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ALL IN Energy Drink
Instant Winner Contest
Official Rules
As a condition of participating in the ALL IN Instant Winner Contest (the “Contest”), you agree to be fully and unconditionally bound by these Official Rules and the decisions of Go All In, LLC (“Sponsor”), whose decisions shall be final and binding in all respects, and waive any right to claim ambiguity in the Contest or these Official Rules.
1. ELIGIBILITY
The Contest is open to all legal residents of the fifty (50) United States, including the District of Columbia, and Canada (except residents of Quebec) who are twenty-one (21) years of age and older as of June 1, 2009. Directors, officers, employees, contractors, agents or representatives of Go All In, LLC, and/or its affiliate companies, and their suppliers, as well as the immediate family of the employees (including spouse, and parents, children and siblings, and their respective spouses regardless of where they live) and individuals living in the same households as the employees, whether related or not, are not eligible. The Contest is subject to all applicable federal, state, provincial, and local laws and regulations and is void where prohibited or restricted by law.
2. HOW TO ENTER
The Contest begins 12:00AM Pacific Time on June 1, 2009, and ends at 12:00AM Pacific Time on June 30, 2009 ("Promotional Period"). During the Promotional Period, visit the ALL IN website located at www.allinenergy.com (“Website”) and log into My Account (“Account”). If you do not have an Account, follow the onscreen directions to create one. You must have a unique valid email address to create an Account. After creating an Account, purchase ALL IN Energy Drink using your Account.
3. HOW TO WIN.
The first 779 entrants to purchase at least 16 cases of either ALL IN Energy Drink or ALL IN Purified Water or a combination thereof will be the first winners (“Winning Customer”). As the winners are selected entirely on the basis of purchases of ALL IN Energy Drink as set forth in clause 2, there is no element of chance whatsoever involved.
4. PRIZES
Winning Customers will receive their choice of either: (i) $100 or (ii) an invitation to participate in the Tournament. ARV: $100.
If there are not 779 Winning Customers, then the Sponsor may distribute, to whomever it chooses and at its sole discretion (“Invitees”), the remaining invitations to the Tournament (i.e., 779 less the number of Winning Customers). Sponsor’s decisions are final and binding in all respects.
5. ODDS OF WINNING
As previously noted, there is no element of chance involved in the determination of winners. The contest is being held simultaneously in the United States and Canada, and odds of winning depend on the number of eligible entries received from both the United States and Canada.
6. TOURNAMENT
The ALL IN II pro-am-celebrity invitational poker tournament will be held in Las Vegas, Nevada prior to the 2009 WSOP (“Tournament”). For Winning Customers choosing to participate in the Tournament, the following shall apply:
(a) The Tournament purse shall not be less than $500,000.
(b) The Tournament participants shall include (i) up to 779 Winning Customers and other Invitees, (ii) up to 221 winners from the Sponsor’s Chip Count I Contest, (iii) up to 200 winners of the Sponsor’s Sweepstakes Contest; (iv) up to 50 winners of the Sponsor’s Affiliate Appreciation Contest, (v) up to 50 winners of the Sponsor’s Casino Appreciation Contest, and (vi) up to 100 professional and celebrity poker players.
Full details of the rules and procedures for the Tournament will be made available before the commencement of the Tournament and will be subject to Nevada gaming laws and regulations.
7. PRIZE RESTRICTIONS
No cash equivalents of the prizes identified herein, or substitutions in prizes will be allowed except in the sole discretion of the Sponsor, who may substitute a prize (or portion thereof) with one of comparable or greater value. Certain travel restrictions may apply. Travel arrangements, including air fare and accommodations, must be made through Sponsor's agent, on a carrier and at accommodations of Sponsor's choice.
Each Winning Customer is responsible for obtaining travel documents as well as travel insurance (and all other forms of insurance) that he/she may wish to obtain (at his/her own expense) and hereby acknowledges that the Sponsor has not and will not obtain or provide travel insurance or any other form of insurance. All expenses not specifically provided for by Sponsor in these rules are the sole responsibility of the Winning Customer.
Sponsor reserves the right to cancel the Tournament for any reason. In the event that the Tournament is cancelled or postponed for any reason whatsoever, the ARV of the prize will be awarded in full satisfaction of prize award, to the extent required by law.
