#WhatTheFanta Mystery Mixes Sweepstakes
Official Rules
NO PURCHASE OR CORRECT MYSTERY MIX GUESS NECESSARY
TO ENTER OR WIN. A PURCHASE OR PAYMENT
OF ANY KIND OR CORRECT FLAVOR GUESS WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: The #WhatTheFanta Mystery Mixes Sweepstakes
(the “Sweepstakes”) is open only to
legal residents of the fifty (50) United States and the District of Columbia
who are at least thirteen (13) years old at the time of entry. Employees and non-employee workers of Wendy’s National Advertising Program, Inc.,
Quality Is Our Recipe, LLC and its franchisees and Wendy’s International, LLC
(collectively “Wendy’s”), The Coca‑Cola Company, Coca‑Cola bottlers
and Merkle Inc., and their
respective parent companies, subsidiaries, affiliates, employees, 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. Participation constitutes entrant’s (or parent’s/legal guardian’s if entrant is a
minor in his/her state of residence) 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 the prize is
contingent upon fulfilling all requirements set forth herein.
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.
Timing: The Sweepstakes
begins on October 18, 2021 at 12:00 a.m. Eastern Time ("ET") and ends
on November 7, 2021 at 11:59 p.m. ET (the "Promotion Period"). Twitter’s servers are the official
time-keeping devices for the Sweepstakes.
4. How to Enter:
Participation
Requirements: To participate,
you will need to have a Twitter account.
Creating a Twitter Account is free but is subject to the applicable
terms and conditions: http://twitter.com/tos. If entering via a mobile device and using
your wireless carrier’s network, standard data charges from your wireless
carrier may apply.
Entry Requirements: During the Promotion Period, take the
following actions to receive an entry:
(1) Tweet your guess of the flavor in a Fanta
Mystery Mix available at participating U.S. Wendy’s® and include the
hashtags #WhatTheFanta AND #Sweepstakes in your original Tweet (“Submission”);
(2) Your Twitter
account settings must remain public during the Promotion Period and until the
prizes are awarded (as described in Section 6); and
(3) You must
not change your Twitter handle during the Promotion Period and until the prizes
are awarded (as described in Section 6).
Retweets or Tweets where the hashtag is
included in a reply to the original Tweet will not be deemed entries.
Your Submission need not correctly guess
the flavor in a Fanta Mystery Mix nor include any endorsement, positive or negative,
to Sponsor’s products or services. Including
a correct guess or an endorsement in your Submission will not improve your
chances of winning.
Content Guidelines/Restrictions for your
Entry:
·
Your
Submission must be your original work;
·
Your
Submission must not convey any claims of Sponsor’s products or services that would
be deemed unsubstantiated or deceptive if made by Sponsor;
·
Your
Submission must not disparage Sponsor or any other parties;
·
Your
Submission must not make references to or include any of the following: alcohol,
illegal drugs, tobacco, or firearms/weapons, any activities that are or appear
to be dangerous, or any political agenda;
·
Your
Submission may not be indecent, obscene, sexually explicit, hateful, 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
·
Your
Submission may not be tortious, defamatory, libelous, disparage Sponsor or any
other person or party, or contain material that is unlawful in any way.
By
Tweeting a qualified Submission that conforms to all of the above requirements,
you will receive one (1) Sweepstakes entry. Sponsor,
in its sole discretion, may disqualify any Submission that it finds unlawful or
in violation of these Official Rules.
Entry Limit: You may enter up to three (3) times during
the Promotion Period. Each Submission must be unique to qualify as an
entry. Multiple entrants are not permitted to
share the same Twitter account. Any attempt by any entrant to
obtain more than the stated number of entries by using multiple/different Twitter
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 Twitter 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 Twitter account. The
potential winner may be required to
show proof of being the authorized account holder. Released Parties (as defined
in Section 8, 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.
5. Sponsor’s Use of Social Post
Content: Tweeting
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 (or parent/legal guardian if entrant is
a minor in his/her state of residence) 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.
6. Grand Prize Drawing/Requirements of Potential
Winner: Administrator is an independent judging organization whose
decisions as to the administration
and operation of the Sweepstakes and the selection of the potential winner are final
and binding in all matters related to
the Sweepstakes. Administrator will randomly select the potential Sweepstakes
winner from all eligible entries received during the Promotion Period, on or
around November 8, 2021. The potential winner will be notified by @fanta on Twitter via Direct Message (if following @fanta) or via a
reply to the potential winner’s Tweet (if not following). A reply will instruct the potential winner to
follow @fanta within two (2) days of the date of the reply so he/she can be
Direct Messaged. Via Direct Message, the
potential winner will be directed to a secure online claim form and asked (or parent/legal guardian
if winner is a minor in his/her state of residence) to provide his/her name, email
address, and date of birth to confirm eligibility and for prize fulfillment purposes
within five (5) days of the date notice or attempted notice is sent into order
to claim the prize. The potential winner (or parent/legal guardian if winner is
a minor in his/her state of residence) will also 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 the prize. If a potential
winner of any prize cannot be contacted, fails to follow @fanta or fails
to sign and return the Declaration or
provide any other requested information within the required time
period, or the prize is returned as undeliverable, the potential winner
forfeits the prize. Receiving a prize is
contingent upon compliance with these Official Rules. In the event that the
potential winner forfeits the prize or is disqualified for any reason, Sponsor
will award the prize to an alternate
winner by random drawing from among all remaining eligible entries. Only three (3) alternate drawings will be
held, after which the prize will remain un-awarded. The prize will be fulfilled approximately 8
to 10 weeks after winner confirmation is complete.
7. Prize: One
(1) GRAND PRIZE: A check for $10,000 payable to the winner. Approximate
Retail Value: $10,000.
Prize is non-transferable and no substitution will be made
except as provided herein at the Sponsor’s sole discretion. Sponsor reserves
the right to substitute the prize
for one of equal or greater value if the designated prize should become
unavailable for any reason. Winner
is responsible for all taxes and fees associated with prize receipt and/or
use. Odds of winning the prize depend on
the number of eligible entries received during the Promotion Period. Total ARV of all prizes: $10,000.
8. Release: Except where prohibited, by participating
in the Sweepstakes, each entrant (or parent/legal
guardian if an entrant is a minor in his/her state of residence) agree
to release and hold harmless Sponsor, Coca-Cola bottlers, Wendy’s, Administrator, Twitter, Inc., and their respective subsidiaries,
affiliates and their franchisees, 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.
9. Publicity:
Except where prohibited, participation in the Sweepstakes constitutes winner’s
consent to Sponsor’s and its agents’
use of winner’s name, prize information, likeness, Submission, photograph (including, without limitation, winner's Twitter
profile photo), voice, opinions and/or hometown
and state for promotional purposes in any media, worldwide, without further payment
or 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, civic 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, in its discretion, 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. 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.
12. 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. Entrant's Personal Information: Information collected from entrants is subject
Sponsor’s Privacy Policy https://us.coca-cola.com/privacy-policy/.
14. Winner List: For a winner list, visit https://bit.ly/3xKTxxg.
The winner list will be posted after winner confirmation is complete.
© 2021 Merkle Inc. All rights reserved.
This promotion is in no
way sponsored, endorsed or administered by, or associated
with, Twitter, Inc. Each entrant
understands that he or she is providing information to Sponsor and not to
Twitter, Inc.