Lucky Beverage Co.’s “Lucky Energy Shangry Compensation”

Lucky Beverage Co.’s “Lucky Energy Shangry Compensation”

Official Sweepstakes Rules

 (these “OFFICIAL RULES”)

NO PURCHASE NECESSARY

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE AN ENTRANT’S CHANCES OF WINNING. Void where prohibited, taxed, or restricted by law. Subject to all federal, state, and local laws and regulations.

1. Description:  The “Lucky Energy Shangry Compensation” sweepstakes (the “Sweepstakes”) begins on February 14, 2025, at approximately [8:00am EST] [Note: Confirm start time.] and ends on the earlier to occur of (i) the day the 500th eligible Entrant and verified winner accepts their prize, in accordance herewith, and (ii) May 14, 2025 at 5:00pm EST (the “Sweepstakes Period”).  Entry in the Sweepstakes does not constitute entry into any other promotion, contest or sweepstakes.  Each Entrant (as hereinafter defined) participating in the Sweepstakes unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Lucky Beverage Co., located at 2700 Stratford Drive, Austin, Texas 78746 (“Sponsor”), including Sponsor’s interpretation of these Official Rules, which shall be final and binding in all respects.

2. Eligibility:  During the Sweepstakes Period, only legal residents of the United States, as of the date of a Submission (as hereinafter defined), who are 18 years of age or older are eligible to enter the Sweepstakes (each such person, an “Entrant”). Individuals under the age of 18 (a “Minor”) must have consent from their parent or legal guardian to enter the Sweepstakes.  Entrants must have either a valid Social Security number and/or a valid U.S. Individual Taxpayer Identification Number. Sponsor, including employees, officers, and directors of Sponsor and each of its respective parents, affiliates, subsidiaries, distributors, retailers, sales representatives, advertising and promotion agencies involved in the Sweepstakes (all such individuals and entities collectively referred to herein as the “Sweepstakes Entities”), and the immediate family members and/or those residing in the same household of each are ineligible to enter the Sweepstakes or win a prize.  Winning a prize is contingent upon fulfilling all requirements set forth herein.  Sponsor reserves the right to verify the eligibility of winners.

3. How to Enter the Sweepstakes:

(a)  During the Sweepstakes Period, Sponsor will place a physical billboard in Butts County, Georgia and drive mobile billboard trucks in Los Angeles, California, Boston, Massachusetts, Chicago, Illinois, Houston, Texas, and New York, New York. The billboard and mobile billboard trucks will display a promotional advertisement for the Sweepstakes, which will include a URL link (shangry.net) (the “Sweepstakes Link”) to these Official Rules and directing you to Sponsor’s website to sign-up for participation in the Sweepstakes. 

(b) During the Sweepstakes Period, to have a chance to win a prize, each Entrant must make a submission (each a “Submission”) by (i) following the instructions on the Sweepstakes Link to sign up with Entrant’s name and email address or (ii) by visiting Sponsor’s website at [https://luckybevco.com/.] [Note: Confirm whether the Sweepstakes Link will also be on the Lucky website.] NO PURCHASE NECESSARY TO ENTER. 

(b) Limit up to one (1) Submission per Entrant during the Sweepstakes Period.  Upon making a Submission, each Entrant will receive one (1) entry in the Sweepstakes. Submissions in excess of the limit set forth in this Section 3(b) will be disqualified by Sponsor.  Any attempt by an Entrant to obtain more than the stated number of Submissions by using multiple/different email addresses, identities, registrations, logins, AI generative technology, or any other methods other than as set forth herein, will void such Entrant’s Submission or excess Submissions, in the Sponsor’s sole and absolute discretion. All Submissions must be complete by the end of the Sweepstakes Period.  Sponsor’s database clock will be the official timekeeper for this Sweepstakes.  Except as otherwise contemplated in these Official Rules, personal information collected by Sponsor in connection with the Sweepstakes will be used in accordance with Sponsor’s Terms of Service and Privacy Policies.

