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#HBCUCRUSHPROMOTION Video Promotion Contest
Official Rules
NO PURCHASE NECESSARY TO ENTER. A PURCHASE OR PAYMENT OF ANY KIND WILL
NOT INCREASE YOUR CHANCES OF WINNING A PRIZE.
1. Eligibility: #HBCUCRUSHPROMOTION Video Promotion (the “Promotion”) consists of a contest (the
“Contest”) and a sweepstakes (the “Sweepstakes”)
The Contest is open only to legal residents of the United States and the District of Columbia who are at
least eighteen (18) years old at the time of entry and who are current students during the 2022-23 school
year at one of the following colleges and universities: NC A&T, Winston Salem State University, Howard
University, Morgan State, Coppin State, Paine College, Claflin University, Benedict College, Hampton
University, Norfolk State, Virginia Union, and West Virginia State (each an “Eligible School”).
The Sweepstakes is open only to legal residents of the fifty (50) United States and the District of Columbia
who are at least eighteen (18) years old at the time of entry.
Employees of Dr Pepper/Seven Up, Inc. (the “Sponsor”), Merkle Inc. (the “Administrator”), and any of
their parent and affiliate companies as well as the immediate family (spouse, parents, siblings, and children)
and household members of each such employee are not eligible. The Promotion is subject to all applicable
federal, state, and local laws and regulations and is void where prohibited.
2. Sponsor: Dr Pepper/Seven Up, Inc., 6425 Hall of Fame Lane, Frisco, TX 75034. Administrator: Merkle
Inc., 3000 Town Center, Suite 2100, Southfield, MI 48075.
3. Agreement to Official Rules: Participation in this Promotion 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 Promotion. Winning a prize is contingent upon fulfilling all requirements set forth
herein.
4. Timing: The Promotion begins on September 4, 2022 at 12:00 a.m. Eastern Time (“ET”), ends on
October 16, 2022 at 11:59 p.m. ET (the “Promotion Period”) and consists of three (3) phases (each a
“Phase”), as outlined below:
Phase Start Date at 12:00 a.m. ET End Date at 11:59 p.m. ET
Submission September 4, 2022 October 7, 2022
Judging October 8, 2022 October 9, 2022
Voting October 10, 2022 October 16, 2022
Administrator’s computer is the official time-keeping device for the Promotion.
5. How to Enter the Contest: In order to enter the Contest, you must form a team (“Team”). Your Team
must contain at least two (2) people but must not exceed ten (10) people. Each Team member must meet
the eligibility requirements in Paragraph 1 above. You must only participate in one (1) Team.
Participation Requirements: To participate, each Team member will need to have an Instagram account
(“Account”). Creating an Account is free but is subject to the terms and conditions
(http://instagram.com/about/legal/terms/#). Posting on Instagram requires a mobile device and
therefore message and data rates may apply. If entering via a mobile device and using your wireless
carrier’s network, standard data charges from your wireless carrier may apply.
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Entry Requirements: During the Submission Phase, take the following actions to receive an entry into the
Contest:
(1) Visit https://www.hbcucrushcontest.com/ (the “Website”) and follow the links and instructions to
complete and submit the registration form including your email address and your Instagram handle.
(2) Create a up to 2-minute video of your Team stepping using only your hands, feet, and mouth without any
background music (“Video”). Your Video will be disqualified if it includes any background music.
(3) Follow the links and instructions to also upload the Video to the Website.
(4) Post the Video on Instagram and include the hashtag #HBCUCRUSHCONTEST within the original
Instagram caption and post. In addition, @mention each Team member’s Instagram handle in the original
caption.
(5) Your Instagram account settings must remain public during the Promotion Period and until the prizes are
awarded (as described in Section 8); and
(6) You must not change your Instagram handle during the Promotion Period and until the prizes are
awarded (as described in Section 8).
Your post need not include any reference, positive or negative, to Sponsor’s products or services. Including
a reference or image in your social post will not improve your chances of winning. Instagram stories, and
Instagram posts where the hashtag is included in a comment rather than the caption of the original post will
not be deemed entries.
By posting on Instagram/uploading the Video, (herein your “Submission”), you agree that it conforms to the
guidelines, permissions, and content restrictions below and that Sponsor, in its sole discretion, may remove
your Submission from a gallery, if any, and disqualify you if it believes that it fails to conform. Where your
Submission meets all requirements, your Submission will be deemed one (1) Contest entry.
Guidelines:
The Submission must meet the format and size requirements on Instagram.
The Submission must be in .mpg, .mp4, .mov, or .avi format when uploaded via the Website.
The video must not exceed two (2) minutes in length.
The Submission 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.
Content Restrictions:
The Submission must be your Team’s original work.
