ZOA Energy’s Black Adam Sweepstakes Official Rules
NO PURCHASE NECESSARY
A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
1. DESCRIPTION: ZOA Energy’s Black Adam Sweepstakes (the “Sweepstakes”) will begin on Monday, September 12, 2022 at 12:00 am Pacific Time (“PT”) and end on Tuesday, November 15, 2022 at 11:59 pm PT (the “Sweepstakes Period”). The sponsor of this Sweepstakes is ZOA Energy, LLC, 1220 E. 5th Avenue, Suite A, Tampa, Florida 33605 ( "Sponsor"). The administrator of this Sweepstakes is Creative Zing Promotion Group ("Administrator", and collectively with Sponsor, the “Sweepstakes Entities”), 2100 E. Robinson, Orlando, Florida, 32803. The “Prize Provider” is Atom Tickets, LLC. Warner Bros. Entertainment Inc. is not a sponsor of this Sweepstakes and it along with its parent, affiliates, and subsidiaries are not responsible for the promotion, administration, or prize fulfillment of this Sweepstakes.
2. ELIGIBILITY: This Sweepstakes is open to legal U.S. residents residing in the fifty (50) United States and Washington, D.C. who are at least eighteen (18) years of age and have reached the legal age of majority in their jurisdiction of residence at the time of entry (each an “Entrant” and collectively, “Entrants”). Employees, officers and directors of Sweepstakes Entities, Prize Provider, Warner Bros. Entertainment Inc., and each of their respective parents, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies; and the Immediate Family Members, and/or Household Members of each, are ineligible to participate in the Sweepstakes. For purposes of the Sweepstakes, “Household Member” shall mean any person who shares the same residence at least three (3) months a year; “Immediate Family Members” shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses. In the event of a dispute over the identity of an Entrant or potential winner in the Sweepstakes, the Entrant or potential winner will be deemed the authorized account holder of the email address associated with the entry. “Authorized Account Holder” is defined as the natural person in whose name the e-mail account was opened. In the event a dispute regarding the identity of an Entrant or potential winner cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. Entries will not be acknowledged except as provided herein. Sweepstakes is void where prohibited.
HOW TO ENTER: Eligible Entrants may enter the Sweepstakes by visiting https://zoaenergy.com/pages/zoa-black-adam-sweepstakes(the "Website"). On the Website, the Entrant must provide all of the information requested, including but not limited to Entrant’s full name, email address, daytime phone number, and your favorite ZOA flavor, then click the “Enter” button to receive one (1) entry (each an “Entry” and collectively the “Entries”) into the Sweepstakes.
Limit of one (1) Entry per person per day for the duration of the Sweepstakes Period. Entries must be received by Tuesday, November 15 2022 at 11:59 pm PT. If any Entrant exceeds the entry limitations, the Entrant may be disqualified, at the Sponsor's sole discretion. Entries generated by a script, macro or other automated means will be disqualified. Incomplete, unreadable, or unintelligible entries will be disqualified. All information provided by Entrants becomes the property of Sponsor. ELIGIBLE ENTRANTS MUST SUBMIT THE REQUESTED ENTRY INFORMATION IN ACCORDANCE WITH THESE OFFICIAL RULES. NO OTHER METHOD OF SUBMISSION WILL BE ACCEPTED. Participation in the Sweepstakes constitutes Entrant's understanding of, full and unconditional agreement to, and acceptance of these Official Rules. Sponsor reserves the right to disqualify any Entrant that Sponsor determines to be in violation of any term contained in these Official Rules. Sponsor's decision not to enforce a specific provision of these Official Rules does not constitute a waiver of that provision or of the Official Rules generally.
