Sweepstakes

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

1. Eligibility

Taste of the Tropics National Sweepstakes (the “Sweepstakes”) 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 older at the time of entry. Employees of Living Essentials, LLC (“Sponsor”), The Reward Company, Inc. and their respective parents, subsidiaries, divisions, affiliates, and advertising or promotional agencies or individuals involved with the design, production, execution or distribution of the Sweepstakes and the immediate family and household members of such individuals, are not eligible to enter or win. “Immediate family members” shall mean parents, stepparents, children, stepchildren, siblings, stepsiblings, or spouses, regardless of where they live. “Household members” shall mean people who share the same residence at least three months a year, whether related or not. In order to enter the Sweepstakes or receive a prize, you must fully comply with the Official Rules. By entering, you represent and warrant that you agree to be bound by these Official Rules and the decisions of the Sponsor whose decisions shall be binding and final in all respects relating to this Sweepstakes. Void where prohibited.

2. Sponsor and Administrator

Sponsor: Living Essentials, LLC, 38955 Hills Tech Dr., Farmington Hills, MI 48331.

Administrator: The Reward Company, Inc., 60 Hudson Street, New York, NY 10013.

3. Timing

The Sweepstakes begins on January 1, 2020 at 12:00:01 AM Eastern Standard Time (“EST”) and ends on July 31, 2020 at 11:59:59 PM Eastern Daylight Time (“EDT”) (the “Entry Period”). Administrator’s computer is the official time-keeping device for the Sweepstakes. The Sweepstakes is governed by these Official Rules and is subject to all applicable federal, state, and local laws.

4. How to Enter

During the Entry Period go to www.5hewin.com to enter the “Taste of the Tropics National Sweepstakes.” You can register by completing the online entry form by providing your name, email address, phone numbers, and date of birth. You must also agree to these Official Rules. After you register you will be able to vote for your favorite Extra Strength 5-hour ENERGY® shot flavor. Once you register and vote you will automatically receive one (1) entry in the Sweepstakes. Then you have the chance to play the Tropical Power Match Game (the “Game”) where you can earn additional entries. You will have 30 seconds to play the Game. For every match during the 30 second Game you will receive one additional entry. You may only play the Game once per day to receive additional entries during the Entry Period. After you register you will receive an email which will contain a link that you can click on and play the Game every day to earn additional entries.

Multiple entrants are not permitted to share the same email address. Use of any automated system to enter is prohibited and will result in disqualification and all associated entries will be void. Released Parties (as defined below) are not responsible for lost, late, delayed, misdirected, inaccurate, incomplete, invalid, unintelligible or misdirected Sweepstakes entries or postage-due or stolen entries or mail; all of which will be ineligible to win a prize. In the event of a dispute as to any entrant, the authorized account holder of the email address used to enter will be deemed to be the entrant and he/she must comply with these Official Rules. 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. Potential winner may be required to show proof of being the authorized account holder to be awarded the prize.

5. Winner Determination and Odds

On or about August 10, 2020, Administrator will select one (1) entry for the grand prize described below in a random drawing of all eligible entries received. The potential winner will be contacted using the phone number and/or email address provided with the entry on or about two (2) days after the drawing date. Grand prize award is subject to verification of eligibility and compliance with the terms of these Official Rules. Failure by the potential winner to respond to the initial verification within three (3) days of notification will result in disqualification and Administrator may, in its sole discretion and time-permitting select an alternate potential winner in the same manner. Odds of winning the Sweepstakes grand prize depend on the number of eligible entries received during the Entry Period.

6. Otential Sweepstakes Grand Prize Winner Is Subject to Verification by Sponsor And/Or Administrator. Sponsor and Administrator’s Decisions Are Final and Binding in All Matters Related to the Administration, Operation, Selection of the Winner and Other Matters Related to the Sweepstakes.

