Welcome to the #GFUELFaZeX DREAM SETUP contest (the “Contest”). G Fuel, LLC, its affiliates, successors and assigns (“Company”) reserves the right to use any video submissions (the “Video Submissions”) on its social media channels, website and on any FaZe Clan Inc. social media channels. (See Section 7 “Rights in Submission” below.)
PLEASE NOTE THAT THE ARBITRATION SECTION BELOW CONTAINS PROVISIONS THAT REQUIRE (i) WITH LIMITED EXCEPTIONS, ALL DISPUTES ARISING BETWEEN YOU AND COMPANY UNDER THIS AGREEMENT BE HANDLED BY ARBITRATION, AND (ii) YOU AND COMPANY WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN CONNECTION WITH SUCH DISPUTES. (SEE SECTION 12 BELOW.)
No purchase necessary to enter or win. Must be 13 years of age to enter.
The GFUELFaZeX Dream Setup Contest ("Contest") is designed to give people 13 years or older the chance to win the opportunity.
To enter you must submit a video using #GFUELFaZeX explaining why you are deserving of a “Dream Setup.” You can submit through either Twitter, Instagram, or TikTok using the hashtag #GFUELFaZeX. Your submission must tag @GFUELENERGY and @FaZeClan.
Your video submission must be posted by May 27, 2020 at 12:00 p.m. P.S.T.
Here's how it works:
1. PARTICIPATION: By participating in this Contest, the person participating (“Entrant” or “you”) agrees to be bound by these Official Rules and to Company’s decisions, which are final and binding on all matters relating to the Contest. The Contest submission period begins at 12:00 p.m. P.S.T. on May 21, 2020 and ends at 12:00 p.m. P.S.T. on May 27, 2020 (the "Submission Period"). The sponsor of this Contest is G Fuel, LLC, 113 Alder Street, West Babylon, NY 11704. The Contest will operate as described below, on or about the stated dates:
a. Submission Period (05/21/2020 – 05/27/2020): Videos and applications are submitted according to the "How to Enter" description in Section 3 of the Official Rules.
b. Judges and Selection: After Video Submissions are reviewed by Company staff and certain members of FaZe Clan Inc. (the “Judges”) shall review the Video Submissions and hand select the winners.
c. Winner: Winners will be announced on May 28, 2020 (“Winners”). The Winners shall include one (1) Grand Prize Winner, four (4) 2nd Place Winners and ten (1) 3rd Place Winners will receive the following:
Grand Prize Winner – One (1) Grand Prize Winner shall receive the prizes listed below (Approximate Value $7,463.46):
- 12 Month Supply of G FUEL Energy Tubs ($431.88)
- G FUEL Mini Fridge ($500.00)
- 5 cases of G FUEL Energy Cans (60 cans total) ($159.95)
- FaZe Merch (Up to $100)
- Digital Storm PC ($2,789.00) (Link to PC; Link to Build)
- Zowie Monitor x 2 ($573.84) (Link to Monitors off Amazon)
- DX Racer Chair ($399.00)
- Desk (or a better desk) ($249.99) (Link to Desk)
- Steelseries Mouse ($144.98) (Link to Mouse; Link to Mousepad)
- Steelseries Keyboard ($199.99) (Link to Keyboard)
- Steelseries Headset ($329.99) (Link to headset)
- Displates to hang on wall (2 medium Displates) ($88.00) (Link for Displates; Link to Displates)
- SCUF Controller ($149.95) (Link for SCUF)
- Logitech Cam ($199.00) (Link to Cam)
- Rode Mic (Mic desk mount) ($357.94) (Link to Mic; Link for Shock Mount; Link to Boom Arm)
- Elgato Green Screen ($159.99) (Link to Green Screen)
- Elgato Stream deck ($149.99) (Link to Stream deck)
- Elgato Capture Card ($179.99) (Link to Capture Card)
- Elgato Stream lights ($199.99) (Link to lights)
- Logitech G560 Speakers ($199.99) (Link to Speakers)
2nd Place Winners – Four (4) 2nd Place Winners shall receive a Sour FaZeBerry Collectors Box, one (1) tub of each of the following flavors: Hype Sauce, FaZeBerry, Sour Blue Chug Rug, and Ragin Gummy Fish. (Approximate Value $183.95)
3rd Place Winners – Ten (10) 3rd Place Winners shall receive a code for a G Fuel Energy Formula starter kit (e., Shaker Cup and seven (7) single servings of G Fuel Energy Formula). (Approximate Value $14.99)
2. ELIGIBILITY: Contest is open to Entrants residing in the United States only. Entrants must be at least 13 years of age and have Internet access, as of the date of submission. Entrants under 18 years of age must obtain permission from such Entrants parent/legal guardian. Employees, officers and directors of Company, its member stations, members of their immediate families, and those living in the same household, are ineligible. Each Entrant must be the authorized account holder of the E-mail address registered in such Entrant’s submission (as described in Section 3, below). The "authorized account holder" is defined as the natural person to whom the E-mail address is assigned by an Internet service 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. Entry constitutes Entrant's certification that Entrant meets the eligibility requirements set forth in this Agreement. Company reserves the right to verify eligibility of any potential Winner. Winning a prize is contingent upon fulfilling all requirements set forth herein.
