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ALL IN Energy Drink
Wildcard Sweepstakes II
Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
As a condition of participating in the ALL IN Energy Drink Sweepstakes I (the “Sweepstakes”), entrant agrees 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 to waive any right to claim ambiguity in the Sweepstakes or these Official Rules.
1. ELIGIBILITY
The Sweepstakes is open to all legal residents of the United States (except residents of Georgia, Missouri, North Dakota and West Virginia), including the District of Columbia, and Canada (except residents of Quebec) who are twenty-one (21) years of age and older as of July 1, 2009. However, residents of Rhode Island will be eligible July 9, 2009; residents of Florida will be eligible July 15, 2009; and residents of New York will be eligible beginning August 15, 2009. In addition, persons who are winning customers of the ALL IN Customer Appreciation Contest I are not eligible to participate in or win the Sweepstakes. SWEEPSTAKES IS VOID IN PUERTO RICO, THE U.S. VIRGIN ISLANDS, U.S. MILITARY INSTALLATIONS IN FOREIGN COUNTRIES and ALL OTHER U.S. TERRITORIES AND POSSESSIONS AND WHERE RESTRICTED OR PROHIBITED BY LAW.
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, provincial, and local laws and regulations and is void where prohibited or restricted by law.
2. HOW TO ENTER
The Sweepstakes begins 12:00AM Pacific Time on June 30, 2008, and ends at Midnight Pacific Time on May 31, 2009 ("Promotional Period"). During the Promotional Period, you may enter by two methods:
(a) 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. You will receive one entry for every case (a 12-pack) of “All In” Energy Drink you purchase using your Account; or
(b) Hand-print your name, email address, residence address, city, state, zip code, day and evening phone numbers (including area code) and the words ALL IN Energy Drink Sweepstakes I" on a 3"x 5" card, and mail it in a stamped envelope, hand printed, to: Go All In, LLC,2711 Centerville Road, Suite 400, PMB 6283, Wilmington, DE 19808. (“Mail-in Entry”). Entrant may only submit four Mail-in Entries per month during the Promotional Period. All Mail-in Entries must be postmarked by May 31, 2009 and received by June 4, 2009 to be eligible. No mechanical reproductions (such as photocopies) are permitted. Entries that are lost, late, illegible or incomplete for any reason will not be eligible.
Any form of entry other than those described herein is void. All entries, regardless of the method of entry, become the property of the Sponsor and will not be returned.
3. SELECTION OF WINNERS
Sponsor will select 200 entrants by random drawing from all eligible entries (“Winners”). Drawing will occur on June 5, 2009, or within ten (10) days of the end of the Promotional Period. Limit of one (1) Prize per person, address or household. Sponsor’s decisions are final and binding in all respects.
4. PRIZE
Winners will have their choice of receiving either: (i) $100 or (ii) an invitation to participate in the ALL IN Tournament II (both referred to hereafter as the “Prize”). See below for Tournament description. Approximate retail value: $100.
Winners must notify Sponsor of his/her prize selection no later than midnight (Pacific Time) June 20, 2009. Notice may be given by returning the winners’ Notice to Sponsor or by posting the selection on the Winner’s Account.
5. TOURNAMENT
The ALL IN I pro-am-celebrity invitational poker tournament will be held in Las Vegas, Nevada prior to the 2009 WSOP (“Tournament”). For Winners 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) Winners, (ii) up to 1,000 winners and other invitees from the Sponsor’s Chip Count I Contest, (iii) up to 50 winners of the Sponsor’s Affiliate Appreciation Contest, (iv) up to 50 winners of the Sponsor’s Casino Appreciation Contest, and (v) 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.
6. ODDS OF WINNING
The contest is being held simultaneously in the United States and Canada, and odds of winning will depend on the number of eligible entries received from both the United States and Canada during the Promotional Period.
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. 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 to the extent required by law.
Sponsor reserves the right to remove from or to deny entry to the Tournament to any Winner 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 Winner 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, travel, hotel accommodations, ground transportation, meals, gratuities and souvenirs.
Any required tax reporting forms will be furnished to the IRS.
8. WINNER NOTIFICATION
Sponsor shall send notification and the Tournament invitation (“Notice”) to all Winners at least three weeks prior to the Tournament via first class mail or email to the mailing or email address then-currently associated with the Winner’s Account or the address provided on the Mail-In entry. 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.
Winners must notify Sponsor of his/her prize selection no later than midnight (Pacific Time) June 20, 2009. Notice may be given by returning the Notice to Sponsor or by posting the selection on the Winner’s Account.
