“G FUEL #spookyfueled Contest” (the “Contest”)
SUBMISSIONS (EACH, A “SUBMISSION” AS FURTHER DEFINED BELOW) SHALL BECOME THE PROPERTY OF THE SPONSOR AND WILL NOT BE RETURNED. SUBMISSIONS MAY BE REPRODUCED AND DISTRIBUTED AT SPONSOR’S SOLE CHOOSING. BY ENTERING A SUBMISSION, CONTESTANTS (DEFINED BELOW) GRANT SPONSOR A NON-EXCLUSIVE, TRANSFERABLE, ROYALTY FREE, WORLDWIDE LICENSE TO POST, USE AND EXPLOIT THE SUBMISSION WITHOUT ANY NOTICE OR COMPENSATION. WINNING SUBMISSIONS MAY BE USED FOR RETAIL SALE WITHOUT ROYALTIES. WINNING SUBMISSIONS MAY BE MODIFIED BY THE SPONSOR WITHOUT NOTICE OR ADDITIONAL COMPENSATION TO THE CONTESTANT.
This Contest is in no way sponsored, endorsed or administered by, or associated with Instagram, Twitter, Facebook, Twitch or TikTok. You understand that you are supplying your information to the Sponsor and not to Instagram, Twitter, Facebook, Twitch or TikTok.
DATES OF CONTEST: The “G FUEL #spookyfueled Contest” (the “Contest”) begins at 12:00 a.m. Eastern Time (“ET”) on October 16, 2020 and ends at 11:59 p.m. ET on November 20, 2020 (the “Contest Period”). Submissions (defined below) received outside of the Contest Period, and not in accordance herewith, will be disqualified. Instagram, Twitter, Facebook, Twitch and TikTok’s date and time stamps will be the official time keeping devices for this Contest.
ELIGIBILITY: The Contest 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, a “Contestant”). The Contestant who is selected as the potential grand prize winner (the “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 GFuel, LLC (the “Sponsor”) and its parent company, divisions, affiliates, subsidiaries, distributors, advertising and promotion agencies, and any others engaged in the development, production, execution or distribution of this Contest, 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 “Contest Entities”), are not eligible to participate. The Contest 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 where prohibited or restricted by law.
AGREEMENT TO OFFICIAL RULES: Participation in the Contest constitutes Contestant’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 (each, a “Prize” as further described in the “PRIZES” section herein) 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 Contest, Contestant must be a registered Instagram, Twitter, Facebook, Twitch and/or TikTok user. To become a registered user, visit www.instagram.com, www.twitter.com, www.facebook.com, www.twitch.com or www.tiktok.com and follow the instructions prior to entering this Contest. Contestant’s Instagram, Twitter, Facebook, Twitch or TikTok profile settings must be set to “public” in order to be viewable by the Sponsor for winner determination. If the Contestant’s account is not set to “public”, the Sponsor may not be able to view the Submission (defined below) and the Contestant may not be eligible to win. Contestants may not use multiple Instagram, Twitter, Facebook, Twitch or TikTok accounts to enter.
To enter, Contestant must complete and submit all of the following (collectively, the “Submission”):
- (a) Submit Video/Photo: Using #spookyFUELED and # GFUEL (each, a “Hashtag” and collectively, the “Hashtags”), submit a video (the “Video”) or photograph (“Photo”) on your personal Instagram, Twitter, Facebook, Twitch or TikTok profile showcasing your “spooky-fied” G FUEL creations (including, but not limited to spooky baked goods using G FUEL Energy, spooky dances, skits or costumes with G FUEL, spooky G FUEL art, G FUEL pumpkin carvings and spooky cosplay costumes with G FUEL integrated). Your Video/Photo must tag @GFUELENERGY and include the Hashtags to be considered eligible. Video may not be more than one (1) minute and must be submitted in compliance with these Official Rules (as further described below).
- (b) Follow Sponsor: Follow the Sponsor (@GFUELENERGY) on Instagram, Twitter, Facebook, Twitch and TikTok).
Upon uploading the Video/Photo and following the Sponsor as outlined above, Contestants will receive one (1) Submission into the Contest. Limit of one (1) Submission per person / household for this Contest. Any attempt by a Contestant to enter more than one (1) Submission by using multiple/different email addresses, identities, and/or any other methods, will void all of that Contestant’s. Contestant represents and warrants that the contents of the Submission (i.e., the Video/Photo); (a) is complete, true and correct to the best of their knowledge and belief; (b) is the original work of the Contestant; and (c) has not previously won a contest or other promotion.
Contestant understands and agrees that the Sponsor and Contest Entities are not responsible for any Submission 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 Submission will be reviewed and approved by the Sponsor and may be disqualified if not submitted in accordance with these Official Rules.
