No Purchase Necessary to Enter or Win
Open Only to Legal United States Residents
Void in Puerto Rico and Rhode Island, and Where Prohibited by Applicable Law
Welcome to the [#GFUELPewDiePie] contest (this “Contest”). G Fuel, LLC and its divisions, parent organizations, affiliates, subsidiaries, licensees, successors and assigns (collectively, “Company”) reserves the right to use any Graphic Art submissions (the “Graphic Art Submissions”) on social media channels and websites and in all media or platforms, whether now known or hereafter invented (see Section 7 of these Rules (as defined below)).
PLEASE NOTE THAT THE ARBITRATION SECTION BELOW CONTAINS PROVISIONS THAT REQUIRE (1) WITH LIMITED EXCEPTIONS, ALL DISPUTES ARISING BETWEEN YOU AND COMPANY UNDER THESE OFFICIAL RULES (AS AMENDED, MODIFIED OR SUPPLEMENTED FROM TIME TO TIME, THESE “RULES”) BE HANDLED BY ARBITRATION; AND (2) YOU AND COMPANY WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN CONNECTION WITH SUCH DISPUTES (SEE SECTION 13 OF THESE RULES).
This Contest is only for your personal enjoyment and entertainment. By participating, you accept and agree (a) to be bound by these Rules, which constitute an agreement between you and Company, and to abide by all applicable laws, rules and regulations (collectively, “Applicable Law”); (b) as between you and Company, that the decisions of Company are final on all matters relating to this Contest; (c) in the event that you do not comply with these Rules, that you will be disqualified and your prize (if any) will be forfeited; and (d) in order to receive a prize and be deemed a Winner, you (or if you are a minor, your parent or legal guardian) may be required to sign and return (in Company’s sole and absolute discretion) these Rules, a notarized affidavit of eligibility and liability/publicity release or any other form, document or agreement reasonably provided by Company. Any potential Winner's failure to return all required forms within a reasonable time period, as determined by Company in Company’s sole and absolute discretion, may result in the potential Winner being disqualified and, again in Company’s sole and absolute discretion, an alternate Winner may be selected.
Please read these Rules carefully. Company reserves the right to modify or amend these Rules without notice at any time, and such modification(s) will be effective upon posting on at pewdiepie-fan-art-contest. All material modifications to these Rules will apply prospectively only. Your continued participation in this Contest following any such modification constitutes your acceptance and agreement to be bound by these Rules as so modified. It is therefore important that you review these Rules regularly. If you do not agree to be bound by these Rules or to abide by Applicable Law, you must immediately cease to participate in this Contest and inform Company of your desire to withdraw your application to participate. You may receive a copy of these Rules by emailing Company at email@example.com with the following subject: #GFUELPewDiePie Contest Official Rules.
Must be either (i) eighteen (18) years of age or older or have reached the age required by their state or territory of residence to be reached in order to enter a contest, if such age is greater than eighteen (18) years of age; or (ii) the parent or legal guardian of a minor at least fourteen (14) years of age and have the legal right to consent to and do hereby consent to these Rules on behalf of that minor.
To enter this Contest you must submit a Graphic Art Submission using #GFUELPewDiePie showcasing your PewDiePie Fan Art of PewDiePie with G FUEL, in G FUEL merchandise, or drinking G FUEL. You can submit your Graphic Art Submission through either Twitter, Instagram, using the hashtag #GFUELPewDiepie and #GFUEL. Your Graphic Art Submission must tag and follow @GFUELENERGY.
Your Graphic Art Submission must be posted by August 10, 2020 at 12:00 p.m. P.S.T.
THERE IS NO FEE FOR PARTICIPATION; HOWEVER, YOU BEAR YOUR OWN COSTS AND EXPENSES IN PARTICIPATING.
EACH WINNER IS SUBJECT TO VERIFICATION BY COMPANY. COMPANY’S DECISION IS FINAL AND BINDING IN ALL MATTERS RELATED TO THIS CONTEST.
