CELSIUS Smith’s Sweepstakes Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE DOES NOT IMPROVE CHANCES OF WINNING. THE FOLLOWING SWEEPSTAKES IS VALID ONLY IN ARIZONA, IDAHO, MONTANA, NEW MEXICO, NEVADA, UTAH, AND WYOMING AND IS OPEN ONLY TO QUALIFIED PERSONS (AS DEFINED IN THE OFFICIAL RULES BELOW). VOID ELSEWHERE AND WHEREVER PROHIBITED. DO NOT PARTICIPATE IN THE SWEEPSTAKES IF YOU DO NOT FALL WITHIN THE ELIGIBILITY REQUIREMENTS AS SET FORTH BELOW.
SWEEPSTAKES NAME: CELSIUS Echelon Sweepstakes – Smith’s (the “Sweepstakes”).
SWEEPSTAKES DATES: Sweepstakes registration is scheduled to begin at 12:00:00am Mountain Time (“MT”) on 4/20/2022 and end at 11:59:59pm MT on 5/30/2022 (the “Entry Period”). The Sweepstakes is subject to all applicable federal, state and local laws and regulations and is void outside AZ, ID, MT, NM, NV, UT & WY.
WHO MAY ENTER: Sweepstakes is open only to legal residents of California who are age 18 or older as of date of entry, and have a valid U.S. driver’s license (each an “Entrant”), except the following persons who are not eligible to enter or win:
HOW TO ENTER: Visit https://www.celsius.com/sweepstakes/smiths during the Registration Period, and fully complete the online registration form with all required information, including your complete name, valid email address, state of residence and phone number (including area code). All online entries must be submitted by 11:59:59p MT on 5/30/2022 to be eligible. Limit one (1) entry per person and per email address per day.
Any available opt-in opportunities are not required to enter the Sweepstakes, and opting-in will not improve your chances of winning. By participating and submitting an entry, Entrant agrees that Sponsor and Released Parties (including CELSIUS Holdings, Inc, The Kroger Co and Echelon Fitness Multimedia LLC), 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 the Sponsor’s or Released Parties featured products, special events or future contests, promotions or offers. Entrants may opt-out of any further marketing at any time by simply replying REMOVE to any email message, or following the provided opt-out instructions.
Any incomplete or illegible entries will be disqualified. Released Parties are not responsible for lost, late, misdirected, illegible, incomplete, invalid, unintelligible, damaged entries, or for entries submitted in a manner that is not expressly allowed under these rules, or for any entry not submitted or received due to any technical error or failure, unauthorized human intervention, inaccurate capture or mis-entry of any required information, or the failure to capture any such information for any reason including programming or technical errors, or effects of hackers or failure of any electronic equipment, computer or cellular transmissions and/or network connections; all of which will be disqualified.
Each participant must submit an entry on his/her own behalf. Any entry submitted on behalf of another individual or using another person’s name, email address or mobile number will be disqualified and ineligible to claim any prize. Any attempt by any participant to obtain more than the stated number of entries allowed by using same, multiple/different mobile numbers, email addresses, identities, or any other methods void all of that participant’s entries and that participant may be disqualified. No mechanically reproduced or automated entries permitted. Use of any automated system to participate is prohibited and will result in disqualification and all such entries will be deemed void.
In the event of a dispute as to any online registration, the authorized account holder of the email address used to register will be deemed to be the registrant and he/she must be eligible according to these Official Rules. The “authorized account holder” is the natural person listed on the account by the internet access provider associated with the email address used to submit the online entry. All entries received become the property of the Sponsor and will not be returned.
By registering to enter Sweepstakes, you affirm that you have read and accepted these Official Sweepstakes Rules. All Entrants agree to be bound by & abide by the official rules of the Sweepstakes.
WINNER SELECTION & NOTIFICATION: At the conclusion of the Entry Period, a random drawing will be held from among all eligible entries received to select a total of one (1) potential Grand Prize winner, one (1) potential first prize winner, and one (1) potential second prize winner (each a “Potential Winner”).
