THE 5-hour ENERGY® ULTIMATE FAN FOOTBALL SWEEPSTAKES
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.

By participating in The 5-hour ENERGY® Ultimate Fan Football Sweepstakes (the "Sweepstakes"), each Entrant ("Entrant") unconditionally accepts and agrees to comply with, and abide by these Official Rules (the "Official Rules") and the decisions of Living Essentials, LLC (the "Sponsor") and US Sweepstakes & Fulfillment Company (the "Sweepstakes Administrator"), which shall be final and binding in all respects.

SWEEPSTAKES ENTRY PERIOD: The Sweepstakes begins at 12:00:01 AM Eastern Time (“ET") on Saturday, July 1, 2023 and ends at 11:59:59 PM ET on Tuesday, October 31, 2023 (the “Sweepstakes Period"). Sponsor's computer is the official timekeeping device for this Sweepstakes.

ELIGIBILITY: The Sweepstakes is open to legal residents of the 50 United States, including the District of Columbia, and Canada (excluding Quebec), who are age 18 or older and the age of majority in their state or province of residence (19 and older in Alabama, Nebraska, British Columbia, Nova Scotia, New Brunswick, Northwest Territories, Yukon and Nunavut; 21 and older in Mississippi) at the time of entry. Void in Puerto Rico, Quebec, Guam, the U.S. Virgin Islands, all other U.S. Territories and Possessions, outside the U.S. and Canada, and wherever else prohibited by law. Employees of the Sponsor, Sweepstakes Administrator, and their respective subsidiaries, affiliates, shareholders, directors, officers, members, successors, agents, advertising and promotion agencies, and the immediate family members (spouses, parents, children, and siblings and their spouses) of, and/or those living in the same household of each, are not eligible to enter. Fanatics Retail Group Fulfillment, LLC, Fanatics Apparel, LLC, Fanatics Retail Group Concessions, LLC, Fanatics Retail Group North, LLC, Fanatics, LLC, and each of their respective subsidiaries, affiliates, shareholders, officers, directors, agency, representatives and employees (collectively, the “Fanatics Entities") are also not eligible to enter. The Sweepstakes is subject to all applicable federal (both United States and Canada), state, provincial and local laws and regulations.

HOW TO ENTER:

    There are two (2) ways to enter.
  1. Method #1: Purchase Entry.
    • Step One: During the Sweepstakes Period, purchase either one (1) single 5-hour ENERGY® product (bottle or can) or any one (1) multi-pack 5-hour ENERGY® product (bottle or can) (the "Qualifying Product").
    • Step Two: Collect your original, itemized, store-identified purchase receipt dated between July 1, 2023 and October 31, 2023 and underline, circle or otherwise highlight the Qualifying Product on the receipt (the “Receipt"). Keep your Receipt. Sponsor reserves the right to require a participant to provide original Receipt for verification purposes upon request.
    • Step Three: Take a photo of the Receipt (the “Receipt Photo"). The Receipt Photo must clearly show store where purchased, purchase date and the Qualifying Product purchased. Receipt Photo must be in .jpg or .png format and should be no larger than 5 megabytes (5MB).
    • Step Four: Visit the Sweepstakes Website by visiting 5HEWIN.COM (the “Sweepstakes Website"), complete the entry form, including, but not limited to, your full name, email address, phone number and the name of the store where you purchased the Qualifying Product, follow the instructions to upload the Receipt Photo and submit to receive one (1) entry into the Sweepstakes (each a “Purchase Entry"). After receiving a Purchase Entry, the Sweepstakes Website will ask if you would like to submit an additional Receipt to receive an additional Purchase Entry. To submit an additional Receipt and receive an additional Purchase Entry, follow the instructions to provide the name of the store where you purchased a separate Qualifying Product and upload that Qualifying Product’s Receipt Photo to receive an additional Purchase Entry (collectively, the “Purchase Entries"). You may repeat this process to receive up to five (5) Purchase Entries per day with a limit of fifty (50) total Purchase Entries per person during the Sweepstakes Period. Each Receipt submitted must be unique and there is a limit of one (1) Purchase Entry per unique Receipt, regardless of the number of Qualifying Products indicated on the Receipt. Entrants attempting to gain a Purchase Entry by submitting a Receipt that has already been submitted to the Sweepstakes will be disqualified. Only valid Receipts and Receipt Photos will be accepted and are subject to verification and will not be returned.

