is subject to all federal, state and/or local laws and regulations and is void in Alaska, Hawaii, Puerto Rico and other U.S. territories and possessions located outside the continental United States and the District of Columbia, and wherever prohibited or restricted by law.
AGREEMENT TO OFFICIAL RULES: Participation in the Sweepstakes constitutes Entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of Sponsor and Independent Administrator, which are final and binding. Eligibility to win a prize is contingent upon fulfilling all requirements set forth in these Official Rules in a timely manner.
HOW TO PARTICIPATE: In order to participate in the Sweepstakes, Entrant must be a registered Instagram user. To become a registered user, visit www.instagram.com and follow the instructions prior to entering this Sweepstakes. Entrant’s Instagram profile settings must be set to “public” in order to be viewable by the Sponsor for winner determination. If the Entrant’s account is not set to “public”, the Sponsor may not be able to verify the entry and the Entrant may not be eligible to win. Entrants may not use multiple Instagram accounts to enter.
In order to be eligible for the chance to win Entrants must complete all of the following tasks:
- Visit Sponsor (@GFuelEnergy) on Instagram and locate the Sweepstakes post which will be posted on January 1, 2023 (the “Post”). Then, “Like” the Post on @GfuelEnergy; and
- Follow Sponsor (@GFuelEnergy) and GNC (@GNClivewell) on Instagram; and
- Tag one (1) friend in the comment section of the Post on Sponsor’s Instagram page
Upon completing all of the above tasks, Entrants will earn one (1) entry into the Sweepstakes. Limit of one (1) entry per Entrant. Any attempt by an Entrant to enter more than the stated number of entries by using multiple/different email addresses, identities, and/or any other methods, will void all of that Entrant’s entries.
Entrant understands and agrees that the Sponsor and Sweepstakes Entities are not responsible for any entry that is lost, late, misdirected, inaccessible, unviewable or undeliverable, whether due to; (a) system errors, omissions, interruptions, deletions, defects, delays, theft or destruction; (b) failed, faulty, incomplete or garbled computer or telephone transmissions or other telecommunication malfunctions, hardware or software errors of any kind; (c) lost or unavailable network connections, typographical or system errors and failures, technical malfunctions, or otherwise. Each entry will be reviewed and approved by the Sponsor and may be disqualified if not submitted in accordance with these Official Rules. Sponsor/Independent Administrator reserve the right to disqualify an entry it feels is inappropriate in any way. Late entries or entries sent via any other method than those stated above will not be accepted. Should any entry violate these restrictions, such Entry will be disqualified and will not be eligible to win. In such event, Sponsor and Independent Administrator further reserve the right to take any necessary actions so as to protect their respective legal rights.
WINNING/NOTIFICATION: On or about January 2, 2023, four (4) Grand Prize Winners and six (6) runner up prize winners (each, a “Runner Up”) will be selected from among all eligible entries received during the Sweepstakes Period. The random drawing will be conducted by the Sponsor whose decisions are based upon their sole discretion and interpretation of these Official Rules and are final and binding in all respects. Odds of being selected as a Prize Winner are dependent upon the total number of entries received during the Sweepstakes Period.
Potential Prize Winners will be notified by the Sponsor via their Instagram account within one (1) to three (3) business days from the date in which the winner is selected. Potential Prize Winners will be required to supply their email address and shipping address for delivery of the respective prize. In addition, the potential Grand Prize Winners will be required to supply their email address and shipping address for delivery of the respective prize and complete the PRIZE CLAIMS process listed below. Sponsor will only make two (2) attempts to reach the potential Prize Winners via Instagram. In the event the Sponsor cannot reach a potential prize winner after two (2) attempts have been made, the original potential Prize Winner will be disqualified and an alternate Prize Winner (selected at random from among the remaining non-winning eligible entries received during the Sweepstakes Period) will be notified until the correct number of prize winners are confirmed.
The prizes will be shipped within four (4) weeks or less from the date in which the Prize Winners are determined and verified. The name of the Prize Winners may also be posted on Sponsor’s website and/or social media channels.
