Official Rules

 

BY SUBMITTING AN ENTRY TO THIS SWEEPSTAKES DURING THE SWEEPSTAKES ENTRY PERIOD, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. IMPORTANT NOTE: THESE OFFICIAL RULES CONTAIN PROVISIONS THAT LIMIT OUR LIABILITY TO YOU, ELIMINATE YOUR RIGHT TO A TRIAL BY JURY, REQUIRE YOU TO RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS AND NOT AS A PART OF ANY CLASS OR REPRESENTATIVE ACTION, AND THROUGH FINAL AND BINDING ARBITRATION. SEE BELOW.

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN A PRIZE.

A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.  ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ELIGIBLE ENTRIES RECEIVED. VOID OUTSIDE THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA, AND WHERE PROHIBITED OR RESTRICTED BY LAW.

Energy Beverages LLC (“Full Throttle”) is offering the “Full Throttle® Energy Drink Chance to Win a Flags of Valor Wooden American Flag Sweepstakes” (the “Sweepstakes”). The Sweepstakes is subject to these official rules (the “Official Rules”), and by entering, entrant (“you”, “your” or “Entrant”) agrees to be bound by them and the decisions of Full Throttle, which are final and binding in all respects. This Sweepstakes commences at midnight beginning November 1, 2023, and concludes at midnight ending December 31, 2023 (the “Entry Period”). Full Throttle’s computer is the official timekeeping device for entry in the Sweepstakes. All times stated are US Pacific Time. All entries must be received by the end of day on January 1, 2024. 

1.  Eligibility:  The Sweepstakes is open to persons who are legal residents of, and physically located within, the fifty (50) United States and the District of Columbia, who are eighteen (18) years of age, or the age of majority in state of your residence, whichever is older at the time of entry. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. Employees, officers and representatives and members of the immediate families (i.e., parents, spouses, siblings, children, grandparents,  step parents, step children and step siblings, and their respective spouses, and those living in the same household, whether or not related) of Full Throttle, Orbit Fulfillment (the “Administrator”), and their respective affiliated companies, parent companies, subsidiaries, participating promotional partners, retailers, distributors, advertising and promotion agencies, webmasters and any company involved in the creation, design, execution, production, or fulfillment of the Sweepstakes (the “Sweepstakes Entities”) are not eligible. All entries submitted in compliance with these Official Rules and not disqualified or void are considered “Eligible Entries”. All entries are the property of Full Throttle.

2. How To Enter: There are two (2) methods of Sweepstakes entry:

 

(a)   Entry by Purchase:  Purchase any two (2) or more 16 fl. oz. single cans of Full Throttle® product from a participating retailer in a single transaction during the Entry Period and save your purchase receipt. Scan the QR code located on the point of sale display at the participating retailer or visit www.drinkfullthrottle.com/flagsofvalor, upload a photo of your receipt and complete the official online entry form during the Entry Period to receive one (1) Sweepstakes entry. You will only receive one (1) Sweepstakes entry regardless of the number of cans of Full Throttle® product purchased in excess of two (2) cans in a single transaction and per valid receipt. Save original purchase receipt in the event you are a winner.

 

-or-

 

(b)   MAIL-IN: To enter without purchase. To obtain an entry by mail, Entrants must hand print their first and last name, residence address, telephone number, e-mail address, date of birth, and your signature to certify your eligibility to participate in the program, consent to and compliance with these Official Rules and all applicable regulations, on a 3”x5” card, place the card in an envelope with proper first-class postage affixed, and mail the envelope to “Full Throttle Energy Drink Chance to Win a Flags of Valor Wooden American Flag Sweepstakes” c/o Orbit Fulfillment PO Box 291944, Nashville, TN 37229. Mailed entries must be postmarked between November 1, 2023, and December 31, 2023, and received by the end of January 4, 2024. There is a limit of one (1) 3”x5” card per stamped, outer envelope. A mailed entry submitted in accordance with these Official Rules will result in the Entrant obtaining one (1) entry in the Sweepstakes.

