OFFICIAL RULES

"12 Days of Giveaways" presented by MAPCO and Celsius

Published 11/01/22


NO PURCHASE NECESSARY. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. MUST BE LEGAL RESIDENT OF THE U.S., 18 OR OLDER TO ENTER.

 

ADMINISTRATOR:  The Contest is administered by MAPCO Express Inc. (“Administrator”), with its principal place of business at 801 Crescent Center Suite 300, Franklin, TN 37067.


1. Eligibility:  The “12 Days of Giveaways” is open to: i) permanent legal residents of the states of Mississippi, Tennessee, Arkansas, Georgia, Kentucky and Alabama  who are eighteen (18) years of age or older (or the age of majority in their respective jurisdiction of residence), and ii) are MY Reward$ members at the time of entry (each, an “Entrant”). Entrants receiving prizes in excess of $600 must have a unique, personal and valid social security number for Sponsor (defined below) to report the tax liability associated with acceptance of the associated prize. Valid social security numbers will be determined by Internal Revenue Service (“IRS”) requirements as further defined in the “PRIZE CLAIMS” section of these Official Rules. Employees and their immediate family members (parents, children, siblings or spouse, regardless of where they live, or persons living in the same household, whether related or not) of MAPCO Express, Inc. (“Sponsor”) are not eligible to participate. The Contest is subject to all federal, state, and local laws and regulations and is void outside the states of Mississippi, Tennessee, Arkansas, Georgia, Kentucky and Alabama and wherever else restricted or prohibited by law. By entering this Contest, Entrants indicate their full and unconditional agreement to, and acceptance of, these Official Rules and the decisions of the Sponsor, which are final and binding in all respects. Winning a prize is contingent upon fulfilling all requirements set forth herein.


2. Sponsors:  Celsius Holdings, Inc., 2424 North Federal Highway, Suite 208 Boca Raton, FL 33431.


MAPCO Express, Inc., 801 Crescent Centre Drive, Suite 300, Franklin, TN 37067


The Contest is not sponsored by or associated with Instagram.


3. Agreement to Official Rules:  Participation in the Contest constitutes your full and unconditional agreement to these Rules. Administrator’s/Sponsor’s decisions are final and binding in all matters related to this Contest. Winning a prize is contingent upon fulfilling all requirements set forth in these Rules.


4. Timing:  The Contest begins on Nov 1, 2022 at 12:00am Central Time (CT) and ends on Dec 23, 2022 at 11:59pm Central Time (CT) (the “Contest Period”). The Contest will be divided into twelve (12) entry periods (each an "Entry Period"). Each Entry Period will begin at 12:00 AM ET each day and end at 11:59 PM ET throughout the Contest Period.


5. How to Enter:

Participation Requirements : To participate you will need an Instagram account. Creating an Instagram account is free but is subject to its Terms of Service and Privacy Policy.


Entry Requirements : To enter, during the Contest Period, take the following actions to receive one (1) Contest entry:


( 1) Create a photo or video featuring your best holiday hack (the “Contest Submission”).


(2) If you are an adult (at least 18 years old in most states, and at least 19 years old if you live in Alabama), you may include others in your video, with some restrictions (see Permissions requirements below). However, you must be the author of all the content presented in the video.


(3) Post your photo or video (“Submission”) on Instagram and include #FuelYourCheer and #Contest at the beginning of your Instagram caption. Tag @mapcomart and @celsiusofficial in the post.


Your account settings must remain public during the Contest Period and until the prizes are awarded (as described in Section7)


You must not change your Instagram handle during the Contest Period and until the prizes are awarded (as described in Section 7).


By posting your Submission on Instagram, you agree that it meets these entry requirements and the permissions and content restrictions stated below. Where, in the Sponsor’s sole discretion, your Submission meets all requirements, your Submission will be deemed one (1) entry

Permissions: You must have permission from any recognizable individuals who appear in the Submission to use their names and likenesses in the Submission, and to grant the rights listed in these Rules. You must be able to provide evidence of such permissions or proof in a form acceptable to Sponsor, if needed.


You may include other adults after securing their permission, but you may only include minors if you are the minor’s parent or guardian.


Contest Restrictions:



Limit:  You may upload only one (1) Submission - Any additional Submissions received from you will be void. Submissions generated by script, bot, macro, or other automated means are void. Multiple Entrants are not permitted to share the same Instagram account. Any attempt to obtain more than the one (1) entry by using multiple/different Instagram accounts, identities, registrations and logins, or any other methods will void your Submissions and you may be disqualified. In the event of a dispute about any Submission, the authorized account holder of the Instagram account used to enter the Contest will be deemed to the be the Entrant. Entrants may be required to show they are the authorized account holder. Released Parties (as defined in Section 10 below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled , delayed or misdirected Submissions or failure to receive Submissions due to limitation of third-party social network platforms, all of which will be void.