Cash prizes will be sent to Winners no later than June 30, 2009.
Prior to participating in the Tournament and/or receiving any cash prize, all Winners will 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.
The Affidavit of Eligibility will include a mathematical skill-testing question which must be answered by Canadian residents. Before being declared a Canadian Winner, the answer to the skill-testing question must be verified. U.S. participants are not required to answer the skill-testing question.
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 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. NAMES OF WINNERS
To obtain the names of the Winners, 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.
11. PUBLICITY
Except where prohibited by law, by entering the Sweepstakes, as a condition of participating in this Sweepstakes, entrant agrees to allow Sponsor and its designees to use entrant’s 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.
ENTRANT FURTHER ACKNOWLEDGES THAT IF ENTRANT IS CHOSEN AS A WINNER, ENTRANT’S PERSONAL IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION, PLACING ENTRANT’S NAME ON A WINNERS' LIST.
BY ENTERING THIS CONTEST, ENTRANT ACKNOWLEDGES AND AGREES THAT ENTRANT HAS READ AND CONSENTS TO SPONSOR'S PRIVACY POLICY AND TERMS OF USE.
12. LIMITATION OF LIABILITY
Sponsor is not responsible for: (1) stolen, lost, late, misdirected, damaged, undeliverable or incomplete, inaccurate, delayed, illegible entries due to technical, computer, mechanical, printing, typographical, human or other errors relating to or in connection with the Sweepstakes, including, without limitation, errors which may occur in connection with the administration of the Sweepstakes, the mailing or transmission of entries, notification or correspondence, the processing of entries, the announcement of the prizes or in any Sweepstakes related materials; (2) technical failures of any kinds; (3) failures of any of the equipment or programming associated with or utilized in the Sweepstakes; (4) unauthorized human and/or mechanical intervention in any part of the entry process or the Sweepstakes; (5) technical or human error that may occur in the administration of the Sweepstakes, the sending of entries or the processing of entries; or (6) any injury or damage to persons or property that 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. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost or otherwise destroyed, corrupted or for any other reason not accepted as an entry into the Sweepstakes, entrant's sole remedy is to submit another entry in the Sweepstakes. Sponsor may rescind any Sweepstakes entry found to contain such errors or failures without liability at its sole discretion.
As a condition of participating in this Sweepstakes, entrant agrees to release, indemnify and hold harmless the Sponsor and its affiliate companies, and their respective parent companies, subsidiaries, affiliates, prize suppliers, and Sponsor’s advertising and promotion agencies and all their affiliates, and each of their respective agents, representatives, officers, managers, directors, members, shareholders 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 Sweepstakes, 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 entrant's or any other person's computer or wireless device relating to or resulting from participation in this Sweepstakes or downloading any materials in this Sweepstakes, or inability to access any web site or wireless service associated with this promotion, or any combination thereof. Entrants agree that the laws of the state of Delaware will govern any and all disputes.
As a condition of participating in this Sweepstakes, entrant agrees that (1) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives 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 Sweepstakes, 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 Sweepstakes, 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 Sweepstakes, the 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 Sweepstakes, or to terminate the Sweepstakes and conduct a random drawing to award the prizes using all eligible, non-suspect entries received for the applicable drawing as of the termination date. 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 AN ENTRANT TO DELIBERATELY DAMAGE SPONSOR’S WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES 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 ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW.
13. ARBITRATION AND DISPUTES
As a condition of participating in this Sweepstakes, entrant agrees that any and all disputes which cannot be resolved between the parties, claims and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, or the determination of a Winner 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 entrant be permitted to obtain awards for, and entrant hereby waives 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 Sweepstakes), and entrant further waives all rights to have damages multiplied or increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or entrant’s rights and obligations or Sponsor's rights and obligations in connection with this Sweepstakes, 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 this Sweepstakes 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, LLC regarding Sweepstakes offerings, send your name and address to: Go All In, LLC, 2711 Centerville Road, Suite 400, PMB 6283, Wilmington, DE 19808. Attn: Opt-Out.
CONSUMER DISCLOSURE: NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
You have not yet won any prize, the actual odds of winning any prize will depend upon the total number of eligible entries received for the applicable drawing. All entries must be received by April 5, 2009 to be eligible for the drawing. Sweepstakes ends Midnight PT 5/31/09. See Official Rules above for complete prize restrictions. Sponsored by Go All In, LLC, 2711 Centerville Road, Suite 400, PMB 6283, Wilmington, DE 19808.
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