 

General Entry Terms and Conditions. There is no limit on the number Eligible Entries Entrants may submit during the Entry Period, regardless of entry method. For purposes of this Sweepstakes, a “day” is the 24-hour period from midnight to midnight, and “US Pacific Time” means either Pacific Standard Time or Pacific Daylight Savings Time depending on which time is in effect on the date in question. Entries that are in excess of the stated limits, incomplete, illegible, corrupted, damaged, destroyed, forged, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Sweepstakes at Full Throttle’s sole and absolute discretion. Entries generated by a script, computer programs, macro, programmed, robotic or other automated means are void and may be disqualified.  Subsequent attempts made by the same individual to submit multiple entries by using multiple or false contact information or otherwise may be disqualified. The Sweepstakes Entities are not responsible for technical failures of any kind, including, but not limited to, the malfunctioning of any wireless network, telephone, computer, computer network, hardware or software or the unavailability or inaccessibility of any service.  The Sweepstakes Entities are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in Entrant's handset to receive messages. Those who do not follow all of the instructions, provide the required information in their entry form, or abide by these Official Rules or other instructions of Full Throttle may be disqualified. All materials submitted become the property of Full Throttle and will not be returned. Illegible and/or incomplete entries and entries submitted by Entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. Normal time rates, if any, charged by the Entrants’ Internet service or mobile provider will apply. 

The odds of winning depend on the total number of Eligible Entries received within the Entry Period.

3.  Prizes: One hundred fifty (150) prizes are available to be won.

            Grand Prize:  One hundred (100) Grand Prizes are available. Each “Grand Prize” is one (1) Flags of Valor liberty series wooden American flag (medium size). Approximate Retail Value (“ARV”) of each Grand Prize is $239 USD.  ARV of all Grand Prizes is $23,900 USD.

            First Prize:  Fifty (50) First Prizes are available. Each “First Prize” is one (1) Full Throttle® combat backpack. ARV of each First Prize is $30.35 USD. ARV of all First Prizes is $1,517.50 USD.

4.  Winner Selection and Notification:  On or about January 10, 2024, the potential “Winner(s)” will be determined via a random drawing, from all Eligible Entries received. Entrants need not to be present for the drawing to win.  Each potential Winner will be notified within three (3) business days of the drawing. Each potential Winner will be notified by email (at the email address provided with the entry) and will be required to confirm his/her e-mail address. Potential Winners who entered through the entry by purchase method must provide the original copy of the winning purchase receipt. A prize won by an Entrant will be awarded to the authorized account holder of the e-mail address submitted with the winning entry regardless of the individual who submitted the winning entry. If a potential Winner cannot be reached after a reasonable effort has been exerted or fails to respond within three (3) days of the date of notification, or if a prize or prize notification is returned as undeliverable, the potential Winner forfeits the prize, and an alternate potential Winner will be randomly drawn from all remaining Eligible Entries.  If the alternate potential Winner is unable to accept the prize, the prize is forfeited and another alternate potential Winner will be randomly drawn from all remaining Eligible Entries. This Winner selection and notification process shall be continued until a Winner is confirmed for each prize.

5.  Winner Verification:  Within three (3) days of being notified of being a potential Winner, each potential Winner may be required to complete, sign, and return documentation required by Full Throttle — including a notarized Affidavit of Eligibility, release of liability, and a publicity release form (except where prohibited). Provided that a potential Winner is in compliance with the Official Rules and after having successfully proven eligibility and provided any documentation required by Full Throttle, the potential Winner will be determined to be a Winner. Full Throttle expressly reserves the right to delay the announcement of the Winners for any reason it deems necessary. In addition, Full Throttle reserves the right to select alternate Winners in the event that any potential Winner fails to comply with these Official Rules. 

If, for any reason, more bona fide winners come forward seeking to claim a prize in excess of the one hundred (100) Grand Prizes and fifty (50) First Prizes available as set forth in these Official Rules, the Winner of the prize(s) available may be selected in a random drawing from among all persons making purportedly valid claims for such prize(s). Inclusion in such drawing shall be each Entrant’s sole and exclusive remedy under such circumstances.  The Sweepstakes Entities are not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected or unsuccessful efforts to notify the potential Winners.

