5-hour ENERGY® Sweepstakes Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. Participation constitutes entrant's full and unconditional agreement to and acceptance of these Official Rules. The information in Rule #2 outlines the specifics for this sweepstakes.
- Name of Sweepstakes: 5-hour ENERGY®
Promotion Period: 12:00 am (Midnight), CT, on November 5, 2013 through 11:59 pm, CT, on July 31, 2014.
Drawing Date: August 1, 2014
Prize Description: $500 Gift Card
Quantity of Prizes to be Given Away: 1
Approximate Retail Value of Prize: $500
Sponsor: Living Essentials, LLC
- Open to legal residents of the United States aged 18 years or older at time of entry. Employees of the Sponsor; its affiliates and subsidiaries; its advertising, promotion, and fulfillment agencies; and members of the immediate family or household of each of the above are not eligible to participate. Void where prohibited or restricted by law or regulations. Sponsor is administering the sweepstakes and will select the winner.
- HOW TO ENTER. To enter, complete and submit this survey during the "Promotion Period" stated in Rule #2. Limit one entry per person only. Enter using only an e-mail address subscribed to and registered in your name. All entries must be received by the Promotion Period deadline stated in Rule #2. In the event of a dispute about entries submitted by multiple individuals using the same e-mail account, entry will be deemed to have been submitted by the authorized subscriber to the e-mail account used to enter the Sweepstakes at the actual time of entry. The authorized e-mail account subscriber is deemed to be the natural person who is assigned an e-mail address by an Internet access provider, online service provider, or other organization that is responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address. Entries generated by script, macro, robotic, programmed, or any other automated means are prohibited and will be disqualified. Entrants assume all risk of lost, late, misdirected, incomplete, or illegible entries.
- PRIZE AND ODDS OF WINNING. The winner will be selected by random drawing on or about the drawing date stated in Rule #2. The Prize description, quantity of Prizes to be given away, and the approximate retail value of the Prize are stated in Rule #2. Prize consists of only those items specifically listed as part of the Prize. The odds of winning a Prize are dependent upon the number of entries. The Prize stated in Rule #2 will be awarded, assuming sufficient entries. The random drawing and awarding of the Prize will be conducted under the supervision of Sponsor whose decisions are final and binding in all matters pertaining to this sweepstakes. Entrants agree to be bound by these Official Rules and the decisions of the judging organization.
- GENERAL CONDITIONS. Potential winners will be notified by email and must reply to the notification within seven days, or the Prize will be forfeited and an alternate winner will be selected. If the reply is received within the deadline, the potential winner may be required to sign and return an Affidavit of Eligibility and Release of Publicity and Liability within seven days of notification. In the event of noncompliance, if a winner cannot be reached at the email on that winner's entry, or if the Prize is returned as unclaimed or undeliverable, the Prize will be forfeited and an alternate winner will be selected. No substitution of any prizes will be offered. No prize transfer permitted. If a prize is unavailable, Sponsor reserves the sole right to substitute a prize of equal or greater value. Limit one prize per person. All taxes, fees, and surcharges on prizes are the sole responsibility of the prizewinners. By entering and participating in this sweepstakes, each entrant hereby consents for Sponsor to contact them with follow-up questions relating to the completed survey. By participating and accepting a Prize, where permitted by law, each winner grants to Sponsor (and agrees to confirm that grant in writing) and those acting pursuant to the authority of Sponsor, the right to print, publish, broadcast, and use, worldwide in any medium now known or hereafter developed, including but not limited to the World Wide Web or other forms of social media, at any time(s), that winner's name, portrait, picture, voice, likeness, and biographical information as news or information and for advertising and promotional purposes without additional compensation or review.
- RELEASE OF LIABILITY. All entrants agree to hold harmless and release Sponsor and its parent companies, affiliates, subsidiaries, officers, directors, agents, employees, and all others associated with the development and execution of this sweepstakes from any and all liability with respect to or in any way arising from this sweepstakes and acceptance, possession, use, or misuse of a prize, including but not limited to liability for personal injury, bodily injury including wrongful death, damage to property, and damage or loss of any other kind. Sponsor is not responsible for prize quality or utility. Sponsor is not responsible for any incorrect or inaccurate information, whether caused by Web-site users, by any of the equipment or programming associated with or used in the sweepstakes, or by any technical or human error that may occur in the processing of submissions in the sweepstakes. Sponsor assumes no responsibility for any error; omission; interruption; deletion; defect; delay in operation or transmission; communications-line failure; theft, destruction, unauthorized access to, or alteration of entries. Sponsor is not responsible for any problems or technical malfunction of any telephone network or lines; computer online systems, servers, or providers; computer equipment; computer software; or failure of entry on account of technical problems. Sponsor is not responsible for user cheating or fraud by any entrants. Any activities intended to disrupt or interfere with the proper play of the sweepstakes or defraud Sponsor in any way will be prosecuted to the fullest extent of the law. Participants who engage in any of the foregoing activities will be disqualified and will forfeit any prizes won. If, for any reason, the sweepstakes is not capable of running as planned, due to, but without limitation, infection by computer virus, worm, or bugs; tampering; unauthorized intervention; fraud; technical failures; or any other causes beyond the control of Sponsor, that in the sole opinion of Sponsor, could corrupt or affect the administration, security, fairness, integrity, or proper conduct of this sweepstakes, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify, or suspend the sweepstakes.
- DISPUTES: THIS SWEEPSTAKES IS GOVERNED BY THE LAWS OF THE STATE OF MICHIGAN, UNITED STATES. As a condition of participating in this sweepstakes, participant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this sweepstakes, shall be resolved individually, without resort to any form of class action, exclusively by arbitration in a location selected solely by Sponsor. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorney fees, other than participants' actual out-of-pocket expenses (i.e., costs associated with entering this sweepstakes), and participant further waives all rights to have damages multiplied or increased.
- LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS WEB SITE OR INTERFERE WITH THE OPERATION OF THE GIVEAWAY, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW.
- 5-hour ENERGY® is a registered trademark.
- WINNERS LIST. To receive a copy of the winner list, send a self addressed stamped envelope to the address below by August 29, 2014.
5-hour ENERGY® Winner's List
38955 Hills Tech Drive
Farmington Hills, MI 48331
- ALTERNATE MEANS OF ENTRY: Individuals who did not receive a sample product may enter the Sweepstakes via the website www.5hourenergysurvey3.com.