Taste a Shot in the Dark Giveaway
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: The Taste a Shot In the Dark Giveaway (the “Contest”) is open only to legal residents of California who live within a 15-mile radius of Studio City, CA and who are at least 18 years old at the time of entry. Employees and non-employee workers of The Coca-Cola Company, Coca-Cola bottlers, Fast Horse Inc., Dunkin’ Brands, Inc., HelloWorld, Inc., and their respective parent companies, subsidiaries, affiliates, agents and those prize providers and agencies that are involved in the development or execution of this Promotion or any of its materials, and 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 and regulations and is void elsewhere and where prohibited.
2. Sponsor: The Coca-Cola Company, One Coca-Cola Plaza, Atlanta, GA 30313.
3. Agreement to Official Rules: Participation in this Contest constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to this Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.
4. Timing: The Contest begins on March 29, 2019 at 8:00 a.m. Pacific Time ("PT") and ends on March 31, 2019 at 11:59 p.m. PT (the "Contest Period"). Instagram's server is the official time-keeping device for the Contest.
During the Contest Period, take the following actions to receive 1 entry:
(1) Go to DunkinAnytime.com for instructions and to find hints about the locations of the twenty (20) hidden autographed cans of Shot in the Dark (each a “Can”);
(2) Physically travel to a location of a Can in the metro Los Angeles area;
(3) Take a photo of you with the Can at the spot you found the Can, showing how you feel or would feel after drinking a Shot in the Dark (“Photo”);
(4) Post the Photo on Instagram and, in the initial caption, “at mention” @zane, @heathhussar and @dunkin and include the hashtag #DunkinShotInTheDarkContest.
The Can is yours to keep so make sure to take it with you if you choose.
Your Post and its included content, including the caption, will hereafter be referred to as your Submission. Your Submission must be your original work. By posting your Submission, you agree that it conforms to the guidelines, permissions, and content restrictions below and that Sponsor, in its sole discretion, may disqualify you if it believes that it fails to conform.
· The Photo must include the Can with the autograph and logo clearly visible;
· The Submission must contain 1 photo. Videos or photo collages are not allowed;
· The Submission must meet the format and size requirements of Instagram; and
· The Submission's caption must be in English.
Permissions: Entrant must have permission from any recognizable individuals who appear in the Submission to use their names and likenesses in the Submission and to grant the rights set forth herein. Minors may only be included in the Submission if entrant is their parent or legal guardian. If requested, entrant must be able to provide such permissions or proof in a form acceptable to Sponsor.
· 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 prominently feature content created by a third party, such as images or artwork;
· The Submission must not contain brand names or trademarks other than those owned by Sponsor or Dunkin’ Brands, Inc., which entrant has a limited license to use in his/her Submission in this Contest;
· The Submission must not disparage Sponsor, Dunkin’ Brands, Inc., HelloWorld, Inc., or any other person or party;
· The Submission must not contain material that is inappropriate, offensive, indecent, obscene, 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; and
· The Submission must not contain material that is unlawful, in violation of, or contrary to the laws or regulations in any state where Submission is created.
Limit: Each entrant may enter 1 time during the Contest Period. Multiple entrants are not permitted to share the same Instagram account. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different Instagram accounts, identities, registrations and logins, or any other methods will void that entrant's entries and that entrant may be disqualified. In the event of a dispute as to any registration, the authorized account holder of the Instagram account used to register will be deemed to be the entrant. 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 email addresses used to create the Instagram account. Each potential winner may be required to show proof of being an authorized account holder. Released Parties (as defined in Section 10, below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed, or misdirected Submissions or failure to receive Submissions due to limitation of third-party social network platforms; all of which will be void.
6. Sponsor's Use of Submissions: Posting a 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, and display such submissions 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. If requested, entrant will sign any documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the Submission.
7. Winner Determination: Potential winners will be determined from all eligible Submissions by a panel of qualified judges, determined by Sponsor in its sole discretion, but may include Zane Hijazi and/or Heath Hussar. The Judges will select the two (2) entrants with the highest-scoring Submissions (“Winners”) based on the following Judging Criteria:
· Originality and Creativity in Showing How You Feel or Would Feel after Drinking a Shot in the Dark (50%);
· Quality of Photo (10%); and
· Incorporation of Product Into Photo (40%).
