“DIGITOUR #WeSleigh Contest”
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN A PRIZE. THE PURCHASE OF ANY GOOD OR SERVICE WILL NOT INCREASE YOUR CHANCE OF WINNING.
DIGITOUR’S #WESLEIGH CONTEST (THE “CONTEST”) IS VOID OUTSIDE OF THE FIFTY STATES OF THE UNITED STATES OF AMERICA (“CONTEST TERRITORY”) AND WHERE PROHIBITED OR RESTRICTED BY APPLICABLE LAW. THESE OFFICIAL RULES (“RULES”) ARE A LEGALLY BINDING AGREEMENT BY AND BETWEEN YOU AND SPONSOR (AS DEFINED BELOW) AND GOVERN YOUR ENTRY IN THE CONTEST.
BY PARTICIPATING IN THE CONTEST, YOU AGREE TO ABIDE BY THESE OFFICIAL RULES AND THE RULES, POLICIES AND PROCEDURES OF INSTAGRAM. Failure to comply with these OFFICIAL Rules or THE INSTAGRAM TERMS AND CONDITIONS will void your entry. THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY OR ASSOCIATED WITH INSTAGRAM. THIS CONTEST IS NO WAY SPONSORED, ENDORSED, OR ADMINISTERED BY THE COCA-COLA COMPANY & OR INSTAGRAM. YOU UNDERSTAND THAT YOU ARE PROVIDING YOUR INFORMATION TO SPONSOR AND INSTAGRAM.
1. Sponsors. The Contest is sponsored by DigiTour Media, LLC dba DigiTour, PO Box 1110, Culver City, CA 90232 (“Sponsor”).
2. Contest Entry Period. The Contest commences at 3:00PM (Pacific Time) on December 15, 2016 and ends at 8:59PM (Pacific Time) on December 22, 2016 (the “Contest Period”). All entries must be received by 8:59PM (Pacific Time) on December 22, 2016. The Sponsor’s computer is the official time keeping device for online entry into the Contest. No entries into the Contest will be accepted before or after the Contest Period.
3. Contest Description. The Contest encourages persons (“Entrants” “you” or “your”) to enter by first posting a video, photo, or Boomerang to their public Instagram account sharing their own "Unsung Hero" or “Adulting” holiday activity, demonstrating a way they are making the holidays special for their friends or family, & demonstrate how you're "sleighing" the holiday, with #WeSleigh. The post must also tag at least one (1) of your friends in your caption encouraging them to post their “sleighing” moment as well.
4. Eligibility. This Contest is open to legal residents of the United States (Contest Territory).You must be at least 13 years of age or older as of 11:59 PM (Pacific Time) on December 11, 2016 to participate in the Contest. By entering this Contest, you acknowledge that you are ready, able and willing to partake in media opportunities (e.g. interviews, photos, sound bites, video footage, etc.) as required by Sponsor in connection with the Contest. You must complete all required entry forms and releases and submit materials in accordance with these Rules to be eligible for entry. The Winner (as defined below) will be required to complete other forms and releases as set forth below.
Employees (and their immediate families, i.e., parents, guardians, spouse, children, siblings, grandparents, step parents, step children and step siblings regardless of where they reside and those living in the same household of such employees, whether or not related) of Sponsor or their respective affiliated companies, management companies, subsidiaries, advertising agencies and marketing companies and any company in which the Sponsor, or any such Sponsor affiliated company owns a controlling share (collectively, “Sponsor Entities”) are not eligible to enter the Contest. Interpretations of these Rules by Sponsor are final in all matters relating to the Contest.
5. How To Enter. To enter by first posting a video, photo, or Boomerang to their public Instagram account sharing you own "Unsung Hero" or “Adulting” holiday activity, and demonstrate how you're "sleighing" the holiday, with #WeSleigh. You must also tag at least one (1) of your friends in the caption encouraging them to post their “sleighing” moment as well. Your Instagram account must be public, otherwise your Entry will not be counted. The video must be an original video made by the person who is uploading the video. The uploaded video comprises the (“Entry”). Sponsor will rely on information from Instagram as to the name on the account used to submit the Entry in case of ambiguity. Only fully completed Entries are eligible. All Entries (subject to your rights in your Personal Data (as defined below) specified on the Entry Form) become the sole and exclusive property of Sponsor and will not be acknowledged or returned. You will take all further acts necessary to effectuate the intent of these Rules, including, without limitation, executing and delivering to Sponsor, all such agreements, contracts and any other documents to confirm Sponsor’s ownership of the Entries.
