THE 5-HOUR ENERGY® COUNTRY SWEEPSTAKES
NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
SWEEPSTAKES ENTRY PERIOD: The 5-hour ENERGY® Country Sweepstakes (the “Sweepstakes”) begins at 12:00:01 AM Eastern Daylight Time (“EDT”) on Monday, July 1, 2019 and ends at 11:59:59 PM EDT on Thursday, October 31, 2019 (the “Sweepstakes Period”).
ELIGIBILITY: The Sweepstakes is open to legal residents of the 50 United States, including the District of Columbia, who are age 18 or older at the time of entry. Void in Puerto Rico, Guam, the U.S. Virgin Islands, outside the U.S., and wherever else prohibited by law. Employees of Living Essentials, LLC (the "Sponsor"), US Sweepstakes & Fulfillment Company (the “Sweepstakes Administrator”), Red Light Management and Greenroom PR (including Dierks Bentley) and their respective subsidiaries, affiliates, advertising and promotion agencies, and the immediate family members (spouses, parents, children, and siblings and their spouses) of, and/or those living in the same household of each, are not eligible to enter. Sweepstakes is subject to all applicable federal, state and local laws and regulations.
HOW TO ENTER: There are two (2) ways to enter.
Method #1: Purchase Entry.
- Step One: During the Sweepstakes Period, purchase any 5-hour ENERGY® or 5-hour™ TEA product (the “Qualifying Product”).
- Step Two: Collect your original, itemized, store-identified purchase receipt dated between 7/1/19 and 10/31/19 and underline, circle or otherwise highlight the Qualifying Product on the receipt (the “Receipt”). Keep your Receipt. Sponsor reserves the right to require a participant to provide original Receipt for verification purposes upon request.
- Step Three: Take a photo of the Receipt (the “Receipt Photo”). The Receipt Photo must clearly show store where purchased, purchase date and the Qualifying Product purchased. Receipt Photo must be in .jpg, .gif, or .png format and should be no larger than 5 megabytes (5MB).
- Step Four: Submit your Sweepstakes Entry via one of the following methods:
- Online: Visit www.5HECountry.com (the “Sweepstakes Website”), complete the entry form, including, but not limited to, your full name, email address, phone number and the name of the store where you purchased the Qualifying Product, follow the instructions to upload the Receipt Photo and submit to receive one (1) entry into the Sweepstakes (each a “Purchase Entry”). After receiving a Purchase Entry, the Sweepstakes Website will ask if you would like to submit an additional Receipt to receive an additional Purchase Entry. To submit an additional Receipt and receive an additional Purchase Entry, follow the instructions to provide the name of the store where you purchased a seperate Qualifying Product and upload that Qualifying Product’s Receipt Photo to receive an additional Purchase Entry (collectively, the “Purchase Entries”). You may repeat this process to receive up to five (5) Purchase Entries per day with a limit of up to fifty (50) total Purchase Entries per person during the Sweepstakes Period. Each Receipt submitted must be unique and there is a limit of one (1) Purchase Entry per unique Receipt, regardless of the number of Qualifying Products indicated on the Receipt. Attempts to gain a Purchase Entry by submitting a Receipt that has already been submitted to the Sweepstakes will be disqualified. Only valid Reciepts and Receipt Photos will be accepted and are subject to verification and will not be returned.