Sponsor reserves the right to remove from or to deny entry to the Tournament to any Winning Customer who engages in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person at the Tournament.
Sponsor reserves the right to require potential prize winners to submit to, and cooperate fully in, a background check to confirm eligibility and to help ensure that the use or involvement in any way of any such person in advertising or publicity for the contest will not bring the Sponsor into disrepute, contempt, scandal or ridicule or reflect unfavorably on the Sweepstakes, the Sponsor or any supplier of any portion of the prizes, as determined by the Sponsor in its sole discretion. Sponsor reserves the right to refuse to award prizes, in whole or in part, to any person where that person’s background check reveals information that is unacceptable to the Sponsor, in the Sponsor’s sole discretion.
Each Winning Customer is responsible for the payment of his/her taxes on the prize and for any other costs and expenses associated with the acceptance and use of the prize, including, without limitation, ground transportation, meals, gratuities and souvenirs.
Any required tax reporting forms will be furnished to the IRS.
8. WINNER NOTIFICATION
The Sponsor will promptly post the winning Point totals for all prizes on the Website after the Promotional Period ends. Sponsor shall also send winning notification and the prize selection form (“Notice”) to all Winning Customers prior to the Tournament via email to the email address then-currently associated with the Winning Customer’s Account. Sponsor shall not be responsible for Notices which are not delivered or are delivered late due to the acts or omissions of the postal service. It shall be the Winning Customer’s obligation to contact Sponsor if the Notice is not received.
Winning Customers must notify Sponsor of his/her prize selection no later than midnight (Pacific Time) June 20, 2008. Notice may be given by returning the Notice to Sponsor or by posting the selection on the Winning Customer’s Account.
Cash prizes will be sent to Winning Customers no later than June 30, 2008.
Winning Customers selecting the Tournament Invitation prize shall, prior to participating in the Tournament, be required to complete and sign the following (which may be viewed on the Website):
(a) an Affidavit of Eligibility;
(b) a Liability Release;
(c) an IRS Form W-9; and
(d) a Publicity Release.
In the event of non-compliance with these rules, or if the Prize or Notice is unclaimed or returned as undeliverable, the Prize will be forfeited.
Any forfeited Prize may be awarded to an alternate winner, at Sponsor's discretion.
9. TRANSFERRING/ASSIGNING THE PRIZE
A Winner may transfer/assign his/her invitation to the Tournament (if that is the Prize of his/her choice) to another individual. However, subsequent assignments/transfers are strictly prohibited. An assignment shall only be valid by properly completing and submitting the Sponsor’s assignment form to Sponsor. See the Website for full details. The assignment of the cash prize is not assignable or transferable.
10. PUBLICITY
Except where prohibited by law, by entering the Contest, as a condition of participating in this Contest, you agree to allow the Sponsor and its designees to use your name, photograph, likeness, statements, biographical information, voice and city and state address for advertising and promotional purposes for this and similar promotions, worldwide, and in perpetuity, in any and all forms of media, now known or hereafter devised without additional compensation, review or approval rights, notification or permission, except where prohibited by law.
YOU FURTHER ACKNOWLEDGE THAT IF YOU ARE CHOSEN AS A WINNER, YOUR PERSONAL IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION, PLACING YOUR NAME ON A WINNERS' LIST.
BY ENTERING THIS CONTEST, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND CONSENT TO SPONSOR'S PRIVACY POLICY AND TERMS OF USE.
11. LIMITATION OF LIABILITY
Sponsor is not responsible for: (1) stolen, lost, late, misdirected, damaged, undeliverable or incomplete, inaccurate, delayed, illegible Accounts or “chips” due to technical, computer, mechanical, printing, typographical, human or other errors relating to or in connection with the Contest, including, without limitation, errors which may occur in connection with the administration of the Contest, the mailing or transmission of Account information or orders, notification or correspondence, the processing of entries, the announcement of the prizes or in any Contest related materials; (2) technical failures of any kinds; (3) failures of any of the equipment or programming associated with or utilized in the Contest; (4) unauthorized human and/or mechanical intervention in any part of the entry process or the Contest; (5) technical or human error that may occur in the administration of the Contest, the sending of Account information or orders or processing the same; or (6) any injury or damage to persons or property that may be caused, directly or indirectly, in whole or in part, from your participation in the Contest or receipt or use of any prize. If for any reason your Account or order is confirmed to have been erroneously deleted, lost or otherwise destroyed, corrupted or for any other reason your entries are not accepted by Sponsor during the Contest, your sole remedy is create a new Account or place another order, whichever applies to your circumstances. Sponsor may rescind any Contest entry found to contain such errors or failures without liability at its sole discretion.