6. Personal Data. You may be required to submit Personal Data on the Entry Form.
7. Video Qualifications. Each Entry must be your sole creative work and must not incorporate ideas or work of any other person or material that would require the consent of a third party in any jurisdiction or under any applicable law. Without limitation, the Entry must not infringe or violate any trademark, copyright, publicity right, privacy or any other right of any other person or entity, under any applicable law, in any part of the Contest Territory. By submitting an Entry, you represent and warrant to Sponsor that the Entry and everything depicted in the Design are wholly original and do not infringe upon or otherwise violate any right of any person, entity, or any law, rule or regulation in any part of the Contest Territory. Violation or breach of these representations or warranties may subject you to penalties and damages under applicable law.
By entering the Contest, you agree that Sponsor may post your Entry or any part thereof on its Instagram, Twitter, its website, or anywhere else legally permitted. Sponsor does not guarantee the posting of any Entry. You understand that your Instagram account username and biographical data (as it appears on the Entry) may also be posted in connection with the Contest.
8. Video Restrictions. The Photo, video, or boomerang may not contain, as determined by the Sponsor, in its sole discretion, any content that:
· Is sexually explicit or suggestive; unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; contains nudity;
· Promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous;
· Is obscene or offensive; endorses any form of hate or hate group;
· Defames, misrepresents or contains disparaging remarks about the Sponsor, or their products or other people, products or companies;
· Contains trademarks, logos or trade dress (such as distinctive packaging or phraseology) owned by any entity;
· Contains copyrighted materials owned by any entity (including photos and other works of art or images);
· Advertises or promotes any brand, other than Coca-Cola products, or any other product of any kind;
· Contains any personal identification, such as personal names, street or email addresses, or phone numbers;
· Violates or encourages the violation of any law, rule or regulation;
· Contains materials embodying the names, likenesses or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead;
· Promotes any particular political party, agenda or message; and/or
· Communicates messages or images inconsistent with the positive image and/or goodwill to which Sponsor and/or the Artists wishes to associate
Subject only to rights in your Personal Data, ALL ENTRIES BECOME THE PROPERTY OF SPONSOR AND WILL NOT BE RETURNED.
9. Winners. Four (4) general winners (the “Winner(s)”) will be selected by DigiTour Media LLC to receive a five (5) minute video call from one (1) of the four (4) talent participating in the Coca-Cola #WeSleigh campaign. Digitour Media LLC will select winner to be randomly assigned to talent i.e. winners will not get to select which talent they have a video call with. DigiTour does not guarantee a specific talent for a video chat to the winner.
10. Prizes. The following prize (“Prizes”) will be awarded:
· The four (4) contest winners will each receive a five (5) minute video call from one (1) of the four (4) talent participating in the Coca-Cola #WeSleigh campaign. This talent includes: Brent Rivera, Mahogany Lox, Rickey Thompson, and Kristen Hancher. DigiTour Media LLC does not guarantee a specific talent for a video chat to the winner. All talent will be assigned to winners by DigiTour Media at Digi’s own discretion (as outlined in 11.A). The four (4) video chats will be orchestrated by DigiTour Media, and will be scheduled based on winner & talent’s availability.
11. The Judging/Voting Process.
A. Judging Process.
The winners shall be chosen from all the valid Entries by DigiTour Media LLC and their decision shall be final. Winners will be selected by DigiTour Media LLC based on the following criteria: Posting a photo, video, or boomerang to Instagram demonstrating how they are “sleighing” the holidays, including #WeSleigh in the caption, and tagging a friend in the caption . If entrants meet all three (3) requirements, Digitour will carefully consider which entrants best conveyed their “sleighing” holiday moments to chat with one of the four (4) influencers.
12. Winners Notification; Verification.
Winners will be notified via email, private message, or comment on their Entry, and will be given instructions on how to claim the prize. If a Winner fails to respond within 2 business days, or if the selected Winner cannot accept or receive the prize for any reason, or s/he is not in compliance with these Rules, the prize will be forfeited. Each Winner will be required to sign and return an Affidavit and Release Form (where legal and applicable) within two (2) days of notification or prizes will be forfeited.