    Purchase Entries must be received between Saturday, July 1, 2023 at 12:00:01 AM ET and Tuesday, October 31, 2023 at 11:59:59 PM ET.

  2. Method #2: Free, Alternate Method of Entry (“Mail-In Entry"): To enter without purchase, clearly hand-print your name, complete address, email address and phone number on a sheet of paper and mail that sheet of paper in an addressed envelope with proper postage to the applicable address indicated below:
    • U.S. Residents may mail to: The 5-hour ENERGY® Ultimate Fan Football Sweepstakes, PO Box 776, Social Circle, GA 30025-776.
    • Canada Residents may mail to: US Sweepstakes & Fulfillment, ATTN: 5-hour ENERGY® Ultimate Fan Football Sweepstakes, 17-7000 McLeod Road, Unit 135, Niagara Falls, ON L2G 7K3.

    3. You may repeat this process to receive up to five (5) Mail-In Entries per day with a limit of fifty (50) total Mail-In Entries per person during the Sweepstakes Period. Each Mail-In Entry must be mailed separately and must be postmarked between Saturday, July 1, 2023 and Tuesday, October 31, 2023 and received by Tuesday, November 7, 2023.

Purchase Entry and Mail-In Entry are collectively referred to herein as “Entry" or “Entries". Photocopied, illegible, or mechanically reproduced entries are not eligible. All entries become the property of the Sponsor and will not be returned or acknowledged. Sponsor is not responsible for lost, late, damaged, misdirected or postage-due mailed entries. All methods of entry have an equal chance of winning. Entrants are subject to all notices posted online including, but not limited to, the Privacy Policy at https://5hourenergy.com/privacy-notice/.

FANATICS COUPON OFFER: Eligible Entrants who submit their first eligible and valid Purchase Entry, will receive one (1) 20% Off Coupon Code that can be used on Fanatics.com or Fanatics.ca (the “Coupon"). The Coupon will be sent to the Entrant via email within four (4) business days of submitting their first eligible and valid Purchase Entry. Invalid receipts/entries and Mail-In Entries do not qualify for the Coupon. There is a limit of one (1) Coupon per person. Coupon is not valid in Quebec. Coupons are not redeemable for cash and cannot be reproduced, modified, sold, traded, refunded or replaced. Coupon will not be replaced if lost or stolen. Coupons are subject to the issuing company’s complete terms and conditions, including expiration dates. Coupons are valid only while supplies last. Coupon expires on April 30, 2024 at 12:00:00 PM ET. Coupon offer excludes on sale, limited quantity, recent playoff, championship, special event, and race winning product; signed memorabilia; products under the following brands: Under Armour, Alex and Ani, Dooney & Bourke, Lillie Bee, Lionel, Vera Bradley, and Yeti; select Nike products; die cast; and show tickets. Other brands or merchandise (based on availability or other factors) may be excluded. Coupon not valid for gift codes, gift cards, certificates or taxes. Coupon is not valid on previous purchases or returns. Coupon cannot be combined with other promotions or discounts. Coupon offer may be modified or terminated at any time without notice. All purchases are subject to fanatics.com or fanatics.ca Terms of Use or equivalent. Free shipping (if applicable on orders reaching any stated dollar minimum) valid in Continental U.S., US Territories and APO/FPO for eligible merchandise only. FanCash is earned on the purchase amount after all applicable discounts are applied and before tax is applied. FanCash will be automatically credited to your account after every eligible purchase. To earn and redeem FanCash you must have a registered customer account with a valid email address. FanCash expires at 11:59 PM EST 12/31 of the year in which it was earned, unless otherwise specified at the time of earning. Offer may be modified or terminated at any time without notice. All purchases are subject to Fanatics.com or Fanatics.ca Terms of Use or equivalent. Any and all expenses incidental or related in any way to Entrants’ acquisition and use of Coupon Codes are the sole responsibility of Entrants.