Here’s how it works:
1. PARTICIPATION: By participating in this Contest, the person participating (“Entrant” or “you”) if the parent or legal guardian of the minor, the parent or legal guardian and the minor are collectively, the “Entrant” agrees to be bound by these Rules and to Company’s decisions, which are final and binding on all matters relating to this Contest. This Contest submission period begins at [12:00 p.m. P.S.T. on July 20, 2020], and ends at [12:00 p.m. P.S.T. on August 10, 2020] (the “Submission Period”). The sponsor of this Contest is G Fuel, LLC, 113 Alder Street, West Babylon, NY 11704. This Contest will operate as described below, on or about the stated dates:
- Submission Period July 20, 2020 – August 10, 2020:Your Graphic Art deo Submission and application must be submitted in accordance with to the “How to Enter” description in Section 3 of these Rules.
- Submission: To enter you must submit a Graphic Art Submission using #GFUELPewDiePie showcasing your PewDiePie Fan Art of PewDiePie with G FUEL, in G FUEL merchandise, or drinking G FUEL. You can submit your Graphic Art Submission through either Twitter, Instagram, using the hashtag #GFUELPewDiePie and #GFUEL. Your Graphic Art Submission must tag and follow @GFUELENERGY
- Judges and Selection: After Graphic Art Submissions are reviewed by Company staff (the “Judges”), the Judges will hand select each winner.
- Winner: Each winner will be announced on August 15, 2020 (each, a “Winner” and, collectively, “Winners”).
- Prizes: There will be five (5) Winners selected each week [15 TOTAL]. Each Winner will receive [an Amazon Gift Card and PewDiePie Tub + Shaker (Approximate Value US $148.98)]. THE TOTAL MAXIMUM VALUE OF THE PRIZE AWARDED TO EACH WINNER DURING THE SUBMISSION PERIOD WILL BE: US$148.98.
- Odds of Winning: Odds of winning will vary depending on the number of eligible Graphic Art Submission and application received.
2. ELIGIBILITY: No purchase is necessary to enter this Contest. This Contest is open only to natural persons who (a) are legal United States residents (except for residents of Puerto Rico and Rhode Island) and United States taxpayers; (b) are either (i) eighteen (18) years of age or older or have reached the age required by their state or territory of residence to be reached in order to enter a contest, if such age is greater than eighteen (18) years of age; or (ii) the parent or legal guardian of a minor at least fourteen (14) years of age and have the legal right to consent to and do hereby consent to these Rules on behalf of that minor; (c) have agreed to these Rules; and (d) have Internet access, as of the date of submission. Employees or agents of Company or its trade partners, advertising and promotion agencies and associated marketing firms and other vendors and the respective immediate families of such employees and agents, including household members, are not eligible to participate in this Contest.
Each Entrant must be the authorized account holder of the account from which such Entrant posted such Entrant’s Graphic Art Submission and application (as described in Section 3 of these Rules). The “authorized account holder” is defined as the natural person to whom the social media account or e-mail address is assigned by an Internet service provider, online service provider, other organization (e.g., business, educational institution, etc.) that is responsible for assigning such social media account or e-mail addresses or domain associated with the submitted entry. Entry constitutes Entrant’s certification that Entrant meets the eligibility requirements set forth in these Rules. Company reserves the right to verify eligibility of any Winner. Winning a prize is contingent upon fulfilling all requirements set forth in these Rules.