6.  Liability Release and Indemnity:  By entering the Sweepstakes, Entrant agrees that Full Throttle, any other Sweepstakes Entities, and each of their respective parents, subsidiaries, affiliated companies, employees, officers, directors, shareholders, agents, retailers, distributors and representatives are indemnified, released and will be held harmless by Entrant from any and all liability, for any damages, injuries or losses of any kind to person(s), including death, or property, arising directly or indirectly from the acceptance, possession, misuse or use of a prize.  Each prize is offered and provided “as is” with no warranty or guarantee by the Sweepstakes Entities, either express or implied.  Any and all warranties and/or guarantees on the prizes (if any) are subject to the manufacturer’s terms therefore, and winner agrees to look solely to such manufacturer(s) for any such warranty and/or guarantee.  By participating in the Sweepstakes, each Winner acknowledges that the Sweepstakes Entities have not and will not obtain or provide insurance of any kind relating to the prizes.

Entrants agree to indemnify, defend, and hold harmless the Sweepstakes Entities from any and all liability arising out of or relating in any way to Entrant’s participation in the Sweepstakes and to release all rights to bring any claim, action or proceeding against the Sweepstakes Entities arising out of participation in the Sweepstakes, use of the Sweepstakes website(s), or receipt or use of any prize, including but not limited to: (a) unauthorized human intervention in the Sweepstakes; (b) technical errors related to computers, servers, providers, or telephone, or network lines; (c) printing errors; (d) lost, late, stolen, delayed, illegible, postage-due, misdirected or undeliverable mail or communications of any kind; (e) errors in the administration of the Sweepstakes or the processing of entries; or (f) injury or damage to persons or property (including to any computer systems resulting from participation in or accessing or downloading information in connection with the Sweepstakes), which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Sweepstakes or receipt or use of any prize.  Entrants assume all liability for an injury or damage caused, or claimed to be caused, by participation in this Sweepstakes, the use of any Sweepstake website(s), or the acceptance, receipt, or use of any prize or prize component.  Entrants further agree that in any cause of action, the Sweepstakes Entities’ liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Sweepstakes Entities be liable for attorney’s fees.

 

The Sweepstakes Entities assume no responsibility for and will disqualify entries that are: stolen, late, lost, illegible, incomplete, invalid, unintelligible, altered, tampered with, unauthorized, fraudulent, damaged, destroyed, delayed, misdirected, not delivered, not received, or that have incorrect or inaccurate entry information, whether caused by any of the equipment or programming associated with or utilized in Sweepstakes, or by any human, mechanical or electronic error that may occur in the processing of the entries in Sweepstakes, or other errors appearing within the Official Rules or in any Sweepstakes related advertisements. The Sweepstakes Entities assume no responsibility for any typographical or other error in the printing of the offer, administration of Sweepstakes, errors in processing entries, identifying the Winners, in the announcement of the prizes and Winners, the delivery of the prizes, any problems or technical malfunction of any telephone network or lines, computer systems, online systems, servers or providers, computer equipment, software, failure of any e-mail or players on account of technical problems or traffic congestion on the Internet or on any website, or any combination thereof, including, without limitation, any injury or damage to Entrant’s or any other person’s computer system or software related to or resulting from participation in, uploading any materials or downloading any materials in the Sweepstakes.  Use of any device to automate or subvert entry is prohibited and any entries received by such means will be void.  Full Throttle reserves the right in its sole discretion to disqualify any person it suspects or finds: (i) to have tampered with the entry process or the operation of the Sweepstakes; (ii) to be acting in a disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person; (iii) to display behavior that will bring such Winner or the Sweepstakes Entities into disgrace (e.g., including but not limited to, a person committing acts of moral turpitude, and/or allegations or convictions of any crime); (iv) to have provided inaccurate information on any legal documents submitted in connection with the Sweepstakes; or (v) to be acting in violation of these Official Rules. ANY VIOLATION OF THESE OFFICIAL RULES BY A WINNER WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS A WINNER OF THE SWEEPSTAKES AND ALL PRIVILEGES AS A WINNER WILL BE IMMEDIATELY TERMINATED.

