| Rules and RegulationsAnd America’s Favorite Park Is...
Updated: 8/9/2011
America Is Your Park Official Rules
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR PARK'S CHANCES OF WINNING.
SUMMARY: America Is Your Park (the "Contest") offers consumers the opportunity to directly affect the community by nominating their favorite public park to receive a grant from The Coca-Cola Company to restore, rebuild or enhance places within the park that people can play in or be active. Consumers can nominate a park, vote for a park, check in at a park and submit a photo of the park. Some of the listed actions earn votes (each a "Vote") for the park and the total number of Votes earned will determine the winning parks, as described below.
1. Eligibility:
a) Consumer Eligibility: Only legal residents of the 50 United States including the District of Columbia who are at least 13 years old at the time of participation are eligible to nominate a park, vote, check in, or submit photos of a park. Further details of actions that earn Votes are set forth in Section 5 below.
b) Park Eligibility: Only public parks (each a "Park") located in one of the 50 United States or the District of Columbia are eligible for nomination and participation. Parks located at schools, apartment complexes, hotels, private residential subdivisions, for-profit businesses and any other like entity will not be eligible, even if they appear in the Contest. Please note that Parks located in Alaska and Hawaii will not appear on the map for this Contest until you run a search for them. If your park does not appear on the Google map, use the application search functionality, or email the name, city, state and zip code of the park to parks@allidura.com to request that your Park be included ("nominate"). Sponsor will determine, in its sole discretion, whether to add a Park. See further details, requirements and restrictions for eligible Parks in Sections 6 and 7 below.
Employees and non-employee workers of The Coca-Cola Company, Coca-Cola bottlers, Allidura Communications, a Chandler Chicco Company, Moxie Interactive, a division of Zenith Media Services, Inc. ("Moxie"), MediaVest, Leo Burnett, Burson-Marsteller, ePrize, LLC, and their respective parents, subsidiaries, affiliates, and agents, and any agencies or other companies involved in the development or execution of the Contest or production or distribution of Contest materials, as well as 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 where prohibited by law.
2. Sponsor: The Contest is sponsored by Coca-Cola North America, a division of The Coca-Cola Company, One Coca-Cola Plaza, Atlanta, GA 30313. Administrator: ePrize, LLC, One ePrize Drive, Pleasant Ridge, MI 48069.
3. Agreement to Official Rules: Participation in this Contest constitutes participant’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 Contest. Grant distribution is contingent upon participating consumers and Park representatives fulfilling all requirements set forth herein.
4. Timing: The Contest begins on June 29, 2011 at 12:00 a.m. Eastern Time ("ET"), and ends on September 6, 2011 at 11:59 p.m. ET (the "Contest Period"). For purposes of this Contest, a day begins at 12:00 a.m. ET and ends at 11:59 p.m. ET on the same calendar day. Moxie's computer is the official time-keeping device for the Contest.
5. How to Participate in the Contest: You do not need to register for the Contest in order to vote, but you must register in order to upload photos and to check in at a Park.
a) Voting: During the Contest Period, visit www.LivePositively.com\americasparks and follow the links and instructions to locate and vote for a Park (as defined in Section 1 above) on the map. Each eligible vote will earn 1 Vote for the Park. You do not need to register for the Contest in order to vote, but you must register in order to upload photos or videos and to check in at a Park.
b) Uploading Photos: During the Contest Period, once you have located a Park, if you'd like, follow the links and instructions to complete and submit the registration form including a valid email address. Once you have registered, you may upload a photo or photos of the Park, showing just the Park or yourself and/or your family members at the Park. Each time you upload a unique, approved photo, the Park will earn 5 Votes.
c) Checking In: During the Contest Period, you may also check in at the Park using a smart phone and Facebook Places application up to 20 times per day. Each eligible check in will earn 5 Votes for the Park.
For All Photos: Photos are referred to as "Submissions." If you are a minor in your state of residence, be sure you have your parent's or legal guardian's permission to upload a photo. By uploading a Submission, you agree that it conforms to the Guidelines and Restrictions defined below and that Sponsor, in its sole discretion, may remove your Submission and disqualify you from participating in the Contest (void your Votes, check ins and Submissions) if it believes, in its sole discretion, that your Submission fails to conform to the Guidelines and Restrictions.
Guidelines:
Submission must be in .jpg, .jpeg, .png, or .bmp format;
Submission must not exceed 5 MB in size and resolution must not exceed 525 x 655;
Submissions must show, depict, include or feature some portion of the Park;
Submissions, if they contain images of people, must only contain images of you and/or your family members and no other people;
Submissions must be your own original work; and
Submissions cannot have been submitted previously in a promotion of any kind or exhibited or displayed publicly through any means, but they can be submitted more than once to this Contest.
Content Restrictions:
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 disparage Sponsor, Administrator or any other person or party affiliated with the Contest;
The Submission must not contain brand names or trademarks other than those owned by Sponsor, which participant has a non-exclusive limited license to use to incorporate in his/her Submission in this Contest;
The Submission must not contain images or artwork not created by participant, as determined by Sponsor in its sole discretion;
The Submission must not contain material that is inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous, as determined by Sponsor in its sole discretion;
The Submission must not contain material that, in the opinion of Sponsor, 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.
