Coca-Cola & Giant Eagle – Cleveland Basketball Trip – Win package for winner and 3 guests to Cleveland OH for the first and second rounds of the 2020 NCAA® Men’s Basketball Championship Tournament (“Cleveland Basketball Trip”).

Coca-Cola & Giant Eagle “Cleveland Basketball Trip” Sweepstakes
Official Rules
NO PURCHASE REQUIRED TO ENTER OR WIN. TEXT MESSAGING IS NOT
REQUIRED FOR ENTRY. EACH TEXT MESSAGE SENT OR RECEIVED MAY INCUR
A CHARGE AS PROVIDED IN YOUR RATE PLAN. MESSAGE AND DATA RATES
MAY APPLY. IF YOU ENTER VIA TEXT MESSAGING, YOU AGREE THAT
YOU ARE PROVIDING SPONSOR AND ADMINISTRATOR EXPRESS, WRITTEN
CONSENT FOR YOU TO RECEIVE UP TO 7 TEXT MESSAGES USING AUTOMATED
TECHNOLOGY IN RESPONSE TO YOUR ENTRY. TEXT MESSAGING MAY NOT BE
AVAILABLE THROUGH ALL WIRELESS CARRIERS. CONSENT IS NOT REQUIRED
TO BUY GOODS AND SERVICES.
1. Eligibility: The Coca-Cola & Giant Eagle “Cleveland Basketball Trip” Sweepstakes (the
“Sweepstakes”) is open only to legal residents of Indiana, Maryland, Ohio, Pennsylvania
and West Virginia who are 18 years of age or older at the time of entry. Employees and
non-employee workers of The Coca-Cola Company, Coca-Cola bottlers, Giant Eagle,
Inc., National Collegiate Athletic Association, NCAA® Division I Men’s Basketball
member teams (including all players, coaches, trainers and other team personnel), CBS
Broadcasting, Inc., Merkle, Inc., and their respective parent companies, subsidiaries,
affiliates, and agents and those prize providers and agencies that are involved in the
development or execution of this Sweepstakes 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 Sweepstakes is subject to all applicable federal, state, and
local laws and regulations and is void outside of IN, MD, OH, PA and WV and where
prohibited by law.
2. Sponsor: The Coca-Cola Company, One Coca-Cola Plaza, Atlanta, GA 30313.
Administrator: Merkle, Inc., 3000 Town Center, Suite 2100, Southfield, MI 48075.
The NCAA® is neither a sponsor nor administrator of this Sweepstakes. NCAA®, Final
Four®, and March Madness® are registered trademarks of the National Collegiate
Athletic Association.
3. Agreement to Official Rules: By participating in the Sweepstakes, entrant fully and
unconditionally agrees to and accepts these Official Rules and the decisions of the
Sponsor and Administrator, which are final and binding in all matters related to the
Sweepstakes.
4. Promotion Period: The Sweepstakes begins at 12:00 a.m. Eastern Time (“ET”),
February 6, 2020 and ends at 11:59 p.m. ET, March 4, 2020 (the “Promotion Period”).
Administrator’s computer is the official time-keeping device for this Sweepstakes.
5. How to Enter: There are 2 ways to enter:
a) Text Message Method of Entry: During the Promotion Period, using your 2-way
text-messaging-capable device (each a “Device”), text the keyword HOOPS to the
short code 26739. Then, input the requested information to confirm your date of birth.
If you are eligible, you will receive 1 entry into the Sweepstakes per text entry per
day. If you wish to opt out, text STOP to 26739. Text HELP to 26739 if you
would like more information. Send questions to
questions@helloworldfulfillment.com. By texting HOOPS to 26739, you agree that
you are providing Sponsor and Administrator express, written consent for you to
receive up to 7 text messages using automated technology in response to your
entry related to the Coca-Cola & Giant Eagle “Cleveland Basketball Trip”
Sweepstakes.
