Java Monster® – Win the Ultimate Costa Rican Adventure SweepstakesOfficial On-line Sweepstakes Rules

 

BY SUBMITTING AN ONLINE 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 AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.

 

NO PURCHASE 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.  INTERNET ACCESS AND ONLINE ENTRY IS REQUIRED. VOID OUTSIDE OF THE UNITED STATES AND THE DISTRICT OF COLUMBIA, AND WHERE PROHIBITED BY LAW OR RESTRICTED BY LAW.

 

Monster Energy Company (“Monster”) is offering the “Java Monster® – Win the Ultimate Costa Rican Adventure Sweepstakes” (the “Sweepstakes”).  The Sweepstakes is subject to these official rules (the “Official Rules”), and by entering, entrant (“Entrant”) agrees to be bound by them and the decisions of Monster, which are final and binding in all respects.

 

1. How To Enter: To enter, during the Entry Period, visit www.monsterenergy.com, click on the Sweepstakes registration link and complete the on-line registration by providing the following information: First name, last name, home address, a valid email address, date of birth, and home telephone number including area code.  You will also be required to select one of the following to indicate how you learned of the Sweepstakes:  “Circle K” for Entrants who learned of the Sweepstakes from a participating Circle K store located either in the state of Arizona or the state of Nevada; “Sunoco” for Entrants who learned of the Sweepstakes from a participating Sunoco gas station or APlus convenience store; “Other Retailer”; “Facebook”; “Monster Energy Website”; “Friend”; or “Other”.

 

This Sweepstakes begins at 12:01 AM, May 1, 2012, US Pacific Time and ends August 31, 2012 at 11:59 PM, US Pacific Time (the “Entry Period”).  Monster’s computer is the official timekeeping device for entry in the Sweepstakes.  All entries must be received by 11:59 PM Pacific Time on August 31, 2012.  There is a limit of one entry per person during the Entry Period. Normal time rates, if any, charged by the Entrant’s Internet service or mobile provider will apply.

 

The odds of winning depend on the total number of eligible entries received within the Entry Period.

 

2.  Eligibility: The Sweepstakes is open to persons who are legal residents of, and physically located within, the 50 United States and/or the District of Columbia who are 18 years of age or older at the time of entry and possess a valid passport.  VOID WHERE PROHIBITED.  Employees, officers and representatives, and members of their 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 Monster, Orbit Sales & marketing (the “Administrator”) and their respective 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 (the “Sweepstakes Entities”)  are not eligible.

 

When submitting their entry, Entrants are required to provide complete and truthful information.  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 Sweepstakes at Monster’s sole and absolute discretion. Entries submitted by persons who do not meet the eligible requirements (including all requirements with respect to age and residence) are void. The use of any scripts, computer programs, robotic repetitive, macro, automatic, programmed or similar automated entry methods or agents to submit entries will void all entries submitted by that person or that person’s agents.  Monster will disqualify any entry from individuals who do not meet the eligibility requirements.   All entries submitted in compliance with these Official Rules and not disqualified or void are considered “Eligible Entries.”  All entries are the property of Monster.

 

By entering the Sweepstakes,  Entrants:  (a) agree to be bound by these Official Rules and by the interpretation of these Official Rules by Monster and by the decisions of Monster, 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 the Sweepstakes Entities 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 prizes, or Monster’s advertising and marketing related to the Sweepstakes, Entrants or the Winners.  Winning a prize is contingent upon fulfilling all requirements set forth herein.

 

3.  Prizes: Five (5) Grand Prizes are available to be won.  One (1) of the five (5) Grand Prizes is available to be won only by those Entrants whose entry designates “Circle K” for how the Entrant learned of the Sweepstakes and one (1) of the five (5) Grand Prizes is available to be won only by those Entrants whose entry designates “Sunoco” for how the Entrant learned of the Sweepstakes.  The remaining three (3) Grand Prizes are available to be won by those Entrants whose entry designates one of the following for how the Entrant learned of the Sweepstakes: “Other Retailer”; “Facebook”; “Monster Energy Website”; “Friend”; or “Other”.  One (1) “Grand Prize” shall be awarded to each Grand Prize Winner.  Each Grand Prize includes: Round trip airfare for two from major airport closest to Grand Prize Winner’s residence to Costa Rica; accommodations for four (4) nights; and $750.00 in spending money.  Trip dates are to be determined and subject to change based on event scheduling, but are expected to be in late September or October of 2012. Each Grand Prize’s approximate retail value (“ARV”) is: $4,750.00.  One hundred (100) First Prizes are available to be won.  One “First Prize” shall be awarded to each First Prize Winner.  Each First Prize is one (1) Haro Flightline Sport Bike.  Each First Prize’s ARV is: $580.00.  Prize 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 Entrant.