Potential Winners will be notified initially by phone and following their selection. If the Administrator is unsuccessful in its attempt to reach and speak directly with a selected Potential Grand Prize Winner by phone within two (2) business days of the initial attempt to the phone number associated with their entry, then that Entrant may be disqualified, and an alternate Potential Winner may be randomly selected from among the remaining eligible entries and notified as per the procedures outlined above (time permitting). Note: phone messages will not be left during the Potential Winner notification process.
Each Potential Winner will be required to sign and return, within five (5) days of receipt, an Affidavit of Eligibility/Liability/Publicity Release (the “Paperwork”) in order to claim the designated Prize. Upon successful completion and submission of Paperwork to Administrator, Potential Winner will be designated as a Prize Winner (each a “Prize Winner”) for their corresponding Prize. If a Potential Winner fails to return the Paperwork within that time, if the Prize Notification is returned as undeliverable, or if an Entrant is found to be ineligible, or if he/she does not comply with the Official Rules, then the Potential Winner will be disqualified, and a runner-up Potential Winner may be notified.
Prize Award – Maximum of (3) Prize Awards available:
Employees, officers, and directors of CELSIUS Holdings, Inc, The Kroger Co. (“Sponsors”), Million Dollar Media (the “Administrator”), Echelon Fitness Multimedia LLC, each of the foregoing’s respective franchisees, owners, employees, contractors, parents, affiliated companies, subsidiaries, distributors, retailers, wholesalers, printers, advertising and promotion agencies, and any and all other companies associated with the design or execution of this promotion (collectively, “Released Parties”), and the members of the immediate families or households, whether or not related, of any of the above. “Immediate family members” includes, for purposes of this promotion, parents (including in-laws), grandparents, siblings (including step-siblings), children (including step-children), grand children (including step grand children) and each of their respective spouses, regardless of where they reside.
If any selected winner does not meet the eligibility requirements or is unable or unwilling to accept the associated prize or elects to decline the prize, s/he will be disqualified. Any disqualified contestant will not receive any alternate prize substitution or compensation. Decisions of the Administrator in the selection and determination of all potential prize winners, determination of eligible entries, designated prize awards and all matters relating to this Sweepstakes are final and binding.
Except where prohibited by law, acceptance of any prize by an Entrant in this Sweepstakes constitutes permission for the Sweepstakes Entities to use said Entrant’s name, photograph, likeness, statements, biographical information, and voice on a worldwide basis, and in all forms of media, in perpetuity, without further compensation.
There is a maximum of one (1) prize award per person or household during the Sweepstakes. Once a Potential Winner accepts a prize, they will be ineligible to win any additional prize in this Sweepstakes. If eligible entries are less than the scheduled number of prize drawings or total number of prizes for the entire Sweepstakes, then associated prize award(s) shall not be awarded.
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 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.
Additional Rules & Restrictions: By participating, Entrants agree to abide by and be bound by these Official Rules and the decisions of the Sponsor and Administrator, which shall be final in all matters relating to this Sweepstakes. In the event an Entrant wins a prize, and is later found to be in violation of these rules he/she will be required to forfeit the prize or to reimburse Sponsor for the stated value of the prize if such violation is discovered after winner has used the prize. Sponsor reserves the right to substitute the prize (or portion thereof) with one of comparable or greater value, at its sole and absolute discretion. Participation in Sweepstakes constitutes permission for the Sponsor and its designees to use Entrants’ names, cities and states of residence and/or likenesses for purposes of advertising and trade in any and all media now or hereafter known worldwide on perpetuity without limitation or further compensation, notification or permission, unless prohibited by law. False, fraudulent or deceptive entries or acts shall render Entrants ineligible for any prize.
By participating, Entrants agree to hold all Released Parties harmless from any claims, losses, actions, or damages of any kind, whether actual, incidental or consequential, for injury (including but not limited to death), damages, losses or expenses arising out of or relating to Entrant’s participation in this Sweepstakes, or the acceptance, possession or use/misuse of any prize, or participation in prize-related activities (including but not limited to travel or activity related thereto), and to assume all liability thereof. Released Parties shall not be liable to winner or any other person for failure to supply the prize or any part thereof by reason of any acts of God, any actions, regulations, orders, pandemics, or requests by any governmental entity, equipment failure, terrorist acts, war, fire, unusually severe weather, embargo, labor dispute or strike, labor or material shortage, transportation interruption of any kind, or any other cause beyond Released Parties’ sole control.
