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Contest Rules

OFFICIAL RULES
OPEN TO RESIDENTS OF THE FIFTY UNITED STATES AND THE DISTRICT OF COLUMBIA ONLY. NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.  Sponsor’s computer is the official time-keeping device for this Promotion.

1. PROMOTION DETAILS:

Name of Promotion: Rowdy Energy® Content Creation Contest

Promotional Period: March 23, 2023 through May 9, 2023

 

2.  HOW TO ENTER: Please follow the instructions set forth below and in Section 1 above.  You must provide all required information in order to be eligible and selected to participate.  

To participate, entrants must visit https://rowdyenergy.com/pages/attention-content-creators (“Site”) and follow the below instructions:


Beginning 12:01 a.m. EDT, March 23, 2023, through 11:59 p.m. EDT, April 3, 2023, Entrants must submit the following (“Entrant Submissions’) to be considered for selection: 

  • Step 1: Share (submit) your content idea(s).
    • This can be executed in written form (word doc) or via mood board (ppt) with supporting images and communication.
    • Open to different POV for content, including featuring yourself with the product, featuring others/multiple people with the product, or product only.

Content ideas should showcase how you (or others) use/consume Rowdy Energy in daily life to sustain the hustle and fuel passions.  We want to see how you (or others) live life loud with Rowdy Energy.  Please feature usage within any of the following avenues: 

  • Fitness, gym-based, or athletic activities
    • Highlight Rowdy Energy pre, during, and/or post-workout.
    • Any activity that showcases drive/grit is on the table to feature.
  • Outdoor adventure – Bring us with you on:
    • A hike or camping excursion
    • A road trip (e.g., traveling to national parks or other tourist attractions)
    • A mountain biking trek or ski/snowboarding trip
    • An active beach day with friends (volleyball, spike ball, surfing, beach/sand football or frisbee, boat culture)
  • Nightlife - Gearing up for or as an accompaniment to a Rowdy night!
    • A night out/partying on the town
    • Going to see live music, at a concert or festival
    • House party / get-together, including making fun, creative cocktails with Rowdy Energy
  • Other energy need states
    • Working professionals who have to manage the competing demands of a multi-faceted lifestyle (commuting, career, parenting, social life).
    • Anyone with an early or late shift (e.g., working late night at a bar during a wild evening or early shift nurse facing a grueling day)
    • College student(s) balancing different activities, with work (or study) hard, play hard(er) lifestyle and mentality.

Entrant submissions (“Entrant Submissions”) shall conform to the Entrant Submission Requirements listed above. 

Upon selection of Entrants on or before April 10, 2023, Entrants must submit the following (“Content Submissions’) beginning 12:01 a.m. EDT, April 10, 2023, through 11:59 p.m. EDT, May 1, 2023, to be eligible to win:

Requirements for Contest Submissions: 

One (1) video and one (1) static image that MUST:

  • Demonstrate how entrant (or others) use/consume Rowdy Energy in daily life to sustain the hustle and fuel their passions.
  • Demonstrate sense of fun and how entrant (or others) live life loud with Rowdy Energy
  • Demonstrate entrant’s passion for the Rowdy Energy brand.
  • Be the Entrant’s original idea (modification of an original work is not an original idea).  
  • Not contain third parties who have not expressly authorized Entrant to display their image or likeness in any submitted application or otherwise use such images or likenesses in accordance with these Official Rules. 
  • Be uploaded in digital form.

 Content Submissions submitted or uploaded in connection with this Promotion may not contain, depict or show any content that (i) within the sole opinion of Sponsor, communicates messages or images inconsistent with the positive image and good will of Sponsor’s brand; (ii) violates any law; (iii) contains trademarks, logos, or trade dress  or copyrighted materials owned by others, without permission; and/or (iv) discloses the personally identifiable information, such as license plate numbers, last names (first names are permitted), e-mail addresses or street addresses for any person other than the Entrant.  If the Content Submission contains an identifiable person other than the Entrant who submitted the Content Submission, by submitting the Content Submission, the Entrant represents and warrants that he/she has obtained the consent of such person to the use of the Content Submission as outlined herein and such person may be required to provide written consent to the Promotion Entities’ use of the Content Submission.  By submitting a Content Submission, Entrant warrants and represents that his/her Content Submission is original, has not been previously published, submitted in any other competition or won any award, does not contain any material that would defame or otherwise violate or infringe upon the rights of any third party or competitor, including patents, copyrights, trademarks or rights of privacy or publicity, and will not violate any federal, state or local laws or ordinances.  Content Submissions that violate these Content Submission requirements and/or the terms of these Official Rules will be disqualified. Entries that are incomplete, illegible, corrupted, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Promotion at Sponsor’s sole and absolute discretion. In the event of a dispute as to any entry, the authorized account holder of the email address associated with the Submission Content will be deemed to be the Entrant.  The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address.    