3. HOW TO ENTER: To enter you must submit a video using #GFUELFaZeX explaining why you are deserving of a “Dream Setup.” You can submit through either Twitter, Instagram, or TikTok using the hashtag #GFUELFaZeX. Your submission must tag @GFUELENERGY and @FaZeClan.
All Submissions must be posted by 12:00 p.m. P.S.T. on May 27, 2020. Company is not responsible for late or unsuccessful attempts to enter. Company reserves the right to allow for minor fluctuations between the Entrant's timing device and the actual runtime of the Submission, based on clear intent to comply with this Agreement, as determined in Company's sole discretion. The Entrant should be able to provide on request all appropriate clearances, permissions, and releases for the Video Submission, including releases from the submitting Entrant and any third parties appearing in the Submission. Incomplete, corrupted, untimely, or unintelligible entries will be disqualified. If for any reason an Entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Entrant's sole remedy is another entry in the Contest, Company reserves the right to determine in its sole discretion which entries have satisfied the entry requirements. ELIGIBLE ENTRANTS MUST SUBMIT EACH ENTRY IN ACCORDANCE WITH THESE OFFICIAL RULES. NO OTHER METHOD OF SUBMISSION WILL BE ACCEPTED.
Video Submission Requirements
The Video Submissions must:
- Be submitted in a format that is no less than eight (8) seconds in duration and no longer than seconds (15) in duration.
- Be the Entrant's original idea (modification of previously published work shall not be considered an original idea Video Submission). Entrants should not knowingly copy another's idea, but entries will not be excluded merely because another Entrant has a similar Video Submission.
Video Submissions must NOT:
- Contain material which is (or promotes activities which are) sexually explicit, obscene, pornographic, violent, self-mutilating (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g. underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, or harassing;
- Include mention or performance of any copyrighted media production including but not limited to music, films, books, television programming, etc., or identifying descriptions of any media property.
- Contain material that violates or infringes another's rights, including but not limited to material that violates privacy, publicity, or intellectual property rights, or that constitutes copyright infringement. Without limiting the foregoing, Video Submission must not include third party trademarks, logos, insignia, location signage, photographs, artwork, or sculptures.
- Include third parties, including but not limited to minors, celebrities and friends who have not expressly authorized Entrants to display their image, likeness or voice in any submitted Video Submission or otherwise use such image, likeness or voice in accordance with these Official Rules.