If you enter the Sweepstakes by text message, your wireless service provider’s text
message and data rates apply. Entrants should consult their wireless service
provider’s pricing plan for details. You agree to incur any and all charges demanded
by your wireless carrier. The Device that is used must be capable of sending and
receiving text messages. Entrants should check their Device’s features to see if they
have that capability and check the Device manual for specific use instructions. Entry
via text messaging may be limited and may not be available through all wireless
carriers or on all handsets. Supported carriers include AT&T , T-Mobile, Verizon
Wireless, U.S. Cellular, Sprint, Boost Mobile, Alltel, Cincinnati Bell, Cricket, and
Metro PCS. Consent is not required to buy goods and services. Your
participation in the Sweepstakes is subject to the Sponsor’s Privacy Policy,
which can be viewed by visiting https://us.coca-cola.com/privacy-policy/ as
well as the Administrator’s Mobile Terms and Conditions, which can be viewed
by visiting http://www.helloworld.com/terms.
b) Online Alternate Method of Entry: During the Promotion Period, visit
www.cokeplaytowin.com/hoops20 and follow the links and instructions to complete
and submit the registration form, including providing a valid home address. P.O.
Boxes are not permitted. You automatically will receive 1 entry into the
Sweepstakes.
Limit: 1 Sweepstakes entry per person per day during the Promotion Period, regardless
of method of entry. Multiple participants are not permitted to share the same email
address or Device. Any attempt by any participant to obtain more than 1 entry per day by
using multiple/different email addresses, Devices, identities, registrations or logins, or any
other methods will void that participant’s entries and that participant may be disqualified
from the Sweepstakes. Any use of robotic, repetitive, automatic, programmed or similar
entry methods or agents (including, but not limited to, sweepstakes entry services) will
void all entries by that entrant. In the event of a dispute as to any entry, the authorized
account holder of the Device or email address used to enter 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 for the domain associated with the submitted address.
Otherwise, the “authorized account holder” of a Device is the natural person in whose
name the Device has been issued and the services are billed. Potential winners may be
required to show proof of being the authorized account holders.
6. Drawings: Administrator is an independent judging organization whose decisions as to
the selection of the potential winners are final and binding. On or about March 5, 2020,
Administrator will select the names of the potential winners in a random drawing of all
eligible entries received during the Promotion Period. The odds of winning a prize
depend on the number of eligible entries received during the Promotion Period.
7. Requirements of Potential Winners: Potential winners must continue to comply with
the Official Rules. Winning is contingent upon fulfilling all requirements. If a potential
winner entered via text messaging, he/she will be notified by phone and/or text message
at the phone number of the Device used to enter the Sweepstakes and he/she must
respond within 2 days with the requested contact and mailing information or forfeit the
applicable prize. If the potential winner entered online, he/she will be contacted by email,
mail or phone. The potential Grand Prize winner will be required to sign and return to
Administrator, within 2 days of the date notice or attempted notice is sent, a Declaration
of Compliance, Liability & Publicity Release (“Declaration”) in order to claim his/her prize
and to fulfill any such other requirements as determined by Administrator. Each potential
First Prize winner will be required to follow the provided instructions to email
Administrator with his/her Giant Eagle Advantage Card number within 4 days of the date
notice or attempted notice is sent or forfeit the prize. If a potential winner fails to do so,
he/she may be disqualified and may forfeit the prize. In the event that any potential
winner cannot be contacted, fails to complete the Declaration in the required time frame
(Grand Prize only), forfeits the prize or is disqualified for any reason, Administrator will
select an alternate potential winner in a random drawing from among all remaining
eligible entries, if time permits, up to 3 alternates. If the alternate potential winners are
disqualified, the applicable prize will not be awarded.
8. Prizes:
1 GRAND PRIZE: A trip package for winner and 3 guests to Cleveland, OH for the first
and second rounds of the 2020 NCAA® Men’s Basketball Championship Tournament
(“Cleveland Basketball Trip”). Approximate Retail Value (“ARV”): $2,850.