7. Verification of Potential Winner

Potential winner will be required to complete and return an Affidavit of Eligibility, Release of Liability and Publicity Release (where permitted by law) (collectively, the “Affidavit”) for Sponsor to use if it wishes to promote the winner in connection with the Sweepstakes by the date specified by Administrator, or an alternate potential winner may be selected. In the event: (a) the potential winner cannot be reached for whatever reason after a reasonable effort has been exerted or the potential winner notification or Affidavit is returned as undeliverable; (b) the potential winner declines or cannot accept, receive or use the prize for any reason; (c) of noncompliance with the above or within any of the aforesaid time periods, (d) the potential winner is found to be ineligible to enter the Sweepstakes or receive the prize, (e) the potential winner cannot or does not comply with the Official Rules, or (f) the potential winner fails to fulfill the Affidavit-related obligations, the potential winner shall be disqualified from the Sweepstakes and an alternate potential winner may be selected, at Administrator’s sole discretion, from among the remaining eligible entries received in accordance with the winner determination mechanism outlined above. Administrator reserves the right to modify the notification and Affidavit procedures in connection with the selection of alternate potential winner, if any. If the potential winner provides a photo and statement to Sponsor for its use in promoting the winner in connection with the Sweepstakes, winner represents and warrants that he/she owns all rights necessary (including, without limitation, from the photographer) to grant to Sponsor the right to use the photo and statement in any manner, in any and all media now or hereafter developed (including, but not limited it, on Sponsor’s websites and social media accounts), in connection with advertising and promoting the Sweepstakes, worldwide in perpetuity, without further compensation, notification or permission from winner or any third party.

8. Grand Prize

One (1) grand prize will be awarded. Grand prize winner will receive a 4-day / 3-night trip for winner and up to three (3) guests to the Caribbean. Trip includes the following for the Grand Prize winner and guests:

Sponsor in its sole discretion will determine which Caribbean Island and which hotel will be selected for the trip. Grand Prize winner can choose dates for travel, but travel must be completed August 31, 2021. If winner is unable to travel in this timeframe, the prize will be forfeited, and no other compensation will be provided. All travel dates subject to availability and blackout as determined by Sponsor in its sole discretion.

All expenses and incidental travel costs not expressly stated in the package description, including but not limited to, ground transportation, baggage fees, personal charges at lodging, security fees, taxes or other expenses or incidentals are the responsibility solely of Grand Prize winner. Grand Prize winner must comply with all hotel check-in requirements, including but not limited to providing a major credit card for incidental expenses. Travel companion(s) must be 18 years of age or older as of the date of departure or be accompanied by their parent or legal guardian who is the Grand Prize winner or another travel companion. All travel companions must travel on same itinerary and at the same time as the Grand Prize winner. Travel companion will be required to sign a release before accompanying the Grand Prize winner on the trip. Sponsor will determine airline and flight itinerary in its sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel is subject to the terms and conditions set forth in this Sweepstakes, and those set forth by the Sponsor’s airline carrier of choice as detailed in the passenger ticket contract. Grand Prize winner and travel companion are solely responsible for obtaining documents necessary for travel (valid Passport). Sponsor will not obtain insurance on behalf of the Grand Prize winner and travel companion, and Grand Prize winner and travel companion are fully responsible for obtaining their own insurance, if desired. Travel restrictions, conditions and limitations may apply. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. Sponsor is not responsible if any event is delayed, postponed or cancelled for any reason, in which event that portion of prize is forfeited in its entirety and no substitution will be provided except as in Sponsor’s sole discretion. Sponsor in its sole discretion, reserves the right to deny entry to or to remove the Grand Prize winner and/or guests if either engages in disruptive behavior or in a manner with intent to annoy, abuse, threaten or harass any other person during the trip. Total approximate retail value of Grand Prize is $8,000. The actual value of the Grand Prize may vary depending upon the location of the Grand Prize winner’s legal residence, fares and costs at the time of travel booking, and the value of services rendered and products provided at the time of the event. Any difference between the actual value and approximate retail value will not be awarded.

Sponsor reserves the right to substitute the listed prize (or portion thereof) for one of comparable or greater value for any reason. Grand Prize is provided “as is” with no warranty or guarantee by Sponsor. Grand Prize winner is responsible for all taxes and fees associated with prize receipt and/or use. All federal, state, and local tax liabilities, as well as any other costs and expenses not specified herein as being awarded are the sole responsibility of the Grand Prize winner. Grand Prize winner may be required to complete and return an IRS W-9 form (i.e. Request for Taxpayer Identification Number and Certification). Grand Prize will be awarded only if the potential Grand Prize winner fully complies with these Official Rules.

9. Publicity Release

Except where prohibited or restricted by law, winner’s acceptance of a prize constitutes the winner’s agreement and consent for Sponsor and any of its designees to use and/or publish winner’s full name, city and state of residence, photographs or other likenesses, pictures, portraits, video, voice, testimonials, biographical information (in whole or in part), travel destination and/or statements made by winner regarding the Sweepstakes or Sponsor, worldwide and in perpetuity for any and all purposes, including, but not limited to, advertising, trade and/or promotion on behalf of Sponsor, in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, social media, electronic, cable, or World Wide Web, without further limitation, restriction, compensation, notice, review, or approval.