4. WINNER SELECTION AND NOTIFICATION: Within approximately five (5) business days of the end of the Sweepstakes Period, the potential “Winners” will be selected via a random drawing conducted by the Administrator from among all eligible entries received. The potential Winners will be notified by email and/or telephone, at the Administrator’s sole discretion, using the contact information provided at the time of entry. Sponsor is not responsible for any winner notifications that are not received for any reason. The potential Winners are responsible for checking their spam filter. The potential Winners will be required to respond (as directed) to the notification within seventy-two (72) hours (or a shorter time if required by exigencies) of
attempted notification. The failure to respond within the stated time period may result in forfeiture of the prize. The potential Winners will be required to verify address, sign, and return within three (3) days of initial notification an affidavit of eligibility, a liability release, and, unless prohibited by law, a publicity release and other legal documents as may be required by Sponsor in its sole discretion (collectively, the "Prize Claim Documents"). Failure to return the Prize Claim Documents within the specified time period may result in forfeiture of the prize and selection of an alternate winner from the remaining eligible Entries. Sweepstakes Entities will attempt to contact up to three (3) potential Winners in accordance with the above procedure, after which the prize may go unawarded if it remains unclaimed. Sponsor reserves the right to disqualify anyone not fully complying with the Official Rules. Winners shall be solely responsible for any applicable federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize. Other restrictions may apply.
5. ODDS: Odds of winning depend on the number of eligible Entries received.
6. PRIZES: The following prizes are available in the sweepstakes:
Number of Prize Packages Available Prize Package Description Approximate Retail Value (“ARV”)
10 One (1) Black Adam movie poster, signed by Dwayne Johnson (ARV $20); “A year’s supply of ZOA Energy” (defined below), awarded in the form of twenty-four (24) 12-packs of ZOA energy drink ($720); “A credit for a year of movies”, awarded in the form of an Atom Tickets $360 credit (being the equivalent of two movie tickets, valued at $15 each, per month for one year), per additional terms below (ARV $360) $1,100
Cumulative retail value of all prizes available in the Sweepstakes: $11,000
Limit one (1) prize per Entrant. All prize details are at the sole discretion of the Sponsor. Autographs have no retail value above the standard ARV of the item upon which they appear. “A year’s supply of ZOA Energy drink” is defined as two (2) 12-packs of ZOA Energy per month for twelve (12) months.
Prize Winners cannot assign or transfer a prize to another person prior to fulfillment. If a prize cannot be awarded due to circumstances beyond the control of Sponsor, a substitute prize of equal or greater retail value may be awarded, in the Sponsor’s sole discretion. If a Winner cannot accept a prize, or any portion thereof, as stated, the prize may be forfeited at the sole discretion of Sponsor. The value of each prize represents Sponsor’s good faith determination of the maximum retail value thereof. No refunds or credit for changes are allowed. Winners will be solely responsible for all federal, state and/or local taxes, if applicable, and for any other fees or costs associated with the prize they receive. The stated ARV of each prize is based on available information provided to Sponsor and the value of the prize awarded to a winner may be reported for tax purposes as required by law. If a prize is valued at $600 or more, the Winner must provide Sponsor with a valid social security number before the prize will be awarded for tax reporting purposes and an IRS Form-1099 may be issued for the actual value of the prize received. Other restrictions may apply. If prize is awarded but goes unclaimed or is forfeited by recipient, the prize may not be re-awarded, in Sweepstakes Entities’ sole discretion.