PRIZE/APPROXIMATE RETAIL VALUE (“ARV")/ODDS: There is one (1) Grand Prize available to be won. One (1) Grand Prize winner will receive a trip package for four (4) people, Grand Prize winner and three (3) guests (each, a “Guest" or collectively “Guests"), to attend a professional regular season football game (played in the contiguous U.S.) of Grand Prize winner’s choice for either the 2023-24 season or 2024-25 season. Grand prize trip package includes:

  • Four (4) tickets to one (1) professional regular-season football game (played in the contiguous U.S.) of Grand Prize winner’s choice for either the 2023-24 season (excluding games prior to December 1, 2023) or 2024-25 season (the “Football Game").
  • Round-trip, coach-class air transportation for Grand Prize winner and three (3) Guests to the nearest major U.S. airport to the Football Game location from a major airport within the 50 U.S. and Canada nearest to the Grand Prize winner’s residence as determined by the Sponsor or its designee in its sole discretion.
  • Two (2) nights first-class hotel accommodations ((One (1) room with quad-occupancy)) at a hotel of Sponsor’s choice.
  • Round-trip car transfers to/from destination airport and hotel.
  • Round-trip car transfers to/from hotel and Football Game.
  • $500 USD pre-paid bank gift card.

The ARV of Grand Prize: $9,800 USD. The ARV may vary based upon dates of travel and point of departure. The difference between the ARV and actual value of the Grand Prize will not be awarded. Odds of winning will depend upon the total number of eligible Entries received. Each Guest must be legal U.S. or Canada resident, 18 years or older and the age of majority in his/her state or province of residence, unless Guest is a child of the Grand Prize winner. Each Guest must complete and return a Travel Companion Liability & Publicity Release prior to travel as noted below. If a Guest is deemed a minor in his or her state or province of primary residence, Grand Prize winner must be minor Guest's parent or legal guardian and must execute the Travel Companion Liability Release on the minor Guest’s behalf, as applicable.

RANDOM DRAWING: The potential Grand Prize winner will be selected in a random drawing on or about Thursday, November 9, 2023 from among all eligible Entries received during the Sweepstakes Period by the Sweepstakes Administrator, an independent representative of the Sponsor whose decisions are final.

WINNER NOTIFICATION & VERIFICATION: The Potential Grand Prize winner will be notified by the Sweepstakes Administrator via email and/or phone, and will be required to sign and return, within five (5) days of notification, an Affidavit of Eligibility, a Liability Waiver, and where allowable, a Publicity Release (collectively, "the Releases"), or, if winner resides in Canada, a Declaration and Release Form (the “Declaration"). Guests will also be required to sign a Travel Companion Liability & Publicity Release. Noncompliance will result in disqualification and an alternate winner will be selected. Only two (2) alternate drawings will be held, after which the unclaimed prizes will remain unawarded.

If Grand Prize winner is a U.S. resident, he or she will be required to complete and return an IRS W-9 Form and furnish his/her Social Security Number for the sole purpose of tax reporting, as required by law. Noncompliance will result in disqualification and an alternate winner may be selected.

If Grand Prize winner is a Canadian resident, then he/she will be required to correctly answer a skill-based mathematical test question without mechanical or other aid (which may, in the sole and absolute discretion of the Sponsor or its designee, be administered online, by email or other electronic means, by telephone, or in the Sponsor’s form of Declaration and Release) within a limited time-period in order to be eligible to receive his or her prize. Not providing the answer within the required time period, providing an incorrect or incomplete answer, or noncompliance with the terms of administration of the skill-testing question will result in disqualification of the potential winner and an alternate winner may be selected. Without limiting the generality of the forgoing, the Sponsor reserves the right, in its sole and absolute discretion, to administer or cause to be administered an alternate test of skill as it deems appropriate based on the circumstances and/or to comply with applicable law. Canadian winners are solely responsible for any applicable tax reporting to the appropriate authority.