PRIZE CLAIMS: Except where prohibited, the potential Grand Prize Winners will be required to complete, execute and return an Affidavit of Eligibility, Liability and Publicity Release (the “Release”) and an IRS Form W-9 (“W-9 Form”) and any other documents required by Sponsor (collectively, the “Required Documents”) within seven (7) days or less from receipt of Notification from the Independent Administrator by email. If a potential Grand Prize Winner fails to return the Required Documents within the time period required, or if the email is returned as undeliverable, such potential Grand Prize Winner forfeits his/her right to the respective prize and an alternate will be notified as outlined in the WINNING/NOTIFICATION section above, even if the disqualified potential Grand Prize Winner’s name may have been publicly announced. Potential Grand Prize Winners must report income to the IRS. In the event it is deemed during the verification process that a potential Grand Prize Winner does not have a unique, personal and valid social security number for Sponsor to report the tax liability associated with acceptance of the respective prize, such potential Grand Prize Winner will be disqualified, and an Alternate will be notified as outlined above. Valid social security numbers will be determined by IRS requirements. If it is determined by the Sponsor/Independent Administrator, in their sole discretion, that a potential Grand Prize Winner is not eligible or otherwise not in compliance with these Official Rules, the potential Grand Prize Winner forfeits his/her right to the respective prize and an alternate will be notified as outlined in the WINNING / NOTIFICATION section above, even if the disqualified potential Grand Prize Winner’s name may have been publicly announced. In the event a potential Grand Prize Winner is disqualified for any reason, Sponsor/Independent Administrator shall have no liability or obligation to such individual.
PRIZES: There will be ten (10) prizes awarded in this Promotion. The approximate retail value (“ARV”) of all prizes available to be won is $3,319.86 broken down as follows:
Grand Prizes: Four (4) Grand Prizes will be awarded. The ARV of each Grand Prize is $631.98. The total ARV of all Grand Prizes to be awarded is $2,527.92. Each Grand Prize Winner will receive one (1) Sony PS5 (ARV $499.99); one (1) GFUEL Variety 12-Pack of Cans (ARV $31.99), and one (1) GNC Gift Card (ARV $100).
Runner Up Prizes: Six (6) runner up prizes (each, a “Runner Up Prize”) will be awarded. The ARV of each Runner Up Prize is $131.99. The total ARV of all Runner Up Prizes to be awarded is $791.94. Each Runner Up will receive one (1) GFUEL Variety 12-Pack of Cans (ARV $31.99), and one (1) GNC Gift Card (ARV $100).
General Prize Details and Restrictions: No more than one (1) prize will be awarded. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes shall be the sole responsibility of the prize winner. The prize consists of the items listed herein. Sponsor makes no representations or warranties with respect to the potential benefits or outcomes to any prize winner with respect to a prize. ALL PRIZE(S) ARE AWARDED “AS IS” AND SPONSOR DOES NOT MAKE (AND IS NOT RESPONSIBLE FOR) ANY REPRESENTATIONS, GUARANTEES OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATING TO ANY PRIZE, AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED.
No Winner may assign or transfer a prize to another person. No prize substitution, exchanges, redemptions, transfers or changes are allowed, except at the sole and absolute discretion of Sponsor. Non-cash prizes cannot be substituted or redeemed for cash. All prizes are subject to availability and subject to change. If a prize or any portion of a prize cannot be awarded due to circumstances beyond the control of Sponsor, a substitute prize may be awarded; provided, however, that if prizes are awarded but unclaimed/forfeited by a prize winner, such Prize may not be re-awarded, in Sponsor’s sole and absolute discretion. Prizes should only be redeemed and accepted by the applicable prize winner. Prizes will only be awarded if properly claimed according to these Official Rules. Other restrictions may apply.
All taxes, fees and surcharges related to a prize, if any, are the sole responsibility of each applicable prize winner, and may be subject to applicable withholding
GENERAL CONDITIONS: Sponsor reserves the right in its sole discretion to disqualify any individual or entity it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules. Any attempt by any person to undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. The failure of Sponsor/Independent Administrator to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsor/Independent Administrator, or other “force majeure” event will not be considered a breach of these Official Rules. In the event that the operation, security, or administration of the Sweepstakes is impaired in any way for any reason, Sponsor may, in its sole discretion, either (a) suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules, or (b) cancel the Sweepstakes and, at Sponsor’s sole discretion, award the prizes to Entrants from among the eligible entries received up to the time of the impairment based upon the “Winning/Notification” section of these Official Rules. Sponsor’s/Independent Administrator’s failure to enforce any provision of these Official Rules shall not constitute a waiver of that provision. The Released Parties (defined below) are not responsible for lost, late, misdirected, undeliverable or incomplete entries, whether due to system errors or failures, faulty transmissions or other telecommunication malfunctions, entries received resulting from any hardware or software failures of any kind, lost or unavailable network connections, failed, incomplete or garbled computer or telephone transmissions, typographical or system errors and failures, technical malfunctions in connection with the Sweepstakes, including, without limitation, with the administration of the Sweepstakes, the processing of entries, the random selection of winners, the announcement of the winners, or in any other Sweepstakes-related materials.
