Coca-Cola® Freestyle® Make Your Mix Contest
NO PURCHASE NECESSARY.
1. Eligibility: The Coca-Cola® Freestyle® Mixed By Me Contest (the "Contest") is open only to legal residents of the 50 United States (or the District of Columbia) who are 13 years of age or older at the time of entry. Employees and non-employee workers of The Coca-Cola Company, Coca-Cola bottlers, HelloWorld, Inc., and their respective parents, subsidiaries, affiliates, and agents, and any agencies or other companies involved in the development or execution of the Contest or production or distribution of Contest materials, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such person are not eligible. The Contest is subject to all applicable federal, state, and local laws of the United States and regulations and is void where prohibited.
2. Sponsor: The Coca-Cola Company, One Coca-Cola Plaza, Atlanta, GA 30313.
Administrator: HelloWorld, Inc., 3000 Town Center, Suite 2100, Southfield, MI 48075.
3. Agreement to Official Rules:Participation in this Contest constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to this Contest. Winning the prize or a Finalist position is contingent upon fulfilling all requirements set forth herein including avoiding unsportsmanlike conduct and including consent to a confidential background check (in Sponsor’s sole discretion) to confirm each potential Finalist’s eligibility and compliance with these Official Rules. Due to the nature of the prize offered, if a background check reveals that a potential winner has engaged in conduct that could damage the reputation of or reflect unfavorably on Sponsor or any of the Released Parties, as determined by Sponsor in its discretion, the potential Finalist may be disqualified.
4. Timing: The entry period for the Contest begins on May 31, 2019 at 1:00 p.m. Eastern Time ("ET") and ends on June 30, 2019 at 12:59 p.m. ET (the "Contest Period"). The applicable social media platform's computer is the official time-keeping device for this Contest.
5. How to Enter: There are 2 ways to enter, if you are eligible to participate. Either way that you choose to participate, you will need a photo of either your Coca-Cola Freestyle “recipe” or something inspired by your Coca-Cola Freestyle “recipe” (your “Content”). See additional details and restrictions below:
a) Twitter: During the Contest Period, create a Tweet including your Content (see above and below), then share it on Twitter including the hashtag #MakeYourMixContest (your "Submission"). See the further requirements, judging criteria, guidelines, and restrictions below for guidance. Your account settings must be set to "unprotected" and/or "public" in order for your Tweet and Submission to be viewable by Sponsor and its agents. In addition, your post with your Submission must remain up through the end of the Contest Period or it will not be considered or be eligible to win. Creating a Twitter account is free, but is subject to its terms and conditions (https://twitter.com/tos). If you post updates to or receive updates from www.twitter.com via SMS from your wireless phone, message and data rates may apply. Please consult your wireless-service provider regarding its pricing plans.
b) Instagram: During the Contest Period, create an Instagram post including your Content (see above and below), then share it on Instagram including the hashtag #MakeYourMixContest (your "Submission"). See the further requirements, judging criteria, guidelines, and restrictions below for guidance. In order for your Submission to be eligible, your Instagram profile must be public and thus viewable by the Sponsor and its agents. In addition, your post with your Submission must remain up through the end of the Contest Period or it will not be considered or be eligible to win. If you do not have the Instagram App, you may download it through the application store on your mobile device. Your post must be consistent with Instagram's terms (http://instagram.com/about/legal/terms/#). Posting on Instagram requires a mobile device and message and data rates may apply.
- The Submission must be your own, original work;
- The Submission must include a description of or a list of the components of your “recipe” but does not need to contain exact amounts, percentages, ounces, etc.;
- The “recipe” in your Submission must be something that can be created using only the contents of a Coca-Cola Freestyle machine;
- The Submission must contain either a photo of your recipe or a photo of something inspired by your “recipe”;
- The Submission must contain a caption with an explanation of your recipe;
- The “recipe” must contain 3 or fewer components;
- If anyone other than the entrant appears in the Submission photo, entrant must have permission (from person or his/her parent/legal guardian, as applicable) to use his/her image for purposes of this Contest.
- If any person who is or who appears to be under 13 years old appears in the Submission photo, in no case may the minor be shown holding or drinking any beverage;
- The Submission must conform with any applicable social media platform terms;
- Each Submission should be unique;
- The Submission should remain up on your social media through the end of the Contest Period; and
- The Submission cannot have been submitted previously in a promotion of any kind.
- The Submission must not include any private information of a third party such as address, phone number, or email address;
- 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 not disparage Sponsor, Administrator or any other person or party;
- Submission must not feature any brands or trademarks not owned by Sponsor (other branded packaged food or beverage, t-shirts, hats, tattoos, and the like), except for logos of the location at which you made your recipe, which are allowed. Entrant has a limited license to use Sponsor’s brand names and trademarks to create and upload a Submission in this Contest;
- The Submission must not contain material that Sponsor deems to be inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous, or libelous;
- The Submission must not contain material that Sponsor deems to promote bigotry, racism, hatred or harm against any group or individual or to promote discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age; and
- The Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where the Submission is created.To avoid the spam restrictions of Twitter and Instagram, each shared Submission should be unique.