6. Entrant Rights in Submissions : Unless you win and accept a prize (as described below) in the Contest, you will retain any intellectual property right you may have in your Submission. The protection of any such intellectual property is your sole responsibility. If you win and accept a prize, the terms of Section 12 will apply, and Sponsor will own the intellectual property rights in your Submission.


7. Winner Determination: During each Entry Period, a panel of judges chosen by Sponsor in its sole discretion will select one (1) Entrant with the highest scoring Submission s (the “Potential Winners”) from among all eligible Submissions, based on the following “Judging Criteria”:



The Entrant with the highest-scoring Submission will be offered the Daily Prize. In the event of a tie, the entrant whose Submission receive s the highest score for ingenuity and creativity and overall ability to have fun with their own holiday hack as determined by the judges in their sole discretion , will be deemed the applicable Potential Winner from among the tied entrants. Sponsor will not disclose judging scores.


The Potential Winners will be notified by direct message and/or comment to Submission post via Instagram and will also be posted on Administrator’s Instagram account. Failure to respond to the message notification within three (3) days will be deemed forfeiture of the Prize and an alternate Potential Winner may be selected at Sponsor’s sole discretion, to the entrant who had the second to the highest overall score using the Judging Criteria set forth above.


8. Winner Requirements : The day after each Entry Period, Potential Winners will be notified by @mapcomart through Instagram only, and will be directed to a secure online claim form and asked to provide a name, mailing address, completed W-9 form and date of birth to confirm eligibility and for prize fulfillment purposes within three (3) days of the date that notice or attempted notice is sent to Entrant to claim the prize. The Potential Winner will be required to sign and return an Affidavit of Eligibility, Waiver of Liability, Publicity Release Forms (where legal), or a Prize Acceptance Eligibility/Liability Release, which must be received by Sponsor within four (4) days the notice or attempted notice is sent in order to claim a prize. If a Potential Winner of any prize cannot be contacted, fails to respond to the Instagram notification as directed, or fails to provide the requested information (including a signed Affidavit, where applicable) within the required time period, the Potential Winner forfeits the prize. If a Potential Winner is disqualified for any reason, the prize may be awarded to a runner-up based on the judging procedure outlined above. Sponsor will use reasonable good faith efforts to award all twelve (12) prizes by following the winner process described above. If in Sponsor’s sole discretion, it does not receive a sufficient number of eligible and qualified Submissions or is unable to award all twelve (12) prizes, Sponsor will donate any unwanted prizes to a charity of its choice.


9. Prizes and Approximate Retail Value (ARV): Twelve (12) Daily Prizes:  Twelve (12) Potential Winners (one per Entry Period) will be awarded the following prizes: Free gas for a year - each to be awarded in MAPCO gift cards totaling $2,500. PRIZES WILL BE ACCEPTED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE). Contest 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 express warranties provided exclusively by a prize manufacturer that may be sent along with a prize. All taxes, if applicable, are the sole responsibility of the winner. No prize substitution, cash substitution, or assignment or transfer of prizes is permitted, except by Sponsor for reason of unavailability in which case a prize of equal or greater value will be awarded. Limit one prize per household. Potential Winners should allow 3 to 4 weeks from notification for delivery of the prizes. The total ARV of all prizes available to be won is $30,000. All prizes awarded are subject to verification of eligibility and compliance with these Official Rules.


10. Release : By accepting receipt of any prize, Potential Winner agrees to release and hold harmless the Sponsor, Instagram and their respective parent companies, subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees, and agents(collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Content or receipt or use or misuse of any prize.


11. Publicity:  Acceptance of any prize shall constitute and signify each Potential Winner’s agreement and consent that Sponsor and its designee may use, but are not required to use, the winner’s name, city, state, likeness, photo (including winner’s profile photo), Submission, and/or prize information in connection with the Contest for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet without limitation and without further payment, notification, permission or other consideration, except where prohibited by law.


12. Ownership of Winning Submissions:  Each Potential Winner shall irrevocably grant, transfer, convey and assign to Sponsor the entirety of the rights in and to the winning Submission including all publicity rights contained therein, and all renewals and extensions of copyright, and the right to secure copyright registrations thereto in perpetuity including, without limitation, the rights to use the Submission for any and all purposes in any and all media whether now known or hereafter developed, on a worldwide basis, in perpetuity. Each Potential Winner accepts and acknowledges that Sponsor shall not be obligated to use the Submission and that Sponsor in its sole discretion shall have the right to refrain from using the Submission. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder. Each Potential Winner will indemnify Sponsor, Released Parties and any licensee of Sponsor against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these terms.