In the event of a dispute regarding who entered an entry, the entry will be deemed submitted by the Authorized Account Holder (defined below) of the e-mail address or social media account provided at the time of entry. “Authorized Account Holder” is defined as the natural person who is assigned to an e-mail address by the Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address or the natural person who is assigned to the social media account. An Entrant may be requested to provide Sponsor with proof that the Entrant is the Authorized Account Holder of the email address or social media account associated with the entry. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ANY AND ALL REMEDIES AVAILABLE FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. THE PRECEDING EXPRESSLY INCLUDES BUT IS NOT LIMITED TO ANY ATTEMPT TO TAMPER WITH OR MANIPULATE THE PUBLIC VOTING PHASE OF THE SWEEPSTAKES.
RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Sweepstakes, Entrant agrees to release and hold harmless Sponsor, GNC, Sweepstakes Entities, Instagram, their officers, directors, employees, and agents (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any prize (as applicable), 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) errors in the administration of the Sweepstakes or the processing of entries or votes; (e) any incorrect or inaccurate information; (f) inability to access Sponsor’s internet web site; (g) entries that are processed late or incorrectly or are incomplete or lost due to computer or electronic malfunction or traffic congestion on the internet or at any website; and/or (h) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Sweepstakes or Entrant’s receipt of any prize or Sponsor’s use of entered entries and attributes, including, without limitation, claims for invasion of privacy, right of publicity, defamation, libel, or further consideration. Entrant further agrees that in any cause of action, Sponsor’s liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall Sponsor be liable for attorney’s fees.
NO LIABILITY: By participating, Entrants agree to release, discharge, indemnify, and hold harmless Sponsor, GNC, the Sweepstakes Entities, Instagram and each of their respective officers, directors, employees, representatives and agents from and against any claims made by the winner, Entrants, or any other third parties, related in any way to the operation of this Sweepstakes as well as any other claims, damages or liability due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in any Sweepstakes-related activity or participation in this Sweepstakes.
GOVERNING LAW AND VENUE: Any dispute arising under these Rules or this Sweepstakes will be arbitrated by, and under the rules of, J.A.M.S. in binding arbitration in Suffolk County, New York, and before a mutually selected arbitrator experienced in the United States television and internet entertainment industry. Each of Entrant and Sponsor also agrees to give up the right to have claims heard by a jury and the ability to seek to represent, in a class action or otherwise, anyone but each of you and Sponsor. The only exceptions to this are that (a) each of you and Sponsor retains the right to sue in small claims court; and (b) each of you and Sponsor may bring suit in court against the other to enjoin infringement or other misuse of intellectual property rights.
These Official Rules will be deemed negotiated and entered into and will be construed in accordance with the laws of the State of New York and the United States applicable to agreements which are negotiated, signed and performed within such state. All actions, proceedings or litigation arising out of these Rules will be instituted and prosecuted solely within the State of New York. You hereby consent to the jurisdiction of the state courts of New York and the federal courts located in the County of Suffolk as to any matter arising out of or relating to these Official Rules, and agree that Suffolk County, New York is a convenient forum.
Except with respect to Disputes to be resolved through an arbitration process in accordance with the Arbitration Agreement contained above, you and Sponsor agree to submit to the exclusive jurisdiction of the courts located in Suffolk County, New York, to resolve any Dispute arising out of these Official Rules or services or products provided by Sponsor. YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THESE RULES.
YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE OFFICIAL RULES, THE SITE OR SPONSOR SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CAUSE OF ACTION ACCRUES. AFTER SUCH PERIOD, SUCH CAUSE OF ACTION WILL BE PERMANENTLY BARRED.
INDEPENDENT ADMINISTRATOR: This Sweepstakes is being administered by National Sweepstakes Company, LLC, 1143 East Union St, Newark, NY 14513. Its decisions are final and binding regarding the conduct of this Sweepstakes.
WINNER’S LIST REQUEST: To receive the name of the Grand Prize Winner, send a self-addressed, stamped (business size) envelope to: “GFUEL x GNC Holiday Giveaway” Winner’s List Request, PO Box 458, Newark, NY 14513. Requests must be received by February 28, 2023.
This Sweepstakes shall not be published without the written permission of the Sponsor.