Diet Coke Heart Truth Contest 2013
NO PURCHASE OR PAYMENT REQUIRED TO ENTER OR TO WIN.
2. Sponsor: Contest is sponsored by Coca-Cola North America, a division of The Coca-Cola Company, One Coca-Cola Plaza, Atlanta, GA 30313. Administrator: ePrize, Inc., One ePrize Drive, Pleasant Ridge, MI 48069.
3. Agreement to Official Rules: By participating in the Contest, entrant fully and unconditionally agrees to and accepts these Official Rules, including the decisions of the Sponsor and Administrator, which are final and binding in all matters related to the Contest. Whether an entrant wins a prize is contingent upon entrant fulfilling all requirements set forth herein.
4. Timing: The Contest begins on January 22, 2013 at 12:00 a.m. Eastern Time ("ET"), ends on January 29, 2013 at 11:59 p.m. ET (the "Contest Period"), and consists of 5 daily entry periods (each an "Entry Period"), and a Grand Prize Judging period (the Grand Prize Judging Period), as set forth in the chart below.
|Period||Begins at 12:00 a.m. ET and ends at 11:59 p.m. ET on:||Approximate Winner Notification Date|
|Entry Period 1||January 22, 2013||January 23, 2013|
|Entry Period 2||January 23, 2013||January 24, 2013|
|Entry Period 3||January 24, 2013||January 25, 2013|
|Entry Period 4||January 25, 2013||January 26, 2013|
|Entry Period 5||January 26, 2013||January 27, 2013|
|Grand Prize Judging Period||January 28, 2013||January 29, 2013|
The applicable Website's computer is the official time-keeping device for the applicable portion of Contest.
5. How to Enter: During the Promotion Period, visit the applicable Website (www.twitter.com, or if you have an iPhone use the Instagram Application) and follow the links and instructions log in to your account or register for a new account. Then, follow the links and instructions to upload 1 photo that includes the shape of a heart in some way (the "Submission"). If there is a person depicted in the Submission, it must be of the entrant and only the entrant. Finally, you must Tweet, Share or Post a Picture and Publish (each a "Public Share") your Submission, depending which Website you are using, being sure to include the #showyourheart hashtag . In order for your Submission to be considered in this Contest, your profile and the photo must be public. By uploading and Publicly Sharing your Submission, you agree that it conforms to the Photo Guidelines and Content Restrictions as defined below (collectively, the "Guidelines and Restrictions") and that Sponsor, in its sole discretion, may disqualify you from the Contest if it believes that your Submission fails to conform to the Guidelines and Restrictions or is otherwise not in compliance with these Official Rules.
If you do not have a Twitter or Instagram account (herein "Account"), you may create one. These Accounts are free, but are subject to terms and conditions listed at each Website.
- Submissions must comply with the terms and conditions of the applicable Website; and
- Submissions cannot have been submitted previously in a promotion of any kind or exhibited or displayed publicly through any means, with the exception of entrant's personal online photo albums.
- The Submission must not contain material that violates or infringes another's rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
- The Submission must be entrant's own, original work;
- The Submission must not contain the image of anyone under the age of 18 and if any image is included, it must be of only one person, who must be the entrant;
- The Submission must not contain brand names or trademarks, except for Sponsor's trademark for which entrant has a limited license to use for the sole purposes of creating and/or uploading the Submission into this Contest (note, however, that use of Sponsor's brand names or trademarks will not impact the judging of Submissions);
- The Submission must not contain words, text, images or artwork not created by entrant;
- The Submission must not contain material that is inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous;
- The Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age;
- The Submission must not contain any advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- The Submission must not contain materials embodying the names or other indicia identifying any person, such as personal names, license plates, e-mail addresses or street addresses, including, without limitation, celebrities and/or other public or private figures, living or dead;
- The Submission must not communicate messages or images inconsistent with the positive images and/or good will with which Sponsor wishes to associate; and
- The Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any state where the Submission is created.
