2022 Coca-Cola Refreshing Films Contest
Official Rules
Program Overview: The 2022 Coca-Cola Refreshing
Films Contest is a film competition that is
open to qualified filmmaking students and recent graduates of select colleges
and universities. Teams of 2 students/graduates will have the opportunity to
enter a script (each a "Script")
for a 50-second pre-feature film ("Film").
A panel of judges will select up to 4 Scripts and will give the 4 finalist
teams ("Finalist Team")
the opportunity to produce a Film based on their Script. Sponsor intends to only
select 1 Finalist Team from any particular School (defined below) but reserves
the right to select more than 1 Finalist Team. The winning team will have their Film screened nationally across
select cinema locations. The Coca-Cola Refreshing Films Program is open to
qualified filmmaking students without regard to race, color, disability,
religion, sexual orientation, age, nationality or ethnicity or status in any
group protected by federal, state, or local laws. The Coca-Cola Refreshing Films
Program does not discriminate on the basis of race, color, disability,
religion, sexual orientation, age, nationality or ethnic origin or status in
any group protected by federal, state, or local laws, in administration of its
program and activities.
1. Eligibility: The Coca-Cola
Refreshing Films Contest (the "Contest")
is open only
(a) Teams of 2 full time or part time current undergraduate or graduate
students who are in good standing are part of the Film or Animation / VFX
Program from 1* of the schools (each a "School") listed below or students who graduated from one of
these programs who graduated December 2019 or later;
(b) Team members who are at least 18 years of age and who have legal
authorization and documentation to prove such authorization to work in the U.S.
for the entire period of the Contest (as defined in Section 4 below). Students
on visas must have valid U.S. work authorization in order to be eligible to participate.
If a student’s participation violates the terms of the student’s visa, Sponsor
reserves the right to disqualify the student’s Script, Film, and/or Team (as
defined in Section 5 below) from this Contest;
(c) 1 member of the Team must be designated as the producer and the
other Team member can be designated in any other key crew role; and
Once Teams are registered and confirmed to be eligible to participate, any
personal information that Teams provided will be removed from the data saved
and associated with the Team. No
individuals that are part of the administration or judging of this Contest will
have access to this information about a Team.
Participating Schools:
Each School
listed above may have additional eligibility restrictions or limitations
regarding who can participate.
A Team will be
disqualified if it engages in or is discovered to have engaged in Prohibited
Behavior. “Prohibited Behavior”
means any action or statement by a Team member that brings that Team member
into public disrepute, contempt, scandal or ridicule, or that shocks or offends
the community or any group or class thereof, or that reflects unfavorably upon any
of the Released Parties (define in Section 10, below) or the Contest, that puts
the Contest in poor standing, that is deemed by Sponsor to be unsportsmanlike
conduct, impugns the reputation of others, or that reduces the commercial value
of the Released Parties’ association with the Team member. In addition, all
program communications, including emails to and from the agency production
coach are internal only and are not to be shared on social media or in any
other manner. If, in the sole discretion of Sponsor, a Team or Team member
engages in Prohibited Behavior, Sponsor may take any action it deems
appropriate up to and including disqualification from the Contest.
Current employees and non-employee workers of The Coca-Cola Company, Coca-Cola bottlers, Merkle Inc., (“Contest Entities”) 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 Coca-Cola Company, One Coca-Cola Plaza, Atlanta, GA 30313.
Administrator: Merkle Inc., 3000
Town Center, Suite 2100, Southfield, MI 48075.
4. Timing: The Contest begins on September
20, 2021 at 12:00 p.m. Eastern Time ("ET"),
the initial Script Submission is due on October 22, 2021 at 11:59 p.m. ET, and
the final Film Submission (only relevant for the 4 Finalist Teams) is due on
April 1, 2022 at 11:59 p.m. ET (the "Promotion
Period").
The 4 Finalist Teams will be announced on or about December 13, 2021.
