#BangEnergy Sweepstakes: Bang Holiday Giveaway
NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. Open to legal residents of the forty-eight (48) contiguous U.S. states and the District of Columbia (excluding residents of Hawaii, Alaska, Puerto Rico, overseas military installations, and other U.S. territories), 18 years of age or older or the age of majority in his/her state of residence, whichever is older. Sweepstakes subject to Official Rules and additional restrictions on eligibility. One (1) winner will receive one (1) Grand Prize of a one-year supply of the Grand Prize winner’s preferred Bang® flavor, comprised of one case delivered each month (Estimated ARV of one year’s supply is $323.88). Odds of winning depend on number of eligible entries received. Prize restrictions apply. Sweepstakes begins at 12:01 AM Eastern Time (“ET”) on 12/1/2022 and ends at 11:59 PM ET on 12/31/2022. For complete details, including methods of sweepstakes entry, see Official Rules at www.bangenergy.com/bangholidaygiveaway. Sponsor and Administrator: Vital Pharmaceuticals, Inc. d/b/a Bang Energy, 1600 N Park Dr., Weston, FL 33326, United States.
BY SUBMITTING AN ENTRY TO THIS SWEEPSTAKES DURING THE SWEEPSTAKES ENTRY PERIOD, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. AMONG OTHER THINGS, THIS CONTRACT INCLUDES INDEMNITIES FROM YOU TO THE SWEEPSTAKES ENTITIES (DEFINED BELOW) AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ELIGIBLE ENTRIES RECEIVED. VOID OUTSIDE THE ELIGIBILITY AREA (DEFINED BELOW), AND WHERE PROHIBITED OR RESTRICTED BY LAW.
Vital Pharmaceuticals, Inc. d/b/a Bang Energy (“Bang Energy”) is offering the “BangEnergy Sweepstakes: Bang Holiday Giveaway” (the “Sweepstakes”). The Sweepstakes is subject to these official rules (the “Official Rules”), and by entering, entrant (“Entrant”, or “you”) agrees to be bound by them and the decisions of Bang Energy, which are final and binding in all respects.
ENTRY PERIOD: This Sweepstakes begins at 12:01 AM EST on 12/1/2022 and ends at 11:59 PM EST on 12/31/2022 (the “Entry Period”). Bang Energy’s computer is the official timekeeping device for entry in the Sweepstakes. All entries must be received by 11:59 PM EST on 12/31/2022.
1. Eligibility: The Sweepstakes is open to persons who are legal residents of, and physically located within, the forty-eight (48) contiguous states of the United States and the District of Columbia (excluding residents of Hawaii, Alaska, Puerto Rico, overseas military installations, and other U.S. territories) (the “Eligibility Area”) who are at least eighteen (18) years of age, or the age of majority in his/her state of residence, whichever is older, at time of entry. VOID OUTSIDE THE ELIGIBILITY AREA OR WHERE PROHIBITED OR RESTRICTED BY LAW. Employees, officers and representatives and members of the immediate families (i.e., parents, spouses, siblings, children, grandparents, step parents, step children and step siblings, and their respective spouses, and those living in the same household, whether or not related) of Bang Energy and its affiliated companies, parent companies, subsidiaries, participating promotional partners, retailers, distributors, advertising and promotion agencies, webmasters and any company involved in the creation, design, execution, production, or fulfillment of the Sweepstakes are not eligible. All entries submitted in compliance with these Official Rules and not disqualified or void are considered “Eligible Entries.” All entries are the property of Bang Energy.
2. How To Enter: To enter the Sweepstakes, please go to the website at www.bangenergy.com/bangholidaygiveaway and fill out the form. No purchase is necessary to enter the Sweepstakes. An Internet connection is required and connection fees may apply.
General Entry Terms and Conditions. There is a limit of one (1) entry per person per day during the Entry Period. For purposes of this Sweepstakes, a “day” begins at 12:01 a.m. US Eastern Time and ends at 11:59 p.m. US Eastern Time. Entries that are in excess of the stated limits, incomplete, illegible, corrupted, damaged, destroyed, forged, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Sweepstakes at Bang Energy’s sole and absolute discretion. Entries generated by a script, computer programs, macro, programmed, robotic or other automated means are void and may be disqualified. Subsequent attempts made by the same individual to submit multiple entries by using multiple or false contact information or otherwise may be disqualified. Bang Energy is not responsible for technical failures of any kind, including, but not limited to, the malfunctioning of any wireless network, telephone, computer, computer network, hardware or software or the unavailability or inaccessibility of any service. Bang Energy is not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant's handset to receive messages. Those who do not follow all of the instructions, provide the required information in their entry form, or abide by these Official Rules or other instructions of Bang Energy may be disqualified. All materials submitted become the property of Bang Energy and will not be returned. Illegible and/or incomplete entries and entries submitted by entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. Normal time rates, if any, charged by the Entrants’ Internet service or mobile provider will apply.