13. General Conditions:  All federal, state and local taxes are the sole responsibility of Potential Winners.


Sponsor is not responsible for any typographical or other errors in the printing, the offering, the announcement of any prize, or in the administration of the Contest. Sponsor reserves the right, in its sole discretion to modify, terminate or suspend this Contest at any time . Furthermore, Sponsor may suspend or terminate Contest should viruses, bugs, technical errors, unauthorized human intervention or other similar causes corrupt or impair the administration, security or fairness of the Contest (“Disruption”). If the Contest is subject to Disruption, Sponsor may award (as applicable) the Prizes via application of the Judging Criteria to those eligible Submissions received up to the time of the Disruption. Sponsor is not responsible for interrupted or unavailable network, server or other connections, miscommunications, failed telephone, computer hardware, software and other technical failures of any kind, including injury or damage to any person’s device relating to or resulting from participating in or experiencing any materials in connection with the Contest. Sponsor is not responsible for any human error that may occur in the processing of the Content, nor is it responsible for any error, omission, interruption, deletion, defect, communications line failure, theft or destruction of, unauthorized access to, delay in operation, transmission, or distribution of, or alteration of, entry, whether caused by the entrant, or otherwise, any of the equipment or programming associated with or utilized in this Contest, or otherwise. Sponsor reserves the right, in its sole discretion, to disqualify any individual found to be tampering with the entry process or the operation of the Contest; to be acting in violation of these rules; or to be acting in an unsportsmanlike or disruptive manner or with intent to annoy, abuse, threaten or harass any other person. Any use of robotic, automatic, programmed or similar entry methods will void all such Entries and Entrant will be disqualified. Any attempt by any Entrant to submit Entries using multiple/different identities or any other methods will void all such Entries, and that Entrant will be disqualified. Entries generated by script, macro or other automated means or which subvert the entry process are void. If there is a dispute, all Entries will be deemed to have been submitted by the owner of the email account holder associated with registration of the Instagram account for that entry.  For these purposes, an email account holder means the natural person assigned to such email account by the organization responsible for assigning email addresses for the associated domain.  INTERNET CAUTION: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR APPLICATION OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING CRIMINAL PROSECUTION.  Neither the failure of Sponsor to insist upon or enforce strict performance of any provision of these Official Rules nor the failure, delay or omission by Sponsor in exercising any right with respect to any term of these Official Rules, will be construed as a waiver or relinquishment to any extent of Sponsor’s right to assert or rely upon any such provision or right in that or any other instance.


14. Limitations of Liability:  Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, typographical or other errors, or by any of the equipment or programming associated with or utilized bin the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the Submission process or the Contest; (4) typographical, technical, computer network or human error which may occur in the administration of the Contest, the uploading, the processing or judging of Submissions, the announcement of the prizes or in any Contest-related materials; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use or misuse of any prize. Released Parties are not responsible for misdirected or undeliverable Submissions or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled, and/or delayed computer transmission. Released Parties are not responsible for any unauthorized third party use of any Submission.


15. Choice of Law:  Entrants agree that any and all disputes, claims, and causes of action arising out of, or connected with, the Contest or the prizes awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Tennessee. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, an Entrant’s rights and obligations, or the rights and obligations of Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of Tennessee, without giving effect to any choice of law or conflict of law rules (whether of Tennessee or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than Tennessee. Entrants agree that: (i) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event will attorney fees be awarded or recoverable; (ii) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to seek, punitive, incidental, exemplary, consequential, special damages, lost profits, other damages, and/or any rights to have damages multiplied or otherwise increased; and (iii) Entrant’s remedies are limited to a claim for money damages (if any) and he/she waives any right to seek injunctive or equitable relief.


Any and all claims, judgments and awards will be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees; and under no circumstances will any Entrant be permitted to obtain awards for and hereby waives all rights to claim punitive, incidental, special, 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.


16. Winners List:  For the name of the prize winners or a copy of these Official Rules, please submit a self-addressed, stamped envelope by December 31, 2022 , to “12 Days of Giveaways”, 801 Crescent Centre Drive, Suite 300, Franklin, TN 37067.


17. Privacy Policy  Information collected from entrants will be used solely for the purpose of administering this Contest. No further marketing communications will be sent by Sponsor to the entrants unless entrants provide Sponsor with permission to do so. Please see Sponsor’s Privacy Policy at  https://www.mapcorewards.com/privacy for further information.


This Promotion is in no way sponsored, endorsed or administered by or associated with Instagram .  You understand that you are providing your information to Sponsor and not to Instagram.