Limits: Each participant may vote as many times as he or she wants per Park, may upload up to 20 photos per Park per day during the Contest Period, and may check in up to 20 times per day per Park during the Contest Period. Check ins and Submissions received from any person, email address or smart phone in excess of the stated limits will be void. Submissions and/or votes generated by script, macro or any other automated means are void. Uploading a Submission constitutes participant’s consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, sub-license, and display such Submission 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, but not limited to, for promotional or marketing purposes. If requested, participant will sign any documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights participant is granting to use the Submission. Released Parties (as defined in Section 9, below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected Submissions; all of which will be void.
Note: A participant will not receive any award or prize for voting for, checking in at, or uploading a Submission for any Park, regardless of whether the Park wins a grant.
6. Winning Park Determination: At the end of the Contest Period, Moxie will calculate the total number of Votes accumulated for each Park. The Park with the most Votes will be deemed the potential First Place winner, the second-highest number of Votes, the potential Second Place winner and the third-highest number of Votes the potential Third Place winner. In case of a tie between two or more Parks, Sponsor will compare the number of unique Submissions uploaded for each of the tied Parks and the one with the highest number of unique Submissions uploaded will be the winner of the tie. Sponsor will contact a Park representative to work with (individually or collectively a "Representative") and will notify the Representative from the potential First Place Park by email, mail or phone on or around September 15, 2011. Representative will be required to complete an acceptance document (the "Acceptance Document") within 30 business days or forfeit the grant. Once the First Place Park is confirmed, the other winning Parks will be contacted. If any potential winning Park forfeits, cannot be reached or is disqualified for any reason, Sponsor reserves the right to contact a runner-up Park, if any, in its sole discretion. Otherwise, the grant will remain un-awarded. Sponsor reserves the right, in its sole discretion, to select an alternate winner for any grant should the voting or any other portion of the Contest appear to have been tampered with or manipulated in any way.
7. Winning Park Requirements: Signing the Acceptance Document and acceptance of any grant shall constitute and signify the Representative's agreement and consent, on behalf of the Park, that Sponsor and its designees may use the Representative's and/or the Park's name, city, state, photo, supporting Submission(s) and/or grant 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. Without limiting the generality of these Official Rules, each participant shall irrevocably grant, transfer, convey and assign to Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license in and to the Submission(s) as described in Section 5 above. Each participant accepts and acknowledges that Sponsor shall not be obligated to use any particular Submission and that Sponsor in its sole discretion shall have the right to refrain from using the Submission(s). Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder. Each Representative and each participant will indemnify Sponsor, Released Parties (as defined in Section 9, below) 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, except where prohibited by law. Parks will be contacted about the details of grant fulfillment within approximately 8 – 10 weeks after all winning Parks are confirmed at the end of Contest.
8. Grants: 1 FIRST PLACE GRANT: $100,000 that must be used to restore, rebuild or enhance places within the Park in which people can play or be active. Whether it’s buying new equipment, such as bikes and kayaks, or building activity areas, our grants will help provide community residents and visitors more ways to be active while at the Park. Actual Retail Value ("ARV"): $100,000. 1 SECOND PLACE GRANT: $50,000 that must be used as specified above. ARV: $50,000. 1 THIRD PLACE GRANT: $25,000 that must be used as specified above. ARV: $25,000. NOTE: The participant will not receive any award or prize of any kind for supporting a winning Park in this Contest.
Each grant will be in the form of a check that must be used for the purpose stated above. Restrictions, terms and conditions of grants apply. Grants must be used before September 30, 2012. Grants are non-transferable and no substitution will be made except as determined by the Sponsor in its sole discretion. Sponsor reserves the right to substitute a grant for something of equal or greater value if the designated grant should become unavailable for any reason. Parks, their Representatives or municipalities are responsible for all taxes and fees associated with grant receipt and/or use, if any are applicable. Limit: 1 grant per Park.
9. Release: By participating in this Contest, each participant and by receipt of any grant by the applicable Park, each Representative agrees to release and hold harmless The Coca-Cola Company, Coca-Cola Bottlers, Allidura Communications, a Chandler Chicco Company, Moxie Leo Burnett, MediaVest, Burson-Marstellar, Administrator and their respective parents, subsidiaries, affiliates, and agents, and any agencies or other companies involved in the development or execution of the Contest or production or distribution of Contest materials, 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 grant.
10. General Conditions: If for any reason, the Contest is not capable of running as planned by reason of infection by virus, bugs, worms, tampering, unauthorized intervention, fraud, technical failures, or any other causes which, in the sole opinion of the Sponsor, may corrupt or affect the administration, operation, security, fairness, integrity or proper conduct of this Contest, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Contest, and select the winning Parks, from the eligible Parks that were involved in the Contest prior to the action taken or in other such manner as deemed fair and appropriate by Sponsor. Sponsor, in its sole discretion, reserves the right to disqualify any individual, participant or Representative it finds to be tampering with the Submission, check in, and/or voting 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 to void all associated Submissions, check ins, Votes, and/or the Park's participation, in Sponsor's discretion. 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 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.
11. Limitations of Liability: Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by participant, 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, cellular networks, or network hardware or software; (3) unauthorized human intervention in any part of the Submission, voting or check in process, or the Contest; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Contest, the uploading, the processing or tabulation of Parks, Submissions, check ins or Votes, the announcement of the grants 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 participant’s participation in the Contest or receipt or use or misuse of any grant (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, cellular networks, 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.
12. Disputes: Except where prohibited, each participant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any grant 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 participant be permitted to obtain awards for, and each participant 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 each participant, Representative, Park, 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.
13. Winner List: For a winner list, visit http://bit.ly/iTOxM4. The winner list will be posted after winner confirmation is complete.
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