Entrants are restricted to use of ordinary and typical computer equipment, mobile phone equipment, Internet access and cellular networks. Sponsor disclaims all liability for the inability of an Entrant to complete or continue an entry due to equipment malfunction, busy lines, inadvertent disconnections, acts beyond the Sponsor’s control, or otherwise. The Sponsor disclaims any liability for entries not received due to technical difficulties or transmission errors. The Sponsor disclaims all liability for any delays, mis-delivery, loss, or failure in the delivery of any item sent by mail, courier, express, electronic transmission, or other delivery method. Released Parties are not responsible for mechanical, technical, electronic, communications, telephone, computer, hardware or software errors, malfunctions or failures of any kind, including: failed, incomplete, garbled or delayed transmission of online entries, traffic congestion on telephone lines, the Internet or at any website or lost or unavailable network connections which may limit an online Entrant’s ability to participate in the Sweepstakes, and any injury or damage to Entrant’s or any other person’s computer or mobile phone related to or resulting from participating in or downloading any information necessary to participate in the Sweepstakes. Released Parties are not responsible for any other errors of any kind, whether computer, technical, typographical, printing, human or otherwise, relating to or in connection with the Sweepstakes, including, without limitations, errors which may occur in connection with the printing or advertising of this Sweepstakes, administration or execution of the Sweepstakes, the cancellation of the game, the processing of entries or in the announcement of the prizes or prize winners. Sponsor, in its sole discretion, reserves the right to disqualify any person tampering with the entry process or the operation of the Sweepstakes website.
Sponsor reserves the right to cancel, modify or terminate the Sweepstakes if fraud, misconduct or technical failures destroy or threaten the integrity of the Sweepstakes, in the opinion of the Sponsor/Administrator, or if a computer virus, bug, or other technical problem corrupts the administration, security, or proper conduct of the Sweepstakes as determined by Sponsor/Administrator, in their sole discretion. In the event of early termination of the Sweepstakes, Sponsor reserves the right to determine the prize winners in a random drawing from among all eligible, non-suspect entries received as of the time/date of such termination.
ODDS: The odds of being selected as a winner are dependent upon the total number of entries received in the Sweepstakes.
IN CASE OF DISPUTES: By participating, each entrant agrees that (1) any and all disputes, claims, and causes of action arising out of or in connection with this Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and any judicial proceeding shall take place in a federal or state court within the State of New Jersey; (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, and consequential damages, and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Sponsor in connection with this Sweepstakes, shall be governed by, and construed in accordance with the laws of the State of New Jersey, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of New Jersey or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than the State of New Jersey.
WINNERS LIST: For a copy of these official rules or a list of prize winners, send a self-addressed, stamped envelope to: CELSIUS Echelon Sweepstakes – Smith’s, 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 7/20/2022.
SPONSOR: The Sweepstakes Sponsor is CELSIUS Holdings, Inc., 2424 North Federal Highway, Boca Raton, FL 33431.
ADMINISTRATOR This Sweepstakes is administered by Million Dollar Media, P.O. Box 278, Woodbridge, NJ 07095.
Grand Prize: The Entrant who is confirmed as the Grand Prize winner will be eligible to receive the Grand Prize. The Grand Prize is: one (1) Echelon Reflect 50″ Smart Mirror with a MSRP of $1,599.00.
First Prize: The Entrant who is confirmed as the First Prize winner will be eligible to receive the First Prize. The Second Prize is: one (1) Echelon Row Connected Rowing Machine with a MSRP of $1,299.00.
Second Prize: The Entrant who is confirmed as the Second Prize winner will be eligible to receive the Second Prize. The Second Prize is: one (1) Echelon Connect Bike EX-5 with a MSRP of $1,199.00.
Maximum ARV of all available prizes is $4,097.00.