The Contest consists of several phases as outlined in the chart below. All
dates after the Finalist Notification dates are subject to change, in the
Sponsor’s sole discretion.
|
Start Date (at 12:00 a.m. ET unless otherwise specified) |
End Date (at 11:59 p.m. ET unless otherwise specified) |
|
|
Script Submission (AKA Call for Entries) |
September 20, 2021 |
October 22, 2021 |
|
Semi-Finalist Notification |
November 12, 2021 |
NA |
|
Semi-Finalist Revisions and Storyboards Due |
November 13, 2021 |
November 18, 2021 |
|
Determination, Notification & Confirmation of Finalists |
November 12, 2021 |
December 13, 2021 |
|
Pre-Production |
December 14, 2021 |
January 12, 2022 |
|
Production |
January 13, 2022 |
February 20, 2022 |
|
Post-Production |
February 21, 2022 |
April 1, 2022 |
|
Red Ribbon Panel Grand Prize Jury selection |
April 6, 2022 |
April 13, 2022 |
|
Winner Announcement (Specific announcement date is to be determined within the timeframe
allocated). |
April 16, 2022 |
May 16, 2022 |
Sponsor's
computer is the official time-keeping device for this Contest.
5. How to Enter: During the Script Submission Phase, each Team will be provided with materials
from their School about the requirements of this Contest, including a program brief
(the “Program Brief”), these
Official Rules, budget template, and contact information. The Program Brief will
describe the content theme of the film.
A.
Enter Online (must have
a gmail account to enter): Using the information
described above, 1 Team member will complete the online application form (“Application”) and will be prompted to
upload the Team’s Script, a proposed budget signed by Team Members and Team
Member’s School’s key faculty (the “Budget”)
and confirm that Team Members meet the eligibility requirements as part of the Application.
The Application, Script and Budget will be referred to in these rules as
the submission ("Submission").
B.
Online + Email Method: Team completed
the online Application as described above in Subsection A, but submits the
Script and Budget signed by Team Member and Team Member’s School’s key faculty
administrator (the “Budget”) WITHIN 30 MINUTES OF SUBMITTING THE ONLINE
APPLICATION via email to info@cocacolarefreshingfilms.com.
FOR BOTH METHODS OF ENTRY:
Teams may only submit 1 Script with each Application. Students are
encouraged to submit multiple Initial Submissions into the Contest. A student
may participate on more than 1 Team and Teams may submit multiple scripts. There
is no limit to the number of Submissions that an eligible student can make. Teams
are permitted to consult with their School administrators. Team members may not
be allowed to use School's equipment or facilities to produce the Script
without first satisfying the applicable School's requirements for doing so. If
a student has not taken the necessary course prerequisites, the student may
want to form a Team with someone with the appropriate access to the equipment
and facilities.
See additional Script Requirements and Content Restrictions in bulleted sections below. Both Team members must be identified on the Application or the Team will be disqualified. Only Team members identified on the Application will be eligible for any prize in this Contest. Submissions must be submitted by 11:59 p.m. ET on October 22, 2021. Once the Application is processed, the Team member who submitted it will receive an email confirmation to confirm that Application has been received. It can take up to 5 days to receive an email confirmation. If that 5-day window has passed, students can send an email to info@cocacolarefreshingfilms.com and request confirmation of receipt.
By uploading/emailing a Submission, you agree that it conforms to the
Script Requirements and Content Restrictions as defined below and that Sponsor,
in its sole discretion, may remove your Submission and may disqualify you from
the Contest if it believes your Submission fails to conform to the Script
Requirements and Content Restrictions or does not meet any other criteria
stated elsewhere in these Official Rules.
Script &
Budget Requirements:
●
Must be in English;
●
Must be the length appropriate for a 50-second
Film (approximately 2 pages or less);
●
Must NOT contain a title page (in addition to
the pages above). The title should be listed at the top of the script;
●
Must NOT display the names of the Team members,
or the name of the School on the script;
●
Must not include any beverages other than
Coca-Cola Beverages;
●
Must
only include approved Coca-Cola trademarks supplied by Sponsor; and
●
Budgets must demonstrate that it will be filmed and
produced safely consistent with COVID guidelines, by designating at least $600
for COVID safety as set by industry standards and each college/University.