3. HOW TO ENTER: enter you must submit a Graphic Art Submission using #GFUELPewDiePie showcasing your PewDiePie Fan Art of PewDiePie with G FUEL, in G FUEL merchandise, or drinking G FUEL. You can submit your Graphic Art Submission through either Twitter, Instagram, or using the hashtag #GFUELPewDiepie and #GFUEL. Your Graphic Art Submission must tag and follow @GFUELENERGY
All Graphic Art Submission must be posted by 12:00 p.m. P.S.T. on August 10, 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 Graphic Art Submission, based on clear intent to comply with these Rules, as determined in Company’s sole and absolute discretion. The Entrant must be able to provide on request all appropriate clearances, permissions, and releases for the Graphic Art Submission, including releases from the submitting Entrant and any third parties appearing in the Graphic Art 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 this Contest. Company reserves the right to determine, in its sole and absolute discretion, which entries have satisfied the entry requirements. ELIGIBLE ENTRANTS MUST SUBMIT EACH ENTRY IN ACCORDANCE WITH THESE RULES. NO OTHER METHOD OF SUBMISSION WILL BE ACCEPTED.
Graphic Art Submission Requirements
The Graphic Art Submissions must:
- Be submitted in a format that is social media photo; and
- Be the Entrant’s original idea (modification of previously published work will not be considered an original idea Graphic Art Submission). Entrants should not knowingly copy another’s idea, but entries will not be excluded merely because another Entrant has a similar Graphic Art
Graphic Art 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 music, films, books, television programming, etc., or identifying descriptions of any media property;
- Contain material that violates or infringes another’s rights, including material that violates privacy, publicity, or intellectual property rights, or that constitutes copyright infringement. Without limiting the foregoing, Graphic Art Submission must not include third party trademarks, logos, insignia, location signage, photographs, artwork, or sculptures; or
- Include third parties, including minors, celebrities and friends who have not expressly authorized Entrants to display their image, likeness or voice in any submitted Graphic Art Submission or otherwise use such image, likeness or voice in accordance with these Rules.
By entering, each Entrant represents and warrants that (a) such Entrant’s Graphic Art 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 Applicable Laws; and (b) Entrant has secured the requisite consent from any third party referenced or appearing in their Graphic Art Submission. To the extent that anyone under eighteen (18) years of age appears in a Graphic Art Submission, Entrant represents and warrants that the minor’s parents consented to the minor’s appearance in the Graphic Art Submission and any future use by Company of such Graphic Art Submission. 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 Graphic Art 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 Graphic Art Submission with respect to any use by Company. Company and its designees will have the perpetual, worldwide right to publish and use the Graphic Art Submissions in any way, and in any media for trade, advertising, promotional, or other purposes as Company or its designees may determine, without further consideration to Entrant or any third party. Further, except where prohibited, each Entrant grants to Company the absolute and worldwide right, license and permission and consent to use, in any manner or media whatsoever, such entrant's name, voice, photograph (including on web pages maintained by Company), biographical information, other identifying information or likeness for any promotional or publicity purposes.
Any use of robotic, mechanical, automatic, programmed or like methods of participation will void each entry made by such methods. Company will not verify receipt of entries. Company is not responsible for entries, transactions or other submissions not received by Company, for any reason. Any attempted form of entry into this Contest other than as described in these Rules is void. Company may, in Company’s sole and absolute discretion, disqualify or void entries or transactions for this Contest that are late, misdirected, incomplete, inaccurate, corrupted, lost, stolen, illegible or invalid or where appropriate consent has not been provided. Company, in Company’s sole and absolute discretion, reserves the right to disqualify and prohibit from participating (and void such entries) any Entrant, who Company determines (in Company’s sole and absolute discretion) is or is attempting to, directly or indirectly: (a) tamper with Company systems or any part of this Contest, including fraud, tampering, impairment or disruption of the administration, security, fairness or proper play of this Contest; (b) undermine the legitimate operation of this Contest by cheating, deception or other unfair playing practices; (d) intending to annoy, abuse, threaten or harass any other Entrant or other participants, Company or any of its members, managers, directors, shareholders, officers, employees, contractors, agents or representatives or exhibits other unsportsmanlike behavior; (d) otherwise violate these Rules or Applicable Law; or (e) otherwise be inconsistent with the spirit and theme of this Contest.