The Submission must not convey any claims of Sponsor’s products or services that would be
deemed unsubstantiated or deceptive if made by 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 and therefore the Submission must not contain brand names or trademarks other
than those owned by Sponsor.
The Submission must not contain content created by a third party, such as music,
choreography, images, or artwork.
The Submission must not disparage Sponsor, or any other person or party.
Submission must not promote or reference alcohol, illegal drugs, tobacco, or firearms/weapons,
any activities that are or appear to be dangerous, or any political agenda.
The Submission must not contain material that is inappropriate, offensive, indecent, obscene,
sexually explicit, 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.
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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 upload one (1) Submission per Team during the Submission Phase. Submissions
received from any person or email address in excess of the stated limit will be void. Submissions generated
by script, macro or other automated means are void. In the event of a dispute as to any Submission, the
authorized account holder of the email address used to register will be deemed to be the entrant and must
comply with these Official Rules. 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. Each entrant may be
required to show proof of being an authorized account holder. Released Parties (as defined in Section 11,
below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled,
delayed, or misdirected Submissions; 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. How to enter the Sweepstakes: During the Voting Phase, visit https://www.hbcucrushcontest.com/ and
follow the links and instructions to vote on the Finalist (as defined in Section 8) you believe should win the
Contest. You will receive one (1) entry into the Sweepstakes for each vote you submit. Limit: Each entrant
may receive one (1) Sweepstakes entry per day during the Voting Phase through this method. Multiple
entrants are not permitted to share the same email address. Any attempt by any entrant to obtain more than
the stated number of entries by using multiple/different email addresses, identities, registrations and logins,
or any other methods will void that entrant’s entries and that entrant may be disqualified. Use of any
automated program to enter will result in disqualification. Sponsor is not responsible for lost, late,
incomplete, invalid, unintelligible or misdirected registrations, which will be disqualified. In the event of a
dispute as to any online entry, the authorized account holder of the email address used to enter will be
deemed to be the entrant. Potential winners may be required to show proof of being the authorized account
holder. 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. If prompted to provide personal data of a friend,
including email address, you must have consent of your friend to do so.
8. Winner Determination: Winners will be determined according to the process set forth below.
Contest:
a. Judging Phase: During the Judging Phase, a panel of qualified judges determined by
Sponsor in its sole discretion will select the ten (10) Teams with the highest-scoring
Submissions (the “Finalists”) from among all eligible Submissions based on the following
criteria (“Judging Criteria”):
Creativity (are the steps exciting; and does the routine seem creative or are the steps
repetitive) (50%)
Precision (Sharpness of movements; team in sync; and on beat) (30%); and
Appearance (Transition from one formation to another and is the movement smooth
and choreographed) (20%)
In the event of a tie, the entrant whose Submission received the highest score for Creativity, as
determined by the qualified judges, in their sole discretion, will be deemed the applicable
Finalist from among the tied entrants. Sponsor reserves the right to select fewer than the stated
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number of Finalists, if, in its sole discretion, it does not receive a sufficient number of eligible
and qualified Submissions. Sponsor will not disclose judging scores
b. Voting Phase: During the Voting Phase, the Finalists’ Submissions will be posted in an
online gallery for public voting at https://www.hbcucrushcontest.com/. Persons who meet the
Sweepstakes eligibility criteria as set forth in Section 1 will be invited to vote for the Submission
they believe has the most public appeal. You will also receive a coupon good for $1 off one
12pk or two 20oz CRUSH (regular and zero). Coupon valid 10/1/22-10/31/22. Terms and
conditions of coupons apply. Coupons will be fulfilled via email on or around October 3, 2022.
Limit: Each person may vote one (1) time per day during the Voting Phase; each person my
receive one (1) coupon during the Voting Phase. Multiple votes received from any person or
email address in excess of the stated number will be void. Any attempt by any Finalist or voter
to obtain votes by any fraudulent or inappropriate means, including without limitation, offering
prizes or other inducements to members of the public as determined by Sponsor in its sole
discretion, by using any automated program, by using multiple/different email addresses,
identities, registrations and logins, or any other methods, will void those votes for the Finalist’s
Submission and Finalist may be disqualified as determined by Sponsor in its sole discretion.
Subject to the Finalist’s compliance with these Official Rules, the Finalist whose Submission
receives the highest number of valid votes during the Voting Phase will be deemed the
potential Grand Prize winner. The next two (2) Finalists whose Submissions receive the next
highest number of valid votes during the Voting Phase will be deemed First Prize and Second
Prize winners, respectively. In the event of a tie, the entrant whose Submission received the
highest score for Creativity, as determined by the qualified judges in their sole discretion, will be
deemed the potential winner from amongst the tied Finalists. Sponsor reserves the right, in its
sole discretion, to select an alternate winner should the voting appear to have been tampered
with or manipulated in any way.