The odds of winning the Grand Prize depend on the total number of Eligible Entries received within the Entry Period.
3. Prize: One (1) “Grand Prize” is available to be won, comprising a one-year supply of the Grand Prize winner’s preferred Bang® flavor, comprised of one case delivered each month (Estimated ARV of one year’s supply is $323.88).
4. Winner Selection and Notification: On or about January 5, 2023, the potential “Winner” of the Grand Prize will be determined via a random drawing from all Eligible Entries received. Entrants are not required to be present for the drawing to win. The potential Winner will be notified within three (3) business days of the drawing by email (at the email address provided with the entry) and will be required to confirm his/her e-mail address where the Grand Prize will be delivered. A prize won by an Entrant will be awarded to the authorized account holder of the e-mail address or telephone number submitted with the entry regardless of the individual who submitted the winning entry. If a potential Winner cannot be reached after a reasonable effort has been exerted or fails to respond within three (3) days of the date of notification, the potential Winner forfeits the prize, and an alternate potential Winner will be randomly drawn from all remaining Eligible Entries. If the alternate potential Winner is unable to accept the prize, the prize is forfeited and another alternate potential Winner may be randomly drawn from all remaining Eligible Entries.
5. Prize Winner Verification: Within three (3) days of being notified of being a potential Winner of the Grand Prize, the Winner will be required to complete, sign, and return documentation required by Bang Energy — including a notarized Affidavit of Eligibility, release of liability, and a publicity release form (except where prohibited). Provided that a potential Winner is in compliance with the Official Rules and after having successfully proven eligibility and provided any documentation required by Bang Energy, the potential Winner will be determined to be a Winner. Bang Energy expressly reserves the right to delay the announcement of the Winner for any reason it deems necessary. In addition, Bang Energy reserves the right to select an alternate Winner in the event that any potential Winner fails to comply with these Official Rules.
If, for any reason, more bona fide winners come forward seeking to claim a prize in excess of the one (1) Grand Prize available as set forth in these Official Rules, the Winner of such Prize may be selected in a random drawing from among all persons making purportedly valid claims for such prize. Inclusion in such drawing shall be each Entrant’s sole and exclusive remedy under such circumstances. Bang Energy is not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected or unsuccessful efforts to notify the potential Winner.
BANG ENERGY MAY, AT ITS OPTION, CONDUCT A CRIMINAL BACKGROUND CHECK ON THE POTENTIAL WINNER. BANG ENERGY RESERVES THE RIGHT TO DISQUALIFY ANY POTENTIAL WINNER ON THE BASIS OF ANYTHING CONTAINED IN, LEARNED, OR OBTAINED AS A RESULT OF SUCH BACKGROUND CHECK. UNLESS PROHIBITED BY LAW, THE POTENTIAL WINNER WILL BE REQUIRED TO SIGN WAIVER FORMS AUTHORIZING THE RELEASE OF PERSONAL AND CRIMINAL BACKGROUND INFORMATION TO SPONSOR, AND TO COMPLETE A CRIMINAL BACKGROUND QUESTIONNAIRE TO REMAIN ELIGIBLE FOR THE SWEEPSTAKES.
6. Liability Release and Indemnity: By entering the Sweepstakes, Entrant agrees that Bang Energy and each of its parents, subsidiaries, affiliated companies, employees, officers, directors, shareholders, agents, retailers, distributors and representatives are indemnified, released and will be held harmless by Entrant from any and all liability, for any damages, injuries or losses of any kind to person(s), including death, or property, arising directly or indirectly from the acceptance, possession, misuse or use of a prize. Each prize is offered and provided “as is” with no warranty or guarantee by Bang Energy, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. By participating in the Sweepstakes, each Entrant acknowledges that Bang Energy has not and will not obtain or provide insurance of any kind relating to the prize.
Entrants agree to indemnify, defend, and hold harmless Bang Energy from any and all liability arising out of or relating in any way to Entrant’s participation in the Sweepstakes and to release all rights to bring any claim, action or proceeding against Bang Energy arising out of participation in the Sweepstakes, use of the Sweepstakes website(s), or receipt or use of any prize, including but not limited to: (a) unauthorized human intervention in the Sweepstakes; (b) technical errors related to computers, servers, providers, or telephone, or network lines; (c) printing errors; (d) lost, late, postage-due, misdirected or undeliverable mail; (e) errors in the administration of the Sweepstakes or the processing of entries; or (f) injury or damage to persons or property (including to any computer systems resulting from participation in or accessing or downloading information in connection with the Sweepstakes), which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Sweepstakes or receipt or use of any prize. Entrants assume all liability for an injury or damage caused, or claimed to be caused, by participation in this Sweepstakes, the use of any Sweepstakes website(s), or the acceptance, receipt, or use of any prize or prize component. Entrants further agree that in any cause of action, Bang Energy’s liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Sweepstakes Entities be liable for attorney’s fees.
