Jake Paul vs. Mike Tyson Fight Giveaway ExperienceOfficial Rules
NO PURCHASE, PAYMENT, OR DONATION OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE, PAYMENT OR DONATION WILL NOT INCREASE OR IMPROVE YOUR CHANCES OF WINNING.
1. ELIGIBILITY. The Celsius, Inc. (“Sponsor”) “Jake Paul vs. Mike Tyson Fight Giveaway Experience” (the “Promotion”) is only open to those who, as of the start date, are legal residents of the fifty (50) United States, including the District of Columbia, and who have reached the age of majority in their state of residence. Promotion is void where prohibited or restricted by law. Employees, officers and directors of Sponsor and its parents, subsidiaries, affiliates, divisions, advertising and promotion agencies involved in the administration of Promotion, and the immediate families (defined as parents, spouses, children, siblings, grandparents and their respective spouses) or members of the same household (whether related or not) of each such employee, officer and director), are not eligible to enter.
2. TIMING. The Promotion entry period begins at 11:00 AM Eastern Time (“ET”) on November 7, 2024 and ends at 11:59 PM ET on November 11, 2024 (the “Entry Period”). Sponsor’s computer is the official timekeeping device for the Promotion.
3. HOW TO ENTER. To enter,
• Join Instagram if you haven’t already done so
• Follow @celsiusofficial & @everlast on Instagram
• Like and save the Instagram giveaway post
• Tag who you’re watching the Jake Paul vs. Mike Tyson fight with on November 15, 2024, in the Instagram giveaway post comments.
Entries generated by script, macro, or other automated means or by any means that subvert the entry process will be void. All information and content submitted together is a “Submission.” Potential winners will be provided directions for validation. All potential winners are subject to verification before any prize will be awarded. The entry (1) cannot be derogatory of any ethnic, racial, gender, religious, professional or age group; (2) must not infringe upon the rights of any third parties; (3) must be received during the Entry Period. This Promotion is not sponsored, endorsed, administered by, or associated with Instagram, Meta, or Netflix. You understand that you are providing information to Sponsor and not to Instagram, Meta, or Netflix.
Complete all requested steps during the entry process in accordance with the instructions. You must complete all required steps to be eligible to win. All entries must be received by Sponsor during the Entry Period. Any attempt by any participant to obtain additional entries beyond the limit by using multiple/different email addresses, identities, registrations, or any other methods will void that entrant’s entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, void, unintelligible or misdirected entries, which will be disqualified.
In the event of a dispute as to an entrant’s entry, the natural person who is the authorized account holder of the email address associated with the Instagram account will be deemed to be the entrant, but only if that person is otherwise eligible to enter the Promotion. The “authorized account holder” is the natural person assigned to an email address by an Internet access provider, online service provider, Internet service provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each potential winner may be required to show proof of being the authorized account holder. If a dispute cannot be resolved to Sponsor’s satisfaction, the winning entrant may be deemed ineligible. All entries become the exclusive property of Sponsor and none will be acknowledged or returned. Proof of submission will not be deemed proof of receipt of entry by Sponsor.
4. AGREEMENT TO OFFICIAL RULES AND DECISIONS. By participating, each entrant fully and unconditionally agrees to be bound by and accepts these Official Rules, and the decisions of Sponsor (including, without limitation, decisions regarding eligibility of entries, the selection of entrants and the winner, and the awarding of the prize), which are final and binding in all respects.
5. DRAWING; ODDS; NOTIFICATION. On or about November 12, 2024, Sponsor or Sponsor’s designee will randomly select potential winner(s) from among all eligible entries received. Odds of winning a prize depend on the number of eligible entries received. The entrant selected must comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements and requests of Sponsor during the verification process. The potential winner will be notified by Instagram Direct Message from the official @celsiusofficial Instagram account. The potential winner may be required to execute and return to Sponsor a notarized Affidavit of Eligibility, a Liability Release, and, except where prohibited by law, a Publicity Release (an “Affidavit/Release”) in the form(s) provided by Sponsor in order to claim his/her prize. If so required, the Affidavit/Release must be returned to Sponsor by the date and/or time indicated. If the potential winner cannot be contacted within seven days of the first attempt to contact him/her, or if the potential winner fails to return the Affidavit/Release within the specified time, or if any prize or prize notification is returned as undeliverable, or if the potential winner is found to be ineligible, or if the potential winner does not comply with the Official Rules or the requests of Sponsor, then the potential winner may be disqualified and an alternate winner selected by Sponsor in its sole discretion in his/her place, at random from among all eligible non-winning entries received by Sponsor for the Promotion.
6. PRIZE(S). Six prizes will be awarded in this Promotion. The approximate retail value (“ARV”) of a prize is $348 dollars. A “prize” consists of and is limited only to six cases of CELSIUS energy drink, a one-month standard subscription to Netflix, and one Everlast boxing glove autographed by Jake Paul. Prize must be accepted as awarded, and prize is awarded “AS IS” with no warranty, representation or guarantee, express or implied, in fact or in law, made by Sponsor or for which Sponsor shall be liable, including, without limitation, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. No substitution, assignment or transfer of a prize is permitted, except by Sponsor, who reserves the right to substitute a prize with another prize of greater or equal value, in the event of unavailability of the advertised prize. Winner is solely responsible for any and all costs, fees, taxes and expenses associated with prize award, receipt and use, including, without limitation, all federal, state and local taxes on the prize. For prizes valued over $600, prize winner will be issued an IRS Form 1099 for the retail value of the prize. If potential winner does not wish to accept the prize, an alternate winner will be selected from the pool of eligible entrants. All details of the prize not set forth herein will be determined by Sponsor in its sole discretion. All entrants and entries are subject to verification prior to the awarding of a prize, as are the eligibility, age and other claims of/information provided by a potential prize winner.