The Sponsor reserves the right in its sole and unfettered discretion to disqualify any Content Submission that it believes is inappropriate or not suitable for publication, that does not comply with these Official Rules, or that is not consistent with the spirit or theme of the Promotion.

3.  WINNERS & PRIZING

Number of Winners and Date of Winner Selection: 
Grand Prize Winner: Subject to verification of eligibility, one (1) Entrant will be selected as Grand Prize Winner on or before May 9, 2023.

Premier Prize Winners: Subject to verification of eligibility, three (3) Entrants will be selected as Premier Prize Winners on or before May 9, 2023.

Prize Description and Value: 

Grand Prize: Grand Prize Winner will receive $1,200 cash plus 6-month supply of Rowdy Energy products.  Total value of Grand Prize is $1,632.

Premier Prize: Each Premier Prize Winner will receive $300 cash plus 3-month supply of Rowdy Energy Products. Total value of each Premier Prize is $516.

4.  SPONSOR: This promotion (“Promotion”) is sponsored Rowdy Beverage Inc, 10531 4S Commons Dr, Suite 166-559, San Diego, California, 92127, United States (“Sponsor”).  By entering the Promotion, you agree to the terms and conditions of these rules (“Official Rules”) and to the decisions of Sponsor with respect to this Promotion, which are final and binding on all matters.  Sponsor reserves the right to verify the eligibility of winners. 

5.  ELIGIBILITY: This Promotion is open only to legal residents of the fifty (50) United States and the District of Columbia who are eighteen (18) years of age, or the age of majority, whichever is older, at time of entry (“Entrant”) Limit one entry per person. Additional entries will be disqualified.  Normal time rates, if any, charged by Internet service provider will apply.  This promotion is not open to individuals with an APO or FPO military address.  Officers, directors and employees of Sponsor, and its parent, affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, promotion fulfillment, marketing and Internet agencies contracted by Sponsor and their immediate family members and/or those living in the same household of each are not eligible to win. All federal, state and local laws and regulations apply. Void where prohibited by law.   

6.   SELECTION OF PARTICIPANTS & WINNERS: During the Promotional Period, all eligible Content Submissions will be judged by the Sponsor, whose decisions are final and binding in all matters relating to the Contest. The Sponsor reserves the right to disqualify any entry that is deemed inappropriate or does not conform to stated contest rules.

During the Judging Phase, Contest Submissions will be judged, subject to verification, based on the following criteria (“Judging Criteria”):

  • Demonstrate how entrant (or others) use/consume Rowdy Energy in daily life to sustain the hustle and fuel their passions.
  • Demonstrate sense of fun and how entrant (or others) live life loud with Rowdy Energy
  • Demonstrate entrant’s passion for the Rowdy Energy brand.
  • Be the Entrant’s original idea (modification of an original work is not an original idea).  
  • Not contain third parties who have not expressly authorized Entrant to display their image or likeness in any submitted application or otherwise use such images or likenesses in accordance with these Official Rules.  

A list of winners can be obtained by emailing info@rowdyenergy.com at least two weeks after the winner selection date.  The potential winner(s) will be notified via email when the decision is made and must respond to the notification within seventy-two (72) hours.  The potential winner(s) must provide any proof of eligibility as required by Sponsor.  The potential winner(s) may also be required to complete an affidavit of eligibility and release of liability and, where permitted by law, publicity release within fourteen (14) days from the date of winner notification.  If the (i) winner notification is returned as non-deliverable, (ii) a potential winner fails to respond to the winner notification within the time required, (iii) a potential winner fails to sign any requested documents within fourteen (14) days, (iv) a potential winner fails to abide by these Official Rules, or (v) a potential winner is disqualified for any reason, the potential winner will be deemed to have forfeited the Prize, and an alternate potential winner may be selected based on the same Judging Criteria.  A maximum of two (2) alternate winners will be selected, after which any remaining prizes will remain unawarded.

ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION.  AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.  
   
