WHAT WOULD YOU DO WITH 5-HOUR ENERGY® TO MAKE A
POSITIVE IMPACT IN YOUR COMMUNITY? CONTEST
OFFICIAL CONTEST RULES
VOID WHERE PROHIBITED OR RESTRICTED BY LAW. ALL UNITED STATES FEDERAL, STATE, AND LOCAL LAWS APPLY. NO PURCHASE NECESSARY TO ENTER OR WIN.
- General Description:
- The What Would You Do With 5-Hour Energy® To Make A Positive Impact In Your Community? Contest (the “Contest”) is being conducted by Living Essentials, LLC (“Living Essentials”).
- Entry and registration in the Contest must be completed via the internet at www.5HourEnergy.com/whatwouldyoudo. If any group elects to collaborate on a Community Service Project (defined below) they are required to designate one (1) person as the agent of the group to enter the Contest, to agree to these rules and to accept the prize on behalf of the group. The group must work with a registered 501(c)(3) charity in order to carry out the Community Service Project (the “Charitable Organization”). Registration by any group member shall be deemed a registration on behalf of the entire group registered. Upon registration, all group members are unconditionally agreeing to, and accepting, these Official Contest Rules. Registration will begin on March 22, 2010 and must be completed by April 28, 2010 (the “Registration Deadline”). Submission of complete entries must be made by April 28, 2010 (the “Submission Deadline”). Up to fifty (50) finalists shall be selected on or about May 3, 2010. One (1) group’s submission will be selected by the Contest’s judges and votes will be announced as the winner on or about May 17, 2010.
- The Contest is open to all fulltime students, age eighteen (18) and over as of the Registration Deadline, that are enrolled at fully accredited colleges, universities, or similar post-secondary educational institutions in the United States (each an “Academic Institution”). A fulltime student shall be defined in accordance with the terms of the Academic Institution in which the student is currently enrolled. Undergraduate and graduate level students are eligible to register and participate in the Contest. Group members do not need to be enrolled at the same Academic Institution to participate together as one group.
- No student may enter the Contest with more than one (1) group. Any group with a member registered with more than one (1) group shall be deemed ineligible.
- Groups may register and participate in the Contest with or without a faculty sponsor from an Academic Institution. A faculty sponsor may assist more than one (1) group.
- Employees, contractors, directors and officers of Living Essentials and Aramark, and each of their respective parent, subsidiaries, or affiliated companies, distributors, advertising and promotion agencies, judging and other agencies (if any) involved in the administration, fulfillment and execution of this Contest and the immediate family members, and/or those living in the same household of each such employee, contractor, director and/or officer are not eligible to enter or compete in the Contest.
Registrations must be submitted via the internet at www.5HourEnergy.com/whatwouldyoudo. All group registrations must be received by the Registration Deadline.
- Only Submissions from registered groups will be accepted. All group Submissions must be received by Living Essentials by 5:00 p.m. E.D.T. on the Submission Deadline in order to be included in the judging. Late submissions will not be accepted. No group may enter more than one (1) submission for judging. Multiple entries from a group will result in the disqualification of all entries received from that group.
Only Submissions adhering to the Required Deliverables (as defined below) will be accepted for entry into the Contest.
Submissions not received by Living Essentials by 5 p.m. EDT on the Submission Deadline will not be accepted. Submissions that are late, lost, stolen, misdirected or non-deliverable due to any reason whatsoever, including without limitation mail delivery problems, incorrect addressing, or returned mail that may occur in the processing of entries to the Contest will not be accepted.
- The “Required Deliverables” shall be as follows:
- Completed the online submission registration form www.5hourenergy.com/whatwouldyoudo. The Submission (Community Service Project) shall include the following items:
- Name of Charitable Organization that will benefit from the group’s efforts
- Name of the Community Service Project
- Summary of the Community Service Project
- Before photos of the Community Service Project (if applicable)
- Timeline, budget and goals.
- Proof of fulltime enrollment for each group member at their Academic Institution (unofficial transcript will suffice).
- Completed release forms from all group members.
Any supplemental materials and/or ideas submitted become property of Living Essentials and may be altered or edited and used in the future for other purposes. Living Essentials may also place supplemental materials on the Internet or in other venues for public viewing during the Contest or during a later time period.
- Content and Assignment of Submission:
- Student groups may not contract with, or pay for, any outside consulting firm, agency, or other service for any assistance or guidance in the creation of the Required Deliverables and/or any supplemental materials. All Required Deliverables must consist solely of the original work of the group that submits each entry.
