GummiShot Sweepstakes Official Rules
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE, LOCAL, AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.
Participation constitutes Entrant’s (as defined herein) full and unconditional agreement to and acceptance of these rules (the “Official Rules”). The GummiShot F45 Sweepstakes (the “Sweepstakes”) begins at 12:00 a.m. Central Time (“CT”) on October 1st, 2022 and ends at 11:59 p.m. CT on November 30th, 2022 (the “Sweepstakes Period”), with three (3) Winners (as defined herein) being randomly selected from all eligible entries received during the Sweepstakes Period.
The Sweepstakes is sponsored by GummiShot (the “Sponsor”), with offices located at 2200 Delaware Ave, Santa Cruz, CA 95060. These Official Rules will be available on the Sponsor’s website during the entire Sweepstakes. This promotion is in no way sponsored, endorsed or administered by, or associated with, F45.
- Eligibility:The Sweepstakes is only open to (i) legal residents of the fifty United States and the District of Columbia, who (ii) are eighteen (18) years of age or older as of the time of entry, and (iii) are not otherwise prohibited from entry as set forth herein. The following persons are ineligible to participate: (a) any employees, officers, and directors of the Sponsor, its affiliated companies and subsidiaries, advertising and promotion agencies, and any other entities or persons directly associated with this Sweepstakes (collectively, the “Sweepstakes Parties”), and (b) any immediate family members of or members of the same household as any of the foregoing. All federal, state, and local laws and regulations apply.
- How to Enter: During the Sweepstakes Period, eligible persons may enter the Sweepstakes (“Entrants”) by (i) submitting email at https://gmsht.com/sweepstakes, and (ii) texting “ENTER” to (855) 949-3540 (each, an “Entry”). Limit one (1) Entry per email or phone number during the Sweepstakes Period. All required information must be included in the Entry for the Entrant to be eligible to win a Prize (as defined herein). If more than the permitted number of Entries is submitted, only the first Entry received will be considered.
- Drawing and Notifications: One (1) random drawing for the Prizes will take place on or about December 1st, 2022, with three (3) winners (the “Winners”) being selected from all eligible entries received during the Sweepstakes Period. The drawing will be conducted by Sponsor whose decisions are final and binding in all matters relating to this Sweepstakes. Entrants are deemed Winners pending confirmation and/or verification of eligibility (as further described in Paragraph 5 below) and compliance with these Official Rules. The odds of winning a Prize depend on the total number of eligible Entries received during the Sweepstakes Period. An Entrant is only eligible to win one (1) Prize during the Sweepstakes Period. The Winners will be notified in the comments section of the Post on which they entered the Sweepstakes.
- Prizes:There is a total of three (3) Prizes. Each Winner will receive a six-month supply of GummiShot Energy Gummies in various flavors, with an approximate retail value (“ARV”) of $540.00 USD (the “Prizes”). The total ARV for all Prizes is $1,620.00 USD. The ARV of the Prizes may fluctuate and change between the date of commencement of the Sweepstakes and the date that the Prize is awarded or redeemed. Any difference between the ARV and the actual value, if any, will not be awarded. No substitution, transfer, assignment, or cash equivalent permitted. Sponsor reserves the right, in its sole discretion, to (i) postpone or cancel the Sweepstakes at any time, for any reason, without notice, or (ii) substitute any Prize with another prize of equal or greater value in the event that any Prize (or any component thereof) is not available for any reason.
- Prize Conditions:By accepting any Prize, the Winners (as further described in Paragraph 8 below) agree to release the Sponsor and the Sweepstakes Parties (the “Released Parties”) from any and all liability whatsoever for any injuries, losses, or damages of any kind caused by entering the promotion or for damages of any kind caused by participation in the Sweepstakes, any Prize or resulting from acceptance, possession, or use/misuse of any Prize awarded. The Winners are solely responsible for all applicable federal, state, and local taxes and/or any other fees/costs associated with the Prize or receipt of the Prize. The Winners, as a condition to receiving any Prize, may be required to sign and return an affidavit of eligibility and liability/publicity release or similar document within forty-eight (48) hours of Sponsor notifying Winner of his/her Prize eligibility. If Sponsor is unable to contact any Winner within forty-eight (48) hours from the first notification attempt, any Winner fails to complete and return all requested forms by the specified time, or any Winner fails to comply with any of the requirements in these Official Rules, such Winner’s Prize will be forfeited, and an alternate prospective winner will be randomly selected from all eligible Entries received for that drawing. Failure to timely comply with the aforementioned conditions shall be grounds for disqualification from receipt of a Prize in Sponsor’s sole and absolute discretion.