4. VIEWING PERIOD AND VOTING: Each Winner will be selected by the Judges and announced on or around August 10, 2020.
5. WINNER NOTIFICATION AND ANNOUNCEMENT: Each Winner will be notified by social media accounts used for the Entrant’s Graphic Art Submission as set forth in Section 1 of these Rules, 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 this Contest and, in such case, Company will have the option of selecting another Entrant as a potential Winner. Each Winner (or if such Winner is a minor, such Winner’s parent or legal guardian) 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 Winner cannot be contacted via their social media account or email (i.e., through their submission address) after the first attempt to contact him or her, or if he or she fails to sign and return any required documentation, such 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
6. PRIZES: The Prizes consist of the items listed in Section 1.d. of these Rules. Company makes no representations or warranties with respect to the potential benefits or outcomes to any Winner with respect to the prizes. ALL PRIZES ARE AWARDED “AS IS” AND COMPANY 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.
Prize Restrictions: No Winner may assign or transfer the prize to another person. No prize substitution, exchanges, redemptions, transfers or changes are allowed, except at the sole and absolute discretion of Company. 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 Company, a substitute prize may be awarded; provided, however, that if prizes are awarded but unclaimed/forfeited by a Winner, such prize may not be re-awarded, in Company’s sole and absolute discretion. Prizes should only be redeemed and accepted by the applicable Winner. Prizes will only be awarded if properly claimed according to these Rules. Other restrictions may apply.
All taxes, fees and surcharges related to a prize, if any, are the sole responsibility of each applicable Winner, and may be subject to applicable withholding. Each Entrant bears their own cost in participating, including costs incurred for use of the Internet, data charges and other similar costs. Each Winner may receive an IRS form 1099 at the end of the calendar year for prizes totaling $600.00 in any year, and a copy of such form will be filed with the IRS.
7. RIGHTS IN SUBMISSIONS: In consideration of Entrant’s Graphic Art Submission being reviewed and evaluated for this Contest and any additional Graphic Art submissions and posts on any media (collectively, the “Posts”), each Entrant hereby grants to Company 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 all forms of television and all forms of Internet and wireless protocol. Each Entrant authorizes Company and any entities affiliated or in privity with 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 this Contest (i.e., to create promotional materials). Each Entrant releases Company from any and all claims or liability (now known or hereafter arising), including any claims for defense or indemnity, in connection therewith. Each Entrant agrees and acknowledges that participation in this Contest, including the Entrant’s decision to provide the Posts to Company for purposes of this Contest, will not give rise to any confidential, fiduciary, implied-in-fact, implied-in-law, or other special relationship between Company and Entrant, does not place 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 Company and Entrant are as set forth in these Rules and the release forms. Each Winner will be required to complete and execute documents as a condition of prize acceptance. In addition, by participating in this Contest and submitting the Posts, each Entrant hereby grants permission (except where prohibited by Applicable Law) for Company to use Entrant’s Posts, name, voice, quotes, comments, photograph, image, biographical information (including hometown and state), e-mail address, Graphic Art content, trademarks, trade names, service marks, logos, gamer tags, professional names, symbols, other identifiers or likeness, for the purpose of publicity, 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 Applicable Law.
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 its own employees. Each Entrant also acknowledges that many ideas or stories may be competitive with, similar or identical to the Posts 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 Company does not now and will 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 this 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 will be strictly limited to the right to recover damages, if any, in an action at law.