- Upon submission, all Required Deliverables and any supplemental materials (collectively, the “Project Documents”) shall become the sole property of Living Essentials and will not be returned to the submitting group. In consideration of, and as a condition to, the eligibility of each entry under the terms of the Contest, each group member hereby irrevocably and unconditionally assigns, transfers and conveys, effective upon the submission of the Project Documents, all right, title and interest in and to the Project Documents, including, without limitation, all associated copyright and other intellectual property rights and waives any and all moral rights. Submitting parties will not be paid for the Project Documents or for the granting of any rights. Living Essentials is in no way obligated to use the Project Documents or to give any credit or acknowledgment to the submitting parties if the Project Documents are used.
- By entering the Contest, each group also warrants and represents that the Charitable Organization they will volunteer on behalf of does not espouse beliefs or utilize symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation or socioeconomic group, does not espouse a certain political, governmental, religious or ideological philosophy, it does not endorse or maintain any references to alcohol, controlled substances or other unlawful activities, nor does it in any way violate applicable laws and regulations. All Submissions will be reviewed for content before being published or judged; however, such review does not relieve entrant from responsibility for compliance with all of these Official Contest Rules. Submissions that do not comply with the Official Contest Rules or that otherwise contain prohibited, or inappropriate content as determined by Living Essentials, in its sole discretion, will be disqualified and will not be published or considered for prizes. Living Essentials, in its sole and absolute discretion, makes the final determination as to which Submissions are eligible to take part in this Contest and be considered for the prize.
- By submitting any Project Documents, each entrant agrees to release, discharge, defend and hold harmless Living Essentials, its parents, subsidiaries, affiliated companies, licensees, and assigns, and its respective officers, directors, employees, agents, and representatives from any claim or liability arising from or related to submission and/or use of the Project Documents. Each group shall be required to submit a release and indemnity (to be provided by Living Essentials) signed by each member of the group granting Living Essentials permission to use their image or likeness and attesting, among other things, to the fact that they are the rightful owners of the Project Documents and that the Project Documents may be utilized for all purposes without obtaining permission from, or making any payment to, any third party.
- Selection of Finalists:
- Finalists will be selected from eligible Submissions on or before May 3, 2010. All Submissions shall be evaluated by a qualified panel of judges appointed by Living Essentials (“Judges”).
- On or before May 3, 2010 the Judges will select no more than 50 finalists. Notwithstanding the above, Living Essentials reserves the right, in its sole discretion, to select fewer than fifty (50) Finalists if an insufficient number of qualified and/or appropriate Submissions are received.
- A group is not a winner of any prize unless and until the group’s members’ eligibility is verified and confirmed, until all group members comply with these Official Contest Rules, and until each group member completes the adequate release forms (described above) as required by Living Essentials. Living Essentials reserves the right, to require all or part of the members of a Finalist to submit to a confidential background check to confirm eligibility and help ensure that the use of any such person in advertising or publicity for the Contest will not bring Living Essentials adverse publicity. Living Essentials reserves the right, at its sole and absolute discretion, to disqualify Finalists from any prize element, based on the background check and Living Essentials may select an alternative Finalist.
- Selection of Winner:
- The fifty (50) Finalist Submissions will be posted for the public (ages 18 or older) to vote on as their favorite at www.5HourEnergy.com/whatwouldyoudo starting on 5/3/10 at 12:00:00 am EST and ending on 5/14/10 at 11:59:59 pm EST (“Voting Period”). Each person may only vote once per Day. A “Day” is defined as the 24 hours between 12:00:00 am EST and 11:59:59 pm EST throughout the Voting Period. At the close of the Voting Period, the Community Service Project that receives the most votes will be deemed the winner of the online voting (“Online Vote Winner”).
- After the close of the Voting Period, the Judges will evaluate and rate each of the Finalists’ entries based on the following criteria:
- Online Vote Winner (25%)
- Scale of the project or idea (25%)
- The Story (25%)
- Local impact on community or school (25%)
- Living Essentials will announce the grand prize winner (“Winner”) on or about 5/17/2010. The decisions of the Judges will be final and binding. The final scores and the Judges’ notes and written comments will not be disclosed.
Prizes will be awarded as follows:
- The Winner’s charitable organization will receive one thousand dollars ($1,000) in cash. The Winners agree and understand that the prize money must go to the charitable organization they identified in connection with their Community Service Project in their Submission. The winning group will provide Living Essentials with a contact at the charitable organization to receive the one thousand dollar ($1,000) donation. The donation will be made by Living Essentials on behalf of the winning group to the Charitable Organization made in the group’s Submission. In the event the Community Service Project’s budget is less than $1,000, the residual funds shall be kept by the Charitable Organization. No residual funds will be paid to the winning group.