 

4.  Winner Selection and Notification: On or about September 7, 2012, the potential “Grand Prize Winners” will be determined via a random drawing as follows: (a) One (1) Grand Prize Winner will be randomly drawn from all Eligible Entries received that designate “Circle K” for how the Entrant learned of the Sweepstakes; one (1) Grand Prize Winner will be randomly drawn from all Eligible Entries received designate “Sunoco” for how the Entrant learned of the Sweepstakes ; and (c) three (3) Grand Prize Winners will be randomly drawn from all Eligible Entries received that designate one of the following for how the Entrant learned of the Sweepstakes: “Other Retailer”; “Facebook”; “Monster Energy Website”; “Friend”; or “Other”.  Also on or about September 7, 2012, the potential “First Prize Winners” will be determined via a random drawing, from all Eligible Entries received.  Each prize will be awarded to the authorized account holder of the email address submitted with the entry regardless of the individual who submitted the winning entry. The authorized account holder is the person who is assigned to the e-mail address by an Internet service provider or other organization that is responsible for assigning e-mail addresses or the domain names associated with e-mail addresses.  Each potential Winner will be notified within three (3) business days of the drawing. Each potential Winner will be notified by email (at the email address provided with the entry), and will be required to confirm his or her email address.  If a potential Winner cannot be reached after a reasonable effort has been exerted or fails to respond to confirm his or her email address within three (3) days from when the initial notification email is sent, the potential Winner forfeits the prize, and an alternate potential Winner will be determined  as provided in Rules 4.1 and 4.2 below.

 

4.1.   Any alternate Grand Prize Winner shall be determined as follows: (a) if the forfeiting potential Winner’s entry designated “Circle K”  for how the Entrant learned of the Sweepstakes, then the alternate potential Winner will be randomly drawn from all remaining Eligible Entries that designate “Circle K” for how the Entrant learned of the Sweepstakes ; (b) if the forfeiting potential Winner’s entry designated “Sunoco” for how the Entrant learned of the Sweepstakes , then the alternate potential Winner will be randomly drawn from all remaining Eligible Entries that designate “Sunoco” for how the Entrant learned of the Sweepstakes; and (c) if the forfeiting potential Winner’s entry designated “Other Retailer”, “Facebook”, “Monster Energy Website”, “Friend”, or “Other” for how the Entrant learned of the Sweepstakes, then the alternate potential Winner will be randomly drawn from all remaining Eligible Entries that designate “Other Retailer”, “Facebook”, “Monster Energy Website”, “Friend”, or “Other” for how the Entrant learned of the Sweepstakes.  Any alternate First Prize Winner will be randomly selected from all remaining Eligible Entries.

 

4.2. If the alternate potential Winner is unable to accept the prize, the prize is forfeited and another alternate potential Winner will be determined as provided above in Rule 4.1.  This Winner selection and notification process shall be continued until a Winner is confirmed for each prize.  If a prize or a prize notification is returned as undeliverable, the prize will be forfeited and an alternate potential Winner will be determined as provided above in Rule 4.1.

 

5.  Winner Verification: Each potential Winner may be required to prove eligibility, including, without limitation, proof of age, residence and identity, which may include submitting a copy of a driver’s license, passport or similar government issued identification within three (3) days of being notified of being a potential Winner.

 

Each potential Grand Prize Winner (or any alternate potential Grand Prize Winner if one must be selected) is not official and shall not be confirmed as a Grand Prize Winner until he/she has completed, signed and returned documentation required by Monster — including a notarized Affidavit of Eligibility, release of liability, (except where prohibited) publicity release form, and a completed IRS W-9 form, and the eligibility of the potential Grand Prize Winner has been verified.  Forms must be received within thirty (30) days after notification of winning.  If a potential Grand Prize Winner does not complete all forms necessary within the time given and/or in the event of non-compliance by a potential Grand Prize Winner, such a potential Grand Prize Winner shall be disqualified and shall forfeit the prize, and all privileges otherwise due as a Grand Prize Winner shall be terminated and an alternate potential Grand Prize Winner will be determined as provided in Rules 4.1 and 4.2 above.

 

Provided that a potential Winner is in compliance with the Official Rules and after having successfully proven eligibility, the potential Winner will be determined to be a Winner.  Monster expressly reserves the right to delay the announcement of the Winners for any reason it deems necessary.  In addition, Monster reserves the right to select alternate Winners 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 five (5) Grand Prizes or one hundred (100) First Prizes available as set forth in these Official Rules, the Winner of the prize(s) available may be selected in a random drawing from among all persons making purportedly valid claims for such prize(s).  Inclusion in such drawing shall be each Entrant’s sole and exclusive remedy under such circumstances.  The Sweepstakes Entities are not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected or unsuccessful efforts to notify the potential Winners.