9. RIGHTS OF SPONSOR / DISCLAIMER OF LIABILITY: Company will have the right and sole and absolute discretion to edit, to refuse to air or transmit, or cease to air or transmit any Post whatsoever which Company finds, in Company’s sole and absolute discretion to be in violation of these Rules or 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 Winner’s Posts with the Posts of an alternate eligible Entrant if such Post or Entrant is withdrawn from or removed from this Contest for any reason, including 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. 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. 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 Company neither endorses nor will be held responsible for the reliability or accuracy of same. Company is not responsible for the content or practices of any social media sites or other third-party websites that may be utilized with respect to the Posts 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 Graphic Art 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 Graphic Art Submission or any other Post. Entrant further represents and warrants that the Graphic Art Submission and any other Post and any use thereof by Company or any partners in connection with programming, advertising, promotion and publicity, will not infringe upon any statutory or common law intellectual property right (including any copyright) under U.S. and international Applicable Law and will 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: This Contest may also be promoted by a third party or parties (each, a “Promotional Partner” and, collectively, “Promotional Partners”). Entrant will indemnify, defend, and hold harmless Company, any Promotional Partners, each of their respective parents, affiliates, successors, assigns and licensees, and each of their respective employees, shareholders, members, managers, officers, directors, advisors, agents and representatives from and against any and all rights, demands, liabilities, claims, losses, damages, injuries, actions, suits of any kind or expenses, including reasonable attorneys’ fees, directly or indirectly, arising out of any participation in this Contest, Graphic Art Submission, Post, prize (including use or misuse of any prize), or actual or alleged breach of any of Entrant’s representations, warranties or obligations in these Rules or other agreement between Entrant and Company.
12. RELEASE AND LIMITATION OF LIABILITY: By participating, each Entrant agrees that Company, any Promotional Partners, each of their respective parents, affiliates, successors, assigns and licensees, and each of their respective equity holders, directors, officers, managers, employees, attorneys, assigns, licensees, co-branders, associated marketing firms, advertisers, sponsors, representatives and agents (collectively, the “Released Parties”), are not responsible or liable for, and will be released and held harmless from: (a) late, lost, delayed, damaged, incomplete, illegible, unintelligible, misdirected or otherwise undeliverable mail, postage-due notices, release forms, affidavits or other correspondence; (b) telephone, electronic, hardware or software program, network, Internet, computer or other technical malfunctions, failures, or difficulties of any kind, or any human or other error, omission, interruption, defect or delay which may occur in the administration of this Contest or the processing of any entry, transaction or submission, any prize, or in any other materials related to these Rules or this Contest; (c) any condition caused by events beyond the control of Company, including any event that may cause this Contest to be disrupted or corrupted; (d) any printing, human, typographical or other errors or ambiguities in (or involving) any materials associated with this Contest; (e) any and all losses, damages, rights, claims and action of any kind in connection with or resulting from participation in this Contest, including any death, injury or damage to persons or property, which may be caused, directly or indirectly, in whole or in part, from your, or any other Entrant’s or other participant’s, entry or participation in this Contest or downloading any information necessary to participate in this Contest; (f) acceptance, possession, or use of any prize, including personal injury, death and property damage arising therefrom; (g) claims based on publicity rights, defamation or invasion of privacy; or (h) any unauthorized human intervention in any part of the entry process or this Contest, or any Entrant’s or other participant’s conduct in connection with this Contest. Company reserves the right, in Company’s sole and absolute discretion, to suspend or cancel this Contest at any time for any reason, including if a computer virus, bug or other technical problem corrupts the administration, security, or proper conduct of this Contest, strikes, lock-outs, acts of God, pandemic, epidemic, technical difficulties, and other events not within the control of Company.