- Entrants agree that each of the above Content Restrictions shall be subject to Sponsor's sole discretion. Released Parties (as defined in Section 11, below) are not responsible for lost, late, incomplete, invalid, un-intelligible, delayed or misdirected Submissions or Public Shares, which are disqualified. Each entrant is the owner of, and responsible for, the Submission uploaded and posted to the Websites.
Public Sharing of any Submission constitutes entrant's consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, sub-license, and display such Submission in whole or in part, without notice or consent, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including, but not limited to, on its websites and social media pages and otherwise for promotional or marketing purposes for itself or for its promotional partners. By posting a Submission and/or Publicly Sharing it, entrant is also opting in to receive future communications related to the operation and administration of the Contest. If requested by email, mail or phone, entrant (or, if entrant is at least 18 yet still a minor in his/her home state, entrant's parent or legal guardian) will promptly respond and sign any documentation or take any action required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the Submission or promote the Contest. Specifically, Sponsor may use an entrant's Submission in its marketing materials, in any form, media or technology now known or later developed, including but not limited to Sponsor's website(s), WAP page(s), or Facebook page(s). Sponsor has no obligation to make use of the rights granted herein. Sponsor reserves the right to not re-post and/or take down any Submission at any time and for any reason.
Limit: Each entrant may upload up to 5 unique Submissions (as determined by Sponsor in its sole discretion) per Entry Period. Submissions received from any person, Account or email address in excess of the stated limit will be void. Any attempt by any entrant to upload more than 5 unique Submissions per Entry Period by using multiple/different Accounts, or any other methods to upload more than 5 Submissions may void all of that entrant's Submissions and that entrant may be disqualified, in Sponsor's sole discretion.
Note: If you complete a Public Share or receive updates from any Website via SMS from your wireless phone, your wireless service provider may charge you for each text message or unit of data you send and receive. Please consult your wireless service provider regarding its pricing plans. You must be an active holder of a non-private Website Account throughout the Contest Period and for a reasonable time thereafter (for potential notification purposes) to participate in this Contest. All terms and conditions of Websites also apply. Multiple entrants are not permitted to share the same Website Account. Use of any automated system to participate or subvert the entry process is prohibited and will result in disqualification and all associated Submissions will be void. In the event of a dispute as to any Account, the authorized account holder of the email address used to register at the applicable Website or the Account used to enter will be deemed to be the entrant and he/she must comply with these Official Rules. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning Accounts or email addresses for the domain associated with the submitted account/address. Each potential winner may be required to show proof of being an authorized account holder.
6. Winner Determination:After the conclusion of each Entry Period, a panel of qualified judges determined by Sponsor in its sole discretion will select the best Submission from among all eligible Submissions received for that Entry Period, based on an application of the following criteria ("Judging Criteria"):
- Creativity/Originality of Submission (50%);
- Fit to the Contest Theme of Demonstrating Passion for The Heart Truth Program (40%); and
- Quality of Submission (10%).
In the event of any tie in any Entry Period, the entrant whose Submission received the higher score in the Creativity/Originality category, as determined by the qualified judges in their sole discretion, will be selected as the winner from among the tied entrants. Non-winning Submissions from an Entry Period will carry over into the judging for subsequent Entry Periods. Sponsor reserves the right to not award all prizes, if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Submissions.
During the Grand Prize Judging Period, a panel of qualified judges, which may include some of the original panel and/or a celebrity judge, will determine the Grand Prize winner from among the 5 winning Submissions based on the Judging Criteria above. In case of a tie, the entrant whose Submission received the higher score in the Creativity/Originality category will be the winner of the tie and will be deemed the Grand Prize winner.
All prize awards are subject to verification of eligibility and compliance with the terms of these Official Rules. The decisions of the Sponsor and judges are final and binding in all matters.