The Cleveland Basketball Trip consists of 3 nights’ accommodations at Sponsor’s choice
of hotel (two rooms, each double occupancy; all details determined by Sponsor’s sole
discretion); 4 tickets to the first and second rounds of the 2020 NCAA® Men’s Basketball
Tournament on March 20 and 22, 2020 in Cleveland, OH (all details, including seat
location, to be determined by Sponsor in its sole discretion); and a $250 Prepaid Card
(terms and conditions received with delivery of prepaid card apply). Sponsor is not
responsible if any scheduled event is delayed, postponed or cancelled for any reason
and winner will not be reimbursed for tickets. Tickets may be subject to issuer’s standard
rain-check policies and procedures. PRIZE PACKAGE DOES NOT INCLUDE ANY
TRAVEL, TOLLS OR PARKING. All expenses, travel, and other costs not expressly
stated in the package description above are the sole responsibility of winner. If a
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 companions may be required to 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 ticket prize, winner agrees to abide by any terms, conditions and restrictions
provided by the ticket. Sponsor is not responsible if winner does not use ticket(s) on day
of event. The ARV may vary based on hotel and ticket price fluctuations. Winner will not
receive difference between actual and approximate retail value.
100 FIRST PRIZES: 500 Perks credited to the Giant Eagle Advantage Card of winner.
ARV: $30.
Each winner must establish a free Giant Eagle Advantage Card if he or she does not
already have such a Card. To open a Giant Eagle Advantage Card, visit
https://account.gianteagle.com/AccountCreation?_ga=2.149118070.1318194761.157358
3691-432320442.1573583691. Cards are subject to the program’s terms and conditions.
Perks will be credited directly by Giant Eagle within approximately 3-4 weeks after winner
confirmation is complete. You may redeem Perks for a fuel or grocery discount. Terms,
conditions and restrictions of Perks apply; please go to gianteagle.com/perks for more
details.
For All Prizes: No substitution, exchange or transfer of prize by any winner. Sponsor
reserves the right to substitute any prize for one of equal or greater value. Each prize
winner is responsible for all taxes and fees associated with prize receipt and/or use.
Limit: 1 prize per person.
9. Publicity: Except where prohibited, participation in the Sweepstakes constitutes entrant’s
consent for Sponsor and its designees to use entrant’s name, likeness, prize information,
city and state of residence for promotional purposes in any media without further
consideration.
10. General Conditions: In the event that the operation, security, or administration of the
Sweepstakes is impaired in any way for any reason, including, but, not limited to, fraud,
virus or other technical problem, the Sponsor may, in its sole discretion, either: (a)
suspend the Sweepstakes to address the impairment and then resume the Sweepstakes
in a manner that best conforms to the spirit of these Official Rules; or (b) cancel the
Sweepstakes and award the prizes in a random drawing from among all eligible entries
received up to the time of the impairment. 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 Sweepstakes or to be acting in violation of the Official Rules of this or
any other promotion, or in an unsportsmanlike or disruptive manner. Any attempt by any
person to undermine the legitimate operation of the Sweepstakes may be a 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
Sweepstakes, entrants agree to release and hold harmless The Coca-Cola Company,
Coca-Cola bottlers, Giant Eagle, Inc., National Collegiate Athletic Association, NCAA®
Division I Men’s Basketball member teams (including all players, coaches, trainers and
other team personnel), CBS Broadcasting, Inc., Merkle, Inc., and their respective parents,
subsidiaries, affiliates, promotional partners, prize partners, agents and agencies, and the
officers, directors and employees of them (the “Released Parties”) from and against any
claim or cause of action arising out of participation in the Sweepstakes or receipt or use
of any prize, including, but not limited to: (a) unauthorized human intervention in the
Sweepstakes; (b) technical errors related to computers, servers, providers, printers or
telephone, cellular networks, or network lines; (c) printing errors; (d) errors in the
administration of the Sweepstakes or the processing of entries; (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 Sweepstakes or
receipt 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 Sweepstakes
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. If, for any reason, an entrant’s entry is
confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted,
entrant’s sole remedy is another Sweepstakes entry, if it is possible. If the Sweepstakes,
or any part of it, is discontinued for any reason, Sponsor, in its sole discretion, may elect
to hold a random drawing from among all eligible entries received up to the date of
discontinuance for any prize offered herein. No more than the stated number of prizes
will be awarded. In the event that production, technical, seeding, programming or any
other reasons cause more than the stated number of prizes as set forth herein to be
available and/or claimed, Sponsor reserves the right to award only the stated number of
prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
12. Dispute Resolution: You agree that any claim or dispute at law or equity that has arisen
or may arise relating in any way to or arising out of the Sweepstakes, the Official Rules,
or the Sponsor’s and/or Administrator’s Privacy Policy (including Mobile Terms and
Conditions) will be resolved in accordance with the provisions set forth in this Dispute
Resolution section. Please read this section carefully. It affects your rights and will have a
substantial impact on how claims you and we have against each other are resolved.