Submission Requirements/Restrictions: Submissions; (a) containing general obscene, lewd, crude, vulgar, profane, defamatory or inappropriate text, including acts of violence or acts that appear to cause harm; (b) containing other offensive content and/or any content that is explicit, graphic or otherwise indecent or that is or could be considered inappropriate, unsuitable, or offensive; (c) derogatory of any ethnic, racial, gender, religious, professional or age group; (d) promoting alcohol, illegal drugs, tobacco, firearms or weapons, activities that appear unsafe or dangerous or a particular political agenda or message; and/or (e) containing and displaying third-party brands prominently and intentionally, or any materials that violate or infringe (or may infringe) any copyright (including, without limitation, music or artistic work), trademark, logo, or other mark that identifies a brand, entity or other proprietary right of any person living or deceased, including but not limited to rights of privacy or publicity or portrayal in a false light or (f) otherwise violate these Official Rules, all as determined by Sponsor/Independent Administrator, in their sole discretion, shall be disqualified from the Contest. Without limiting the foregoing, Sponsor/Independent Administrator reserve the right to disqualify a Submission it feels is inappropriate in any way. Late Submissions or Submissions sent via any other method than those stated above will not be accepted. To the best of Contestant’s knowledge and belief, its Submission is truthful. Contestant further agrees and warrants that he/she shall not enter any Submission that is known by the Contestant to (a) be false, inaccurate, or misleading; (b) that infringes on any third party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy; (c) that violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising); and (d) that is or may reasonably be considered defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership, or corporation. Should any Submission violate these restrictions, such Submission 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.
ADDITIONAL CONDITIONS: Submission must not have been previously published, must not be awaiting publication, nor may be submitted for publication consideration during the Contest. Submissions not meeting the requirements as set forth in these Official Rules or that contain prohibited, inappropriate, or irrelevant content, as determined by Sponsor and/or Independent Administrator in its sole discretion, will not be eligible for judging and will be disqualified.
By entering a Submission, Contestant consents to have the Contestant’s Submission made available for public viewing and/or comment on the Internet. By participating, Contestant agrees that their Submission may be shared on Sponsors website, other social media sites or other websites by the Sponsor. However, such posting of a Submission does not constitute any representation or guarantee by Sponsor that any Submission will be selected as a prize winner in the Contest, or that the Contestant addressed in such Submission has won a Prize in the Contest; see below for an explanation of the evaluation of Submissions and the procedure by which prize winners will be selected pursuant to this Contest.
THE CONTENT OF THE SUBMISSIONS REPRESENT THE VIEWS AND OPINIONS OF SOLELY THE CONTESTANT WHO HAS PROVIDED THE SUBMISSION AND DOES NOT REFLECT THE VIEWS AND/OR OPINIONS OF THE SPONSOR OR INDEPENDENT ADMINISTRATOR IN ANY MANNER. SPONSOR AND INDEPENDENT ADMINISTRATOR EACH DISCLAIM ANY RESPONSIBILITY FOR SCREENING, MONITORING OR REVIEWING SUBMISSIONS PRIOR TO POSTING OF SAME. SPONSOR MAY EDIT SUBMISSIONS PRIOR TO POSTING THEM ON ANY WEBSITE OR ELSEWHERE IN CONJUNCTION WITH THE CONTEST BUT WILL BE SEEKING THE APPROVAL OF THE RESPECTIVE CONTESTANT PRIOR TO EFFECTING SUCH EDITING AND/OR POSTING.
JUDGING: A total of six (6) prize winners will be selected in this Contest. All Submissions will be initially reviewed by the Sponsor or a Sponsor representative for compliance with these Official Rules (including the Submission requirements). Thereafter, the eligible Submissions will be judged and scored on or about November 23, 2020. Each eligible Submission will be judged and scored based on the following criteria: (34%) Creativity; (33%) Originality; and (33%) Presentation.
Each Submission will, for each of the above-described criteria, be scored with a raw score between 1-5 (with 5 being the highest). For each Submission, after a (1-5) score has been determined for each criterion, each raw score will be “weighted”, taking into account the relative percentages shown above (in parentheses, next to each criterion). The “total score” for each scored Submission will be the total score of all of the above criteria (taking into account the above-described “weighting”). The Submission having the highest “total score” will be deemed the Grand Prize Winner. The next five (5) Submissions receiving the next highest scores will be deemed the runner up winners (each, a “Runner Up”). In the event of a tie for any prize level, an additional judge will score each tied Submission (pursuant to the procedures described above) and the Submission with the highest total score pursuant to that subsequent scoring will be deemed the respective prize winner. In the event of a further tie, Sponsor (as applicable) shall, in their sole discretion, choose a prize winner (as applicable) based on its evaluation of which Submission is superior overall, taking the entire judging criteria into consideration. The potential prize winners will be notified by the Sponsor via direct message to his/her Instagram, Twitter, Facebook, Twitch or TikTok account within one (1) to three (3) business days from the date in which the judging is complete. Each, potential prize winner will be required to supply his/her email address and shipping address for delivery of the respective prize. The Grand Prize Winner, will be required to complete the prize claims and verification process as further described in the PRIZE CLAIMS section below. Sponsor will only make two (2) attempts to reach a potential prize winner via direct message. 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 via the judging criteria outlined above) will be notified until the correct number of prize winners (within the prize level) are confirmed.