To avoid the spam restrictions of Twitter and Instagram, each shared Submission should be unique.
By socially sharing your Submission with the Contest hashtag, you agree that it conforms to the Submission Guidelines and Content Restrictions, defined above, (collectively, the "Guidelines and Restrictions") and that Sponsor, in its sole discretion, may remove your Submission and disqualify you from the Contest if it believes that your Submission fails to conform to the Guidelines and Restrictions. Sponsor is not responsible for lost, late, incomplete, invalid, un-intelligible or misdirected Submissions, or failure to receive Submissions due to limitation of third-party social network platforms; all of which will be void.
Socially sharing a Submission and/or using the Contest hashtag constitutes entrant’s consent to allow Sponsor to pull his or her Submission into a gallery and/or to use the Submission or any part of it for purposes of this Contest. In addition, socially sharing a Submission and/or using the Contest hashtag constitutes entrant’s consent that (i) Sponsor will own all intellectual property related to each “recipe” and assigns to Sponsor all right, title and interest to such intellectual property, and (ii) Sponsor may use, reproduce, modify, publish, create derivative works from, with its customers or otherwise, and display such Submission or “recipe” or any other portion thereof in connection with the Contest, in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes without additional compensation. If requested, entrant will sign any documentation that may be required for Sponsor or its designees to make use of the ownership rights entrant is granting to use the Submission or any portion thereof. If your Submission is included in a gallery, if any, that is not an indication that you may be a potential prize winner, nor is it a guarantee that your Submission is eligible.
Limit: Each entrant may submit up to 10 Submissions during the Contest Period regardless of method or combination of methods of entry. Additional Submissions may be disqualified or not scored. Multiple entrants are not permitted to share the same email address or social media account. Any attempt by any participant to submit more than the stated number of Submissions by using multiple/different email addresses, social media accounts, identities, registrations and logins, or any other methods may void all of that entrant’s Submissions and that entrant may be disqualified from this Contest and any of the Sponsor’s other promotions, or Sponsor may not look at those in excess of the limit. In the event of a dispute as to the owner of any Submission, the authorized account holder of the email address or social media account used to enter will be deemed to be the entrant. The "authorized account holder" is the natural person assigned an email address or social media account by an Internet access provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted address or for assigning the social media account. Each entrant may be required to show proof of being an authorized account holder.
6. Winner Determination: After the conclusion of the Contest Period, a panel of qualified judges, determined by Sponsor in its sole discretion, will review and score the Submissions received, and will select the 5 entrants with the highest-scoring Submissions (each a “Finalist”) from among all eligible Submissions, based on the following criteria:
- Creativity and Originality of Submission, including photo, recipe, and explanation (30%);
- Taste of Recipe in Submission (30%);
- Fit with Coca-Cola Freestyle brand (20%)
- Feasibility of Execution of Recipe Creation on an Actual Coca-Cola Freestyle Machine for the Voting Period (10%);
- Quality of Submission including grammar, spelling, and quality of photo (10%)
The entrants whose Submissions received the 5 highest overall scores will be deemed the potential Finalists of this Contest. Each Finalist will be a unique individual, so no one person will have 2 recipes in the Voting Period. In the event of an exact tie in the scores of 2 or more Submissions, the entrant whose Submission received the highest score in the Creativity and Originality of Submission category, as determined by the qualified judges, will be deemed the potential Finalist among the tied Submissions. If they remain tied, Sponsor will compare their scores for Fit with Coca-Cola Freestyle brand. Sponsor reserves the right to disqualify any potential Finalist if, in its sole discretion, it finds content on his or her social media pages to be inconsistent with the Sponsor's or the brand's image (for example, if it is in violation of any of the content restrictions above). Sponsor may review the content posted by potential Finalists on their social accounts to determine if potential Finalists appropriately represent Sponsor’s brand. Due to the nature of the prize offered, if social content reveals that a potential Finalist has engaged in conduct that could damage the reputation of Sponsor or any of the Released Parties, as determined by Sponsor in its discretion, the potential Finalist may be disqualified and Sponsor may select another potential Finalist based on the above judging criteria. Sponsor reserves the right to select fewer than 5 Finalists if, in its sole discretion, it determines that there is not a sufficient quantity or quality of Submissions, if a potential Finalist cannot be contacted or is disqualified for any reason, or any other reason as determined by Sponsor, in its sole discretion.
7. Finalist and Winner Requirements: On or around July 2, 2019, the potential Finalists will be contacted via direct or public message by Administrator from @HW_inc or @helloworldinc on his or her social media account on Twitter or on Instagram, depending on method of entry. The potential Finalists will be required to follow the instructions provided in the notification and to take all steps required accept the Finalist opportunity within 48 hours or forfeit the Finalist position/opportunity. If Sponsor decides to review social media accounts of potential Finalists and if that review reveals that a potential Finalist or winner has engaged in conduct that could damage the reputation of Sponsor or any of the Released Parties, as determined by Sponsor in its discretion, Sponsor may disqualify potential Finalist or winner.