- Publicity Rights. The Winner’s acceptance of a Prize constitutes permission (except where prohibited by law) for the Sponsor to use said Winner’s name, likeness, statements, biographical information, voice, and address (city and state), in all forms of media, in perpetuity, without notice or further compensation.
- Release and Limitation of Liability: This Sweepstakes is subject to all applicable federal, state, and local laws. By entering the Sweepstakes, Entrants agree to be bound by all applicable law. The decisions of Sponsor are final and binding in all respects. Entrants waive any and all rights to claim ambiguity, should it even exist, in connection with these Official Rules. Sponsor and the Released Parties shall have no responsibility or liability (including, but not limited to, liability for any property loss, damage, personal injury, or death) to any Entrants in connection with: participation in the Sweepstakes, including, but not limited to, any damage or loss due to human error; incorrect or inaccurate transcription of entry information; acceptance/possession, use/misuse, and/or defects of the Prizes awarded herein and any Sponsor products or services purchased therewith; any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, or internet service provider utilized in connection with the Sweepstakes; interruption or inability to access Sponsor’s mobile application, Sponsor’s website, Instagram, or any online service via the Internet due to hardware, software compatibility problems, or otherwise; any damage to an Entrant’s (or a third person’s) computer, network, and/or phone and/or its contents related to or resulting from any part of the Sweepstakes; any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, even if caused by the negligence of Sponsor or any vendor, service provider, or contractor assisting with the operation or administration of the Sweepstakes. Assumption of Risk: By entering the Sweepstakes, to the fullest extent permitted under applicable law, Entrants including the Winners agree on behalf of themselves, their heirs, and any representatives to release, discharge, indemnify, and hold harmless Sponsor and the Released Parties from and against any and all direct and indirect losses and third party claims, damages or liability due to any injuries, damages, or losses to Entrant or any person (including, but not limited to, those arising from death or personal injury) or property of any kind resulting or arising, in whole or in part, directly or indirectly, from acceptance, possession, use, or misuse of any Prize or product or service purchased with such Prize, or participation in the Sweepstakes or any Sweepstakes-related activity.
Entrants who are California residents assume the above mentioned risks and agree that their release shall apply to all unknown or unanticipated results of the occurrences described above, as well as those known or anticipated, and such Entrants hereby knowingly waive any and all rights and protections under California Civil Code Section 1542, which section reads as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
BY ENTERING, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ENTRANTS FURTHER AGREE TO WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIM, ACTION, OR PROCEEDING AGAINST SPONSOR AND THE RELEASED PARTIES RELATIVE TO THE PRIZE(S) AND HEREBY ACKNOWLEDGE THAT SPONSOR AND THE RELEASED PARTIES HAVE NEITHER MADE NOR ARE IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT, OR IN LAW, RELATIVE TO ANY PRIZE, OR PRODUCT OR SERVICE PURCHASED THEREWITH, ITS QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR SUITABILITY FOR USE. The failure of Sponsor or the Released Parties to comply with any provision of these Official Rules due to any act of God, storm, hurricane, tornadoes, other inclement weather, fire, riot, earthquake, act of terrorism, act of public enemies, war, civil unrest, or actions by governmental authorities outside the control of Sponsor (excepting compliance with applicable law), or other force majeure event (collectively, “Force Majeure Events”) will not be considered a breach of these Official Rules by Sponsor.
- Technical Malfunctions:If for any reason this Sweepstakes is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes, the Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes in whole or in part, at any time, without notice. In such event, Sponsor may, in its sole discretion, (i) hold a drawing excluding any Entrants suspected of taking any action which violates these Official Rules or otherwise tampering with the operation of the Sweepstakes, and whose entries were received as of or after (if applicable) such cancellation, termination, modification or suspension date, or (ii) take any other action which in its sole discretion is fair and equitable. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, or delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Sponsor is not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to Entrant’s or any other person’s computer relating to or resulting from participation in this Sweepstakes or downloading any materials in this Sweepstakes. Any person attempting to defraud or in any way tamper with the Sweepstakes mechanics and/or implementation will be prosecuted to the fullest extent of the law. In the event of a dispute as to the identity of a Winner based on their Instagram username, the winning entry will be declared by the authorized account holder of the Instagram account submitted at the time of entry. “Authorized account holder” is defined as the natural person who is assigned the e-mail address associated with the entry by an internet access provider, on-line 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.
