Complete Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. Void where prohibited or restricted by law.
1. ELIGIBILITY: This Promotion is sponsored by Phusion Projects, LLC (the “Sponsor”). Open to legal residents of the fifty United States or District of Columbia who are 21 years old or older. Void where prohibited. Persons in any of the following categories are not eligible to participate: employees, officers and directors of Sponsor, their respective subsidiaries, affiliates, or divisions, and the advertising and promotional agencies, and independent contractors, agents, assigns and brand/company ambassadors of any of the above organizations (hereinafter referred to, including Sponsor, as the “Promotion Entities”), any alcohol beverage licensee (whether a manufacturer, distributor or retailer) and the immediate families (parents, spouse, children, siblings including foster and step-relations), or persons, whether related or not, living in the same household as any of the individuals in the preceding categories.
AGREEMENT BY ENTRANT: All participation in this Promotion shall be governed by these Official Rules. By participating, Entrants agree to be bound by these Official Rules and all decisions of the Sponsor, which are final and binding in all matters. The information you provide will be used as stated herein, and for purpose of this Promotion, in accordance with Sponsor’s privacy policies at Privacy Policy.
2. PROMOTION PERIOD: The Promotion begins on or about January 1, 2024 and ends on or about March 31, 2024 (“Promotion Period”).
3. HOW TO ENTER: During the Promotion Period, an eligible participant (“Entrant”) may enter to win by:
Limit one (1) entry per person, regardless of the method of entry. Multiple entries per person or any use or suspected use of artifice, bots, robotic, repetitive, automatic, programmed or similar entry methods or agents (including, but not limited to sweepstakes entry services/clubs) are prohibited: any Entrant using/benefitting from such methods will be disqualified and their entries voided. Proof of entry submission is not proof of receipt or eligibility for this Promotion.
4. SELECTION OF WINNERS. Winners will be selected in a random drawing conducted by Sponsor or its representative on or about April 1, 2024 from all eligible entries received. Odds of winning depend on the number of eligible entries received.
5. PRIZES: A total of Five (5) winners will be selected at random. Each winner will receive two (2) 2-day general admission tickets to Spring Race Weekend at Talladega Superspeedway in Lincoln, Alabama, scheduled to take place on 4/20/24 – 4/21/24, a $1000 Visa giftcard to use for travel expenses, and official Four Loko merchandise. Approximate retail value (ARV): $2000. Any difference between the stated ARV and actual value will not be awarded. Winner is solely responsible for any local, state, and federal taxes, if any, and any other expenses, fees and/or costs incurred in claiming or using the prize. Potential winner will be notified on or about April 1, 2024 by an email or direct message from Sponsor to the account used to submit Entry. Potential winner must respond within (24) hours of the time he or she was contacted. Winner will be required to provide mailing address within twenty-four (24) hours of receiving the email from Sponsor. In the event of noncompliance, if a potential winner cannot be reached or if a potential winner does not respond to Sponsor’s message within the required time limits, or if a prize or prize notification is returned as unclaimed or undeliverable for whatever reason beyond the control of Sponsor, the prize will be forfeited and an alternate winner will be selected. Please allow up to 10 days to receive your prize via a shipping carrier to be selected by the Sponsor.
6. DISCLAIMER & RELEASE OF LIABILITY: Promotion Entities are NOT responsible for any: (a) technical, equipment or human failure, malfunctions or error, lost/delayed data or voice transmission, omission, communication disruption, lack of coverage, interruption, deletion, defect, line failures of any telephone/cell phone network, computer equipment, software, inability to access Instagram or any online service or website or to complete a telephone call or transaction, stored information, or any injury or damage to participant’s or any other person’s device, phone, computer or equipment related to or resulting from participation in this Promotion; (b) force majeure, governmental action, or any other events or situations beyond the reasonable control of any of the Promotion Entities; or (c) illegible, lost, late, incomplete, stolen, misdirected (including into spam/junk folders), postage due, returned, or undeliverable entries, texts, email or postal mail or any other Promotion related communications. If any situation of whatever nature impairs the administration, security, safety, fairness, integrity or proper play of the Promotion or element thereof in whole or in part, Sponsor may, in its sole and absolute discretion, suspend, cancel or terminate the Promotion immediately, without prior notice. Sponsor and the Promotion Entities are not liable for errors, printer errors, or issuance of any inaccurate announcements, notifications or misprinted or irregular marketing materials or communications.
By entering and participating in the Promotion or any part thereof, participants agree to release, defend, indemnify and hold harmless the Sponsor and all other Promotion Entities, and each of their respective directors, officers, affiliates, parents, subsidiaries, representatives, employees and agents (“Released Parties”) from and against any and all alleged or actual claims (including without limitation personal and bodily injury, wrongful death and disability, property damage), actions, demands, settlements (whether or not litigation is commenced), judgments, losses, liabilities, damages, harm, injuries, costs and expenses (including without limitation reasonable attorney’s fees) whatsoever, including, without limitation, property damage, personal injury (including without limitation, pain and suffering and/or emotional distress) and/or death, violation of publicity rights, defamation or invasion of privacy (collectively “Claims”) arising from or related, in whole or in part, to participation in this Promotion, any Promotion related activity (including but not limited to travel to/from the Location and/or participation in Promotion and/or prize related activities), delivery, mis-delivery, acceptance, possession, use or misuse of a prize, whether or not caused in whole or in part by the negligence of the Promotion Entities and/or their agents. In no event will Promotion Entities, their parents, affiliates, subsidiaries and related companies, their advertising or promotion agencies and/or all of their respective officers, directors, employees, independent contractors, representatives and agents, be responsible or liable for any damages or losses of any kind, including indirect, incidental, consequential or punitive damages, arising out of or relating to your participation in this Promotion or prize related activities, or access to, and use of, any participating mobile applications or internet site(s) or the downloading from and/or printing material downloaded from said internet site(s). By entering and/or accepting a prize, entrants and any winner covenant, to the fullest extent permitted by law, not to sue any Released Party or cause them to be sued regarding any matter released above, and not to disaffirm, limit or rescind this release in any manner whatsoever. A waiver by one or more of the Promotion Entities of any term in these official rules does not constitute a waiver of any other provision. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision.
By participating in the Promotion and/or accepting a prize, participants and winner consent (and agree to confirm such consent in writing except where prohibited by law) to the Promotion Entities’ use of his/her name, likeness, image, photograph, video, and/or biographical information in any and all media now known or hereinafter developed for trade, advertising and/or publicity purposes with no right of review and at no additional compensation.
7. DISPUTES: By participating or accepting a prize (if applicable), entrants agree that: (a) any and all disputes, claims and causes of action arising out of, or connected with, this Promotion or any prize shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate federal, state or local court located in the State of Illinois; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including but not limited to costs associated with entering this Promotion, but in no event attorneys’ fees; and (c) to the extent allowed by applicable law, under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental and/or consequential damages and/or any other damages, other than out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrants’ rights and obligations, or the rights and obligations of the Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Illinois, without giving effect to any choice of law or conflict of law rules (whether of Illinois or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than Illinois.
8. WINNERS LIST: For the name of the winners, send a self-addressed sufficiently U.S. stamped envelope to: Four Loko 2024 Racing Sweepstakes Promotion Winner’s List, 620 N. LaSalle St., Suite 700, Chicago, IL 60654. Limit one request per person, or household. Requests must be received by June 1, 2024.
SPONSOR: Phusion Projects, LLC, Chicago, IL.