7. PUBLICITY. Except where prohibited by law, participation in the Promotion constitutes winner’s consent to Sponsor’s (and its designees’, successors’, and assigns’) use of winner’s name, biography, likeness, voice, photographs, video, opinions, statements, hometown, state and country for promotional purposes in any manner or media (including, without limitation, online), worldwide, in perpetuity, and without further payment, consideration, notice, review or consent.
8. GENERAL CONDITIONS. Sponsor reserves the right, in its sole discretion, to terminate, modify or suspend the Promotion if, in Sponsor’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Promotion, or if viruses, bugs, unauthorized intervention, fraud, technical difficulties or failures or any other factor beyond Sponsor’s reasonable control corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion. In such event, Sponsor reserves the right (but does not have the obligation) in its sole discretion to award the prize at random from among eligible, non-suspect entries received up to the time of suspected impairment. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage any website or undermine the legitimate operation of this Promotion is a violation of criminal and civil laws, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision or any other provision of these Official Rules.
9. RELEASE. By entering, each entrant forever, fully and irrevocably releases and holds harmless Sponsor and its parents, subsidiaries and affiliates, and their respective agents, advertising and promotion agencies, affiliates, Promotion partners and prize suppliers, and Facebook, and all of their respective employees, officers, directors, shareholders and agents from and against all claims, damages or liabilities arising in whole or in part, directly or indirectly, from entrant’s participation and/or entry in the Promotion and/or entrant’s award, receipt or use of any prize awarded in the Promotion.
10. LIMITATIONS OF LIABILITY. Sponsor is not responsible for: (a) incorrect or inaccurate transcription of entry information or late, lost, stolen, unintelligible, illegible, damaged, mutilated, altered, incomplete or misdirected entries or entries received through impermissible or illegitimate channels, all of which will be disqualified; (b) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer online systems, computer equipment, website, server provider, network, hardware or software; (c) the unavailability or inaccessibility of any website or service; (d) unauthorized intervention in any part of the entry process or the Promotion; (e) printing, typographical, electronic or human errors, which may occur in the offer or administration of the Promotion or the processing of entries; or (f) any injury or damage to persons or property, including but not limited to entrant’s computer, which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Promotion, or from viewing, playing or downloading any material from Sponsor’s website(s), regardless of whether the material was prepared by Sponsor or a third party, and regardless of whether the material is connected to Sponsor’s websites by a hypertext link.
11. DISPUTES. Entrant agrees that: (a) JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration only, and shall in no event be commenced as a class arbitration or a consolidated or representative action or arbitration unless your dispute involves a mass arbitration for which JAMS Mass Arbitration Procedures and Guidelines apply. All issues shall be for the arbitrator to decide, including the scope of this Provision.; The JAMS Comprehensive Arbitration Rules & Procedures, JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases, and JAMS Mass Arbitration Procedures and Guidelines will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action or representative action procedures or rules apply to the arbitration. However, if JAMS Mass Arbitration Procedures and Guidelines apply to the arbitration, JAMS may batch, consolidate, or otherwise group individual arbitrations in accordance with its Mass Arbitration Procedures and Guidelines; (b) Because the Promotion concerns interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit; (c) Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or if required by applicable law. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA or other applicable law, and may be entered in any court having jurisdiction over the parties for purposes of enforcement. (b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees; and (c) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim punitive, incidental, consequential, and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU; (d) Location of Arbitration – Subject to applicable law, you or the Company may initiate arbitration in either Palm Beach County, Florida or the federal judicial district that includes your billing address; (e) Payment of Arbitration Fees and Costs – the Company will pay all arbitration filing fees and JAMS hearing fees and any arbitrator’s hearing fees, costs and expenses upon your written request to the arbitrator given at or before the first evidentiary hearing in the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys/lawyers or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with the Company as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator; (f) 14.5 Class Action Waiver. Except as otherwise provided in this Provision (including the possible application of JAMS Mass Arbitration Procedures and Guidelines), the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, representative action, or private attorney general action) unless both you and the Company specifically agree to do so in writing following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other entrant in the Promotion can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above; (g) 14.6 No Judge or Jury in Arbitration. Arbitration does not involve a judge or jury. You understand and agree that by entering into these Terms you and the Company are each giving up the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and the Company might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived; (h) All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant or Sponsor in connection with the Promotion shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules of provisions (whether of the State of New York the United States, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York; (i) Severability. If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable, and the Dispute will be decided by a court. (j) Continuation. This Provision shall survive the termination of your service with the Company or its affiliates. Notwithstanding any provision in these Terms to the contrary, we agree that if the Company makes any change to this Provision (other than a change to the Notice Address), you may reject any such change and require the Company to adhere to the present language in this Provision if a dispute between us arises.
12. DATA COLLECTION. Information collected in this Promotion will be administered by Sponsor in accordance with its Privacy Policy, located at https://www.celsius.com/privacy-policy/.
13. OFFICIAL RULES. These Official Rules are available at www.celsius.com/paul-tyson-official-rules/ or by sending a self-addressed envelope to “Jake Paul vs. Mike Tyson Fight Giveaway Experience – Rules Request.” c/o Celsius, Inc. 2424 N. Federal Hwy., Boca Raton, FL 33431.
14. WINNERS LIST. To request a list of winners, send a self-addressed postage-stamped envelope to “Jake Paul vs. Mike Tyson Fight Giveaway Experience – Winner List Request,” c/o Celsius, Inc. 2424 N. Federal Hwy., Boca Raton, FL 33431. Requests must be received by December 27, 2024.
15. SPONSOR. The sponsor of the Promotion and the address at which the Sponsor may be contacted is Celsius, Inc. 2424 N. Federal Hwy., Boca Raton, FL 33431.