Celsius and Tops Friendly Markets Aventon
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 NEW YORK, PENNSYLVANIA AND VERMONT 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 and Tops Friendly Markets Aventon Sweepstakes (the
“Sweepstakes”).
- SWEEPSTAKES DATES: Sweepstakes registration is scheduled to begin at
12:00:00am Eastern Time (“ET”) on 10/6/2023 and end at 11:59:59pm ET on 12/8/2023
(the “Entry Period”). The Sweepstakes is subject to all applicable
federal, state and local laws and regulations and
is void outside of NY, PA and VT and wherever prohibited by law.
- WHO MAY ENTER: Sweepstakes is open only to legal residents of NY, PA and
VT who are age 18 or older as of date of entry, and have a valid U.S.
driver’s license or government issued photo ID (each an “Entrant”), except
the following persons who are not eligible to enter or win:
- Employees, officers, and directors of
CELSIUS Holdings, Inc, Tops Friendly Markets, (“Sponsors”), Million
Dollar Media (the “Administrator”), Aventon Bikes, 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 grandchildren) and each of their
respective spouses, regardless of where they reside.
- HOW TO ENTER: Scan the QR code to be directed the registration site or
visit the registration site directly at www.celsiussweepstakes.com/tops 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 ET on 12/8/2023 to be
eligible. There is a maximum of (1) entry per person and per email address
in this Sweepstakes.
- 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,
Tops Friendly Markets, and Aventon Bikes) 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
entry registration, the authorized account holder of the email account
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 email service
provider associated with the email account used to submit the 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
three (3) grand prize potential winners (each a “Potential Winner”). Note:
There is a maximum of one (1) prize award per person or household.
- 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 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 for the
corresponding prize 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 calls.
- Potential Winners will be required to sign
and return, within five (5) days of receipt, a prize acceptance form, including an
affidavit of eligibility and a liability/publicity release signed by the
Potential Winner, publicity release where permitted; and a W-9 form if
prize value exceeds $600 (the “Paperwork”) in
order to claim the Prize. Upon successful completion and submission
of Paperwork to Administrator, Potential Winner will be designated as a
Prize Winner (each a “Prize Winner”). Prize Winner will be issued a 1099 form reflecting
the value of the grand prize award and is responsible for paying all
applicable taxes (including, but not limited to all local, state and federal taxes) on all prizes awarded. 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 for the corresponding prize level may be notified.
- Prize Awards:
- Grand Prize: Each Entrant who is confirmed
as a grand prize winner will be eligible to receive the grand prize. The
grand prize is: one (1) Aventon Aventure with a
MSRP of $1,799.00. A maximum of two
(2) Grand Prizes shall be available to be awarded to residents from any
individual U.S. state.
- Total ARV of all available prizes in this
Sweepstakes is $5,397.00
- If any selected Potential 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. Failure to collect or properly
claim any prize in accordance with these rules will result in forfeiture
of the prize. If forfeited for any
reason, entrant will not receive any other prize substitution or
compensation, and the prize will remain the property of Sponsor and will
not be awarded, except as provided herein.
- 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.
- 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: Tops Friendly Markets Aventon 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 2/8/2024.
- 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.