(c) On each Monday during the Sweepstakes Period, Sponsor will select all eligible winners from the pool of Entrants who have entered through the Sweepstakes Link as of such date. This process will continue until a total of 500 winners have been selected. [Each winner will receive an email from Sponsor] [Note: Confirm when winners should expect to receive an email.] requesting the required information to send out the prize (i.e., mailing address) and each winner must respond to the email within fourteen (14) days of receipt. Failure to respond within the fourteen (14) day period will result in forfeiture of the prize, as further detailed in Section 4 below. After the first 500 winners are selected, a message will appear at the Sweepstakes Link providing that the Sweepstakes Period has ended and the remaining Entrants will receive [an email] [Note: Confirm whether they will receive an email informing them that the Sweepstakes Period has ended or if the message will appear on the website.] informing them they did not win and will be provided a link to purchase Sponsor’s products. [By making a Submission, each remaining Entrant agrees to receive a one-time marketing email from Sponsor which contains a link to purchase Sponsor’s products.] THE WINNING SUBMISSIONS ARE SUBJECT TO THESE OFFICIAL RULES, TO WHICH EACH ENTRANT AGREES BY PARTICIPATING IN THE SWEEPSTAKES, AND VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL ON ALL MATTERS RELATING TO THIS SWEEPSTAKES.  Any potential winner is subject to verification of eligibility.  Submissions are subject to review and verification at the sole discretion of Sponsor; if they are found to be reproduced, altered, forged, tampered with or unauthorized, or if they fail to contain content appropriate for the Sweepstakes or contain any inappropriate content, in each case as determined by Sponsor in its sole and absolute discretion, they will be void.  No prize will be awarded to an Entrant for which a Submission is determined to be void or who is otherwise ineligible, and Sponsor shall have no further obligation or liability in respect thereof.  Submissions, including contact information submitted along with any Submission, that are incomplete or deemed by Sponsor, in its sole discretion, to be in violation of these Official Rules, or to be otherwise infringing, harmful, inappropriate, defamatory, or generally not in keeping with the image of Sponsor, may be rejected and an Entrant submitting such Submission may not be eligible to participate in the Sweepstakes.

(d)  Submissions must be made by an Entrant through Sponsor’s Website in accordance with this Section 3. Submissions made by any other individual or any entity, and/or originating at any other e-mail address, including but not limited to commercial sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Sweepstakes.  Tampering with the Submission process or the operation of the Sweepstakes, including but not limited to, the use of any device to automate the Submission process, is prohibited and any Submissions deemed by Sponsor, in its sole discretion, to have been submitted in this manner will be void.  In the event a dispute regarding the identity of the individual who actually submitted a Submission cannot be resolved to Sponsor’s satisfaction, the affected Submission may be deemed ineligible.  The Sweepstakes Entities shall not be responsible for incorrect or inaccurate entry or Submission information whether caused by Internet users or by any of the equipment or programming associated with or used in the Sweepstakes or by any technical or human error which may occur in processing of the Submissions in the Sweepstakes.  The Sweepstakes Entities assume no responsibility or liability for any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration of Submissions.  

4.  Winner Notification & Verification: Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason.  Time is of the essence in awarding each prize.  If, despite reasonable efforts, a potential winner does not respond within fourteen (14) days of delivery of the winner notification, or if the prize or winner notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will automatically forfeit his or her prize and the next eligible alternate winner will be selected based on the order in which Submissions are made. If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award of the same, such potential winner will be disqualified and an alternate winner may be selected.  All prizes will be awarded provided a sufficient number of eligible Submissions are received throughout the Sweepstakes Period.  Note, the Sweepstakes Entities shall have no liability for a potential winner’s failure to receive notices due to spam, junk e-mail or other security settings or for a potential winner’s provision of incorrect or otherwise non-functioning contact information.  

5.  Prizes, Odds of Winning, and Approximate Retail Value (“ARV”):

(a)  There are up to 500 prizes available to be awarded as follows:

Odds of winning a prize are based on the number of eligible Submissions received during the Sweepstakes Period.

(b)  No more than the advertised number of prizes will be awarded.  Prizes will be delivered only to addresses in the United States via United States Postal Service. Winners are responsible for any loss of prize or portion of prize after it has been delivered.  Sponsor will not replace any lost or stolen prizes. If the entire value of the prize is not used, the remaining value will be deemed forfeited by the winner, and cash will not be awarded in lieu of any remaining prize value.  Any and all applicable federal, state, and local taxes and all fees and expenses related to acceptance and use of prizes not specifically stated herein are the sole responsibility of the prize winners.  

6.  General Prize Conditions: 

(a)  Each prize will be awarded only if each potential prize winner fully complies with these Official Rules.  Any prizes pictured in online, television and print advertising, promotional packaging, and other contest materials are for illustrative purposes only.  All details and other restrictions of the prize(s) not specified in these Official Rules will be determined by Sponsor in its sole discretion.  No cash alternative or substitution of the prize(s) will be allowed, except Sponsor reserves the right in its sole discretion to substitute prize(s) of comparable value if any prize listed is unavailable, in whole or in part, for any reason.   Each potential winner may be required to execute an Affidavit of Eligibility, a Liability Release, and (where imposing such condition is legal) a Publicity Release (collectively, “Prize Claim Documents”).  If a winner is a Minor, at Sponsor’s option, the applicable prize either will be awarded in the name of the parent or legal guardian of such Minor winner, or the parent or legal guardian of such Minor winner will be required to ratify and sign Prize Claim Documents, if applicable.  If any potential winner (or, in the case of a Minor, such Minor’s parent or legal guardian) fails or refuses to sign and return any Prize Claim Documents by the deadline specified in the prize notification, such winner may be disqualified and an alternate winner may be selected. 

(b)  Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished in connection with the Sweepstakes. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.

