GATE Stores & CELSIUS Echelon Exercise Bike Social Media Sweepstakes Official Rules
NO PURCHASE OR PAYMENT OF MONEY IS NECESSARY TO ENTER OR WIN THE SWEEPSTAKES. A PURCHASE OR PAYMENT OF MONEY WILL NOT IMPROVE THE CHANCES OF WINNING.
GATE Stores Sweepstakes (the “Sweepstakes”) are intended for legal residents of Florida, Georgia, North Carolina and South Carolina only (collectively; “Participating States”) and shall only be construed and evaluated according to U.S. law and laws of the State of Florida. Do not enter these Sweepstakes if you are not a legal resident in one of the Participating States at the time of entry.
The “GATE Stores and Celsius Echelon Exercise Bike Social Media Sweepstakes” (“Sweepstakes”) begins at 9:00:00 am Eastern Daylight Time (EDT) on April 20, 2022 and ends at 9:00:00 pm EDT on April 29, 2022 (the “Promotion Period”). The GATE Petroleum Company (“GATE Petroleum”) database server is the official time keeping device for this sweepstakes..
SPONSOR/Administrator: The Sweepstakes is sponsored and administered by (1) GATE Petroleum Company, 9540 San Jose Boulevard, Jacksonville, Florida 32257 and (2) CELSIUS Holdings, Inc., 2424 North Federal Highway, Boca Raton, FL 33431. (the “Sponsors”)
Eligibility: The Sweepstakes is open and offered only to legal U.S. citizens that are residents of one of the Participating States who are eighteen (18) years of age or older at the time of entry (the “Entrants”). Employees, officers, directors of Sponsors, Echelon Fitness Multimedia LLC, and any of their respective parent companies, affiliates, franchisees, licensees, distributors, suppliers, subsidiaries, retailers, advertising/promotion agencies (collectively, “Released Parties”), and members of the immediate family (mother, father, brothers, sisters, sons, daughters and spouse, regardless of where they reside) and household members of each such employee, whether or not related, are not eligible to participate. Void outside of the Participating States, and where prohibited or restricted by law. Sponsors reserve the right, at any time, to verify eligibility requirements, in any manner they deem appropriate.
Promotion Period: Sweepstakes begins once posted on social media channels (the “Sweepstakes Post,” which may include Facebook, Instagram and/or Twitter) of GATE retail stores owned and operated by GATE Petroleum Company and ends on April 29, 2022 at 9:00:00 EDT. Sponsor’s (GATE) computer is the official time keeping device for the Sweepstakes.
How to Participate: During the Sweepstakes Period, followers must meet all of the Eligibility Requirements of these Official Rules and any additional requirements as described in the Sweepstakes Post.
The Sweepstakes will be entirely on social media. If participating via a mobile phone or other web-enabled device and using your wireless carrier’s network, standard data charges from your wireless carrier may apply. Sweepstakes are in no way sponsored, endorsed or administered by, or associated with Facebook, Instagram, or Twitter.
Each participant must submit an Entry on his/her own behalf. Any Entry submitted (a) on behalf of another individual, (b) using another person’s name, Instagram account, or (c) with any false information, including misrepresentation of age, will be disqualified. Any attempt by any participant to obtain more Entries by any means, including use of multiple/different social media handles, identities, or other method will void all of participant’s Entries. Use of any automated system (including but not limited to third-party sweepstakes/contest entry services) to participate is prohibited and will result in disqualification and all such entries will be deemed void.
All Entries in the Sweepstakes become the sole property of Sponsors. Each Entrant agrees that their Entry may be viewed by the public. However, the fact that an Entry is viewable by the public does not constitute any representation as to Sweepstakes eligibility or notification of selection as a prize winner in the Sweepstakes. Sponsor reserves the right to remove an Entry at any time for any reason.
Any individuals identifiable or referenced in an Entry may be required to provide Entrant with express consent and permission for their name, identity and/or image to be included in the Entry, and such Entrant is solely responsible for obtaining all authorizations or approvals. The individual who submitted the Entry by either method of entry shall be designated as the official Entrant in the Sweepstakes, regardless of any other individuals included in the Entry and shall be the only individual eligible for any resulting prize awarded.