Subject to the entrants’ compliance with these Official Rules, the two (2) entrants whose Submissions receives highest scores will be deemed the potential Grand Prize winners. In the event of a tie, the entrant whose Submission received the highest score for “Originality and Creativity in Showing How You Feel or Would Feel after Drinking a Shot in the Dark,” as determined by the qualified judges in their sole discretion, will be deemed the applicable potential winner from amongst the tied entrants. Sponsor reserves the right to select fewer than two (2) winners, if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Submissions. Sponsor will not disclose judging scores.
8. Winner Requirements: Each potential winner will be notified by @zane or @heathhussar on Instagram by a reply comment on potential winner’s Submission or via Direct Message and will be required to provide his/her name, phone number, email address, mailing address and date of birth to confirm eligibility and for prize fulfillment purposes within 24 hours of the date notice or attempted notice is sent into order to claim the prize. Each potential winner will also be required to sign and return a Publicity Release (“Release”), Affidavit of Eligibility, and any other required documents, which must be received 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 sign and return the Release, Affidavit of Eligibility or provide any other requested information within the required time period, is unavailable for prize delivery at the time determined by Sponsor or the prize is returned as undeliverable for any reason, the potential winner forfeits his/her prize. If a potential winner is disqualified for any reason, the applicable prize may be awarded to a runner-up, if any, in Sponsor’s sole discretion. Only up to 3 alternate winners may be determined, after which the applicable prize will remain un-awarded.
9. Prizes: TWO (2) GRAND PRIZES: 1 Dunkin’ Shot in the Dark Kit, comprised of Shot in the Dark product and swag. All prize details will be determined by Sponsor in its sole discretion. Approximate Retail Value (“ARV”): $50.
Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize (or a component thereof) for one of equal or greater value if the designated prize should become unavailable for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use. Limit: One (1) prize per person. Each prize will be fulfilled in person by Zane Hijazi, Heath Hussar, and/or Sponsor’s agents or representatives in early April 2019 on a date and at a time and place determined in Sponsor’s sole discretion. Notwithstanding the foregoing, Sponsor will make reasonable efforts to select a date, time and place acceptable to winner.
10. Release: By receipt of any prize, each winner agrees to release and hold harmless the Sponsor, Coca-Cola bottlers, Fast Horse Inc., Dunkin’ Brands, Inc., Heath Hussar, Zane Hijazi, Instagram LLC, HelloWorld, Inc., and their respective parent companies, subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of any prize, including any related travel.
11. Publicity Acceptance of any prize shall constitute and signify each winner’s agreement and consent that Sponsor and its designees may use the winner’s name, city, state, likeness, photo, including winner’s Instagram profile photo, Submission, and/or prize information in connection with the Contest for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law.
12. Use of Submission: Each winner shall irrevocably grant, to Sponsor an unlimited, royalty-free, worldwide license to use the Submission for any and all purposes in any and all media whether now known or hereafter developed, on a worldwide basis, in perpetuity. Each winner accepts and acknowledges that Sponsor shall not be obligated to use the Submission and that Sponsor in its sole discretion shall have the right to refrain from using the Submission. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder. Each winner will indemnify Sponsor, Released Parties, and any licensee of Sponsor against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these terms.
13. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion.If terminated, Sponsor may, in its sole discretion, determine the winners from among all non-suspect, eligible Submissions received up to time of such action using the judging procedure outlined above. Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the Submission process or the operation of the Contest or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner and void all associated Submissions. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damagesand other remedies (including 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.
14. Limitations of Liability: Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the Submission process or the Contest; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Contest, the posting, the processing or judging of Submissions, the announcement of the prizes or in any Contest-related materials; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use or misuse of any prize(including any travel/activity related thereto). Released Parties are not responsible for misdirected or undeliverable Submissions or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Released Parties are not responsible for any unauthorized third-party use of any Submission. Released Parties (as defined in Section 10, above) are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed, or misdirected Submissions or failure to receive Submissions due to limitation of third-party social network platforms; all of which will be void.
15. Disputes: Except where prohibited, each 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, but in no event attorneys’ fees; and (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. 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.
© 2019 HelloWorld, Inc. All rights reserved.
This promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram, LLC.