Finalists’ Submissions may be featured on Sponsor’s websites and their recipes, which may be altered by Sponsor in any way desired by Sponsor, in its sole discretion, will be added to participating Coca-Cola Freestyle machines for the voting period (the “Voting Period”). Each Finalist’s name, city, state, Submission, photo, recipe may be posted online.
During the Voting Phase, which will begin approximately August 26, 2019 and will end on November 4, 2019, the 5 Finalists’ recipes (which may be altered, as stated above) and which will be named by Sponsor, in its sole discretion, will be available as special features/options on participating Coca-Cola Freestyle machines for the purpose of voting by pouring, to determine the winner of this Contest. At the end of the Voting Period, Sponsor will calculate the volume of each Finalist’s recipe that was poured across all Coca-Cola Freestyle machines during the Voting Period. The Finalist whose recipe was most poured, by volume, will be the potential Grand Prize winner of this Contest. Any action by a Finalist or his/her family member or friend that encourages theft or other unsportsmanlike conduct may result in a Finalist’s disqualification for the Grand Prize, as determined by Sponsor, in its sole discretion. In the event of an exact tie in the volume poured, the Sponsor will rejudge the Content and determine which Finalist had the higher-scoring photo portion of the Submission and he or she will be the winner among the tied Finalists.
The potential Grand Prize winner (or parent/legal guardian if a minor in his or her state of residence) will be notified via email, mail, or phone and will be required to sign and return to Administrator, within 48 hours of the date notice or attempted notice is sent, a Declaration of Compliance, Liability and Publicity Release ("Declaration") (except where prohibited) including permission to conduct a background check, in order to claim the prize and to fulfill any such other requirements as determined by Administrator. If the potential winner cannot be contacted or fails to take all of the required steps to claim the prize within the stated time period, he/she may be disqualified and forfeit the prize. Due to the nature of the prize offered, if a background check reveals that a potential winner has engaged in conduct that could damage the reputation of or reflect unfavorably on Sponsor or any of the Released Parties, as determined by Sponsor in its sole discretion, the potential winner may be disqualified. If the potential winner forfeits the prize, or is disqualified for any reason, the prize may be offered and/or awarded to a runner-up, if any, in Sponsor’s sole discretion, based on the voting process above. Only up to 3 alternate winners may be determined, after which the prize will remain un-awarded. Acceptance of the prize shall constitute and signify winner’s agreement and consent that Sponsor and its designees may use the winner’s name, city, state, likeness, Submission, photo, recipe, 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. Winner accepts and acknowledges that Sponsor shall not be obligated to use the Submission or recipe and that Sponsor in its sole discretion shall have the right to refrain from using the Submission or recipe after the end of the Voting Period. Sponsor and the Released Parties (as defined in Section 11 below) shall not incur any liability whatsoever to the extent Sponsor choose to refrain from any exploitation of its rights hereunder. 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.
1 GRAND PRIZE:A check made out to the winner for $10,000. Approximate Retail Value (“ARV”) of this prize: $10,000.
5 FIRST/FINALIST PRIZES:A $100 check made out to Finalist and the opportunity to compete for the Grand Prize. ARV: $100.
No substitution, exchange, or transfer of prize by any winner. Sponsor reserves the right to substitute a prize for one of equal or greater value. Each winner is 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 entrant’s consent for the Sponsor and its designees to use entrant's name, Submission, photo, “recipe,” likeness, city and state of residence, prize information, video, voice, any comments, testimonials or other feedback related to prize or Contest experience, whether written or oral, for promotional purposes in any media without further consideration.
10. General Conditions: If for any reason, the Contest 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 the 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 a winner or winners, from the entries received prior to the action taken or in other such manner as deemed fair and appropriate by Sponsor. The 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 these Official Rules or any other Contest, or in an unsportsmanlike or disruptive manner. 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, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. The 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, Twitter, Inc., Instagram, LLC, HelloWorld, Inc., and their respective related companies, parents, subsidiaries, affiliates, and their respective agents and agencies, promotional partners, prize partners, 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, but not limited to: (a) unauthorized human intervention in the Contest; (b) technical errors related to Coca-Cola Freestyle machines and volume calculations, computers, servers, providers, or telephone or network lines; (c) printing errors; (d) errors in the administration of the Contest or the processing or judging of Submissions; (e) late, lost, or undeliverable mail; or (f) 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 use or misuse of any prize. 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 attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
12. Disputes: Entrant agrees that: (a) any and all disputes, claims and causes of action against Sponsor or Administrator arising out of or connected with this Contest or its associated winner selection and/or notification 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; (b) 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 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 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. 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, or the rights and obligations of the entrant and Sponsor in connection with the Contest and Contest Administration, 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.
14. Winner List: For a winner/Finalist list, visit http://bit.ly/2Uq7jBb. The list will be posted after winner confirmation is complete at end of Contest.
This Contest is in no way sponsored, endorsed or administered by, or associated with, Twitter, Inc. or Instagram LLC.