By participating and submitting an Entry, Entrant agrees that Sponsors and Released Parties are authorized to contact Entrant via email, mail, phone or any other form of media to make Entrant aware of information pertinent to the Sweepstakes, and to distribute information regarding Sponsor’s featured products, discounts, special events or promotional offers (“Marketing Communications”). Entrants may opt-out of any further Marketing Communications at any time by simply replying REMOVE to any email message or following the provided opt-out instructions. Any opportunities to opt-in to receive Marketing Communications are not required to enter the Sweepstakes and checking any opt-in boxes will not improve your chances of winning.
In the event of a dispute as to any Entry or submission, the authorized account holder of the Instagram account used to enter the Sweepstakes will be deemed to be the Entrant and s/he must be eligible according to these Official Rules in order to receive a prize. The “authorized account holder” is the natural person assigned to the Instagram account (as assigned by Instagram, as the case may be) of the account name used to post the Entry submission. Proof of being the authorized account holder may be required.
Prize Award Procedures: At the conclusion of the Promotion Period, a random drawing shall be conducted by the Administrator to select one (1) potential prize winner (the “Potential Winner”) from among all eligible Entries received. The Potential Winner will be notified initially by direct message to the Potential Winner’s Instagram account used to Enter. Sponsor and Administrator each expressly disclaim any and all liability in conjunction with inability to contact a Potential Winner due to the configuration of his/her Instagram privacy settings.
The Administrator has sole discretion of the randomization utilized to pick a Potential Winner. If the Administrator is unsuccessful in its attempt to reach and confirm a Potential Winner via direct message within seven (7) calendar days of the initial notification attempt to the Instagram account associated with that Entrant’s Entry, then that Entrant may be disqualified and an alternate Potential Winner may be selected from among the remaining eligible Entries and notified following the procedures outlined above Note: phone messages will not be left during the prize winner notification process, to the extent applicable.
During prize winner notification, a Potential Winner must confirm his/her eligibility, and indicate a willingness and ability to accept the designated prize award. Potential Winner may then receive official notification via email delivery. If a Potential Winner does not meet the eligibility requirements, or elects to decline the prize, s/he will be disqualified and, at Sponsor’s discretion, an alternate Potential Winner will be selected from among all remaining Entries received as set forth above and notified per the procedures outlined above. Any disqualified Entrant will not receive any alternate prize substitution or compensation of any kind. Decisions of the Sponsor/Administrator in the selection and determination of prize winner and all matters relating to this Sweepstakes are final and binding.
All of the following will apply to the Potential Winner (the “Winner”): 1) Winner may be required to complete and return, within 5 business days of date of receipt, a prize acceptance form, a W-9 form (if prize value equals/exceeds $600), an affidavit of eligibility, and a liability/publicity release (where permitted); 2) Winner may be required to present a copy of a valid social security card and a valid driver’s license (or other valid government issued photo ID) as a condition of participating or receiving a prize; 3) Winner will be issued an IRS Form 1099 reflecting the actual value of prizes won if a prize award value equals or exceeds $600; and 4) Winner will be responsible for paying all applicable taxes (including, but not limited to all local, state and federal taxes) on any prize awarded. Failure to collect or properly claim a prize in accordance with these Official Rules will result in forfeiture of the prize. If forfeited for any reason, Winner will not receive any other prize substitution or compensation of any kind, and the prize will remain the property of Sponsor and will not be awarded, except as provided herein. Prize is nontransferable. No cash redemptions or substitutions permitted.
Grand Prize Award: Maximum of one (1) Grand Prize Award available: The Entrant who is confirmed as the Winner will be eligible to receive the Grand Prize. The Grand Prize is: one (1) Echelon Connect Bike EX-5s with a free 60-day membership trial with an MSRP of $2,079.99.
All prizes are awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied (including, without limitation any implied warranty of merchantability or fitness for a particular purpose). Assembly and any memberships beyond the free 60-day membership trial are not included as part of this Prize and are the responsibility of winners. All prizes requiring delivery (“Shipped Prize(s)”) will be shipped to each Entrant who is a confirmed winner at the address listed from their on-line registration. All Shipped Prizes will be delivered by U.S. Postal Service or common carrier of Administrators choosing, and Shipped Prizes will be deemed delivered to the winner once a Shipped Prize is delivered by Administrator to the U.S. Postal Service or other common carrier of Administrator’s choosing. Sponsor and Administrator will not be responsible or liable for a late, delayed, lost, stolen, undeliverable or damaged Shipped Prizes once delivered to the U.S. Postal Service or other common carrier, for any loss or damages relating to delivery, use, or misuse of a Shipped Prize, or for any Entrant who incorrectly entered their actual address during the registration process. Please allow 8-10 weeks for delivery of first Shipped Prizes.