If a prize notification or prize is returned as undeliverable, or if winner is found to be ineligible or not in compliance with these Official Rules, that winner will be disqualified, and the Grand Prize may be awarded to an alternate winner in a separate random drawing. If the Sweepstakes Administrator is unable to determine and verify a potential winner after repeated alternate drawings or if Sponsor fails to receive a sufficient number of entries to correspond to the number of prizes available to be awarded, Sponsor reserves the right to not award such prize(s).

PRIZE CONDITIONS: The Grand Prize is not redeemable for cash, assignable, transferable and may not be substituted except at Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize of equal or greater value at its discretion. Any other incidental expenses on Grand Prize not specified herein are the winner’s sole responsibility.

All travel related expenses, including but not limited to, ground transportation to and from home, taxes, gratuities, incidentals, upgrades, insurance, service charges, airport surcharges, departure taxes, hotel, resort or property fees, luggage fees, food & beverage and personal expenses are the sole responsibility of Grand Prize winner and/or Guests. Any person that participates in the trip that is not deemed to be a Guest must pay his/her own expenses. Grand Prize winner and Guests must travel on same itinerary. Grand Prize winner and Guests must have valid photo ID and/or valid Passport and any other required documentation prior to departure. Prize must be used on dates specified or prize will be forfeited. Dates are subject to change. Travel is subject to availability. Trip must be booked one (1) month in advance and is only available until the end of the regular NFL 2024-2025 season. Travel arrangements must be made through an agent of the Sponsor and on an airline carrier of Sponsor’s choice, if applicable.

Grand Prize winner and Guests must agree to abide by all air carrier, hotel, venue, transportation, and any other prize-related activity rules and regulations in effect, which may include providing proof that Grand Prize winner and Guest have been fully vaccinated against COVID-19. Failure to do so may result in forfeiture of prize and no other substitution or compensation will be provided in lieu thereof.

Sponsor will, in its sole discretion, determine which airport is closest to the Grand Prize winner’s home. In the event the Grand Prize winner’s residence is close enough to Football Game’s location, such that air transportation is deemed by Sponsor in its sole discretion to be unnecessary, the Grand Prize will not include air transportation from such Grand Prize winner’s residence and no other substitution or compensation will be provided in lieu thereof. The Grand Prize winner and Guests are responsible for obtaining any travel insurance (and all other forms of insurance) that they may wish to obtain (at their own expense) and hereby acknowledge that the Sponsor has not and will not obtain or provide travel insurance or any other form of insurance.

Photo identification and credit card or cash deposit may be required at any time for incidental charges (e.g., room service, use of telephone/IT services, laundry and all other optional extra services not provided in the Grand Prize). If Grand Prize winner elects to travel or partake in the Grand Prize with less than three (3) Guests, no additional compensation will be awarded. All hotel reservations are based on availability and all holidays are excluded. Accommodations are subject to availability at time of reservation. Blackout dates, advance booking requirements and travel restrictions may apply. Availability is subject to factors such as weather, seasonality and space availability. Reservations are subject to availability. If weather or other incident or conditions beyond the control of the Sponsor affects the ability for Grand Prize winner and Guests to redeem any portion of prize during the scheduled date and time, then the Sponsor shall have no further obligation to the Grand Prize winner and/or Guests other than to supply the remaining elements of the prize package minus the unused portion of prize. Sponsor shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels, venue operators, transportation companies, prize providers or any other persons providing any prize-related services or accommodations. Sponsor is not liable for expenses incurred as a consequence of flight cancellation/delay. No refund or compensation will be made in the event of the cancellation or delay of any transportation or other prize element except at the sole and absolute discretion of Sponsor. Travel is subject to the terms and conditions set forth in these Official Rules, and those set forth by airline carrier as detailed in the passenger ticket contract. The passenger contracts in use by the airline or other transportation companies shall constitute the sole contracts with respect to the Grand Prize winner’s and Guests’ transportation and such contracts shall be solely between the Grand Prize winner, Guests and such transportation companies. Trip components issued in connection with the Grand Prize may not be eligible for frequent flyer miles, other rewards programs or upgrades. If for any reason whatsoever, Grand Prize winner and/or Guests are unable to travel after all travel arrangements have been made and paid, the Sponsor shall have no further obligation to the Grand Prize winner. If Grand Prize is forfeited prior to Sponsor finalizing and paying for travel, and there is sufficient time to notify an alternate winner, the Grand Prize will be awarded to an alternate winner in a separate random drawing from among all non-winning eligible entries.