- Text: Text the keyword “5HECOUNTRY” to shortcode 467467. You will receive an automatic reply, via text message, with a link to the Sweepstakes Website. Click, tap or follow the link to visit the Sweepstakes Website, complete the entry form, including, but not limited to, your full name, email address, phone number and the name of the store where you purchased the Qualifying Product, follow the instructions to upload and submit the Receipt Photo to receive one (1) entry into the Sweepstakes (a “Purchase Entry”). After receiving a Purchase Entry, the Sweepstakes Website will ask if you would like to submit an additional Receipt to receive an additional Purchase Entry. To submit an additional Receipt and receive an additional Purchase Entry, follow the instructions to provide the name of the store where you purchased a seperate Qualifying Product and upload that Qualifying Product’s Receipt Photo to receive an additional Purchase Entry. You may repeat this process to receive up to five (5) Purchase Entries per day with a limit of up to fifty (50) total Entries per person during the Sweepstakes Period. Each Receipt submitted must be unique and there is a limit of one (1) Purchase Entry per unique Receipt, regardless of the number of Qualifying Products indicated on the Receipt. Attempts to gain a Purchase Entry by submitting a Receipt that has already been submitted to the Sweepstakes will be disqualified. Only valid Reciepts and Receipt Photos will be accepted and are subject to verification and will not be returned.
Important Notice for text message method of entry: WHEN YOU ENTER VIA TEXT, YOU WILL RECEIVE UP TO ONE (1) REPLY. UP TO ONE (1) SENT AND ONE (1) RECEIVED TEXT MESSAGES WILL BE REQUIRED. IF YOUR TEXT DOES NOT COMPLY WITH SUBMISSION REQUIREMENTS, YOU WILL RECEIVE AN ERROR TEXT. MESSAGE & DATA RATES MAY APPLY. Reply STOP to 467467 to stop receiving text messages or reply HELP to 467467 for help. Incomplete or inaccurate entries shall be deemed void. Entrant's wireless service provider may charge entrant for data usage, and entrant shall be responsible for any and all costs associated with this form of entry. Please consult your wireless service provider regarding their pricing plans. Entrant must be a wireless service subscriber with data usage and text messaging service, using a participating service provider in order to enter via this method. Not all wireless phone providers carry the necessary service to participate. Check your phone and service capabilities for specific mobile internet instructions.
Method #2: Free, Alternate Method of Entry (“Mail-In Entry”): To enter without purchase, clearly hand-print your name, complete address, email address and phone number on a sheet of paper and mail that sheet of paper in an addressed envelope to: The 5-hour ENERGY® Country Sweepstakes, 625 Panorama Trail, Suite 2100, Rochester, NY 14625-2437. Each Mail-In Entry must be mailed separately and must be postmarked between Monday, July 1, 2019 and Thursday, October 31, 2019 and received by Thursday, November 7, 2019. Photocopied, illegible, or mechanically reproduced entries are not eligible. All entries become the property of the Sponsor and will not be returned or acknowledged. Sponsor is not responsible for lost, late, damaged, misdirected or postage-due mailed entries.
Purchase Entry and Mail-In Entry collectively referred to herein as “Entry” or “Entries”.
Limits of Entry:
- Regardless of the method of entry, there is a limit of up to fifty (50) Entries per person during the Sweepstakes Period.
- Regardless of the method of entry, there is a limit of five (5) Entries per person per day.
- There is a limit of one (1) Entry per unique Receipt. Attempts to submit a Receipt that has already been submitted to the Sweepstakes will be disqualified.
All methods of entry have an equal chance of winning. All entries become the property of the Sponsor and will not be acknowledged or returned.
PRIZE/APPROXIMATE RETAIL VALUE (“ARV”)/ODDS: There is one (1) Grand Prize available to be won. One (1) Grand Prize winner will receive a trip for two (2) people, winner and one (1) guest, to Nashville Tennessee and the opportunity to meet Dierks Bentley*. Trip package includes:
- Round-trip, coach-class air-transportation for winner and one (1) guest to Nashville, Tennessee from a major airport within the 50 US states nearest the winner’s residence as determined by Sponsor;
- Four (4) days and three (3) nights first-class hotel accommodations at a hotel of Sponsor’s choice, based on single room/double occupancy;
- Meet and greet with Dierks Bentley*;
- Two (2) tickets to the Grand Ole Opry, including post-show backstage tour;
- Two (2) general admission tickets to the Ryman Auditorium self-guided tour;
- Two (2) tickets to the Country Music Hall of Fame and RCA Studio B tour; and
- Car rental for duration of stay.