 

7.  Prize Terms: Total ARV of all prizes offered in the Sweepstakes will not exceed $25,417.50 USD. The ARV is subject to change based upon current market conditions at the time of prize fulfillment. Any difference between the ARV and the actual value, if any, will not be awarded. Limit one (1) prize per person. Any costs and expenses associated with acceptance and use of the prize not specified herein as being awarded is the sole responsibility of the Winner. All prize details not specified in these Official Rules will be determined in Full Throttle’s sole discretion. The date for fulfillment of the prizes is anticipated to be on or around March 31, 2024; but all subject to change in Full Throttle’s sole discretion. If for any reason a prize is unavailable or any prize or related event is delayed, cancelled or postponed, or for any other reason, Full Throttle reserves the right to modify the Sweepstakes in its sole discretion and award a substitute prize, or portion of a prize, of comparable or greater value as set forth in these Official Rules. No substitution, transfer, assignment or cash equivalent of a prize, or any portion thereof, is permitted by a Winner. The Sweepstakes Entities shall have no responsibility or obligation to a Winner who is unable or unavailable to, or who does not for any reason, accept or utilize a prize. In the event a potential Winner cannot accept a prize, an alternate Winner will be randomly drawn from all remaining Eligible Entries. Each prize is provided “as is”. Entrants acknowledge that the Sweepstakes Entities have neither made, nor are in any manner responsible or liable for, any warranty, representation or guarantee, express or implied, in fact or in law, relative to a prize, including any express warranties provided by any prize supplier that are sent along with a prize and any implied warranty of merchantability of fitness for a particular purpose. Sweepstakes Entities are not responsible for, and will not replace, any lost, damaged, or stolen prize or prize component. Any prize pictured in online, television and print advertising, promotional packaging and other Sweepstakes materials are for illustrative purposes only.

 

The value of a prize will be taxable to the Winner as income. An IRS Form 1099 and W9 will be issued in the name of the Winner for the actual value of the prize awarded. All U.S. federal, state and local tax liability, and any other costs and expenses associated with acceptance or use of a prize not specifically provided for in these Official Rules are solely the Winner’s responsibility.

8.  Grant of Rights.  By entering, Entrant irrevocably consents to the use of his or her name, image, photograph, likeness, biographical information, and any video footage related to the prize, for Full Throttle’s advertising, promotional or other commercial purposes in all media now or hereafter known, worldwide and in perpetuity without additional compensation, unless prohibited by law.

9.  General Terms.    By entering the Sweepstakes,  Entrants:  (a) agree to be bound by these Official Rules and by the interpretation of these Official Rules by Full Throttle and by the decisions of Full Throttle, which are final and binding in all respects; (b) acknowledge compliance with these Official Rules; (c) agree to comply with any and all applicable federal, state and local laws, rules and regulations; and (d) agree to release and hold harmless the Sweepstakes Entities from and against any claims, injury or damages arising out of or relating to participation in the Sweepstakes and/or the use, misuse or redemption of a prize, and for any claim including claims based upon defamation, publicity rights, invasion of privacy, copyright infringement, trademark infringement, or any other intellectual property-related cause of action arising from or related to the Sweepstakes, the prizes, or Full Throttle’s  advertising and marketing related to the Sweepstakes, Entrants or the Winners.  Winning a prize is contingent upon fulfilling all requirements set forth herein.

The Sweepstakes Entities are not responsible if the Sweepstakes cannot take place or is delayed, or if any Prize (or portion thereof) cannot be awarded due to delays, interruptions or failures due to acts of God, war, natural disasters, coronavirus (COVID-19) pandemic, other epidemics or medical emergencies, government mandated lockdowns, weather, acts or threats of terrorism, strikes, lockouts, labor disputes, work stoppages, fire, acts of government, other force majeure events or other events outside of the reasonable control of the Sweepstakes Entities.  If, for any reason, the Sweepstakes is not capable of running as planned, including, without limitation, coronavirus (COVID-19) pandemic, other epidemics or medical emergencies, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the reasonable control of the Sweepstakes Entities, which, in Full Throttle’s sole determination, corrupts or affects the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Full Throttle reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend the Sweepstakes or any part of the Sweepstakes. If the Sweepstakes or any part of the Sweepstakes is terminated or modified prior to the closing date of the Sweepstakes, notice will be posted on www.Full Throttleenergy.com if time permits and the prizes will be awarded to a potential Winners to be selected in a random drawing from among all of the remaining uncorrupted Eligible Entries received prior to any such event outside of the reasonable control of Full Throttle.  Full Throttle reserves the right to modify, withdraw and replace or amend these Official Rules from time to time during the Sweepstakes or thereafter including to modify and amend the Entry Period and/or the manner, timing and number of draw of lots.