In the event the Grand Prize winner or a Guest engages in behavior that, as determined by the Sponsor or its designee in its sole discretion, is obnoxious or threatening, illegal, that is intended to annoy, abuse, threaten or harass any other person, or that in any way disparages or adversely affects the reputation, image, and/or customer goodwill of Sponsor (including any subsidiaries, affiliates, shareholders, directors, officers, employees, members, successors, agents, or advertising and promotion agencies thereof) or any services, products, trademarks, service marks, or logos owned or licensed by Sponsor, Sponsor reserves the right to terminate the trip early, in whole or in part, and send the Grand Prize winner and Guests home with no further obligation or compensation whatsoever to Grand Prize winner. In the event the Grand Prize winner or a Guest engages in behavior during travel that (as determined by Sponsor or its designee in its sole discretion) is illegal, tortious, or subjects winner to arrest or detention, Sponsor shall have no liability or obligation to pay any damages, fees, fines, judgments or other costs or expenses of any kind whatsoever incurred as a result of such conduct. SPONSOR (including any subsidiaries, affiliates, shareholders, directors, officers, employees, members, successors, agents, or advertising and promotion agencies thereof) SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM OR ARISING OUT OF ANY TRAVEL RELATED TO THE PRIZE OR ANY OTHER ASPECT OF GRAND PRIZE WINNER’S ACCEPTANCE OR USE OF THE PRIZE.

Sponsor is not the provider of Football Game (“Event"), which is managed or controlled by an independent third party (the “Event Sponsor"), and Sponsor has no power to manage or control the operations of Event Sponsor or any third-party provider. Sponsor makes no guarantees or warranties about Event tickets or the Event itself. The Event Sponsor and its agents or representatives shall not be treated as Sponsor’s agents for any purpose, and Sponsor is not responsible for the action or inaction of Event Sponsor, nor is Sponsor liable for any loss or penalties incurred if Event Sponsor is sold, ceases to exist, becomes inoperative, if an Event is delayed, postponed, cancelled or changed for any reason; for acts of nature; or for amenities, services and/or facilities not being available due to renovations, strikes, bankruptcy and/or acts of nature or acts of God. Event Tickets are issued subject to terms and conditions of Event Sponsor, which will be listed on the back of the Event Ticket, and subject to these Official Rules. Any additional meals, transportation or accommodation arrangements (or other incidental expenses) made in connection with redeeming the Grand Prize will be the sole responsibility of Grand Prize winner unless expressly provided herein. Unless otherwise stated, alcoholic beverages and any applicable taxes and gratuities are not included. In the case of mechanical difficulties, acts of God, equipment unavailability, athlete illness or the like, or if the Event is delayed, postponed, cancelled or changed for any reason beyond the control of the Sponsor, Sponsor's sole responsibility will be to award the remaining portion of the Grand Prize and no additional substitution or compensation will be provided. Notwithstanding anything to the contrary in these Official Rules or otherwise, Sponsor will not offer cash substitution or refunds or be liable in any way for expenses that winner incurs related to an Event, Event ticket or prize that has been cancelled by the Event Sponsor, except in Sponsor’s sole and absolute discretion.

Gift cards are not redeemable for cash and will not be replaced if lost or stolen. Gift card usage is subject to the issuing company’s complete terms and conditions, including expiration dates.

Football Game Tickets are not redeemable for cash and will not be replaced if lost or stolen. Tickets are subject to the issuing company’s complete terms and conditions.

Grand Prize winner is responsible for all federal, state, provincial, local and income taxes associated with winning prize. If Grand Prize winner is a U.S. resident, he/she will be required to furnish his/her Social Security Number for the sole purpose of preparation of tax forms as required by law.