10.Conduct: By participating, Entrants agree to comply with and be bound by all of these Official Rules. Failure to comply with these Official Rules may result in disqualification from the Sweepstakes in Sponsor’s sole and absolute discretion. Sponsor reserves the right, in its sole and absolute discretion, to modify or terminate the Sweepstakes in the event of any act, occurrence, or reason that it believes would corrupt the integrity, administration, or fairness of the Sweepstakes. Entrants further agree to comply with and be bound by decisions of Sponsor, which shall be final and binding in all respects. Sponsor reserves the right, in its sole and absolute discretion, to disqualify any Entrant or other individual it finds to be: (i) tampering or attempting to tamper with the entry process or the smooth operation of the Sweepstakes, (ii) taking any action which corrupts or affects the administration, security, fairness, integrity or proper conduct of this Sweepstakes, or (iii) otherwise violating these Official Rules. By participating, Entrants represent and warrant that they will not tamper or attempt to tamper with the entry process or smooth operation of the Sweepstakes, including, but not limited to, by entering the Sweepstakes multiple times using multiple Instagram accounts, introducing any malware, bots, or other program which tampers with the operation of the Sweepstakes, or initiating or participating in any form of online attack on the Sweepstakes. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
11.Disputes: TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, EACH ENTRANT AGREES THAT ANY CLAIM OR DISPUTE RELATED TO OR ARISING OUT OF THE SWEEPSTAKES OR THESE OFFICIAL RULES SHALL BE FINALLY RESOLVED BY ARBITRATION, AND SHALL BE BROUGHT INDIVIDUALLY AND NOT BY CLASS ACTION. THE ARBITRAL TRIBUNAL SHALL HAVE THE POWER TO RULE ON ANY CHALLENGE TO ITS OWN JURISDICTION OR TO THE VALIDITY OR ENFORCEABILITY OF ANY PORTION OF THIS AGREEMENT TO ARBITRATE. ARBITRATION SHALL BE HELD IN THE STATE OF CALIFORNIA AND COUNTY OF SANTA CRUZ. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, ENTRANT WAIVES ANY CLAIM THAT THE ENTRANT MAY HAVE AGAINST SPONSOR FOR ANY LOSSES, INJURIES TO PERSON (INCLUDING DEATH) OR PROPERTY, DAMAGES (INCLUDING PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES) OR EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING FROM THE SWEEPSTAKES INCLUDING, WITHOUT LIMITATION, CLAIMS FOR LOST PROFITS, LOST REVENUE, ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM. IN NO EVENT SHALL ENTRANT SEEK TO RESCIND ITS AGREEMENT WITH THESE OFFICIAL RULES OR INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, Entrants’ rights and obligations, or the rights and obligations of Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
12.Questions; Winner List: All questions and inquiries about the Sweepstakes may be submitted via email to email@example.com with the name of the Sweepstakes in the subject line or by sending a stamped, self-addressed envelope to the following mailing address:
GummiShot F45 Sweepstakes
Attn: Legal Department
2200 Delaware Ave
Santa Cruz, CA 95060
13.New Jersey Truth-in-Consumer Contract, Warranty and Notice Act - New Jersey Residents: The following provision applies to residents of the State of New Jersey. Pursuant to the New Jersey Truth-in-Consumer Contract, Warranty and Notice ACT (“TCCWNA”), N.J.S.A. 56:12-14 et seq., certain businesses are not permitted to offer or enter into written consumer contracts with consumers or prospective consumers which include any provision that violates any clearly established legal right of a consumer, or responsibility of the business, as established by state or Federal law. These Official Rules are intended to comply with TCCWNA. In the event of a conflict between these Official Rules and the TCCWNA, the terms of the TCCWNA take precedence and will control. The TCCWNA also requires businesses to specify which provisions are void, unenforceable, or inapplicable in the State of New Jersey. The following provisions of these Official Rules shall not be applicable to New Jersey residents: (i) provisions which limit Sponsor’s liability for any tortious action or breach of contract by Sponsor; and (ii) provisions which limit the amount of damages which may be sought for any tortious action or breach of contract by Sponsor.