The total ARV of the Grand Prize is: $4,800. The ARV may vary based upon dates of travel and point of departure. The difference between the ARV and actual value of the Grand Prize will not be awarded.
*The Grand Prize is only available from 12/1/19 to 1/31/20 or Grand Prize will be forfeited in its entirety. Dates are subject to change in the Sponsor’s sole discretion. Entrants understand that the meet and greet with Dierks Bently opportunity has NO CASH VALUE and if the meet and greet with Dierks Bentley is cancelled for reasons beyond the Sponsor’s control, the Grand Prize will consist of only the remaining travel-related prize elements.
Odds of winning will depend upon the total number of eligible entries received.
RANDOM DRAWING: The winner will be selected in a random drawing on or about Friday, November 8, 2019 from among all eligible entries received during the Sweepstakes Period by the Sweepstakes Administrator, an independent representative of the Sponsor whose decisions are final.
WINNER NOTIFICATION & VERIFICATION: Potential Grand Prize winner will be notified via email and/or phone, and will be required to sign and return, within three (3) days of notification, an Affidavit of Eligibility, a Liability Waiver, an IRS W-9 Form and where allowable, a Publicity Release (collectively, "the Releases"). These Releases will require the Grand Prize winner to furnish his/her Social Security Number for the purpose of tax reporting, as required by law, and for the purpose of a background check, as described below. Travel companion of winner will also be required to sign a Travel Companion Liability & Publicity Release. Noncompliance will result in disqualification and an alternate winner may be selected.
The Grand Prize winner and his/her travel companion will also be required to submit to a background check to confirm eligibility and help ensure that the use of any such person in advertising or publicity for the Sweepstakes will not bring Sponsor into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Sweepstakes or Sponsor, as determined by Sponsor in its sole discretion. Sponsor reserves the right to disqualify a potential winner and/or his/her travel companion on the basis of the findings resulting from such background check or if a potential winner fails to properly authorize and/or provide the required information in connection with such background check.
If a winner is otherwise eligible under these Official Rules, but is nevertheless deemed a minor in his or her state of primary residence, the prize will be awarded in the name of winner's parent or legal guardian who will be required to execute and return the Releases on minor’s behalf, as applicable, and such parent or legal guardian must accompany Grand Prize winner as his/her travel companion on the Grand Prize trip.
If a prize notification or prize is returned as undeliverable, or if winner is found to be ineligible or not in compliance with these rules that winner will be disqualified, and the prize may be awarded to an alternate winner in a separate random drawing. Only two (2) alternate winners may be determined through this process, after which the prize may remain un-awarded.
PRIZE CONDITIONS: Prize is not redeemable for cash. Prize is not assignable nor transferable. No substitution is permitted except if prize is unavailable, in which case a prize of equal or greater value will be awarded. No cash in lieu of prize and no exchange or substitution of prize, except at the sole discretion of the Sponsor. Any other incidental expenses on prize not specified herein are the winners’ sole responsibility.
All travel related expenses, including but not limited to, ground transportation to and from home, taxes, gratuities, incidentals, upgrades, insurance, service charges, airport surcharges, departure taxes, hotel, resort or property fees, luggage fees, food & beverage and personal expenses such as telephone/Internet charges, and gift shop purchases are the sole responsibility of prize winner. Winner and travel companion must travel on same itinerary. Winner and travel companion must have valid photo ID and any other required documentation prior to departure.
Sponsor will, in its sole discretion, determine which airport is closest to the Grand Prize winner’s home. In the event the Grand Prize winner’s residence is close enough to Nashville, Tennessee such that air transportation is deemed by Sponsor in its sole discretion to be unnecessary, the Grand Prize will not include air transportation from such Grand Prize winner’s residence and no other substitution or compensation will be provided in lieu thereof. The Grand Prize winner and his/her travel companion are responsible for obtaining any travel insurance (and all other forms of insurance) that they may wish to obtain (at their own expense) and hereby acknowledge that the Sponsor has not and will not obtain or provide travel insurance or any other form of insurance.