 

6.  Liability Release and Indemnity: By entering the Sweepstakes, Entrant agrees that Monster, and other Sweepstakes Entities, and each of their respective 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 a prize.  Each prize is offered and provided “as is” with no warranty or guarantee by Monster, either express or implied.  Any and all warranties and/or guarantees on the prizes (if any) are subject to the manufacturer’s terms therefore, and winner agrees to look solely to such manufacturer(s) for any such warranty and/or guarantee. By participating in the Sweepstakes, each Winner acknowledges that the Sweepstakes Entities have not and will not obtain or provide insurance of any kind relating to the prizes.

 

Entrants agree to indemnify and hold harmless the Sweepstakes Entities 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 the Sweepstakes Entities 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 Sweepstake website(s), or the acceptance, receipt, or use of any prize or prize component.  Entrants further agree that in any cause of action, the Sweepstakes Entities’ 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.

 

The Sweepstakes Entities assume 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. The Sweepstakes Entities assume no responsibility for any typographical or other error in the printing of the offer, administration of Sweepstakes, errors in processing entries, identifying the Winners, 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.  Monster 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; (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: The date for fulfillment of the prizes will be on or about Sept. 15, 2012, but subject to change in Monster’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, Monster 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 determined  as provided in Rules 4.1 and 4.2 above.  All costs and expenses not specifically listed above as part of a prize are solely Winner’s responsibility.  Each 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.  Arrangements for the fulfillment of all prizes will be made by the Administrator. Any prize pictured in online, television and print advertising, promotional packaging and other Sweepstakes materials are for illustrative purposes only.

The value of a prize will be taxable to the Winner as income.  An IRS Form 1099 will be issued to each Grand Prize Winner, in the Grand Prize Winner’s name, for the actual value of the Grand Prize awarded.  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.

 

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 Monster’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: The Sweepstakes Entities are not responsible if the Sweepstakes cannot take place, or if any prize cannot be awarded due to delays, interruptions or failures due to acts of God, war, natural disasters, weather, acts or threats of terrorism, strikes, lockouts, labor disputes, work stoppages, fire, acts of government, 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, 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 Monster’s sole determination, corrupts or affects the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Monster 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.monsterenergy.com if time permits and the prizes will be awarded to a potential Winners 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 Monster.  Monster reserves the right to modify and amend these Official Rules from time to time during the Sweepstakes for clarification purposes.

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, MONSTER RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Monster’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Entrants agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials, privacy policy or terms of use on a website and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Monster’s sole and absolute discretion.

10.  Privacy: All information submitted by Entrants and collected by Monster in connection with Entrant’s entry will be subject to and will be treated in a manner consistent with Monster’s web site Terms of Use accessible at: http://www.monsterenergy.com/us/en/resources/terms/ and Monster’s Privacy Policy available at: http://www.monsterenergy.com/us/en/resources/privacy.   By participating in the Sweepstakes, Entrants hereby agree that Monster may collect and use their personal information submitted with the entry, and acknowledge that they have read and accepted the Monster Privacy Policy.  Among other things, the information you provide may be used for sending Entrants company updates and announcements about Monster Energy Company and its products.

11.  Binding Arbitration: Except where prohibited by law, Entrant agrees: (1) any dispute, controversy or claim arising out of or relating to the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action; (2) any dispute, controversy or claim arising out of or relating to the Sweepstakes or any prize awarded shall be resolved by binding arbitration conducted by JAMS/Endispute (“JAMS”) in accordance with JAMS Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”); (3) any arbitration shall be heard by one arbitrator to be selected in accordance with the JAMS Rules, in Orange County, California; (4) judgment upon any award rendered may be entered in any court having jurisdiction thereof; and (5) any award or judgment shall be subject to all limitations and releases set forth in these Official Rules and be limited to actual out of pocket damages, and shall not, in any event, include any punitive, exemplary, consequential or incidental damages, attorney´s fees or costs of bringing a claim, or any injunctive or other equitable relief.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.

 

12.  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 Monster in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the California law without giving effect to any choice of law or conflict of laws rules (whether of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than California.

 

13.  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 August 31, 2012.  Washington and Vermont residents may omit return postage if requesting a set of Official Rules.  For the name of the Winner and/or Official Rules:  (i) send a self-addressed, stamped envelope postmarked to Java Monster – Costa Rica Sweepstakes, PO Box 290904, Nashville, TN 37229; and (ii) write “Winners Names” and/or “Official Rules” on the lower left hand corner of the envelope.

 

14.  Sponsored by: This Sweepstakes is sponsored by Monster Energy Company, 550 Monica Circle, Ste. 201, Corona, CA 92880.

 

15.  Administered by: This Sweepstakes is administered by Orbit Sales & Marketing, PO Box 290904, Nashville, TN  37229.