vitaminwater™ TOPGOLF™ Sweepstakes Official Rules
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: vitaminwater™ TOPGOLF™ Sweepstakes (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 The Coca-Cola Company (“Sponsor”), Coca-Cola bottlers, Momentum Worldwide, Topgolf International, Inc., HelloWorld, Inc. (“Administrator”), and each of their respective 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 Sweepstakes is subject to all applicable federal, state, and local laws and regulations and is void where prohibited. Participation 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 the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. Timing: The Sweepstakes begins on November 1, 2019 at 12:00 a.m. Eastern Time ("ET") and ends on November 30, 2019 at 11:59 p.m. ET (the "Promotion Period"). Instagram's servers are the official time-keeping devices for the Sweepstakes.
3. How to Enter: There are 2 ways to enter; see details and entry limit below:
During the Promotion Period, take the following actions to receive an entry: (1) Follow @topgolf on Instagram; and (2) post 1 photo or 1 video showing your golf swing and include the hashtag #swing4swagcontest in the original post.
Instagram stories, or Instagram posts where the hashtag is included in a comment to the original post, will not be deemed entries.
Your Instagram post and its included content will collectively be referred to as your submission ("Submission"). Your Submission must be your original work. Your Submission need not include any reference, positive or negative, to Sponsor's or Topgolf's products or services.
By posting your Submission, you agree that it conforms to the guidelines, permissions, and content restrictions below and that Sponsor, in its sole discretion, may disqualify you if it believes that it fails to conform. If your Submission complies with these Official Rules, you will receive 1 entry into the Sweepstakes.
- The Submission must meet the format and size requirements of Instagram; and
- The Submission must contain the hashtag #swing4swagcontest in the original post.
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.
- 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 contain photo collages;
- The Submission must not contain content created by a third party, such as images or artwork;
- The Submission should not feature visible brand names or trademarks other than those owned by Sponsor or Topgolf, which entrant has a limited license to use in his/her Submission in this Contest;
- The Submission must not disparage Sponsor, Topgolf, Administrator, or any other person or party;
- Submission must not promote alcohol, illegal drugs, tobacco, or firearms/weapons or promotion any political agenda;
- The Submission must not contain material that is inappropriate, offensive, indecent, obscene, profane, tortious, defamatory, slanderous or libelous, including nudity or wardrobe malfunctions;
- 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;
- The Submission cannot have been submitted previously in a promotion of any kind or exhibited or displayed publicly through any means, unless earlier in this Sweepstakes;
- The Submission must not include any private information of a third party such as name, address, phone number, or email address; or
- 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.
Released Parties (as defined in Section 7, below) are not responsible for lost, late, unreceived, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected Submissions or failure to receive Submissions due to limitation of third-party social network platforms all of which will be void.
b. Via Mail: During the Promotion Period, to enter without posting on Instagram, hand print your full name, mailing address, (no P.O. Boxes), day/evening/cellular phone number (if any), email address and date of birth on a 3" x 5" piece of paper and mail it in an envelope with proper postage to "vitaminwater™ TOPGOLF™ Sweepstakes – Sweeps Entry," P.O. Box 5025, Department 842187, Kalamazoo, MI 48009-5025. You will receive 1 entry into the Sweepstakes. Limit: 1 entry per stamped envelope. All mail-in entries must be handwritten, postmarked by November 30, 2019 and received by December 9, 2019. All entries become the exclusive property of Sponsor and none will be acknowledged or returned. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible, illegible, misdirected or postage-due entries, which will be disqualified.
Limit: You may enter 5 times during the Promotion Period. Each Submission must be unique to qualify as an entry. Multiple entrants are not permitted to share the same Instagram account. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different Instagram accounts, identities, registrations and logins, or any other methods will void that entrant's entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any registration, the authorized account holder of the Instagram account used to register 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 used to create the Instagram account. Each potential winner may be required to show proof of being an authorized account holder.
4. 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.
5. Drawings: Administrator is an independent judging organization whose decisions as to the administration and operation of the Sweepstakes and the selection of the potential winners are final and binding in all matters related to the Sweepstakes. Administrator will randomly select the potential Sweepstakes winners from all eligible entries received during the Promotion Period, on or around December 12, 2019. If a potential winner entered via Instagram, he/she will be notified by @topgolf via Direct Message or reply comment and will be required to provide his/her name, mailing address (no P.O. Boxes), email address and date of birth to confirm eligibility and for prize fulfillment purposes within 5 days of the date notice or attempted notice is sent into order to claim the prize. If a potential winner entered by mail, he/she will be contacted by email. If a potential winner of any prize cannot be contacted, fails to provide any requested information within the required time period, or the prize is returned as undeliverable, the potential winner is disqualified and forfeits his/her prize. Receiving a prize is contingent upon compliance with these Official Rules. In the event that a potential winner 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 10 to 12 weeks after the conclusion of the Sweepstakes.
6. Prizes: 50 GRAND PRIZES: 1 golf umbrella and 1 fanny pack. Approximate Retail Value ("ARV"): $125.
100 FIRST PRIZES: 1 pair of golf gloves. One size fits most. ARV: $35
For All Prizes: All prize details, including size and color, will be determined by Sponsor in its sole discretion. No substitution, exchange, or transfer of any prize by any winner. Sponsor reserves the right to substitute any prize for one of equal or greater value. Winners are responsible for all taxes and fees associated with prize receipt and/or use. Odds of winning a prize depend on the number of eligible entries received during the Promotion Period. Limit: 1 prize per person. Total ARV of all prizes: $9,750.
7. Release: By receipt of any prize, winners agree to release and hold harmless Sponsor, Coca Cola bottlers, Momentum Worldwide, Topgolf International, Inc., Administrator, Instagram, LLC, and their respective 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 Sweepstakes or receipt or use or misuse of any prize.
8. Publicity: Except where prohibited, participation in the Sweepstakes constitutes each winner’s consent to Sponsor’s and its agents’ use of winner’s name, prize information, likeness, Submission, photograph (including, without limitation, winner's Instagram profile photo), voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
9. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. In such event, 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 or all of the prizes offered herein. 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 deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages 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.
10. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (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 entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (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 Sweepstakes or receipt or use or misuse of any prize. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, not received, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes, if it is possible. 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 in these Official Rules 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.
11. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes 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 Sweepstakes, 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 Sweepstakes, 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's List: For a winner list, visit http://bit.ly/2kCIcQ5. The winner list will be posted after winner confirmation is complete.
14. Sponsor: The Coca Cola Company, One Coca Cola Plaza, Atlanta, GA 30313.
Administrator: HelloWorld, Inc., 3000 Town Center, Suite 1200, Southfield, MI 48075.
© 2019 HelloWorld, Inc. All rights reserved.
This promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram, LLC.