Bang Energy assumes no responsibility for and will disqualify entries that are: stolen, late, lost, illegible, incomplete, invalid, unintelligible, altered, tampered with, unauthorized, fraudulent, damaged, destroyed, delayed, misdirected, not delivered, not received, or that have incorrect or inaccurate entry information, whether caused by any of the equipment or programming associated with or utilized in Sweepstakes, or by any human, mechanical or electronic error that may occur in the processing of the entries in Sweepstakes, or other errors appearing within the Official Rules or in any Sweepstakes related advertisements. Bang Energy assumes no responsibility for any typographical or other error in the printing of the offer, administration of Sweepstakes, errors in processing entries, identifying the Winner, in the announcement of the prizes and Winners, the delivery of the prizes, any problems or technical malfunction of any telephone network or lines, computer systems, online systems, servers or providers, computer equipment, software, failure of any e-mail or players on account of technical problems or traffic congestion on the Internet or on any website, or any combination thereof, including, without limitation, any injury or damage to Entrant’s or any other person’s computer system or software related to or resulting from participation in, uploading any materials or downloading any materials in the Sweepstakes. Use of any device to automate or subvert entry is prohibited and any entries received by such means will be void. Bang Energy reserves the right in its sole discretion to disqualify any person it suspects or finds: (i) to have tampered with the entry process or the operation of the Sweepstakes; (ii) to be acting in a disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person; (iii) to display behavior that will bring such Winner or the Sweepstakes Entities into disgrace (e.g., including but not limited to, a person committing acts of moral turpitude, and/or allegations or convictions of any crime); (iv) to have provided inaccurate information on any legal documents submitted in connection with the Sweepstakes; or (v) to be acting in violation of these Official Rules. ANY VIOLATION OF THESE OFFICIAL RULES BY A WINNER WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS A WINNER OF THE SWEEPSTAKES AND ALL PRIVILEGES AS A WINNER WILL BE IMMEDIATELY TERMINATED.
7. Prize Terms: Total ARV of all prizes offered in connection with the Sweepstakes will not exceed $323.88 U.S.D. The ARV is subject to change based upon current market conditions at the time of prize fulfillment. Any difference between the ARV and the actual value, if any, will not be awarded. Limit one (1) prize per household. All prize details not specified in these Official Rules will be determined in Bang Energy’s sole discretion. The date for fulfillment of the prize is anticipated to be on or about ninety (90) days after the closing of the period for acceptance of Sweepstakes entries, but all subject to change in Bang Energy’s sole discretion. If for any reason a prize is unavailable or any prize or related event is delayed, cancelled or postponed, or for any other reason, Bang Energy reserves the right to modify the Sweepstakes in its sole discretion and award a substitute prize, or portion of a prize, of comparable or greater value as set forth in these Official Rules. No substitution, transfer, assignment or cash equivalent of a prize, or any portion thereof, is permitted by a Winner. The Sweepstakes Entities shall have no responsibility or obligation to a Winner who is unable or unavailable to, or who does not for any reason, accept or utilize a prize. In the event a potential Winner cannot accept a prize, an alternate Winner will be randomly drawn from all remaining Eligible Entries. The prize is provided “as is”. Entrants acknowledge that the Sweepstakes Entities have neither made, nor are in any manner responsible or liable for, any warranty, representation or guarantee, express or implied, in fact or in law, relative to a prize, including any express warranties provided by any prize supplier that are sent along with a prize and any implied warranty of merchantability of fitness for a particular purpose. Any prize pictured in online, television and print advertising, promotional packaging and other Sweepstakes materials are for illustrative purposes only.
If the Grand Prize is unclaimed within a reasonable time after notification from Bang Energy, as determined by Bang Energy in its sole discretion, it will be forfeited and, time permitting, an alternate potential winner of the Grand Prize may be selected from the remaining eligible entries as determined by Bang Energy in its sole discretion.
All taxes and other expenses, costs, or fees associated with the acceptance and/or use of the Grand Prize are the responsibility of the winner. Likewise, the winner will be solely responsible for all applicable tax liabilities (including federal, state, local and/or income taxes) arising from the Grand Prize.
All details of the Grand Prize not specified herein shall be determined solely by Bang Energy.
The value of a prize will be taxable to the Winner as income. All U.S. federal, state and local tax liability, and any other costs and expenses associated with acceptance or use of a prize not specifically provided for in these Official Rules are solely the Winner’s responsibility.