Submission Guidelines:
●
Eligible students must submit their
Applications, Scripts, and Budgets as part of a Team. Selected participants
will use their Budgets to hire the appropriate crew and obtain any resources or
equipment necessary to complete the Film production;
●
One of the Team member must be a producer; the
other may be any key crew role;
●
Must be able to create and produce as a Film for
$18,000 or less;
●
Students may submit as many Applications,
Scripts, and associated Budgets, as they would like. In fact, we recommend
multiple Submissions;
●
If email submission is used, the single Script
and Budget associated with the Application must be sent within 30 minutes of
submitting the online Application. If you are submitting multiple Scripts, you
must submit also submit a separate Application for each of them.
●
If email submission is used, all Submission
components must be sent in one email and include “Coca-Cola Refreshing Films
Application” in the subject line.
●
The Budget must include your School’s key
faculty administrator’s signature. For a list of key administrators, see the Program
Brief.
●
Each Script must be saved and submitted as a
.pdf.
●
Make sure to save ALL of your documents using
your Script title. Example: “BreakTheNight_Application”
and “BreakTheNight_Script”.
Content
Restrictions:
●
Must appropriately represent persons using
appropriate COVID safety practices (to be determined fully by Sponsor before
pre-production of the film);
●
Must not disparage, ridicule, denigrate, or
embarrass The Coca-Cola Company or its employees or products, products, or
services, any of its theater partners or any other Contest Entities or related
parties;
●
Must NOT include children under the age of 15
years old without the presence of a parent or caregiver; visible face,
torso and significant presence of a parent or caregiver must be evident in the
spot and narrative created. All youth portrayed alone in any media must be and
clearly look like a youth of 15 years or older;
●
Submissions must respect the roles of parents
and caregivers by NOT marketing to children under 15 years of age. Keep this in
mind if you plan to include animated characters.
●
Avoid cartoon-like animation styles. All animation styles must appear
realistic so not to appear as though the spot is being marketed to children.
That includes retro-styled animations that might be aimed at an older target;
●
Must not include any live animals;
●
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;
Accordingly, Film must use original music or music for which you have licensed
all of the rights to the music.
●
Must not contain material that Sponsor deems
to be inappropriate, indecent, obscene, hateful, tortious, defamatory,
slanderous or libelous;
●
Must not contain material that Sponsor deems to
promote bigotry, racism, hatred or harm against any group or individual or to
promote discrimination based on race, gender, religion, nationality,
disability, sexual orientation, or age;
●
Must not contain material that is unlawful, in
violation of or contrary to the laws or regulations in any jurisdiction where
Script is created;
● Must not contain any indecent, vulgar, obscene, or offensive material, including, but not limited to, material surrounding terrorism, guns, foul language, and/or adult content;
●
Must not contain brand names or trademarks other
than those owned by The Coca‑Cola Company. Team members have a limited
license to use these brand names and trademarks to create and submit material
for this Contest only. However Coca-Cola
products (bottle, aluminum can or cup) may NOT be animated to have “human”
characteristics;
●
Submissions may not be eligible if they imply any
claims associated with Sponsor’s product or suggestions that Sponsors products
leads to supernatural powers;
●
Must not contain material that Sponsor deems (or
promotes activities which are) sexually explicit or suggestive, obscene,
pornographic, violent (e.g., relating to murder, the sales of weapons, cruelty,
abuse, etc.), discriminatory (based on race, sex, religion, national origin,
physical disability, sexual orientation or age), illegal (e.g. underage
drinking, substance abuse, computer hacking, etc.), offensive, threatening,
profane, harassing, defamatory, libelous, infringing or otherwise objectionable
to Sponsor);
●
Must be the original work of the Team and
created specifically for this Contest. Except for the limited license granted
above, you may not submit a Script in which any person other than yourself or
your Team member owns any rights (including, but not limited to, rights as
joint owner or joint author). Your Script may not be based in whole or in part
on the work of any other person (including without limitation, any other