7.  PRIZES:  Subject to eligibility verification, the number of prize winners (“Winners”) set forth in Section 3 above will each receive the prizes set forth in Section 3 above (“Prize”).  Winners will receive the Prize within 60 days of the Date of Winner Selection (set forth in Section 3 above) once their eligibility has been confirmed.  Approximate Retail Value of the Prize is based on suggested manufacturer retail price.  Limit one (1) Prize per person per email address.  Prizes cannot be substituted, assigned, transferred, or redeemed for cash.  Sponsor reserves the right to make size, flavor or prize substitutions based on product availability at any time during the time frame specified above.  Sponsor reserves the exclusive right to substitute any prize with another one of equal or greater value.  Sponsor will not replace any lost or stolen prizes.  Prizes cannot be used in conjunction with any other promotion or offer.  All federal, state and local taxes are the sole responsibility of the Winner.  Only the number of prizes stated in these Official Rules is available to be won in the Promotion.  If, by reason of a print or other error, more prizes are claimed than the number set forth in these Official Rules, an alternate winner will be selected in accordance with the winner selection method described above from among all eligible claimants making purportedly valid claims to award the advertised number of prizes available.

8.  GENERAL CONDITIONS:Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Promotion or in the announcement of the Prize.  Sponsor is not responsible for incomplete, lost, late, damaged, illegible or misdirected e-mail or for any technical problems, malfunctions of any telephone lines, computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmissions or any combination thereof.  Sponsor is not liable for damage to any computer system resulting from participation in or accessing or downloading information in connection with this Promotion.  If, for any reason this Promotion is not capable of being conducted as described in these Official Rules, Sponsor shall have the right, at its sole discretion, to cancel, terminate, modify or suspend the Promotion and select the prize winners from the eligible entries received prior to action taken, or as otherwise deemed fair and appropriate by Sponsor.  Sponsor reserves the right to terminate, suspend, withdraw or amend the Promotion for any reason.

CAUTION: ANY ATTEMPT BY AN ENTRANT TO damage the Sponsor or undermine the legitimate operations of the promotion is a violation of criminal and civil laws. Sponsor reserves the right, in its sole discretion, to disqualify any individual found tampering (or attempting to tamper) with the entry process, the websites, or the promotion. Any attempt by an entrant to deliberately damage the website or undermine the legitimate operation of the promotion is in violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek remedies and damages from any such entrant to the fullest extent permitted by law, including criminal prosecution. In case of dispute as to identity of entrant, entry will be declared made by the authorized account subscriber of the email account, who must comply with these official Rules.

9.     LIMITATIONS OF LIABILITY AND RELEASES:BY PARTICIPATING IN THIS PROMOTION, ENTRANT AGREES THAT SPONSOR,  AND ITS RESPECTIVE PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, REPRESENTATIVES, CONSULTANTS, CONTRACTORS, LEGAL COUNSEL, ADVERTISING, PUBLIC RELATIONS, PROMOTIONAL, FULFILLMENT AND MARKETING, WEBSITE PROVIDERS, WEB MASTERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS (THE “RELEASED PARTIES”) WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE, ENTRY, OR PARTICIPATION IN THIS PROMOTION OR IN ANY PROMOTIONAL RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY.  THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM.  BY PARTICIPATING IN THIS PROMOTION, ENTRANT AGREES THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF ANY WEBSITE ASSOCIATED WITH THIS PROMOTION OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SUCH SITE. 

WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS PROMOTION, INCLUDING THE WEBSITE AND ALL PRIZES, ARE 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.  SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY.  CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

10.    PUBLICITY RELEASE; INTELLECTUAL PROPERTY: EXCEPT WHERE PROHIBITED BY LAW, PARTICIPATION IN THE PROMOTION CONSTITUTES A GRANT TO SPONSOR, AND THE RELEASED PARTIES THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLD WIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING BUT NOT LIMITED TO THE WORLD WIDE WEB, AT ANY TIME OR TIMES, THE WINNER’S ENTRY, NAME, CONTENT SUBMISSION, PORTRAIT, PICTURE, VOICE, LIKENESS, OPINIONS AND BIOGRAPHICAL INFORMATION (INCLUDING BUT NOT LIMITED TO HOMETOWN AND STATE) FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME ON TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION.