7. CONDITIONS OF PARTICIPATION/RELEASES: All federal, state and local laws and regulations apply. By participating, each Entrant agrees to be bound by these Official Rules and the decisions of the Sweepstakes Entities, which shall be final in all respects. By participating in this Sweepstakes and/or by accepting any prize, each Entrant agrees to release the Sweepstakes Entities, Prize Provider, Warner Bros. Entertainment Inc., and each of their respective parents, affiliates, subsidiaries, successors, employees, officers, directors, agents, representatives and assigns (collectively, the "Released Parties") from any and all actions, claims, injury, loss or damage arising in any manner, directly or indirectly, from participation in this Sweepstakes and/or acceptance or use of any prize. Each Entrant authorizes the Sponsor and its designees to use his/her name, voice, likeness, biographical data, city and state/territory of residence and Entry materials in programming or promotional material, worldwide in perpetuity, and on a Winner's list, if applicable, without further notice or compensation unless prohibited by law. Sponsor is not obligated to use any of the above-mentioned information or materials, but may do so and may edit such information or materials, at its sole discretion, without further obligation or compensation. The Released Parties shall not be liable for: (i) any injuries, losses, liabilities or damages of any kind resulting from acceptance, possession, participation in, or use of a Sweepstakes prize, or from participation in the Sweepstakes; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of Entry or other materials; (iv) late, lost, delayed, stolen, incomplete, unreadable, inaccurate, garbled or unintelligible Entries, regardless of the method of transmission; (v) any inability of winner to accept or use the prize (or portion thereof) for any reason and such prize or portion thereof shall be forfeited; or (vi) any printing, typographical, human administrative or technological errors in any materials associated with the Sweepstakes. Sweepstakes Entities reserve the right, in their sole discretion, to cancel, modify or suspend the Sweepstakes (or any portion of the Sweepstakes) should a virus, bug, computer problem, unauthorized intervention, extenuating circumstance or other problem/cause corrupt or inhibit the administration, security or proper play of the Sweepstakes and, in such situation, will select winner(s) from eligible non-suspect Entries received prior to and/or after such action or in such manner as deemed fair and appropriate by the Sweepstakes Entities. Sweepstakes Entities may prohibit Entrant from participating in the Sweepstakes or winning a prize if, in its sole discretion, it determines Entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or any other unfair practices or intending to annoy, abuse, threaten or harass any other Entrants or Sweepstakes Entities. CAUTION: ANY ATTEMPT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE SWEEPSTAKES. SHOULD SUCH AN ATTEMPT BE MADE, SWEEPSTAKES ENTITIES RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW.
8. INDEMNITY: Winners shall indemnify, defend and hold harmless the Released Parties from and against any and all claims, damages, actions, liability, loss, injury or expense, including reasonable attorneys’ fees and costs, arising out of or in connection with: (a) any Winner’s participation in the Sweepstakes; (b) a breach, or allegation which if true would constitute a breach, of any Winner’s representations, warranties or obligations herein; and (c) acceptance, possession, grant, participation in, or use or misuse of any prize, including without limitation, personal injury, death and property damage arising therefrom.
9. DISPUTES: This Sweepstakes is governed by the laws of the United States and the State of Florida, without respect to any choice of law or conflict of law principles that would result in the application of any law other than that of Florida. As a condition of participating in this Sweepstakes, Entrants agree that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or in connection with this Sweepstakes, shall be resolved individually through binding arbitration, without resort to any form of class action, in accordance with the arbitration provision set forth below.
10. ARBITRATION PROVISION: By participating in this Sweepstakes, each Entrant agrees that (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) the entrant may have against Sponsor arising out of, relating to, or connected in any way with the Sweepstakes, the awarding or redemption of any prize and/or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held in Tampa, Florida; (4) the arbitrator’s decision shall be controlled by the terms and conditions of these Terms and Conditions and any of the other agreements referenced herein that the applicable participant may have entered into in connection with the Sweepstakes; (5) the arbitrator shall apply Florida law consistent with the FAA and applicable statutes of limitations, and shall honor claims of
privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only the entrant’s and/or Sponsor’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) the arbitrator shall not have the power to award punitive damages against the entrant or Sponsor; ; and (8) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither entrant nor Sponsor shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.
12. WINNER LIST/OFFICIAL RULES: To obtain a copy of the Winner List or a copy of these Official Rules, send your request along with a stamped, self-addressed envelope to “Creative Zing Promotion Group – ZOA Energy’s Black Adam Sweepstakes" Winner List/Rules, 2100 E. Robinson, Orlando, FL 32803. Requests for the names of the winners must be received no later than December 15, 2022. Vermont residents may omit return postage.
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