Tailgate Sweepstakes Official Rules

NO PURCHASE NECESSARY TO ENTER, WIN OR CLAIM A PRIZE. A PURCHASE OR PAYMENT WILL NOT INCREASE AN ENTRANT’S CHANCES OF WINNING.

The ZOA Fall Sweeps (“Sweepstakes”) is sponsored by ZOA Energy, LLC (“Sponsor”), 1220 E 5th Ave, Suite A, Tampa, FL 33606, and is administered by Merkle Inc., (“Administrator”), 3000 Town Center, Suite 2100, Southfield, MI 48075.

1. PROMOTION PERIOD: The Sweepstakes begins on August 27, 2024 at 12:00 p.m. (noon) Central Time (“CT”) and ends on September 30, 2024 at 11:59 p.m. CT (the “Promotion Period”). The Sponsor’s servers are the official time-keeping devices for the Sweepstakes.

2. ELIGIBILITY: This Sweepstakes is offered only to legal residents of the states of the United States, excluding Rhode Island, and the District of Columbia who are at least eighteen (18) years old at the time of entry. Employees, directors, officers, and agents of Sponsor, Administrator, beverage retailers and distributors, and each of their respective parent companies, divisions, dealers, affiliates, subsidiaries, advertising and promotional agencies and suppliers involved in the Sweepstakes (“Promotion Entities”), as well as the members of each of their immediate families (spouse, parents, children, siblings, and in-laws) and persons residing in the same household as such individuals are not eligible to enter or win. Void in Rhode Island and where prohibited or restricted by law.

Participation constitutes entrant’s full and unconditional agreement to these Official Rules. Sponsor’s and Administrator’s decisions are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.

3. HOW TO ENTER THE SWEEPSTAKES: During the Promotion Period, visit https://zoaenergy.com/collections/tailgate-sweepstakes (the “Promotion Site”) and complete and submit the entry form by providing the entrant’s first and last name (initials are not permitted), valid email address, and valid home address including ZIP Code (P.O. Boxes not permitted). Upon completion and submission of the entry form, including agreement to these Official Rules, entrant will be deemed to be entered into the Sweepstakes drawing. Each entrant may submit only one (1) entry per day, for a maximum of thirty-five (35) total entries during the Promotion Period. A “day” is calculated from 12:01 a.m. to midnight, Central Time, except the first day which begins at 12:00 p.m. CT and ends at 12:00 a.m. CT. Each entrant must use only one email address for all entries submitted for the Sweepstakes. Entrants are not permitted to share an email address.

Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, entries, registrations and logins, or any other methods will void that entrant's entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to the identity of an entrant, Sponsor will rely on the information submitted by the entrant to register for this Sweepstakes. If any additional information provided by entrant is inconsistent with the information provided at registration or entry into the Sweepstakes, Sponsor and/or Administrator may disqualify such entrant and such disqualification may result in the forfeiture of any prizes won.

4. DRAWING: Sponsor’s decisions as to the operation of the Sweepstakes drawing are final and binding in all matters related to the Sweepstakes. Sponsor will randomly select the potential Sweepstakes winner from all eligible entries received during the Promotion Period on or around October 1, 2024. The winner is considered a potential winner pending verification of the person’s eligibility and compliance with the Official Rules.

5. HOW TO CLAIM A PRIZE: Potential winner is subject to verification of eligibility and compliance with these Official Rules. Administrator will notify potential winner by email after drawing with instructions on how to claim a prize. Potential winner (or parent/legal guardian if winner is a minor in the individual’s state of residence) will be required to sign and return a Declaration of Compliance, Liability Waiver and where not prohibited a Publicity Release ("Declaration") which must be received by Administrator within five (5) days of the date notice or attempted notice is sent, in order to claim the prize. Failure to provide all required information within the stated time period may result in forfeiture of winner’s right to claim a prize, and may result in the prize being awarded to an alternate winner. If the potential winner is found to be ineligible, fails to provide any requested information within the required time period (if applicable), or the prize is returned as undeliverable, the potential winner forfeits the prize. In the event that a potential winner is disqualified for any reason or forfeits the prize, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. Only three (3) alternate drawings will be held, after which the prize will remain un-awarded.

6. PRIZE, APPROXIMATE RETAIL VALUE (“ARV”) AND ODDS OF WINNING:

A. Prize: ONE (1) GRAND PRIZE: Grand Prize includes one (1) Solo Stove®, two (2) Adirondack chairs, one (1) speaker, and one (1) variety pack of ZOA.