General Conditions: By participating, Entrants agree (a) to release, indemnify and hold harmless Sponsor and each of the respective affiliates, subsidiaries, advertising and promotion agencies, Facebook, Inc., and all of their respective officers, directors, employees, representatives and agents 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 or his/her participation in the Sweepstakes or any Sweepstakes-related activity, or from the Sponsor’s use of any entry submitted (including but not limited to claims that Sponsor’s use of the entry violates the rights of any person featured in the entry); and (b) to grant (and to confirm such grant in writing promptly upon request) to its affiliates and those acting under authority the right to the use of his/her name, photograph, likeness, voice, image, statements and biographical information at any time or times for advertising, trade, publicity and promotional purposes in any media now known or hereafter discovered, worldwide and on the World Wide Web, without review, notification, approval or additional compensation, unless prohibited by law. All taxes on prizes, if any, are solely the responsibility of the winners.
All federal, state, and local laws and regulations apply. By participating, Entrants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, Entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be resolved individually, without resort to any form of class action, and will be governed by, and construed in accordance with, the internal laws of the State of Florida, without giving effect to any choice of law or conflict of law rules that may cause the application of laws of another jurisdiction. By entering, Entrants consent to the jurisdiction and venue of the federal, state and local courts in Jacksonville, Duval County, FL.
Limitations of Liability: Neither Sponsor nor their respective agencies are responsible for lost, interrupted or unavailable satellite, network, server, Internet Service Provider (ISP), website or other connections availability, accessibility or traffic congestion, or miscommunications, or failed computer, network, telephone, satellite, or cable hardware, software or lines, or technical failure, or jumbled, scrambled, delayed, or misdirected transmissions, or computer hardware or software malfunctions, failures or difficulties, or other errors of any kind whether human, mechanical, electronic or network, or the incorrect or inaccurate capture of entry or other information or the failure to capture, or loss of, any such information. Neither the Sponsor nor their respective agencies are responsible for any incorrect or inaccurate information, whether caused by website users, or by any equipment or programming associated with or utilized in the Sweepstakes and assume no responsibility for any error, omission, interruption, deletion, defect or delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or tampering with or hacking of website. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds may be tampering with the entry process or operation of the Sweepstakes or website, may be acting in violation of the terms of the website or these Official Rules or may be acting in a non-sportsmanlike or disruptive manner, or with intent to threaten, abuse or harass any other person. Neither Sponsor nor its agencies are responsible for injury or damage to Entrant’s or any other person’s computer related to or resulting from participating in the Sweepstakes or downloading or copying materials from or use of website. If, for any reason, the Sweepstakes is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, hacking, unauthorized intervention, fraud, technical failures or any other causes which, in sole opinion of the Sponsor, corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, or if due to any technical, production or other error, more prizes are claimed or awarded than are described in these Official Rules, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes, and randomly select winner from entries received prior to action taken, or as otherwise deemed fair and equitable by Sponsor. No more than the number of prizes stated in these Official Rules and Sweepstakes Post will be awarded. Any attempt to deliberately damage any website or undermine the legitimate operation of the Sweepstakes is unlawful and subject to legal action by Sponsor or its agents.
Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision. Sponsor reserves the right to correct an error in any promotional materials or these Official Rules.
IN NO EVENT WILL SPONSOR EACH OF ITS RESPECTIVE AFFILIATES, SUBSIDIARIES OR RELATED COMPANIES, THEIR RESPECTIVE ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, MEMBERS, EMPLOYEES, REPRESENTATIVES OR AGENTS BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THIS SWEEPSTAKES, INCLUDING ENTRANTS ACCESS TO AND USE OF THE SWEEPSTAKES INTERNET SITE OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
THE SPONSORS WILL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY CLAIM ARISING IN CONNECTION WITH PARTICIPATION IN THE SWEEPSTAKES OR ANY BENEFITS AWARDED.
Odds: The odds of being selected as a winner are dependent upon the total number of entries received in the Sweepstakes.
Winners List and Official Rules: Winners List and Official Rules: For a copy of these official rules or a list of prize winners, send a self-addressed, stamped envelope to: GATE Stores and CELSIUS Echelon Exercise Bike Social Media Sweepstakes, P.O. Box 278, Woodbridge, NJ 07095. Please specify whether you are requesting, official rules or a list of prize winners. Requests must be received by 6/30/2022.