All Prizes will be shipped within four (4) weeks or less from the date in which all prize winners are determined and verified via the prize claim process. The names 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 Winner 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 Sponsor by email. If the 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 JUDGING section above, even if the disqualified potential Grand Prize Winner’s name may have been publicly announced. Potential Grand Prize Winner must report income to the IRS. In the event it is deemed during the verification process that the 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, in its sole discretion, that the 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 JUDGING section above, even if the disqualified potential Grand Prize Winner’s name may have been publicly announced. In the event that the 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 six (6) prizes awarded in this Contest:
Grand Prize: One (1) Grand Prize package will be awarded to the Grand Prize Winner, having an approximate retail value (“ARV”) of $1,031.88. The Grand Prize includes; (a)a G FUEL mini-Fridge (ARV $600) and (b) various GFUEL product to stock the mini-Fridge (ARV $431.88).
Runner Up Prizes: One (1) runner up prize package will be awarded to each Runner Up (each, a “Runner Up Prize”). The total ARV of each Runner Up Prize is $21.98. A total of five (5) Runner Up Prizes will be awarded. The total ARV of all Runner Up prizes is $109.90. Each Runner Up Prize includes; (a) one (1) G FUEL Variety Can Pack (ARV $10.99); and (b) one (10 G FUEL Summer Variety Pack (ARV $10.99).
The total ARV of all Prizes to be awarded in this Contest is $1,141.78, No more than one (1) Prize per Contestant 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 winners. The Prizes consist 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 the Prizes. ALL PRIZES 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 the 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 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. Prize 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. See “PRIZE CLAIMS” section herein for additional details.
LICENSE/USE OF ENTRIES: Contestant understands and agrees that he/she shall retain all ownership rights of the Submission; however, by submitting a Submission, and to the extent allowed by law, Contestant grants the Released Parties a perpetual, worldwide, royalty-free, non-exclusive, sub licensable, unconditional and transferable license to edit, modify, cut, rearrange, add to, delete from, reproduce, encode, store, modify, copy, transmit, publish, post, broadcast, display, adapt, exhibit and/or otherwise use or reuse of the Submission, name, photo/Video, caption, and biographical material including, but not limited to, all materials submitted in connection with the Contest in any and all media, throughout the world, and in any manner, for trade, advertising, promotional, commercial, or any other purposes without further review, notice, approval, consideration, or compensation to Contestant or any third party.
GENERAL CONDITIONS: Sponsor reserves the right in its sole discretion to disqualify any individual or entity it finds to be tampering with the submission process or the operation of the Contest or to be acting in violation of these Official Rules. Any attempt by any person to undermine the legitimate operation of the Contest 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 Contest is impaired in any way for any reason, Sponsor may, in its sole discretion, either (a) suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules, or (b) cancel the Contest and, at Sponsor’s sole discretion, award the prizes to Contestants from among the eligible Submissions received up to the time of the impairment based upon the “Judging” 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 Submissions, whether due to system errors or failures, faulty transmissions or other telecommunication malfunctions, Submissions not 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 Contest, including, without limitation, with the administration of the Contest, the processing of Submissions, the tabulation of judges scores or votes, the announcement of the winners, or in any other Contest-related materials.
In the event of a dispute regarding who entered a Submission, the Submission will be deemed submitted by the Authorized Account Holder (defined below) of the e-mail address provided at the time of Submission. “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. A Contestant may be requested to provide Sponsor with proof that the Contestant is the Authorized Account Holder of the email address associated with the Submission. 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 CONTEST.
RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Contest, Contestant and Contestant each agree to release and hold harmless Sponsor, its officers, directors, employees, and agents (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Contest or receipt or use of any Prize (as applicable), including, but not limited to: (a) unauthorized human intervention in the Contest; (b) technical errors related to computers, servers, providers or telephone or network lines; (c) printing errors; (d) errors in the administration of the Contest or the processing of entries or votes; (e) any incorrect or inaccurate information; (f) inability to access Sponsor’s internet web site; (g) Submissions 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 Contestant’s/Contestant’s participation in the Contest or Contestant’s receipt of any Prize or Sponsor’s use of entered Submissions and attributes, including, without limitation, claims for invasion of privacy, right of publicity, defamation, libel, or further consideration. Contestant and Contestant each further agree that in any cause of action, Sponsor’s liability will be limited to the cost of entering and participating in the Contest, and in no event shall Sponsor be liable for attorney’s fees.
NO LIABILITY: By participating, Contestants and Contestants agree to release, discharge, indemnify, and hold harmless the Contest Entities and each of their respective officers, directors, employees, representatives and agents from and against any claims made by the winner, Contestants, Contestants, or any other third parties, related in any way to the operation of this Contest 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 Contest-related activity or participation in this Contest.
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 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 Contest 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 Contest.
WINNER’S LIST REQUEST: To receive the name of the winners, send a self-addressed, stamped (business size) envelope to: “G FUEL #spookyfueled Contest” Winner’s List Request, PO Box 458, Newark, NY 14513. Requests must be received by December 31, 2020.
SPONSOR: GFUEL, LLC, 113 Alder Street, West Babylon, NY 11704
This Contest shall not be published without the written permission of the Sponsor.