BY ENTERING THIS CONTEST, YOU HEREBY BY PARTICIPATING IN THIS CONTEST, YOU HEREBY RELEASE, DISCHARGE AND HOLD HARMLESS THE RELEASED PARTIES FROM AND AGAINST ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH, INDIRECTLY OR DIRECTLY: (X) YOUR ENTRY OR PARTICIPATION IN THIS CONTEST (INCLUDING ALL Graphic Art SUBMISSIONS AND POSTS); OR (Y) YOUR ACCEPTANCE, USE OR MISUSE OF ANY PRIZE. WITHOUT LIMITING THE FOREGOING, YOU HEREBY AGREE THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND WILL 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. WITHOUT LIMITING THE FOREGOING, (i) THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO TRAVEL CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ANY REASON OUTSIDE OF COMPANY’S CONTROL, INCLUDING ACTS OF GOD, PANDEMICS, EPIDEMICS, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM; (ii) EVERYTHING REGARDING THIS CONTEST AND THE PROMOTION THEREOF, INCLUDING Graphic Art SUBMISSIONS, POSTS AND ALL PRIZES, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT; AND (iii) UNDER NO CIRCUMSTANCES WILL AN ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND, BY ENTERING THIS CONTEST, ENTRANT WAIVES ALL RIGHTS TO CLAIM PUNITIVE, INDIRECT, SPECIAL, INCIDENTAL AND CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES.
SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY OR EXCLUSION OF WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK APPLICABLE LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
13. GENERAL TERMS AND CONDITIONS: This Contest is void where prohibited by Applicable Law. Company reserves the right, in Company’s sole and absolute discretion, to (a) modify this Contest if fraud, misconduct or technical failure, or any other factor beyond Company’s control impairs the integrity of this Contest, as determined in Company’s sole and absolute discretion; (b) change dates or other requirements of this Contest, with or without notice, in the event of technical failure or for any other reason; or (c) (i) with respect to the Contest, cancel, terminate, suspend, declare null or void, amend, alter or modify this Contest, void any suspicious entries, transactions or submissions (including any submissions that breach any term of these Rules or otherwise do not support the integrity of this Contest), rescind any prize, determine absolute resolution, or an alternate method of conducting this Contest or awarding the prize(s) at any time, for any reason; or (ii) if, in Company’s sole and absolute discretion, it is impossible or impractical to complete or conduct this Contest as planned for any reason, stop or conclude this Contest at any time without prior notice. In the event of termination of this Contest by Company, Company reserves the right to not award prizes, or to award any prizes in a manner deemed fair and equitable by Company.
Company’s failure to enforce any term of these Rules will not constitute a waiver of Company’s ability to enforce its rights. For purposes of these Rules, (x) the words “include,” “includes” and “including” are deemed to be followed by the words “without limitation”; (y) the word “or” is not exclusive; and (c) all references to “Dollars” or “$” will mean United States Dollars. The invalidity or unenforceability of any provision of these Rules will not affect the validity or enforceability of any other provision of these Rules. In the event that any provision of these Rules is determined to be invalid or otherwise unenforceable or illegal, these Rules will otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained within these Rules.
14. GOVERNING LAW AND VENUE: Any dispute arising under these Rules or this Contest 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 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 (a) each of you and Company retains the right to sue in small claims court; and (b) each of you and Company may bring suit in court against the other to enjoin infringement or other misuse of intellectual property rights.
These 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 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 Company agree to submit to the exclusive jurisdiction of the courts located in Suffolk County, New York, to resolve any Dispute arising out of these Rules 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 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 RULES, THE SITE OR COMPANY 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.
16. SPONSOR: G Fuel, LLC, 113 Alder Street, West Babylon, NY 11704.
17. OFFICIAL RULES AND WINNERS LIST: For a copy of these Rules, visit [https://gfuel.com/pages/pewdiepie-fan-art-contest or send a self-addressed, stamped envelope for receipt by August 10, 2020 to: Agreement, “#GFUELPewDiePie”, G Fuel, LLC, 113 Alder Street, West Babylon, NY 11704. For a list of winners, available after August 10, 2020, send a self-addressed, stamped envelope for receipt by August 10, 2020, to: Winners List, “#GFUELPewDiePie - August 10, 2020”, c/o G Fuel, LLC, 113 Alder Street, West Babylon, NY 11704. Requests received without a self-addressed, stamped envelope will not be fulfilled. Requests for a copy of these Rules received more than ninety (30) days after the end of this Contest may not be honored.