- The Winner will also receive two hundred fifty two (252) bottles of 5-hour ENERGY® to be split among the group members as they undertake their Community Service Project or volunteer work. Approximate cash value of the prize outlined in this Section is $753.00 (“ACV”); however the actual value may vary. Any difference between the ACV and the actual value shall not be awarded. Group members must meet all eligibility requirements as set forth herein, and all group member names must be submitted at the time of entry.
- Post Award Requirements:
Upon completion of the Community Service Project, the winner will submit to Living Essentials “after photos” showing the area(s) affected by their Community Service Project.
- Publicity of Community Service Projects
- Living Essentials and its agents shall have the unconditional and perpetual right to post, display, record, copy, publish, edit, exhibit, distribute, perform, merchandise, license, sublicense, adapt and/or modify all Submissions and presentations in any way, in any and all media, without any compensation or consideration to any group, its members, or any Academic Institution. Living Essentials, in its sole and absolute discretion, reserves the right to post the Submissions (as may be modified and/or adapted by Living Essentials) and presentations on the Contest website, other selected websites, television or other mediums during or after the Contest, in perpetuity.
- By providing a Submission, each group agrees to willingly participate in potential publicity engagements, media exposure, interviews, video and/or audio recordings, and all other events relevant to the promotion and publicity of the Contest. In the event any group is selected to participate in such events, group members will be notified via phone and/or e-mail to confirm availability for such events. Participation in such events will have no bearing on the judging of a group’s submission to the Contest.
- General Terms and Conditions
- Living Essentials shall not be responsible for any failed registrations or entries for any reason including without limitation those that are lost, late, damaged, delayed, incomplete, illegible, mutilated, misdirected, or on postage-due mail. Further, Living Essentials shall not be responsible for any electronic, network, and server failures or malfunctions or other technical errors of any kind.
- Living Essentials reserves the right to cancel the Contest for any reason that it deems appropriate, including, without limitation, a computer virus, bug or other technical problem(s) that corrupts the administration or security or proper functioning of the Contest. Should the Contest be cancelled prior to the Submission Deadline, notice will be e-mailed to all registered groups.
- VOID WHERE PROHIBITED OR RESTRICTED BY LAW. ALL UNITED STATES FEDERAL, STATE, AND LOCAL LAWS APPLY. NO PURCHASE NECESSARY TO ENTER OR WIN.
- Living Essentials reserves the right to amend these rules and policies. Any changes will be posted online at www.5HourEnergy.com/whatwouldyoudo.
- Winners of any prize are solely responsible for all applicable federal, state, and local taxes.
- All groups agree that Living Essentials and its respective affiliates, subsidiaries, employees, agents or other representatives of any kind shall not be responsible or liable for damages or losses of any kind arising out of or resulting from entry in this Contest, acceptance or use of a prize or any other matter related to the Contest, including, without limitation, disputes between group members claims based on property damage, personal injury and/or death, publicity rights, defamation or invasion of privacy.
- 5-Hour Energy® is a registered trademark of Innovation Ventures, LLC.
- By providing a Submission, entrants agree and acknowledge that Living Essentials may use their respective names, images, and likenesses in connection with the Contest, for advertising purposes, on its website, or in future similar campaigns or contests. Each entrant consents to Living Essentials’ use, reproduction and disclosure of the Submissions, and ideas, concepts or other materials contained therein, for any purpose, including any commercial purpose.
- Living Essentials reserves the right, in its sole discretion, to disqualify any group found tampering with the Contest or violating these Official Contest Rules. Any attempt by a group or its members to deliberately damage the Contest or undermine the legitimate operation of the Contest is a violation of criminal and civil laws and should such an attempt be made, Living Essentials reserves the right to seek damages arising from such acts to the fullest extent of the law. If it is determined that the Contest is compromised in any way, then, at its sole discretion, Living Essentials can cancel the Contest. If any notification is returned as undeliverable, or if any group or its members violates these rules, the group will be disqualified.
- By entering the Contest, each group and its members, and any faculty sponsor, agrees to abide by and be bound by all decisions of Living Essentials and the judges relating to the Contest, which shall be final and binding in all respects, including but not limited to the judges’ determination of the winners.
- If any portion of these Official Contest Rules is found to be invalid, illegal, or unenforceable, for any reason, that portion shall be severed from the rest.
- The provisions of these Contest rules shall be construed and enforceable in accordance with the laws of the State of Michigan. By participating in the Contest, all groups and their respective members agree that the venue for any dispute or litigation arising from or relating to the Contest shall only be in Farmington Hills, Michigan.
- Winners List:
For a list of prize winners, send a self-addressed stamped envelope
between May 17, 2010 and June 1, 2010:
The 5-hour ENERGY® What Would You Do? Contest
38955 Hills Tech Drive
Farmington Hills, Michigan 48331