fictional or non-fictional material, published or unpublished, produced or
unproduced), unless it qualifies as a legitimate parody under U.S. copyright
law. If you have adapted your Script, or any part of it, from another original
work(s) created solely by you or by your Team member, you must prominently
disclose that fact when you submit the Script. If the judges, in their sole
discretion, determine that two or more Scripts are substantially similar to one
another, all such Scripts will be disqualified. In addition, the judges will
disqualify any Script that has been previously produced or released, in whole
or in part; that has won any prize or award; or that the judges, in their sole
discretion, determine is not completely original; and,
●
Must not contain any elements that would violate
third-party rights if used in a commercial film. Teams may not obtain the right
to use these materials by license, permit, consent, or otherwise. CAUTION: This means, among other
things, that your Script may be disqualified if it contains, or suggests that
the Film will contain, such things as:
o
Trademarks owned by others, including consumer
brands, all props and venues must be generic;
o
Copyrighted materials owned by others (including
dialogue from existing movies, musical compositions, and sound recordings),
unless the use would constitute a legitimate fair use parody under U.S.
copyright law. Important Note: The judges, in consultation with their legal
advisers, will make this fair use/parody determination in their sole
discretion. Therefore, you should understand that your attempt to create a
parody could result in the disqualification of your Script; or
o
The names, likenesses, voices, or other indicia
identifying celebrities and other public figures, living or dead, or
look-alikes or sound-alikes of celebrities or other public figures, living or
dead.
Teams confirm
agreement that their use of Sponsor’s Logos is subject to the Sponsor’s grant
of a limited, non-exclusive, non-transferable, royalty-free license to use
Sponsor’s logos (the “Limited License”)
provided solely for purposes specifically indicated in these Official
Rules. If your Script is not selected as
one of the Finalist Teams, your Limited License expires and you may not use any
permitted logo, name, trademark or any other branding depicted in your Script
except for purposes of seeking employment and/or with prior written permission
from the Sponsor. You may choose to use your Script with all such references
completely redacted.
Notwithstanding any of the above, the Sponsors, their subsidiaries, affiliates, joint ventures, distributors and bottlers also have the right to the unlimited use and reuse in perpetuity of the Script if any, for historical, archival, and/or documentary purposes in any public facility or any event owned or operated by Sponsor, such as the World of Coca-Cola museum and traveling versions thereof.
Any attempt by
any Team member to enter using multiple/different email addresses, identities,
registrations, or any other methods will disqualify that Team's Submission and
that Team or Team member may be disqualified from this Contest and any of the
Sponsor's other promotions. However, a Team member may enter more than one
Script, if desired. The Released Parties (as
defined in Section 10, below) are not responsible for lost, late, stolen,
damaged, corrupt, incomplete, invalid, un-intelligible, garbled, delayed or
misdirected Scripts, all of which will be void.
In the event of a dispute regarding any Script, the authorized account holder of the email address used to send the Submission and/or listed on the Application, may be deemed to be the Team member/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. Each Team member may be required to show proof of being an authorized account holder.
6. Finalist Determination, Notification, and
Requirements: The winning Team will be determined through 3
separate judging phases as follows.
I. Determination of Semi-Finalist Teams
At the conclusion of the Script Submission Phase, a panel of qualified
judges, selected by Sponsor in its sole discretion, will judge the Application,
Budget, and Scripts and will select 15 Semi-Finalist Teams (“Semi-Finalist Teams”) (there may be more
than one per School) based on the following Judging Criteria ("Judging Criteria"). Qualified
Judges will only receive Submissions, and are not provided any information
about the entrants:
o Creativity (30%);
§
Overall
quality of script and storyline
§
Creativity
and originality
§
Ability
to effectively tell a compelling story
o Creative Fit to Theme and Tone (30%);
§
Does
the storyline successfully answer the elements in the Program Brief?