BANG ENERGY SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM OR ARISING OUT OF OR RELATED TO THE PRIZE OR ANY ACTIVITY RELATED TO THE PRIZE OR ANY OTHER ASPECT OF WINNER’S ACCEPTANCE OR USE OF THE PRIZE.
8. Grant of Rights. By entering, Entrant irrevocably consents to the use of his or her name, image, photograph, likeness, biographical information, and any video footage related to the prize, for Bang Energy’s advertising, promotional or other commercial purposes in all media now or hereafter known, worldwide and in perpetuity without additional compensation, unless prohibited by law.
9. General Terms. By entering the Sweepstakes, Entrants: (a) agree to be bound by these Official Rules and by the interpretation of these Official Rules by Bang Energy and by the decisions of Bang Energy, which are final and binding in all respects; (b) acknowledge compliance with these Official Rules; (c) agree to comply with any and all applicable federal, state and local laws, rules and regulations; and (d) agree to release and hold harmless Bang Energy from and against any claims, injury or damages arising out of or relating to participation in the Sweepstakes and/or the use, misuse or redemption of a prize, and for any claim including claims based upon defamation, publicity rights, invasion of privacy, copyright infringement, trademark infringement, or any other intellectual property-related cause of action arising from or related to the Sweepstakes, the prize, or Bang Energy’s advertising and marketing related to the Sweepstakes, Entrants or the Winner. Winning a prize is contingent upon fulfilling all requirements set forth herein.
The Sweepstakes Entities are not responsible if the Sweepstakes cannot take place or is delayed, or if any prize cannot be awarded due to delays, interruptions or failures due to acts of God, war, natural disasters, coronavirus (COVID-19) pandemic, other epidemics or medical emergencies, government mandated lockdowns, weather, acts or threats of terrorism, strikes, lockouts, labor disputes, work stoppages, fire, acts of government, other force majeure events or other events outside of the reasonable control of the Sweepstakes Entities. If, for any reason, the Sweepstakes is not capable of running as planned, including, without limitation, coronavirus (COVID-19) pandemic, other epidemics or medical emergencies, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the reasonable control of the Sweepstakes Entities, which, in Bang Energy’s sole determination, corrupts or affects the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Bang Energy reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend the Sweepstakes or any part of the Sweepstakes. If the Sweepstakes or any part of the Sweepstakes is terminated or modified prior to the closing date of the Sweepstakes, notice will be posted on www.bangenergy.com/bangholidaygiveaway if time permits and the prize will be awarded to a potential Winner to be selected in a random drawing from among all of the remaining uncorrupted Eligible Entries received prior to any such event outside of the reasonable control of Bang Energy. Bang Energy reserves the right to modify and replace or amend these Official Rules from time to time during the Sweepstakes or thereafter including to modify and amend the Entry Period and/or the manner, timing and number of draw of lots.
The Sponsor and the Administrator will not be responsible or liable for failure to receive entries due to transmission failures or technical failures of any kind, including without limitation, electronic malfunction of any network, hardware or software. Proof of submission does not constitute proof of entry. The Sponsor and the Administrator reserve the right in their sole discretion to cancel or suspend the Sweepstakes should viruses, bugs or other causes beyond its control corrupt the administration, security or proper play of the Sweepstakes. In the event of cancellation of any Sweepstakes, the prize (or a portion thereof, as determined by Bang Energy in its sole discretion) will be awarded in a random drawing from eligible entries received prior to cancellation.
ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAW AND SHOULD SUCH AN ATTEMPT BE MADE, BANG ENERGY RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
11. Governing Law: All federal, state and local laws and regulations apply. Void where prohibited by law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and Bang Energy in connection with the Sweepstakes, shall be governed by, and construed in accordance with, Florida law without giving effect to any choice of law or conflict of laws rules (whether of Florida or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than Florida.
12. Request for Names of Winners and Official Rules: All requests for a copy of the Official Rules and for the name of the Winners must be made by January 19, 2023. For the name of the Winner and/or Official Rules: (i) send a self-addressed, stamped envelope postmarked to “BangEnergy Sweepstakes: Bang Holiday Giveaway”, Attn: Marketing Department, Vital Pharmaceuticals, Inc., 1600 N Park Dr., Weston, FL 33326; and (ii) write “Winners Name” and/or “Official Rules” on the lower left-hand corner of the envelope.
13. Sponsored by: This Sweepstakes is sponsored by Vital Pharmaceuticals, Inc. d/b/a Bang Energy 1600 N Park Dr., Weston, FL 33326, United States.
14. Administered by: This Sweepstakes is administered by Vital Pharmaceuticals, Inc. d/b/a Bang Energy, 1600 N Park Dr., Weston, FL 33326, United States.
NOTE: Entrant understands that he or she is providing information to Bang Energy. If an Entrant opts-in, the information provided will only be used for sending Entrants company updates and announcements from Bang Energy about their companies and their products.