Except where prohibited by law, entry and acceptance of Grand Prize constitutes permission to use winner's name, prize won, hometown, likeness, video recordings, photographs, and statements for purposes of advertising, promotion and publicity (including online posting) in any and all media now or hereafter known throughout the world in perpetuity, without additional compensation, notification or permission.

GENERAL: Participating entrants agree to these Official Rules and the decisions of the Sponsor, its designee(s), and the Sweepstakes Administrator, and release the Sponsor, the Sweepstakes Administrator, the Fanatics Entities, and their affiliated companies, parents, and all other businesses involved in this Sweepstakes, as well as the employees, officers, members, founders, shareholders, directors, advertising and promotion agencies, attorneys, and agents of each (the “Released Parties"), from all claims and liability relating to their participation in the Sweepstakes, and the acceptance and use/misuse of the Grand Prize offered. Entrants assume all liability for and Released Parties shall be held harmless against any liability for any injury, losses or damages of any kind to persons, including personal injury or death, or injury to property caused or claimed to be caused in whole or in part, directly or indirectly, by participation in this Sweepstakes, acceptance, possession, or use/misuse of the Grand Prize and/or Coupon Codes, or any claims based on publicity rights, defamation or invasion of privacy, or Grand Prize and/or Coupon Code delivery. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Sweepstakes or in the announcement of the Grand Prize.

In the event of a dispute over the identity of an Entrant, Entry will be deemed submitted by the "Authorized Account Holder" of the e-mail address submitted at time of Entry. Authorized Account Holder means the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Sponsor may ask any entrant or potential winner to provide Sponsor with proof, to Sponsor’s satisfaction, that such party is the authorized account holder of the email address associated with the entry. Entry materials/data that have been tampered with or altered, or mass entries or entries generated by a script, macro or use of automated devices, are void. The Released Parties are not responsible for: (i) lost, late, misdirected, damaged or illegible entries; or (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; or (iii) any injury or damage to Entrant's or any other person's computer related to or resulting from participating in the Sweepstakes. By participating in the Sweepstakes, you (i) agree to be bound by these Official Rules, including all eligibility requirements, and (ii) agree to be bound by the decisions of Sponsor, its designee(s), and the Sweepstakes Administrator, which are final and binding in all matters relating to the Sweepstakes. Failure to comply with these Official Rules may result in disqualification from the Sweepstakes.

Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor. If, for any reason, the Sweepstakes cannot be run as planned, or if Sponsor, its designee(s), or Sweepstakes Administrator detects any suspect entries or participating individuals, Sponsor may disqualify any suspect entries or individuals from the Sweepstakes and any sweepstakes it sponsors and (a) suspend the Sweepstakes and modify the Sweepstakes to address the impairment, then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; and/or (b) award the Grand Prize at random from among the eligible, non-suspect Entries received up to the time of the impairment.

THE RELEASED PARTIES ARE NOT RESPONSIBLE IF THIS SWEEPSTAKES CANNOT BE ADMINISTERED OR CONDUCTED OR ANY PRIZE CANNOT BE AWARDED DUE TO CANCELLATIONS, DELAYS, OR INTERRUPTIONS RESULTING OR ARISING FROM ACTS OF GOD, WAR, OR TERRORISM, CIVIL UNREST, STRIKES, SUPPLY SHORTAGES, NATURAL DISASTERS, WEATHER, EPIDEMICS OR PANDEMICS (INCLUDING COVID-19), COMPLIANCE WITH ANY LAW OR ORDER OF A GOVERNMENTAL AUTHORITY (INCLUDING LOCKDOWNS OR STAY-AT-HOME ORDERS), OR ANY OTHER SIMILAR ACT, EVENT, OR OCCURRENCE BEYOND THE REASONABLE CONTROL OF THE SPONSOR. BY PARTICIPATING IN THIS SWEEPSTAKES, PARTICIPANT AGREES THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SUCH SITE, AS APPLICABLE. FURTHER, THE RELEASED PARTIES SHALL NOT BE RESPONSIBLE FOR ANY CANCELLATIONS, DELAYS, DIVERSIONS, CHANGES IN SERVICE OR ACCOMMODATIONS OR SUBSTITUTIONS, OR FOR ANY ACTS OR OMISSIONS BY ANY THIRD PARTIES BEYOND ITS REASONABLE CONTROL, INCLUDING AIR CARRIER(S) AND OTHER TRANSPORTATION COMPANIES; LODGING, RESTAURANT OR OTHER HOSPITALITY PROVIDERS; ENTERTAINMENT PROVIDERS, VENUES, ATHLETES, OR ARTISTS; OR OTHER THIRD PARTY PROVIDERS SUPPLYING ANY SERVICES OR COMPONENTS OF THE PRIZE(S) TO WINNERS AND/OR THEIR GUESTS, OR FOR ANY RESULTING INJURIES, INCLUDING MONEY DAMAGES, COSTS AND EXPENSES, PROPERTY DAMAGES, PERSONAL INJURIES OR DEATH RESULTING THEREFROM.

LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS WEB SITE OR INTERFERE WITH THE OPERATION OF THE SWEEPSTAKES, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.

GOVERNING LAW AND LIMITATION OF LIABILITY: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules—or the rights and obligations of Entrants, Sponsor, its designee(s), and/or the Released Parties in connection with the Sweepstakes— will be governed by and construed in accordance with the internal laws of the State of Michigan, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.

BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS BY OR FOR ENTRANT, PARTICIPANT, GUEST, OR OTHER PARTY AFFILIATED THEREWITH (COLLECTIVELY, “ENTRANT") WILL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE BY ENTRANT; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY, AND AS LIMITED HEREIN) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.

DISPUTES: The parties hereto each agree to finally settle all disputes only through arbitration; provided, however, the Released Parties shall be entitled to seek injunctive or equitable relief in the state and federal courts in Oakland County, Michigan and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Sweepstakes shall be resolved solely by binding arbitration before a sole arbitrator under the Streamlined Arbitration Rules & Procedures of JAMS Inc. (“JAMS") or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration", then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA") or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Oakland County, Michigan. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Oakland County, Michigan. Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court in Oakland County, Michigan.

PRIVACY: As a condition of entering the Sweepstakes, each Entrant gives consent for Sponsor, and any parent, subsidiary, affiliate, or agent thereof, to obtain and deliver Entrant’s name, address and other information to third parties—including, without limitation, Sponsor’s advertising and promotion agency, applicable website administrator, and Sweepstakes Administrator—for the purpose of administering this Sweepstakes and to comply with applicable laws, regulations and rules, including, without limitation, the storing of Entrant’s personal information for purposes of complying with state record retention requirements. Any information entrant provides to Sponsor may be used to communicate with Entrant in relation to this Sweepstakes or on a Sweepstakes winner’s list. Personal information collected from Entrants are subject to the Privacy Policy at https://5hourenergy.com/privacy-notice/.

OFFICIAL RULES REQUEST: To request a copy of the Official Rules, send a self-addressed, stamped envelope by November 9, 2023, to: The 5-hour ENERGY® Ultimate Fan Football Sweepstakes Official Rules Request, PO Box 654, Social Circle, GA 30025-654.

WINNER CONFIRMATION REQUEST: For a written confirmation of the winner (available after November 9, 2023), send a stamped, self-addressed envelope (no later than December 9, 2023), to: The 5-hour ENERGY® Ultimate Fan Football Sweepstakes Winner Confirmation Request, PO Box 654, Social Circle, GA 30025-654.

SPONSOR: Living Essentials, LLC, 38955 Hills Tech Drive, Farmington Hills, MI 48331.

SWEEPSTAKES ADMINISTRATOR: US Sweepstakes & Fulfillment Company, 625 Panorama Trail, Suite 2100, Rochester, NY 14625. 1-800-620-6044

This Sweepstakes is in no way offered, administered by or sponsored by the Fanatics Entities or the National Football League. All trademarks used herein are the property of their respective owners in the United States and abroad. All rights reserved.