7.  General Liability Release/Intellectual Property/Force Majeure:  

(a)  Acceptance of a prize constitutes such winning Entrant’s permission for the Sweepstakes Entities to use winner’s Submission, name, photograph, likeness, voice, biographical information, statements and address (city and state) for purposes of providing the Winners List (as hereinafter defined) and for marketing, advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation.  Each Entrant (and any Minor Entrant’s parent or legal guardian) agrees that the Sweepstakes Entities (i) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Sweepstakes or any Sweepstakes-related activity, or from Entrants’ acceptance, receipt, possession and/or use or misuse of any prize, and (ii) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose. 

(b)  The Sweepstakes Entities assume no responsibility or liability for any damage to an Entrant’s, or any other person’s, computer system which is occasioned by participating in the Sweepstakes, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature.  Without limiting the generality of the foregoing, the Sweepstakes Entities are not responsible or liable for incomplete, illegible, misdirected, misprinted, late, lost, damaged, or stolen entries or prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information.  In its sole discretion, Sponsor may cancel, terminate, modify, or suspend all or part of this Sweepstakes should any virus, bug, non-authorized intervention or other cause beyond Sponsor’s control corrupt or affect the administration, security, fairness or proper play of the Sweepstakes.  In such cases, and at its option and in its sole discretion, Sponsor may select winners by random drawing from those Submissions received by electronic transmission prior to the corruption or other event.  

(c) IN NO EVENT WILL THE SWEEPSTAKES ENTITIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN THE SWEEPSTAKES, INCLUDING (I) USER ERROR SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLY CONSTRUCTED TRANSACTIONS, OR (II) SERVER FAILURE OR DATA LOSS WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT THE SWEEPSTAKES ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

(d)  Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Sweepstakes, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law.  No mechanically reproduced, illegible, inappropriate, incomplete, forged, software-generated or other automated multiple Submissions will be accepted.  If a dispute as to the identity of the individual who actually submitted a Submission cannot be resolved to Sponsor’s satisfaction, the affected Submission may be deemed ineligible.  Sponsor reserves the right to modify, extend, suspend, or terminate the Sweepstakes if it determines, in its sole discretion, that the Sweepstakes is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Sweepstakes as contemplated herein.  

(e)  In the event an insufficient number of eligible Submissions are received and/or Sponsor is prevented from awarding prizes or continuing with the Sweepstakes as contemplated herein by any event beyond its control, including, but not limited to, fire, flood, earthquake, windstorm, epidemic, pandemic (including the COVID-19 pandemic), public health crisis, disease, virus, sickness or outbreak or other similar or dissimilar natural disaster; act of God or public enemy; riot or civil disturbance, act of any government or governmental authority, power failure, satellite or equipment failure, failure of telecommunications lines or failure or breakdown of plant, machinery or vehicles operated by a third party; labor dispute, strike, or lockout; actual or threat of war, armed conflict, terrorist attack, war (declared, undeclared or threatened), explosion, nuclear, or chemical or biological contamination; or a government imposed travel ban, restriction on movement or gatherings, or other government imposed mandate of any kind, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each, a “Force Majeure” event or occurrence), Sponsor reserves the right to modify, suspend, or terminate the Sweepstakes.  

(f)  If the Sweepstakes is terminated before the designated end date, Sponsor may (if possible) select the winner(s) from all eligible, non-suspect Submissions received as of the date of the event giving rise to the termination.  Only the type and quantity of prizes described in these Official Rules will be awarded.  If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available in the prize category in question may be selected at Sponsor’s sole discretion 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.  

(g)  These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor.  The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision.  If any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

8.  GOVERNING LAW/JURISDICTION:  ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE SWEEPSTAKES SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF DELAWARE WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS. 

9.  Arbitration Provision:  By participating in this Sweepstakes, each Entrant (and any Minor Entrant’s parent or legal guardian) agrees: (a) that any and all disputes an Entrant may have with, or claims an Entrant may have against, the Sweepstakes Entities relating to, arising out of or connected in any way with (i) the Sweepstakes, and/or (ii) the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator selected by Sponsor in accordance with the rules of JAMS; (b) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (c) the arbitration shall be held in Austin, Texas; (d) the arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable Entrant may have entered into in connection with the Sweepstakes; (e) the arbitrator shall apply Delaware law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (f) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only an Entrant’s and/or Sponsor’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (g) the arbitrator shall not have the power to award punitive damages against an Entrant or Sponsor; (h) if an Entrant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of an Entrant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (i) with the exception of subpart (f) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.  If, however, subpart (f) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither an Entrant nor Sponsor shall be entitled to arbitrate their dispute.  For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.

10.  Winners List:  For a list of winners of prizes in the Sweepstakes (“Winners List”), available for seven (7) days after the end of the Sweepstakes Period, send an email to: getlucky@luckybevco.com with “Lucky Energy Shangry Compensation” as the subject line.  The Winners List will be sent upon request after prizes have been awarded.