7. Winner Requirements: Potential winners will be notified by Wieden + Kennedy, Inc. by direct message via the Account used to participate within 24 hours of the end of the applicable Entry Period. In order to receive any direct messages from Wieden + Kennedy, Inc. or Sponsor, an entrant's Account settings must be set to "unprotected" and/or "public." Each potential winner will be required to respond to the message as directed within 24 hours of the date the message was sent, with the required full contact information, including a valid mailing address (P.O. Boxes are not permitted), email address, and confirmation of age eligibility, as requested by Sponsor, or he/she will be disqualified and will forfeit the prize. Except where prohibited, each potential winner (parent/legal guardian if a winner is at least 18 but still a minor in his/her state of residence) will also be required to sign and return a Declaration of Compliance, Liability and Publicity Release (the "Declaration"), which must be received by Sponsor within 24 hours of the date notice or attempted notice is sent, in order to claim his/her prize. If a potential winner of any prize cannot be contacted, fails to respond to the direct message with the required information within the required time period, fails to return the Declaration within the required time period, does not comply with these Official Rules, or if a prize is returned as undeliverable, the potential winner will be disqualified and forfeits the prize. If a potential winner is disqualified for any reason, the prize may be awarded to a runner-up for the Entry Period at issue, as determined by the qualified judges, in Sponsor's sole discretion, if time permits. Only 3 alternate winners for any prize may be determined, after which the applicable prize will remain un-awarded. Each winner (parent/legal guardian if a winner is at least 18 but still a minor in his/her state of residence) 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 winner will indemnify Sponsor, Released Parties (as defined in Section 11, below) 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.
5 FIRST PRIZES (1 PER ENTRY PERIOD): A trip for winner and a guest to New York City during Fashion Week scheduled to begin on February 6, 2013. Trip package includes round trip, coach-class air transportation for 2 from a major airport near winner's home serviced by Delta Air Lines; 2 nights' accommodations at a hotel of Sponsor's choice (one (1) standard room, double occupancy); 2 tickets to the Red Dress Fashion Show (seat locations to be determined by Sponsor in its sole discretion); and a $250 American Express® Gift Card that may be used for spending money, terms and conditions apply. Travel must commence on 2/5/13 and end on 2/7/13 (unless otherwise changed by Sponsor) or winner will forfeit the prize. Winner and guest must travel together on same itinerary. Travel must be round trip. Sponsor will determine flight itinerary in its sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight. No changes can be made to travel once booked. Travel is subject to the terms and conditions set forth in these Official Rules, and those set forth by Delta Air Lines as detailed in the passenger ticket contract of carriage. Winner and guest will be responsible for bag fees, $25 fee for 1 checked bag and $35 fee for second checked bag, subject to change. Allowances subject to size/weight limits. Travel will not qualify for SkyMiles mileage. Stopovers/Upgrades/Waitlisting/Open Returns are not permitted. Standby travel is not permitted except for an earlier flight on the same day as flight ticketed, for an additional nonrefundable charge of $50. Schedules are subject to change without notice. It is the responsibility of the passenger to be in possession of all necessary documentation (e.g., valid passport, visa where applicable) at the time and place of departure. Delta reserves the right to deny boarding to any passengers without proper documentation. If trip destination is less than 150 miles from the winner's residence, winner will be provided $200 in spending money for driving expenses in lieu of air transportation and no other compensation or substitution will be provided. Sponsor is not responsible if any scheduled event is delayed, postponed or canceled for any reason and winner will not be reimbursed for event tickets. Event tickets may be subject to issuer's standard rain-check policies and procedures. All expenses, travel, and other costs associated with prize acceptance and use not expressly stated in the package description above as being provided are the sole responsibility of winner, including, without limitation, ground transportation, meals, gratuities and souvenirs. If winner is a minor (as determined by his/her state of residence), winner's guest must be winner's parent/legal guardian. If winner's guest is a minor (as determined by his/her state of residence), winner must be minor's parent/legal guardian and must complete required paperwork on behalf of minor, as applicable. Travel companion must execute liability/publicity releases prior to issuance of prize documents. Restrictions, conditions and limitations may apply.Lost, mutilated, or stolen tickets, vouchers or certificates will not be replaced. By accepting event ticket prize, winner and guest agree to abide by any terms, conditions and restrictions provided by the ticket as well as the venue. Failure to comply with these terms, conditions and restrictions may result in forfeiture of such prize portion. Sponsor is not responsible if winner does not use ticket on day of event. Approximate Retail Value (“ARV”): $2,800 for each First Prize winner.