B. Total ARV: The total Approximate Retail Value of the Grand Prize (including all five items that constitute the Grand Prize) is $1,000.00.

C. Odds of Winning: The odds of winning a prize depend on the total number of eligible entries received during the Promotion Period.

The Grand Prize (collectively or its component parts) is non-transferable, and no substitution will be made except at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason. Winner is responsible for all taxes and fees associated with prize receipt and/or use. Winner will receive an IRS Form 1099 MISC reporting the actual value of the prize received. In no event will more prizes than are stated in these Official Rules be awarded. If, for any reason, more prize notifications are sent (or more claims are received) than the number of prizes offered, as set forth in these Official Rules, Sponsor reserves the right to award the intended number of prizes through a random drawing from among all eligible prize claims received. ARV is as of the time these Official Rules were printed and the value of a prize component may fluctuate. A winner is not entitled to any difference between the ARV and the actual value of the prize at the time the prize is awarded or delivered. Winner is not responsible for costs for delivering the prize. The Grand Prize will only be sent to the Winner at a valid address identified in the entry form that is in one of the states of the United States (excluding Rhode Island) or the District of Columbia. All other costs and expenses not expressly set forth herein shall be solely the winner’s responsibility. Prize is provided “as is” without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement. Prize will be fulfilled approximately 8-10 weeks after drawing.

7. RELEASE: “Released Parties” are defined as Promotion Entities, as well as their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents. By entering the Sweepstakes, each entrant agrees: (i) to be bound by these Official Rules, including entry requirements; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of his/her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Sweepstakes; and (iv) to forever and irrevocably agree to release and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable attorneys’ fees) that may arise in connection with: (a) the Sweepstakes, including, but not limited to, any Sweepstakes-related activity or element thereof, and the entrant’s entries, participation or inability to participate in the Sweepstakes; (b) the violation of any privacy, personal, publicity or proprietary rights; (c) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a prize (or any component thereof); (d) any change in the prizing (or any components thereof); (e) human error; (f) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties; (g) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof); or (h) the negligence or willful misconduct by entrant.

8. PUBLICITY: Except where prohibited, participation in the Sweepstakes constitutes each winner’s consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.

9. GENERAL CONDITIONS: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, if any fraud, technical failures, human error, or any other factor impairs the integrity or proper functioning of the Sweepstakes, or any event or cause beyond Sponsor’s control (e.g. events such as natural calamities, national emergencies, wide spread illnesses, declarations of war, acts of God, acts of terrorism) interferes with any aspect of the Sweepstakes, including but not limited to fulfillment of the prize(s), as determined by Sponsor in its sole discretion. In such event, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance and may modify the prizes offered herein. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. In the event of any conflict with any details contained in these Official Rules and details contained in any promotional materials (including, but not limited to, point of sale, television and print advertising, promotional packaging, and other promotional media), the details of the Sweepstakes as set forth in these Official Rules shall prevail. In the event there is a discrepancy or inconsistency between disclosures, any printed versions of these Official Rules or any other statements contained in any Sweepstakes-related materials and the Official Rules as posted on the Promotion Site, the Official Rules as posted on the Promotion Site shall prevail, govern, and control.

10. LIMITATIONS OF LIABILITY: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; (6) any undelivered telephone calls, messages or e-mails, including without limitation, e-mails that are not received because of an entrant’s privacy or spam filter settings that may divert any winner notification or other Sweepstakes related e-mail to a spam or junk folder; or (7) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use or misuse of any prize. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes, if it is possible. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.

 

11. DISPUTE RESOLUTION: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Michigan or the appropriate Michigan State Court located in Oakland County, Michigan; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Michigan without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.

12. PRIVACY POLICY: Any personally identifiable information collected during an entrant's participation in the Promotion will be collected by Sponsor or its designee and used by Sponsor, its affiliates, designees, agents and marketers for purposes of the proper administration and fulfillment of the Promotion as described in these Official Rules and in Sponsor’s privacy policy at https://zoaenergy.com/policies/privacy-policy.

13. SEVERABILITY: If any provision of these Official Rules should be held unenforceable or invalid for any reason, then that provision or portion thereof shall be modified or deleted in such manner as to render the remaining provisions of these Official Rules valid and enforceable. The invalidity or unenforceability of any provision of these Official Rules or any prize documents will not affect the validity or enforceability of any other provision.

14. WINNERS LIST: For a winner list, please click HERE (https://bit.ly/3AjBUv2). The winner list will be posted after winner confirmation is complete.