Photo identification and credit card or cash deposit may be required at any time for incidental charges (e.g., room service, use of telephone/IT services, laundry and all other optional extra services not provided in the Grand Prize). If Grand Prize winner elects to travel or partake in the Grand Prize with no travel companion, no additional compensation will be awarded. All hotel reservations are based on availability. Accommodations are subject to availability at time of reservation. Blackout dates, advance booking requirements and travel restrictions may apply. Availability is subject to factors such as weather, seasonality and space availability. Reservations are subject to availability. If weather or other incident or conditions beyond the control of the Sponsor affects the ability for winner and his/her travel companion to redeem any portion of prize during the scheduled date and time, then the Sponsor shall have no further obligation to the winner and/or travel companion other than to supply the remaining elements of the prize package minus the unused portion of prize. Sponsor shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels, venue operators, transportation companies, prize providers or any other persons providing any prize-related services or accommodations. Sponsor is not liable for expenses incurred as a consequence of flight cancellation/delay. No refund or compensation will be made in the event of the cancellation or delay of any transportation or other prize element except at the sole and absolute discretion of Sponsor. If for any reason whatsoever, winner and/or travel companion are unable to travel after all travel arrangements have been made and paid, the Sponsor shall have no further obligation to the winner. Winner and travel companion are responsible for obtaining the proper travel documentation (e.g., valid photo ID and/or passport) prior to travel. Unless child of Grand Prize winner, each travel companion must be eighteen (18) years of age or older as of the date of departure. Winner and travel companion(s) must travel on the same itinerary and at the same time. Each travel companion must execute a Travel Companion Liability & Publicity Release prior to travel as noted above. Or, if winner’s travel companion is deemed a minor in his or her state of primary residence, travel companion’s parent or legal guardian must execute the Travel Companion Liability Release on the minor travel companion’s behalf, as applicable.
In the event a winner or his/her travel companion engages in behavior that, as determined by the Sponsor in its sole discretion, is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the trip early, in whole or in part, and send the winner and his/her travel companion home with no further obligation. In the event a winner engages in behavior during travel that (as determined by Sponsor in its sole discretion) is illegal, tortious, or subjects winner to arrest or detention, Sponsor shall have no obligation to pay any damages, fees, fines, judgments or other costs or expenses of any kind whatsoever incurred by winner as a result of such conduct. SPONSOR SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM OR ARISING OUT OF ANY TRAVEL RELATED TO THE PRIZE OR ANY ACTIVITY RELATED TO THE PRIZE OR ANY OTHER ASPECT OF GRAND PRIZE WINNER’S ACCEPTANCE OR USE OF THE PRIZE.
Car rental component of prize is subject to rental agency’s terms and conditions, including minimum age requirements for select vehicles. In the event winner cannot comply with rental agency’s terms and conditions, the Grand Prize Package will be awarded without the car rental component and no other substitution or compensation will be provided in lieu thereof.
Any planned activities included in the trip package are not redeemable for cash. If vouchers, tickets or passes are provided, each voucher, ticket and pass is subject to the issuing company’s complete terms and conditions and will not be replaced if lost or stolen. In the event that a planned activity does not take place as scheduled, for reasons such as cancellation, preemption or postponement, or for any reason beyond the control of the Sponsor, Sponsor's sole responsibility will be to award the remaining portion of the Grand Prize and no additional substitution or compensation will be provided.
Winner is responsible for all federal, state, local and income taxes associated with winning prize. Grand Prize winner will be required to furnish his/her Social Security Number for the purpose of preparation of tax forms as required by law and for the purpose of a background check, as described above.
Except where prohibited by law, entry and acceptance of prize constitute permission to use winner's name, prize won, hometown, likeness, video tape, photographs, and statements for purposes of advertising, promotion and publicity (including online posting) in any and all media now or hereafter known throughout the world in perpetuity, without additional compensation, notification or permission.
