Effective February 27, 2020
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.
1. Eligibility: The giveaway at issue (“Giveaway”) is open only to those who sign up at BangEnergyGiveaway.com and/or JackOwocGiveaway.com as stated in the giveaway guidelines and adhere to the following rules (“Rules”). Any participant (“Participant” or, as applicable, “You” or “Your”) of the Giveaway must be 18 years or older to enter at the time of entry. The Giveaway is open only to legal residents of the fifty (50) United States and the District of Columbia. Employees of Vital Pharmaceuticals, Inc., d/b/a Bang Energy (“BANG”), and its affiliates, subsidiaries, advertising and promotion agencies, and suppliers (collectively, “Affiliates”), and immediate family members and/or those living in the same household of Employees or Affiliates are not eligible to participate in the Giveaway. The Giveaway is subject to all applicable federal, state, and local laws and regulations, and is void outside the United States and the District of Columbia and where prohibited.
2. Agreement to Rules: By participating, You agree to be fully and unconditionally bound by the Rules, and You represent and warrant that You meet the eligibility requirements. In addition, You agree to accept the decisions of BANG as final and binding as it relates to the content of the Giveaway.
3. How to Enter: The Giveaway must be entered by submitting an entry using the online form provided at BangEnergyGiveaway.com and/or JackOwocGiveaway.com as well as following the rules listed on the applicable social media platform (Instagram, Twitter, LinkedIn). The entry must fulfill the Rules, as specified online or in this policy, to be eligible to win a prize. Entries that are incomplete or do not adhere to the Rules may be disqualified at the sole discretion of BANG. You may enter only once per Giveaway. You must provide the information requested. You may not enter more times than indicated by using multiple email addresses, identities, or devices to circumvent the Rules. If You use fraudulent methods or otherwise attempt to circumvent the Rules, Your submission may be removed from eligibility at the sole discretion of BANG.
4. Prizes: The specifics of the prize shall be solely determined by BANG. The prize is non-transferable. The payment of any and all prize-related expenses, including federal, state, and/or local taxes, shall be Your sole responsibility. No substitution of prize, transfer/assignment of prize to others, or request for the cash equivalent by You for non-cash prizes is permitted, except BANG retains the right to substitute a prize of equal or greater retail value. In addition to any other rights granted by You under the Rules, acceptance of the prize constitutes permission for BANG to use Your name, likeness, and entry for purposes of advertising and trade without Your further compensation, notice, review, or consent, unless prohibited by law.
For Cash Prizes. Winner will receive a check in the USD amount specified on the Giveaway rules listed on the applicable social media platform (Instagram, Twitter, LinkedIn). Winner is solely and fully responsible for any and all applicable federal, state, city, and local taxes (including income and withholding taxes) on the value of the Cash Prize, and if applicable, will be issued an IRS 1099-MISC tax form by BANG for the retail value of the Prize.
The Prize is awarded “As Is”. Neither BANG nor any of its Affiliates makes or offers any warranty or guarantee, either express or implied (including, without limitation, quality, merchantability and fitness for a particular purpose) in connection with this Giveaway or any Prize.