The potential Winners must prove eligibility, including, without limitation, proof of age and residence upon notification as a potential Winner. The Winners must sign upon notification and acceptance of the Prize an affidavit of eligibility and release of Sponsor, the Artists and their respective officers, directors, employees, agents, members, affiliated companies and subsidiaries, from any and all liability, loss, claims, demands, and causes of action for personal injury and/or damage, theft, loss, or any other harm suffered in connection with this Contest directly or indirectly from acceptance, possession, or misuse of any Prize or participation in this Contest to be eligible for the Prize. Entry into this Contest constitutes agreement to sign such affidavit. The Winners also must acknowledge that Sponsor has not and will not obtain or provide insurance of any kind relating to the Prizes and that they will be responsible for obtaining and paying for any form of insurance relating to the Prizes. The Winners must also complete any additional legal documents provided by Sponsor with respect to the Prizes and return them as instructed within the time frame specified by Sponsor or forfeit the Prize at Sponsor’s sole discretion. In the event the Winner has not reached the age of majority in his or her country of residence, Sponsor may require his/her parent or legal guardian to execute such documents on his/her behalf. Where permitted by law, in consideration for being awarded a Prize, Winners hereby agree and consent, without further authorization, compensation or remuneration of any kind, to the use of their name and/or likeness, as submitted in connection with the Entry or in connection with the Prize in any and all advertising, promotions and other publicity conducted by Sponsor in connection with the Sponsor, the Contest or the use of the Entry video.
13. General Prize Terms. All costs and expenses not specifically listed above, including, without limitation, sales or use tax, shipping and handling charges to be incurred in connection with redemption of the Prize are solely the Winners’ responsibility. Sponsor shall have no responsibility or obligation to the Winner who are unable to accept or utilize the Prizes as described herein.
14. Ownership and Other Rights. “Contest Materials” include, to the extent applicable (1) any information and material, including but not limited to the Video or any type of Entry submitted by you in connection with the Contest. To the extent that you own (presently or in the future) any intellectual property rights in connection with the Contest Materials, you agree to and do hereby grant to Sponsor, at your cost and expense, an exclusive, worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sublicensable right and license to use, copy, manufacture, distribute, translate, perform, modify, display, transmit, create derivative works of, make, have made, offer to sell, sell, import, and otherwise exploit any such rights to the extent necessary to enable Sponsor to exercise all rights assigned to Sponsor under these Rules. You hereby irrevocably waive any claims based on the foregoing. You shall not assert, nor assist or authorize any third party in asserting, any claim inconsistent with this paragraph or the following paragraph. Sponsor shall have the right, in its sole discretion, to edit, modify, composite, scan, duplicate, or alter the Contest Materials, in whole or in part, for any purpose which it deems necessary or desirable, without the need for any further remuneration and/or permission. You hereby irrevocably waive any and all claims based on moral rights, droit moral or similar theories in any Contest Material. You will take all further acts necessary to effectuate the intent of these Rules, including, without limitation, executing and delivering to the Sponsor, all such agreements, contracts and any other documents to confirm Sponsor’s ownership of the Contest Materials.
You agree that you will not use the Contest Material for any other purpose, including, but not limited to, posting the Entry to any online social network or other website, without the express consent of Sponsor which may be withheld in its sole and absolute discretion.
15. Disqualification. If you fail to comply with any of these Rules, Sponsor may, in its sole discretion, disqualify you and your Entry. If after submitting the Entry Form you require the deletion or return of all or part of your Personal Data under any applicable law or otherwise, you will be disqualified on the basis of an incomplete Entry. Your failure to complete and execute documentation as described in Section 12 will result in your disqualification. Sponsor reserves the right in its sole discretion to disqualify you if it suspects or finds you: (i) to have used a software–generated, robotic, programmed, script, macro or other automated online or text message entry; (ii) to have tampered with the entry process or the operation of this Contest; (iii) to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person; or (iv) to have provided inaccurate information on any legal documents submitted in connection with this Contest.
ANY VIOLATION OF THESE RULES BY A POTENTIAL WINNER OR ANY BEHAVIOR BY A POTENTIAL WINNER THAT WILL BRING SUCH WINNER OR SPONSOR INTO DISREPUTE (IN SPONSOR’S SOLE DISCRETION) WILL RESULT IN SUCH POTENTIAL WINNER’S DISQUALIFICATION AS A POTENTIAL WINNER AND ALL RIGHTS AS A POTENTIAL WINNER WILL BE IMMEDIATELY TERMINATED.