By entering, each Entrant represents and warrants that such Entrant’s Video Submission (and Company's and its designees' use thereof) does not and will not defame or otherwise violate the rights of any third party and does not and will not violate any federal, state, or local laws or ordinances. Entrant further represents and warrants that Entrant has secured the requisite consent from any third party referenced or appearing in their Video Submission. To the extent that anyone under the age of 18 appears in a Video Submission, Entrant represents and warrants that the minor's parents consented to the minor's appearance in the Video Submission and any future use by Company of such Video Submission. Company reserves the right in its sole discretion to disqualify any entry that it believes violates any of the Video Submission Requirements, does not otherwise comply with these Official Rules, or that is not consistent with the spirit and theme of the Contest. Entrants will retain copyright in their work, but each Entrant grants to Company a non-exclusive, worldwide, perpetual, assignable, royalty-free license to publish, reproduce, distribute, display, perform, create derivative works, transmit or disseminate the Video Submission or parts thereof in all media or platforms whether now known or hereafter invented. Entrant also waives any and all moral rights in the Video Submission with respect to any use by Company, its sublicensees or assigns. Company and its designees shall have the perpetual, worldwide right to publish and use the entries in any way, and in any media for trade, advertising, promotional, and/or other purposes as Company and/or its designees may determine without further consideration to Entrant or any third party.
4. VIEWING PERIOD AND VOTING: Winners will be selected by the Judges and announced on May 28, 2020.
5. WINNER NOTIFICATION AND ANNOUNCEMENT: Final Winners, will be notified by social media accounts used for the Entrant’s Video Submission as set forth in Section 1 above, and will be required to respond (as directed) to the notification attempt. The failure to respond timely to the notification may result in forfeiture of participation in the Contest and, in such case, Company will have the option of selecting another Entrant as a Winner. Each Winner will be required to execute and return a notarized affidavit of eligibility and liability/publicity release, minor release, etc. (where legally required or permissible) and other documents required by Company or its designee within a reasonable amount of time to effectuate and formalize the transfer of the Entrant’s prizes. If a potential Winner cannot be contacted by via their social media account after the first attempt to contact him or her, or if he or she fails to sign and return any required documentation, the potential Winner will be disqualified and an alternate entry may be selected in his or her place from all eligible entries received according to the judging criteria described above.
The Prizes consist of the items listed in Section 1.d. above.
Company makes no representations or warranties with respect to the potential benefits or outcomes to any Winner with respect to the prizes.
Prize Restrictions: Winner cannot assign or transfer the prize to another person. No prize substitution or changes are allowed except at the discretion of Company. Non-cash prizes cannot be substituted or redeemed for cash. All prizes are subject to availability. If a prize or any portion of a prize cannot be awarded due to circumstances beyond the control of Company, a substitute prize may be awarded; provided, however, that if prizes are awarded but unclaimed/forfeited by Entrant, prize may not be re-awarded in Company's sole discretion. Other restrictions may apply. Prize/awards are provided "as is" without warranty of any kind.
7. RIGHTS IN SUBMISSIONS: In consideration of Entrant's Video Submission being reviewed and evaluated for this Contest and any additional video submissions, posts on any media during the Challenge Rounds (collectively, the “Posts”), each Entrant hereby grants to the Company and its assignees, the exclusive, irrevocable, fully paid, universal license to use, copy, sublicense, transmit, distribute, publicly perform, publish, delete or display such Posts, or any portion thereof, in any media now known or hereafter devised including, but not limited to all forms of television and all forms of Internet and wireless protocol. Each Entrant authorizes Company and any entities affiliated or in privity with the Company to utilize, for eternity and in any manner they see fit, the Posts submitted to Company, and to make derivative works from such materials solely in connection with the Contest (i.e., to create promotional materials). Each Entrant releases the Company, and their assignees and licensees, from any and all claims or liability (now known or hereafter arising), including but not limited to any claims for defense and/or indemnity, in connection therewith. Each Entrant agrees and acknowledges that participation in the Contest, including, without limitation, the Entrant's decision to provide the Posts to Company for purposes of the Contest, shall not give rise to any confidential, fiduciary, implied-in-fact, implied-in-law, or other special relationship between Company and Entrant, does not place the Company in a position that is any different from the position held by members of the general public with regard to elements of the Post submission, and that the only contracts, express or implied, between the Company and Entrant are as set forth in this Agreement and the release forms. The Winners shall be required to complete and execute documents as a condition of prize acceptance. In addition, by participating in the Contest and submitting the Posts, each Entrant hereby grants permission (except where prohibited by law) for the Company to use Entrant's Posts, name, likeness, voice, quotes, comments, biographical information, photograph and/or image for the purpose of advertising, trade, or promotion without further notice, permission, compensation or consideration in any and all media now known or hereafter developed throughout the universe, unless prohibited by law. Except as required by law or permitted pursuant to this Agreement, the Company will not share an Entrant's information with any third parties.
8. NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each Entrant understands and acknowledges that Company has wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each Entrant also acknowledges that many ideas or stories may be competitive with, similar or identical to the Posts and/or each other in theme, idea, plot, format, or other respects. Each Entrant acknowledges and agrees that such Entrant will not be entitled to any compensation as a result of Company's use of any such similar or identical material. Each Entrant acknowledges and agrees that the Company does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Posts. Finally, each Entrant acknowledges that, with respect to any claim by Entrant relating to or arising out of Company's actual or alleged exploitation or use of any Posts or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable Entrant will not be irreparable or otherwise sufficient to entitle such Entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the Posts or any other production based on or allegedly based on the Posts, and the Entrant's rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
9. RIGHTS OF SPONSOR / DISCLAIMER OF LIABILITY: Company shall have the right and sole discretion to edit, to refuse to air or transmit, or cease to air or transmit any Post whatsoever which it finds to be in violation of these Official Rules, or which it finds in its sole discretion to be otherwise objectionable for any reason, including with respect to Company's standards and practices and other policies. Company also reserves the right to replace a Winners’ Posts with the Posts of an alternate eligible Entrant in accordance with the Agreement if such Post and/or Entrant is withdrawn from or removed from the Contest for any reason, including without limitation, Entrant's failure to execute required documentation. The opinions expressed in the Posts are not necessarily (and in some cases not at all) those of Company. Company is not responsible for any materials provided by Entrants which are deemed harmful or offensive to others or for any harm incurred as a result of the creation of any Post. The Company is not responsible in any way for any injury, loss or damage which occurs as a result of an opinion expressed or information provided in any Post transmitted on the website or on television. The Company makes no warranties, express or implied, as to the content or the accuracy or reliability of any information or statements contained in any Post. All statements and opinions made by Entrants are those of such Entrants only, and the Company neither endorses nor shall be held responsible for the reliability or accuracy of same. Company is not responsible for the content or practices of YouTube or other third-party websites that may be utilized with respect to the Posts and/or use of the Posts by Company. The Posts may also be linked to websites operated by companies affiliated with Company. Visitors to those sites should refer to each site's separate privacy policies and practices.
10. WARRANTY: It is an express condition of submission and eligibility that each Entrant warrants and represents that Entrant's Video Submission and any other Post is solely owned by Entrant and solely created by Entrant for the purpose of entering this Contest, and that no other party has any rights or interest in the Video Submission or any other Post. Entrant further represents and warrants that the Video Submission and any other Post and any use thereof by Company or any partners, subsidiaries and affiliates in connection with programming, advertising, promotion and publicity, shall not infringe upon any statutory or common law intellectual property right (including, without limitation, any copyright) under U.S. and international laws and shall not constitute a defamation, or invasion of the right of privacy or publicity, or infringement of any other right of any kind of any third party.
11. INDEMNITY: The Contest may also be promoted by a third party or parties (each a "Promotional Partner," collectively "Promotional Partners"). Entrant shall indemnify and hold harmless Company, any Promotional Partners, and each of their respective parents, affiliates, successors, assigns and licensees, and each of their respective employees, shareholders, officers, directors, agents and representatives from and against any and all liability, claims, loss, damage, injury or expense, including reasonable attorneys' fees, arising in connection with any third party action arising out of a breach or allegation which if true would constitute a breach, of any of Entrant's representations, warranties or obligations herein.