As a condition of participating in this Contest, you agree to release, indemnify and hold harmless the Sponsor, and its affiliate companies, and their respective parent companies, subsidiaries, affiliates, and Sponsor’s prize suppliers, and advertising and promotion agencies, and all its affiliates, and each of their respective agents, representatives, managers, officers, directors, shareholders, members and employees from and against any injuries, losses, damages, claims, actions and any liability of any kind resulting from or arising from participation in the Contest, including acceptance, possession, use, misuse or nonuse (including any travel or travel-related activity thereto) of the prize that may be awarded, or any injury or for damage to your or any other person's computer or wireless device relating to or resulting from participation in this Contest, or inability to access any web site or wireless service associated with this promotion, or any combination thereof. You agree that the laws of the state of Delaware will govern any and all disputes.
As a condition of participating in this Contest, you agree that (1) under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses, (2) all causes of action arising out of or connected with this Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and (3) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, but shall in no event include attorneys’ fees. Sponsor reserves the right to modify prize award procedures.
If in the Sponsor's opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Contest, or if computer virus, bugs, unauthorized intervention, fraud, or technical difficulties or failures compromise or corrupt or affect the administration, integrity, security, fairness, or proper conduct of the Contest, Sponsor reserves the right at its sole discretion to disqualify any individual who tampers with the entry process and or void any entries submitted fraudulently, to modify or suspend the Contest, or to terminate the Contest without awarding the prizes. Any attempts by an individual to access any web site associated with this promotion via robotic, automatic entry devices, programs such as, but not limited to, by script, macro or any other automated means, or other unauthorized entry will void all such entries by such methods.
ANY ATTEMPT BY YOU TO DELIBERATELY DAMAGE SPONSOR’S WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK CIVIL AND/OR CRIMINAL PROSECUTION AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM YOU TO THE FULLEST EXTENT OF THE LAW.
12. NAMES OF WINNING CUSTOMERS
To obtain the names of the Winning Customers, any person may mail a self-addressed, stamped envelope after June 20, 2009 to: Go All In, LLC, 2711 Centerville Road, Suite 400, PMB 6283, Wilmington, DE 19808. Requests must be received no later than July 15, 2009.
13. ARBITRATION AND DISPUTES
As a condition of participating in this Contest, you agree that any and all disputes which cannot be resolved between the parties, claims and causes of action arising out of or connected with this Contest, or any prizes awarded, or the determination of a Winning Customer shall be resolved individually, without resort to any form of class action exclusively by arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Association, then effective and in accordance with its expedited hearing procedures. The arbitration will be conducted before a single arbitrator and will be limited solely to the dispute between you and Sponsor. The arbitrator’s award, including attorneys’ fees, shall be binding and may be entered as a judgment in any court of competent jurisdiction. Further, in any such dispute, under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than actual out-of-pocket expenses (i.e., costs associated with entering this Contest), and you further waive all rights to have damages multiplied or increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or your rights and obligations or Sponsor's rights and obligations in connection with this Contest, shall be governed by, and construed in accordance with, the laws of the State of Delaware, U.S.A., without giving effect to the conflict of laws rules thereof, and all proceedings shall take place in the state of Iowa in the City of Cedar Rapids.
14. SPONSOR
The Sponsor of the Contest is Go All In, LLC, 2711 Centerville Road, Suite 400, PMB 6283, Wilmington, DE 19808.
15. OPT-OUT
If you do not wish to receive any further notices from Go All In regarding Contest offerings, send your name and address to: Go All In, 2711 Centerville Road, Suite 400, PMB 6283, Wilmington, DE 19808.
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