1 GRAND PRIZE (for the winner of the Grand Prize Judging Period only): In addition to the First Prize, this winner will receive a $500 American Express® Gift Card that may be used on a shopping spree with a fashion stylist and 2 Delta Air Lines vouchers valid for first-class air transportation for 2 at a future date. All other terms above apply. Total ARV for Grand Prize: $6,690.
The ARV of travel may vary based on airfare fluctuations and distance between departure and destination. Winner will not receive difference between actual and approximate retail value. Terms and conditions of gift cards, vouchers, and tickets apply. Prizes are non-transferable and no substitution will be made unless Sponsor, in its sole discretion, determines otherwise. Sponsor reserves the right to substitute a prize (or portion thereof) for one of comparable or greater value, at its sole discretion. Winners are responsible for all taxes and fees associated with prize receipt and/or use. Limit: 1 First Prize per person.
9. Publicity:Except where prohibited, participation in the Contest constitutes each winner's consent for Sponsor and Sponsor's designees to use winner's name, city, state, likeness, Submission, and/or prize information for advertising, promotional and other purposes in any and all media, now or hereafter devised, worldwide, in perpetuity, without further consideration, notification or permission.Winner also consents to Sponsor sending out congratulations via social media once winner is confirmed.
10. General Conditions: If for any reason, the Contest (or any portion thereof) is not capable of running as planned by reason of infection by virus, bugs, worms, tampering, unauthorized intervention, fraud, technical failures, or any other causes which, in the sole opinion of Sponsor, may corrupt or affect the administration, operation, security, fairness, integrity or proper conduct of this Contest, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Contest, and select the winner(s) for the prizes at issue from all nonsuspect, eligible Submissions received prior to the action taken or in other such manner as deemed fair and appropriate by Sponsor. 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 Contest or to be acting in violation of the Official Rules of this or any other Contest, or in an unsportsmanlike or disruptive manner and void all associated Submissions. Any attempt by any person to undermine the legitimate operation of this Contest may be in violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies (including, without limitation, attorneys' fees) 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.
11. Release and Limitations of Liability: Except where prohibited, by participating in the Contest, entrant agrees to release and hold harmless The Coca-Cola Company, Coca-Cola bottlers, Wieden + Kennedy, Inc., Twitter, Inc., Burbn, Inc., ePrize, Inc., and their respective related companies, parents, subsidiaries, affiliates, and their respective agents and agencies, and their respective officers, directors, employees and agents (collectively, the "Released Parties") from and against any claim or cause of action arising out of participation in the Contest or use of the prize (including any travel or activity related thereto), including, but not limited to: (a) unauthorized human intervention in the Contest; (b) for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; (c) any incorrect or inaccurate information, whether caused by entrant or other errors or by any of the equipment or programming associated with or utilized in the Contest; (d) printing, typographical, technical, computer, network, human or other error which may occur in the administration of the Contest, the announcement of the prizes or in any Contest-related materials or the cancellation or postponement of the event; (e) late, lost, undeliverable, garbled, inaccurate, incomplete, delayed, misdirected or stolen Submissions, Tweets, posts, messages or email; (f) defamation which may be caused, directly or indirectly, in whole or in part, from disparagement of a winning Submission; (g) 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 (h) any prizing and prizing availability restrictions contained herein. Entrant further agrees that in any cause of action, the Released Parties' liability will be limited to the cost of entering and participating in the Contest and in no event shall the Released Parties be liable for attorneys' fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. Released Parties are not responsible for any unauthorized third-party use of any Submission.
12. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, and in no event will entrant be permitted to obtain attorneys' fees or other legal costs; (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and 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; and (4) accepts all prizing and prizing availability restrictions contained herein and waives all rights and claims thereto. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Michigan without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.
13. Winners List:For a winners list, visit http://bit.ly/12nj2kZ. The winners list will be posted after winner confirmation is complete.