12. RELEASE AND LIMITATION OF LIABILITY: By participating, each Entrant agrees that the Company, and each of its respective agents, representatives, parent companies, affiliates, subsidiaries and legal advisers, and each of their respective employees, shareholders, officers, and directors ("Released Parties") are not responsible or liable for, and shall be released and held harmless from: (i) late, lost, delayed, damaged, incomplete, illegible, unintelligible, misdirected or otherwise undeliverable mail, postage-due notices, release forms, affidavits or other correspondence; (ii) telephone, electronic, hardware or software program, network, Internet or computer malfunctions, failures, or difficulties of any kind; (iii) any condition caused by events beyond the control of the Company that may cause the Contest to be disrupted or corrupted; (iv) any printing, human, typographical or other errors or ambiguities in (or involving) any materials associated with the Contest; (v) any and all losses, damages, rights, claims and action of any kind in connection with or resulting from participation in the Contest; (vi) acceptance, possession, or use of any prize, including without limitation, personal injury, death and property damage arising there from; and (vii) claims based on publicity rights, defamation or invasion of privacy. Company reserves the right, in its sole discretion, to suspend or cancel the Contest at any time for any reason, including, without limitation, if a computer virus, bug or other technical problem corrupts the administration, security, or proper conduct of the Contest, strikes, lock-outs, acts of God, technical difficulties, and other events not within the reasonable control of Company.
BY PARTICIPATING IN THIS CONTEST, ENTRANTS AGREE THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES, OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE, ENTRY OR PARTICIPATION IN THIS CONTEST OR IN ANY CONTEST-RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO TRAVEL CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS CONTEST AND THE PROMOTION THEREOF, INCLUDING THE CONTEST VIDEO SUBMISSIONS, POSTS AND ALL PRIZES, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
13. ARBITRATION AND GOVERNING LAW.
Any dispute arising hereunder shall 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 you and Company 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 Company. The only exceptions to this are that (i) each of you and Company retains the right to sue in small claims court and (ii) each of you and Company may bring suit in court against the other to enjoin infringement or other misuse of intellectual property rights.
This Agreement shall be deemed negotiated and entered into and shall 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 this Agreement shall 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 this Agreement, 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 Company agree to submit to the exclusive jurisdiction of the courts located in Suffolk County, New York, to resolve any Dispute arising out of the Agreement or services or products provided by Company. YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT.
YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE SITE OR THE COMPANY SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CAUSE OF ACTION ACCRUES. AFTER SUCH PERIOD, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
14. GENERAL TERMS AND CONDITIONS: New York law governs this Contest. All issues and questions concerning the construction, validity, interpretation and enforceability of the Contest, or the rights and obligations of Entrants and Company in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the New York, without giving effect to any choice of law or conflict of law rules or provisions (whether of New York or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the New York. In the event of a claim or dispute, Entrants' sole remedy shall be limited to their remedy at law for damages, if any, and Entrants shall not have the right to in any way enjoin or restrain the distribution, advertising, publicizing or other exploitation (in any form of media) of the Contest and/or any intellectual property owned or licensed by the Company or their respective parent companies, subsidiaries, member stations, and affiliated entities. Company reserves the right, at its sole discretion, to prohibit any Entrant from participating in the Contest or to disqualify any individual it finds, in its sole determination, to be tampering with the entry process or the operation of the Contest; to be attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or any other unfair playing practices; to be acting in violation of this Agreement; or to be acting in a disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Company may suspend or discontinue the Contest if, in its sole opinion, there is any actual or suspected tampering of the Contest, or any other malfunction, event or activity that may affect the integrity of the Contest. COMPANY SHALL NOT BE OBLIGATED TO AWARD ANY PRIZE THAT RELATES TO OR ARISES OUT OF IMPROPER OR MISTAKEN PRIZE NOTIFICATION, OPERATION OR FUNCTION OF THIS CONTEST.
16. SPONSOR: G Fuel, LLC, 113 Alder Street, West Babylon, NY 11704.
17. OFFICIAL RULES AND WINNERS LIST: For a copy of this Agreement, visit https://gfuel.com/fazex or send a self-addressed, stamped envelope for receipt by May 27, 2020 to: Agreement, "#GFUELFaZeX DREAM SETUP”, G Fuel, LLC, 113 Alder Street, West Babylon, NY 11704. For a list of winners, available after May 28, 2020, send a self-addressed, stamped envelope for receipt by July 31, 2019, to: Winners List, "#GFUELFaZeX DREAM SETUP ", c/o G Fuel, LLC, 113 Alder Street, West Babylon, NY 11704. Requests received without a self-addressed, stamped envelope will not be fulfilled.