BY SUBMITTING AN ENTRY, ENTRANT AGREES THAT SUCH ENTRY, COMMUNICATIONS OR SUBMISSIONS, CREATIVE SUGGESTIONS, IDEAS, NOTES, CONCEPTS OR OTHER MATERIALS (“SUBMISSIONS”) THAT ENTRANT MAY SUBMIT TO SPONSOR OR OTHERWISE POST IN CONNECTION WITH THIS PROMOTION, INCLUDING ALL RIGHTS EMBODIED THEREIN, WHETHER SENT VIA THE WEBSITE OR ELECTRONIC MAIL OR SOME OTHER MEANS, WITH THE EXCEPTION OF PERSONALLY IDENTIFIABLE INFORMATION AS IDENTIFIED IN SPONSOR’S PRIVACY POLICY AS LISTED BELOW, ARE DEEMED TO BE NON-CONFIDENTIAL AND NON-PROPRIETARY AND SPONSOR SHALL HAVE NO OBLIGATION OF ANY KIND WITH RESPECT TO SUCH SUBMISSIONS.  SPONSOR SHALL BE FREE TO EDIT, EXPLOIT, MODIFY, PUBLISH, REPRODUCE, USE, DISCLOSE, DISSEMINATE AND DISTRIBUTE THE SUBMISSIONS TO OTHERS WITHOUT LIMITATION IN ANY AND ALL MEDIA NOW KNOWN OR NOT CURRENTLY KNOWN, THROUGHOUT THE WORLD FOR ANY PURPOSE WITHOUT COMPENSATION, PERMISSION OR NOTIFICATION TO ENTRANT OR ANY THIRD-PARTY. ENTRANT HEREBY GRANTS SPONSOR A ROYALTY FREE, IRREVOCABLE, AND WORLD-WIDE LICENSE TO USE THE SUBMISSIONS IN ANY FORM OR FORMAT, AND TO MODIFY THE SAME, FOR A PERIOD OF TEN (10) YEARS, AND ACKNOWLEDGES AND AGREES THAT IF SPONSOR DOES USE THE SUBMISSIONS ENTRANT SHALL NOT BE ENTITLED TO ANY CREDIT, CONSIDERATION, NOTICE OR PAYMENTS OF ANY KIND.  IF ANY USE BY SPONSOR OF THE SUBMISSIONS CAUSES IT TO BE LIABLE TO ANY THIRD-PARTY, ENTRANT AGREES TO INDEMNIFY SPONSOR AND ITS AGENTS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, REPRESENTATIVE AND ALL RELATED PARTIES FROM AND AGAINST ANY AND ALL DAMAGES, COSTS, JUDGMENTS AND EXPENSES (INCLUDING REASONABLE ATTORNEY FEES) WHICH IT INCURS AS A RESULT OF ITS USE OF THE SUBMISSIONS.

By entering the contest, entrants agree that photos and videos submitted can be used by the Sponsor for all marketing and advertising purposes.

11.    GOVERNING LAW; JURISDICTION:This Promotion will be governed by and construed in accordance with the laws of the state of Delaware without regard to conflict of law principles.  Any controversy arising under, in connection with or in any way relating to this Promotion shall be adjudicated before a state or federal court of competent jurisdiction located in Delaware.  Entrant and Sponsor: (i) accept, generally and unconditionally, the exclusive jurisdiction of such court and any related appellate court, and irrevocably agree to be bound by any judgment rendered thereby in connection with this Promotion, and (ii) irrevocably waive any objection it may now or hereafter have as to the venue of any such suit, action or proceeding brought in such a court or that such court is an inconvenient forum.

12.    PRIVACY:Information provided under this Promotion is being provided to Sponsor. Information collected in connection with this promotion may be used by Sponsor and its authorized agents to administer the Promotion, award prizes, and for marketing purposes such as informing the registrant about products, services, promotions and offers.  Please see the Sponsor's privacy policy located at  https://rowdyenergy.com/policies/privacy-policy for details of our policy regarding the personal information collected in connection with this Promotion.

13.    NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF:Each Entrant understands and acknowledges that the Sponsor has wide access to ideas, designs, and other materials, and that new ideas are constantly being submitted to it or being developed by their own employees.  Each Entrant also acknowledges that many ideas may be competitive with, similar or identical to the Content Submission and/or each other in theme, idea, format or other respects.  Each Entrant acknowledges and agrees that such Entrant will not be entitled to any compensation as a result of Sponsor’s use of any such similar or identical material.  Each Entrant acknowledges and agrees that the Sponsor does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Content Submission.  Finally, each Entrant acknowledges that, with respect to any claim by Entrant relating to or arising out of Sponsor’s actual or alleged exploitation or use of any Content Submission or other material submitted in connection with the Promotion, the damage, if any, thereby caused to the applicable Entrant will not be irreparable or otherwise sufficient to entitle such Entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the Content Submission or any material based on or allegedly based on the Content Submission, and the Entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.

14. This promotion is in no way sponsored, endorsed or administered by, or associated with Facebook, Instagram, Twitter, Youtube, Pinterest, LinkedIn or Google. You understand that you are providing your information to the owner of this promotion and not to Facebook, Instagram, Twitter, Youtube, Pinterest, LinkedIn or Google.

Copyright ©2023 Rowdy Beverage, Inc. Any questions, comments or complaints should be directed to Sponsor.  Rowdy Energy® and other logos or trademarks listed herein are trademarks of Rowdy Beverage, Inc. All rights reserved.