16. General Terms. A Participant may be disqualified from the Contest for failing to comply with these Terms or Instagram’s policies and procedures, as determined in the sole discretion of Sponsor. Sponsor, and Instagram shall not be liable for 1) failed, returned or misdirected notifications based on inaccurate information provided by the winner on the entry form, 2) entries and responses to winner notifications which are lost, late, incomplete, illegible, unintelligible, postage-due, misdirected, damaged or otherwise not received by the intended recipient in whole or in part or for computer or technical error of any kind, 3) any electronic miscommunications or failures, technical hardware or software failures of any kind, lost or unavailable network connections, or failed incomplete, garbled or delayed computer transmissions which may limit ability to participate in the Contest, 4) any technical malfunctions of the telephone network, computer on-line system, computer equipment, software, program malfunctions or other failures, delayed computer transactions or network connections that are human, mechanical or technical in nature, or any combination thereof, including any injury or damage to your or any other person's computer related to or resulting from downloading any part of this Contest, 5) any warranty of fitness or merchantability of any prize or the function or operation thereof. Sponsor does not make any, and hereby disclaims any and all, representations or warranties of any kind regarding any prize or 6) in the event Sponsor is prevented from continuing with the Contest or the integrity and/or feasibility, or any element of the Contest, or any element of the Prizes, is severely undermined by any event beyond Sponsor's control, including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor's control (each a "Force Majeure" event or occurrence).,
Unless prohibited by applicable law, participation constitutes permission to use a referrer’s name, photo, video, likeness, voice, address (city and state) and testimonials in all media, in perpetuity, in any manner Sponsor deems appropriate for publicity purposes without any further compensation. By participating in the Contest, referrers and referring friends agree to be bound by these Terms, any Instagram rules, policies and procedures and to conform to all federal, state and local laws and regulations. The winner may be required to furnish proof of identity, address and birth date in order to receive the prize.
If ANY WINNER IS a California resident, such WINNER waiveS any and all rights under Section 1542 of the Civil Code of the State of California, which provides as follows:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
All winners expressly waive and release any right or benefit which he/she have or may have under Section 1542 of the Civil Code of the State of California, to the full extent that he/she may waive all such rights and benefits pertaining to the matters released here. In connection with such waiver and relinquishment, winners acknowledge that he/she is aware that he/she may hereafter discover claims presently unknown or unsuspected, or facts in addition to or different from those which he/she now know or believe to be true, with respect to the matters released herein; nevertheless, it is the winners’ intentions through this release to fully and finally and forever settle and release all such matters and claims relative thereto, which do not exist, may exist or heretofore have existed between themselves and Sponsor. The release herein given shall be and remain in effect as a full and complete release of such claims and matters notwithstanding the discovery or existence of any such additional or different claims or facts relative thereto. This Contest shall be governed by California law. By participating in this Contest, Participant agrees that California courts shall have jurisdiction over any dispute or litigation arising from or relating to this Contest and that venue shall be only in Los Angeles, California.
17. Publicity; Press Releases. You may not issue press releases or other publicity in connection with your participation in the Contest.
(a) By entering, you agree to defend (at Sponsor’s option), hold harmless and indemnify Sponsor, Sponsor Entities, Instagram and The Coca-Cola Company, and their respective officers, directors, partners, members, shareholders, employees, agents, executors, family members, heirs and assigns, and each of their respective parent companies, subsidiaries, affiliates, advertising and promotional agencies from and against any and all liability, damages or causes of action (however named or described), with respect to or arising out of either (i) your participation in the Contest, including, without limitation, the breach or violation of your representations and warranties concerning your Design; and/or (ii) the receipt, redemption or use of the Prizes awarded in the Contest. You agree to release all rights to bring any claim, action or proceeding against Sponsor, Sponsor Entities, and Instagram, further covenant not to sue Sponsor, Sponsor Entities, or Instagram, and hereby acknowledge that neither Sponsor nor any Sponsor Entity or the Artists has made or is in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prizes.
(b) Indemnification Procedure. You shall have the right to: (i) employ attorneys to institute or defend any claim, which attorneys must be reasonably acceptable to Sponsor, (ii) take any other reasonably appropriate steps to protect all rights and interests at issue, or (iii) settle, compromise in good faith or in any other manner dispose of any claim and satisfy any judgment that may be rendered, except that no compromise, settlement or disposition of any such claim may be affected or committed by you without the consent of Sponsor, which consent may not be unreasonably withheld or delayed. Sponsor shall have the right to participate in the defense of any claim. If a conflict of interest arises or exists between you and Sponsor, Sponsor shall have the right to retain separate counsel to represent its interests at the sole cost and expense of you.
19. Request for the Names of the Prize Winners and Rules. For the name of the Winner and/or a copy of these Rules, send a self-addressed stamped envelope to: DigiTour #WeSleigh Contest, DigiTour, PO Box 1110 Culver City, CA 90232.
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