5. Odds: The odds of winning depend on the number of eligible entries received per Giveaway.
6. Winner Selection and Notification: Winners will be selected by a random drawing under the supervision of BANG. Winners will be notified by direct message on the applicable social media platform (Instagram, Twitter, LinkedIn). BANG shall have no liability for a Winner’s failure to receive notices due to spam, junk e-mail or other security settings or for a Winner’s provision of incorrect or otherwise non-functioning contact information. Receipt by a Winner of the prize offered in the Giveaway is conditioned upon compliance with any and all federal, state, and local laws and regulations. ANY VIOLATION OF THE RULES BY A WINNER WILL RESULT, AT BANG’S SOLE DISCRETION, IN A WINNER’S DISQUALIFICATION AS WINNER OF THE GIVEAWAY, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
7. Rights Granted by You: By providing any content (including photo, video, text, etc., collectively “Content”) to enter the Giveaway, You understand and agree that BANG and anyone acting on behalf of BANG and BANG’s licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the world, without limitation, Your entry, name, portrait, picture, voice, likeness, image, statements about the Giveaway, Content, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes without Your further compensation, notice, review, or consent. By providing Content as part of Your entry into the Giveaway, You represent and warrant that Your entry is an original work of authorship, and does not violate any third party’s proprietary or intellectual property rights. If Your entry infringes upon the intellectual property right of another, You will be disqualified at the sole discretion of BANG. If Your Content is claimed to infringe any proprietary or intellectual proprietary rights of any third party, You shall, at Your sole expense, defend against or settle such claims. You shall indemnify, defend, and hold harmless BANG from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which BANG may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.
8. Giveaway Integrity: BANG has the right, in its sole discretion, to maintain the integrity of the Giveaway, to void votes for any reason, including: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by the Rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Giveaway may be a violation of criminal and civil laws. Should such attempt be made, BANG reserves the right to seek damages to the fullest extent permitted by law. Additionally, BANG reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Giveaway should a computer virus or bug, non-authorized human intervention, fraud, or other cause beyond BANG’s control corrupt or affect the administration, security, fairness, or proper conduct of the Giveaway. In such case, BANG may select a winner from all eligible entries received prior to the occurrence of the cause referenced above. BANG reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Giveaway or website or violates the Rules.
9. Limitation of Liability: By entering the Giveaway, You agree to release and hold harmless BANG and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such entrant’s participation in the Giveaway and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Giveaway; or (v) electronic or human error in the administration of the Giveaway or the processing of entries.
10. Disputes: The Giveaway shall be governed by the laws of the State of Florida, without regard to its conflict of law provisions. As a condition of participating in the Giveaway, You agree that: any dispute arising from or related to the Giveaway or the Rules will be submitted to the exclusive jurisdiction of the state or federal courts sitting in Broward County, Florida; the parties irrevocably submit to the personal jurisdiction thereof; and the parties waive any claim or defense based on improper venue or forum non conveniens. Further, in any such dispute, under no circumstances shall You be permitted to obtain awards for, and hereby waive all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than Your actual, reasonable, and verifiable expenses associated with entering the Giveaway. You further waive all rights to have damages multiplied or increased.
12. Disclaimer: The Giveaway hosted by BANG is in no way sponsored, endorsed, administered by, or associated with Facebook, Instagram, or any other social media channels.
Vital Pharmaceuticals, Inc., doing business as VPX Sports, Bang Energy, and other tradenames (collectively, the “Company”), does not conduct any “car wrap” promotion and does not conduct any sweepstakes, giveaways, or other promotions (collectively, “Promotions”) outside of the Company’s official website, www.bangenergy.com, and following two official social media handles, @BangEnergy and @BangEnergy.CEO.
If someone contacts you regarding payment for using your vehicle as advertising for the Company, then this is a scam and is in no way affiliated with, or connected to, the Company. The U.S. Federal Trade Commission is aware of this ongoing “car wrap” scam and has details here (www.consumer.ftc.gov/blog/2016/08/how-spot-car-wrap-scam). If you receive any such car wrap communication, you may report it to the FBI here (www.ic3.gov). The Company cannot reimburse you for any losses that you may suffer or have suffered from this scam, and does not have any information about the perpetrators of this or any similar scam.
Likewise, if someone contacts you regarding any Promotions allegedly authorized by or affiliated with the Company, you should double-check the Company’s official website and official social media handles referenced above. You also should not provide any personal information or take any other step related to any alleged Promotions, unless, again, you first confirm that such promotion is authorized by the Company. The Company cannot reimburse you for any losses that you may suffer or have suffered from unauthorized Promotions, and does not have any information about the perpetrators of this or any similar scam.