 

The Sweepstakes Entities will not be responsible or liable for failure to receive entries due to transmission failures or technical failures of any kind, including without limitation, electronic malfunction of any network, hardware or software. Proof of submission does not constitute proof of entry. The Sponsor and the Administrator reserve the right in their sole discretion to cancel or suspend the Sweepstakes should viruses, bugs or other causes beyond its control corrupt the administration, security or proper play of the Sweepstakes. In the event of cancellation of any Sweepstakes, the prizes (or a portion thereof, as determined by Full Throttle in its sole discretion) will be awarded in a random drawing from Eligible Entries received prior to cancellation.

 

ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAW AND SHOULD SUCH AN ATTEMPT BE MADE, FULL THROTTLE RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

 

The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Full Throttle’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Entrants agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials, privacy policy or terms of use on a website and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Full Throttle’s sole and absolute discretion.

 

10.  Privacy: All information submitted by Entrants and collected by Full Throttle in connection with Entrant’s entry will be subject to and will be treated in a manner consistent with Full Throttle’s web site Terms of Use accessible at: https://www.drinkfullthrottle.com/en-us/terms/ and Full Throttle’s privacy policy available at:  https://www.drinkfullthrottle.com/en-us/privacy/. By participating in the Sweepstakes, Entrants hereby agree that Full Throttle may collect and use their personal information submitted with the entry.  Among other things, the information you provide may be used to send you company updates and announcements from Full Throttle concerning products and promotions that may be of interest to you. By participating in the Sweepstakes, Entrants hereby agree that Full Throttle may share their personal information submitted with the entry for the purposes of winner selection and fulfillment. By submitting a physical mail entry, you agree to the Official Rules of the Sweepstakes and willingly provide your information to Sponsor and Administrator.

 

11.  BINDING ARBITRATION:  EXCEPT WHERE PROHIBITED BY LAW, ENTRANT AGREES: (1) ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE SWEEPSTAKES OR ANY PRIZE AWARDED SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE SWEEPSTAKES OR ANY PRIZE AWARDED SHALL BE RESOLVED BY BINDING ARBITRATION CONDUCTED BY JAMS IN ACCORDANCE WITH JAMS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES (THE “JAMS RULES”); (3) ANY ARBITRATION SHALL BE HEARD BY ONE ARBITRATOR TO BE SELECTED IN ACCORDANCE WITH THE JAMS RULES, IN ORANGE COUNTY, CALIFORNIA; (4) JUDGMENT UPON ANY AWARD RENDERED MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF; AND (5) ANY AWARD OR JUDGMENT SHALL BE SUBJECT TO ALL LIMITATIONS AND RELEASES SET FORTH IN THESE OFFICIAL RULES AND BE LIMITED TO ACTUAL OUT OF POCKET DAMAGES, AND SHALL NOT, IN ANY EVENT, INCLUDE ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES, ATTORNEYS’ FEES OR COSTS OF BRINGING A CLAIM, OR ANY INJUNCTIVE OR OTHER EQUITABLE RELIEF.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.

 

12.  Governing Law:  All federal, state and local laws and regulations apply.  Void where prohibited by law.  All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and Full Throttle in connection with the Sweepstakes, shall be governed by, and construed in accordance with, California law without giving effect to any choice of law or conflict of laws rules (whether of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than California.

13.  Request for Names of Winners and Official Rules:  All requests for a copy of the Official Rules and for the name of the Winners must be made by December 31, 2023.  For the name of the Winner and/or Official Rules: (i) send a self-addressed, stamped envelope postmarked to Full Throttle Energy Drink Chance to Win a Flags of Valor Wooden American Flag Sweepstakes, PO Box 290904, Nashville, TN 37229; and (ii) write “Winners Names” and/or “Official Rules” on the lower left hand corner of the envelope.

14.  Sponsored by:   This Sweepstakes is sponsored by Energy Beverages LLC, 2390 Anselmo Drive, Corona, CA 92879.

 

15.  Administered by:  This Sweepstakes is administered by Orbit Fulfillment, PO Box 290904, Nashville, TN, 37229.

 

NOTE:  Entrant understands that he or she is providing information to Full Throttle. If an Entrant opts-in, the information provided may be used for sending Entrants company updates and announcements from Full Throttle concerning products and promotions that may be of interest to you.