Sweepstakes: Sponsor’s decisions as to the administration and operation of the Sweepstakes and
selection of potential Sweepstakes winners are final and binding in all matters related to the
Sweepstakes. Administrator will randomly select the potential Sweepstakes winners from all
eligible entries on or around October 17, 2022 and will notify each potential winner by mail, email,
or phone at that time.
9. Winner Requirements: Potential Contest winners will be notified on or around October 23, 2022. Each
potential winner of each Team will be notified by email. Each potential winner of each Team (parent/legal
guardian if a minor in his/her state of residence) will be required to sign and return a Declaration of
Compliance, Liability Waiver and, where not prohibited, a Publicity Release (“Declaration”), which must be
received by Administrator within five (5) days of the date notice or attempted notice is sent, in order to claim
their prize. All winning Team members must complete and return the Declaration in the stated timeframe in
order to claim the prize. If one Team member does not complete the Declaration, the entire Team forfeits
the prize. All Sweepstakes potential winners will be required to provide full contact information to confirm
eligibility and for prize fulfillment purposes within five (5) days of the date notice or attempted notice is sent,
in order to the claim the prize offered. If a potential winner cannot be contacted, fails to execute and return
the Declaration or provide any other requested information, within the required time period (if/as applicable),
does not comply with these Official Rules, or if prize is returned as undeliverable, potential winner forfeits
the prize. If a potential Contest winner is disqualified for any reason, the prize may be awarded to a
runner-up, if any, in Sponsor’s sole discretion. Only three (3) alternate winners may be determined, after
which the applicable prize will remain un-awarded. In the event that a potential Sweepstakes Prize winner
is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random
drawing from among all eligible entries. Only three (3) alternate drawings will be held after which the
applicable prize will remain un-awarded.
10. Prizes:
Contest:
ONE (1) GRAND PRIZE: $10,000.00 divided amongst the Grand Prize-winning Team. Approximate Retail
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Value (“ARV”): $10,000.00.
ONE (1) FIRST PRIZE: $7,500.00 divided amongst the First Prize-winning Team. ARV: $7,500.00.
ONE (1) SECOND PRIZE: $5,000.00 divided amongst the Second Prize-winning Team. ARV: $5,000.00.
Limit: One (1) Contest prize per Team.
Sweepstakes:
TEN (10) SWEEPSTAKES PRIZES: A pair of headphones. 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. ARV: $395.00. Odds of winning a Sweepstakes prize depend on the number of eligible entries
received during the Voting Phase. Limit: One (1) Sweepstake prize per person.
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. Prizes will be fulfilled 8 – 10 weeks after the
end of the Promotion.
11. Release: By receipt of any prize, each winner agrees to release and hold harmless the Sponsor,
Instagram, Inc., Administrator, 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 Promotion or receipt or use
or misuse of any prize.
12. 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 Promotion 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.
13. Ownership of Submission: Each Contest winner shall irrevocably grant, transfer, convey and assign
to Sponsor the entirety of the rights in and to the Submission and all renewals and extensions of copyright,
and the right to secure copyright registrations thereto in perpetuity including, without limitation, the rights 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.
14. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Promotion if any
fraud, technical failures, human error, any other factor impairs the integrity or proper functioning of the
Promotion, or any event or cause beyond Sponsor’s control (e.g. events such as natural calamities, national
emergencies, wide spread illnesses, declarations of war, acts of God, acts of terrorism) interferes with any
aspect of the Promotion, including but not limited to fulfillment of the prize(s), 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 entries received up to time of such action using the judging procedure outlined above.
Sponsor may also modify the prizes offered. In addition, Sponsor reserves the right to disqualify any
individual it finds to be tampering with the Entry process or the operation of the Promotion or to be acting in
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violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner
and void all associated Entries. Any attempt by any person to deliberately undermine the legitimate
operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be
made, Sponsor reserves the right to seek damages and 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.
15. 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 Promotion; (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 Promotion; (4) printing,
typographical, technical, computer, network or human error which may occur in the administration of the
Promotion, the uploading, the processing or judging of Submissions or votes or the tabulating of votes, the
announcement of the prizes or in any Promotion-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 Promotion 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.
16. 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 Promotion 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 Promotion, 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 Promotion, 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.
17. Entrant’s Personal Information: Information collected from entrant is subject to Sponsor’s Privacy
Policy https://www.keurig.com/content/privacy-policy.
18. Winner List: For a winner list, please click here. The winner list will be posted after winner confirmation
is complete.
© 2022 Merkle Inc. All rights reserved.
This promotion is in no way sponsored, endorsed, or administered by, or associated with,
Instagram, Inc. or each Eligible School.