Coca-Cola – Summer Music Sweepstakes

Coca-Cola Summer Music 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 8 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 Summer Music Sweepstakes (the “Sweepstakes”) is open
only to legal residents of Connecticut, Delaware, New Jersey, New York, Maryland, and
Pennsylvania 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, Wakefern Food
Corp., 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 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.
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”), July 10,
2022 and ends at 11:59 p.m. ET, August 13, 2022 (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
SUMMERMUSIC22 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 SUMMERMUSIC22 to 26739, you
agree that you are providing Sponsor and Administrator express, written consent for
you to receive up to 8 text messages using automated technology in response to
your entry.
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.
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.
b) Online Alternate Method of Entry: During the Promotion Period, visit
www.cokeplaytowin.com/SummerMusic22 and follow the links and instructions to
complete and submit the registration form, including providing a valid email address.
You automatically will receive 1 entry into the Sweepstakes.
Limit: 5 Sweepstakes entries 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 the stated number
of entries 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 August 15, 2022,
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 or text message at
the phone number of the Device used to enter the Sweepstakes. If the potential winner
entered online, he/she will be contacted by email. The potential Grand Prize winner (or
parent/legal guardian if winner is a minor in his/her state of residence) will be required to
sign and return to Administrator, within 5 days of the date notice or attempted notice is
sent, a Declaration of Compliance, Liability & Publicity Release (“Declaration”) (except
where prohibited) in order to claim his/her prize and to fulfill any such other requirements
as determined by Administrator. If a potential winner fails to do so, he/she may be
disqualified and may forfeit the prize. In the event that a potential winner cannot be
contacted, fails to complete the Declaration in the required time frame or fails to provide
any requested information, 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, up to 3 alternates. If the alternate potential winners are
disqualified, the applicable prize will not be awarded. Prizes will be fulfilled approximately
8 to 10 weeks after the conclusion of the Sweepstakes.
8. Prizes:
1 GRAND PRIZE: A trip package for 4 to Austin, TX for the Austin City Limits festival
consisting of round trip, coach-class air transportation for 4 from a major airport near
winner’s home (determined by Sponsor in its sole discretion); 4 nights’ accommodations
at Sponsor’s choice of hotel (single room, quad occupancy); four (4) 3-day GA+ tickets to
the Austin City Limits music festival (“Festival”) located at Zilker Park in Austin, TX and
scheduled to take place from October 7-9, 2022; $1,000 spending money; and travel
agent services. Winner and guest must be at least eighteen (18) years old and must
abide by all venue/Festival policies: https://support.aclfestival.com/hc/en-us. Festival
tickets delivery method is at sole discretion of Festival Entities (described below) which
will be either sent to winner by mail, email, mobile ticketing or placed at venue Will Call
the day of concert under the winner’s name. Winner must be present to pick up tickets
and a valid photo ID will be required if tickets are placed at Will Call. Festival Entities
reserve the right to revoke full or partial prize from any winner or winner’s guest who they
and/or venue personnel deem may, in their sole discretion, be intoxicated, be a safety
risk, have violated any venue policy or law, and/or may bring Festival Entities, venue
personnel into disrepute. Resale of tickets is prohibited. By claiming tickets, you agree
to Front Gate’s Terms of Use and to abide by the health and safety measures in effect at
the time of your event, which may include, but not be limited to, wearing masks, providing
proof of vaccination status and/or providing proof of negative COVID-19 status. Should
the event be cancelled, you will be notified as soon as reasonably possible.
Travel must commence on October 6, 2022 and end on October 10, 2022. All travelers
must travel on same itinerary. Travel must be round trip. Sponsor will determine airline
and flight itinerary in its sole discretion. No refund or compensation will be made in the
event of the cancellation or delay of any flight. Travel is subject to the terms and
conditions set forth in these Official Rules, and those set forth by the Sponsor’s airline
carrier of choice as detailed in the passenger ticket contract. If trip destination is less
than 250 miles from the winner’s residence, winner will be provided $200 in spending
money for driving expenses in lieu of air transportation. Sponsor is not responsible if any
scheduled event is delayed, postponed or cancelled for any reason and winner will not be
reimbursed for tickets. All expenses, travel, and other costs not expressly stated in the
package description above are the sole responsibility of winner. 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 companions 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.
Sponsor is not responsible if winner does not use ticket on day of event. An inherent
risk of exposure to COVID-19 exists in any public place where people are present.
COVID-19 is an extremely contagious disease that can lead to severe illness and
death. By attending the event, winner and winner’s guests voluntarily assume all
risks related to exposure to COVID-19. The Sponsor is not responsible if the event is
delayed, postponed, or cancelled for any reason and winner will not be reimbursed for
tickets. Tickets may be subject to Sponsor’s standard rain-check policies and
procedures.
Approximate Retail Value (“ARV”): $19,000.00. 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.
5 FIRST PRIZES: A pair of headphones. Each ARV: $300.00.
5 SECOND PRIZES: A pair of wireless earbuds. Each ARV: $251.20.
5 THIRD PRIZES: Wireless speakers. Each ARV: $150.00.
Total Prize ARV: $22,506.
For All Prizes: The actual value of electronic prizes is subject to price fluctuations in the
consumer marketplace based on, among other things, any gap in time between the date
the ARV is estimated for purposes of these Official Rules and the date the prize is
awarded or redeemed. 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,
outbreak of widespread illness, pandemic, or other similar occurrence, civil unrest, 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 C3 Presents, LLC and its
landlords or licensors (related to the Festival), if any, Capital of Texas Public
Telecommunications Council, Inc., Austin Parks Foundation, the City of Austin, Live
Nation Worldwide, Inc., and each of their respective parents, partners, divisions,
subsidiaries, officers, directors, members, managers, affiliates, agents, shareholders and
employees (collectively “Festival Entities”), The Coca-Cola Company, Coca-Cola bottlers,
Merkle Inc., Wakefern Food Corp. and their respective parents, members, subsidiaries,
affiliates, promotional partners, prize partners, agents and agencies, and the officers,
directors and employees of them (collectively 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 https://bit.ly/3qAfNZk. The winner list will be posted
after winner confirmation is complete.
Festival Entities are not Sponsors or the Administrators of this Promotion. All
inquiries regarding the Promotion should be directed to Sponsor and not to
Festival Entities.
Austin City Limits is a registered trademark of Capital of Texas Public Telecommunications
Council.