10. General Conditions

Released Parties shall not have any obligation or responsibility, including any responsibility to award the prize to entrant, with regard to: (a) entries that contain inaccurate information or do not comply with or violate the Official Rules; (b) entries, prize claims or notifications that are lost, late, incomplete, illegible, unintelligible, damaged or otherwise not received by the intended recipient, in whole or in part, due to computer, human or technical error of any kind; (c) entrants who have committed fraud or deception in entering or participating in the Sweepstakes or claiming the prize; (d) telephone, electronic, hardware, software, network, Internet or computer malfunctions, failures or difficulties; (e) any inability of a prize winner to accept the prize for any reason; (f) if a prize cannot be awarded due to delays or interruptions due to Acts of God, natural disasters, terrorism, weather or any other similar event beyond Sponsor’s or Administrator’s reasonable control; or (g) any damages, injuries or losses of any kind caused by the prize or resulting from awarding, acceptance, possession, use, misuse, loss or misdirection of the prize (including the use of any product provided as part of the prize) or resulting from participating in this Sweepstakes or any promotion or prize related activities.

Released Parties are not responsible for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the processing of entries, the announcement of the prize or in any Sweepstakes-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the sweepstakes. Released Parties are not responsible for injury or damage to participants’ or to any other person’s computer related to or resulting from participating in this sweepstakes or downloading materials from or use of the website. Administrator reserves the right, in its sole discretion, to disqualify any individual it finds to be (a) tampering with the entry process or the operation of the Sweepstakes, or with any Website promoting the Sweepstakes; (b) acting in violation of the Official Rules; or (c) entering or attempting to enter the Sweepstakes multiple times through the use of multiple email addresses, or the use of any robotic or automated devices to submit entries. If Administrator determines, in its sole discretion, that technical difficulties or unforeseen events compromise the integrity or viability of the Sweepstakes, Administrator reserves the right, to void the entries at issue, and/or terminate the relevant portion of the Sweepstakes, including the entire Sweepstakes promotion, and/or modify the Sweepstakes and/or award the prize from all eligible entries received as of the termination date or as otherwise deemed fair and appropriate by Sponsor.

11. Release of Liability; Disclaimer of Warranty; Forum Selection Clause

By participating in the Sweepstakes, entrants and winner agree to release and hold harmless Sponsor, Administrator, Agency 5, LLC and their respective parents, subsidiaries, affiliates, divisions, partners, representatives, agents, successors, assigns, employees, officers and directors (collectively, the “Released Parties”), from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever, including without limitation, property damage, personal injury (including emotional distress), and/or death, which may occur in connection with preparation for, or participation in, the Sweepstakes, or possession, acceptance and/or use or misuse of the prize (including any travel or activity related thereto) or participation in any Sweepstakes-related or prize-related activity and for any claims or causes of action based on publicity rights, defamation or invasion of privacy and merchandise delivery. The Released Parties assume no responsibility for any injury or damage to entrants or to any other person’s computer or other device, regardless of how caused, relating to or resulting from entering or downloading materials or software in connection with this Sweepstakes. Entrants and winner acknowledge that Sponsor has neither made nor is in any manner responsible or liable for any warranty, representations or guarantees, express or implied, in fact or in law, relative to any prize or any component thereof, including, but not limited to, express warranties provided by the supplier of a prize (or any component thereof) or their affiliates. Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant or Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York. In addition, any dispute relating to the Sweepstakes (including these Official Rules) shall be brought in the appropriate state or federal court having jurisdiction over the subject matter located in New York County, State of New York. Entrants hereby irrevocably consent to the personal jurisdiction of said courts and waive any claim of forum non-conveniens or lack of personal jurisdiction that they may have.

12. Entrant’s Personal Information

Information collected from entrants is subject to the Sponsor’s Privacy Policy which is available at

https://5hourenergy.com/privacy-policy/.

13. Winners List

For Sweepstakes results, send an email with the subject line of “Winners List – Taste of the Tropics National Sweepstakes” to 5hewin@tlcrewards.com. Requests for the Winner’s List must be received within 2 months of the end of the Entry Period.