GENERAL: Participating entrants agree to these Official Rules and the decisions of the Sponsor and the Sweepstakes Administrator, and release the Sponsor, the Sweepstakes Administrator, Red Light Management and Greenroom PR (including Dierks Bentley) and their affiliated companies, parents, and all other businesses involved in this Sweepstakes, as well as the employees, officers, members, founders, directors and agents of each (the “Released Parties”), from all claims and liability relating to their participation in the promotion, and the acceptance and use/misuse of the prize offered. Winner assumes all liability for any injury or damage caused or claimed to be caused, by participation in this Sweepstakes or use/misuse or redemption of the prize. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Sweepstakes or in the announcement of the prize.
In the event of a dispute over the identity of an entrant, entry will be deemed submitted by the "Authorized Account Holder" of the e-mail address submitted at time of entry. Authorized Account Holder means the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Sponsor may ask any entrant or potential winner to provide Sponsor with proof, to Sponsor’s satisfaction, that such party is the authorized account holder of the email address associated with the entry. Entry materials/data that have been tampered with or altered, or mass entries or entries generated by a script, macro or use of automated devices are void. The Released Parties are not responsible for: (i) lost, late, misdirected, damaged or illegible entries; or (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; or (iii) any injury or damage to entrant's or any other person's computer related to or resulting from participating in the Sweepstakes. By participating in the Sweepstakes, you (i) agree to be bound by these official rules, including all eligibility requirements, and (ii) agree to be bound by the decisions of Sponsor and the Sweepstakes Administrator, which are final and binding in all matters relating to the Sweepstakes. Failure to comply with these official rules may result in disqualification from the Sweepstakes. Sponsor reserves the right to: (i) permanently disqualify from any Sweepstakes it sponsors any person it believes has intentionally violated these official rules; and (ii) withdraw a method of entry if it becomes technically corrupted (including if a computer virus or system malfunction inalterably impairs its ability to conduct the Sweepstakes). If for any reason this Sweepstakes is not capable of running as planned due to an infection by a computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify (a modification may include, but is not limited to, the method of entry or to these Official Rules), or suspend the Sweepstakes, at which time, Sponsor will conduct a random drawing from among all eligible entries received at the time of the Sweepstakes termination.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS WEB SITE OR INTERFERE WITH THE OPERATION OF THE SWEEPSTAKES, 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 PERMITTED BY LAW.
GOVERNING LAW AND LIMITATION OF LIABILITY: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor or the Released Parties in connection with the Sweepstakes will be governed by and construed in accordance with the internal laws of the State of Michigan, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.
BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
DISPUTES: The parties hereto each agree to finally settle all disputes only through arbitration; provided, however, the Released Parties shall be entitled to seek injunctive or equitable relief in the state and federal courts in Oakland County, Michigan and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Sweepstakes shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Oakland County, Michigan. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve a/ny claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Oakland County, Michigan. Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
OFFICIAL RULES REQUEST: To request a copy of the Official Rules, see www.5HECountry.com or send a self-addressed, stamped envelope by November 9, 2019, to: The 5-hour ENERGY® Country Sweepstakes Official Rules Request, PO Box 25466, Rochester, NY 14625-0466.
WINNER CONFIRMATION REQUEST: For a written confirmation of the winner (available after 11/9/19), send a stamped, self-addressed envelope (no later than 12/9/19), to: The 5-hour ENERGY® Country Sweepstakes Winner Confirmation Request, PO Box 25466, Rochester, NY 14625-0466.
SPONSOR: Living Essentials, LLC, 38955 Hills Tech Drive, Farmington, MI 48331.
SWEEPSTAKES ADMINISTRATOR: US Sweepstakes & Fulfillment Company, 625 Panorama Trail, Suite 2100, Rochester, NY 14625. 1-800-620-6044
Void outside the US, in Puerto Rico, Guam, the U.S. Virgin Islands and wherever else prohibited by law.