You agree that whenever you have a disagreement with Administrator or Sponsor arising
out of, connected to, or in any way related to the Sweepstakes, the Official Rules, or the
Sponsor’s and/or Administrator’s Privacy Policy (including Mobile Terms and Conditions),
you will send a written notice to the Administrator (“Demand”). You agree that the
requirements of this Dispute Resolution section will apply even to disagreements that
may have arisen before you accepted these Official Rules or the Sponsor’s and/or
Administrator’s Privacy Policy (including Mobile Terms and Conditions). You must send
the Demand to the following address (the “Notice Address”): Legal Department, Merkle,
Inc., 3000 Town Center, Suite 2100, Southfield, MI 48075. You agree that you will not
take any legal action, including filing a lawsuit or demanding arbitration, until 10 business
days after you send a Demand. If the disagreement stated in the Demand is not resolved
to your satisfaction within 10 business days after it is received, and you intend on taking
legal action, you agree that you will file a demand for arbitration with the American
Arbitration Association (the “Arbitrator”). This arbitration provision limits the ability of you,
Administrator, and Sponsor to litigate claims in court and you, Administrator, and Sponsor
each agree to waive your respective rights to a jury trial or a state or federal judge. You
agree that you will not file any lawsuit against Administrator or Sponsor in any state or
federal court. You agree that if you do sue in state or federal court, and Administrator or
Sponsor brings a successful motion to compel arbitration, you must pay all fees and
costs incurred by Administrator and Sponsor in court, including reasonable attorney’s
fees. For any such filing of a demand for arbitration, you must effect proper service under
the rules of the Arbitrator and notice to the Notice Address may not be sufficient. If, for
any reason, the American Arbitration Association is unable to conduct the arbitration, you
may file your case with any national arbitration company. The Arbitrator shall apply the
AAA Consumer Arbitration Rules effective September 1, 2014 (and as may be amended)
and as modified by the agreement to arbitrate in this Dispute Resolution section. You
agree that the Arbitrator will have sole and exclusive jurisdiction over any dispute you
have with Administrator or Sponsor. The Federal Arbitration Act allows for the
enforcement of arbitration agreements and governs the interpretation and enforcement of
the agreement to arbitrate. The place of arbitration shall be Oakland County, Michigan.
You agree that you will not file a class action or collective action against Administrator or
Sponsor, and that you will not participate in a class action or collective action against
them. You agree that you will not join your claims to those of any other person.
Notwithstanding any other provision in the Official Rules, or the Sponsor’s and/or
Administrator’s Privacy Policy (including Mobile Terms and Conditions), if this class
action waiver is invalidated, then the agreement to arbitrate is null and void, as though it
were never entered into, and any arbitration dispute at that time will be dismissed without
prejudice and may be refiled in a court. Under no circumstances do you, Administrator, or
Sponsor agree to class or collective procedures in arbitration or the joinder of claims in
arbitration. Administrator and Sponsor agree that we will submit all disputes with you to
arbitration before the Arbitrator.
All issues and questions concerning the construction, validity, interpretation and
enforceability of these Official Rules, or the rights and obligations of the entrant,
Administrator, and Sponsor in connection with the Sweepstakes, or any claim or dispute
that has arisen or may arise between you, Administrator and Sponsor, 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.
This arbitration provision shall survive conclusion, modification or termination of the
Sweepstakes and suspension, revocation, closure, modification, or amendments to the
Official Rules, the Administrator’s Mobile Terms and Conditions, and any aspect of the
relationship of the parties relating to or arising from participation in the Sweepstakes.
13. Winner List: For a winner list, visit http://bit.ly/2Z1b18i. The winner list will be posted
after winner confirmation is complete.