§
Does
the concept represent/reflect the Coca-Cola brand?
§
Does
the script appropriately manage COVID safety concerns?
o Entertainment Factor (30%)
§
Does
the story provide a new, untold perspective?
§
Is
the story entertaining?
§
Is
it engaging to the target audience?
o Competence & Experience of the Team
to produce a film (10%)
The Teams who submitted the 15 highest-scoring Scripts, subject to the
tie-breaking procedure described below, will be the potential Semi-Finalist
Teams and may be required to consent to a confidential background check in
order to proceed in the Contest. In the event of an exact tie between 2 or more
Scripts, the Team whose Script received the highest score for Creativity will
be deemed the potential Semi-Finalist Team.
Failure to consent to the background check and/or to provide the
specific information required to conduct it, including a social security number
or other identifying information will result in disqualification. Due to the
nature of the Contest and prize offered, if a background check reveals that a
member of a Semi-Finalist Team has engaged in conduct that could damage the
reputation of or reflect unfavorably on Sponsor or any of the Released Parties,
as determined by Sponsor in its discretion, the Semi-Finalist Team may be
disqualified.
Each of the Semi-Finalist Teams will have approximately one week to work
with Sponsor and partners to refine and revise their script and provide
additional storyboards as needed. These revised Scripts and additional content
must be submitted by November 18, 2021 at 5:00 p.m. ET.
II. Determination of Finalists
After the revised Scripts are submitted, a panel of qualified judges,
selected by Sponsor in its sole discretion, will judge the Scripts and will select
up to 4 Finalist Teams (there may be more than one per School) who receive the
highest scores based on Judging Criteria listed above. Sponsor intends to select no more than 1
Finalist Team per School but reserves the right to select more than 1 Finalist
Team per School, in its sole discretion. In the event of an exact
tie between 2 or more Submissions, the Team whose revised Script received the
highest score for Creativity will be deemed the winner of the tie. Each
Finalist Team will work with Sponsor and partners to refine, develop, and edit
the Script once more and then will submit a revised Script to Sponsor for final
approval via the method specified in the handbook. Once approved, the Script is
locked and may not be changed.
Finalist Team Requirements: The potential Finalist Teams will be notified
on or around December 8, 2021 by email. Each potential Finalist Team member (or parent/legal guardian if winner is
a minor in finalist’s state of residence) will be required to sign and return a
Declaration of Compliance, Liability and Publicity Release ("Declaration") (along with any
other forms deemed necessary by Sponsor, including, but not limited to a
limited license to use Sponsors' trademarks), including consent to agree to a
confidential background check, which must be received by Administrator within 2
calendar days of the date notice or attempted notice is sent, in order to claim
finalist’s place as a Finalist Team member and the applicable prize.
Each Finalist Team will be required to confirm agreement to the following:
(A) Sponsor’s Exclusive Use of Script and Film for 4 years: Each Team member grants to Sponsor of a royalty-free, irrevocable, exclusive license to use, produce, reproduce, modify, publish, and display the approved Script and Film created 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 for 4 years following the conclusion of the Contest, with an option to renew this exclusive license at the rate set forth in the handbook (provided to all Finalists). In addition, Each Team member also grants Sponsor a non-exclusive right to use the approved Script and Film created for historical, archival, and/or documentary purposes in any public facility or any event owned or operated by Sponsor, such as the World of Coca-Cola museum, traveling versions of the museum and Sponsor’s websites. If requested, each Team member agrees to sign documentation that may be required for Sponsor or its designees to make use of the exclusive rights the Team member is granting to use the Script.
(B) Each member of the Finalist Team accepts and acknowledges that
during Sponsor’s exclusive use period any use by the Team (or any Team member)
of the Script and Film, in whole or in part, created as part of the Contest
(e.g., entry by Team into any other film contest) will require prior written
approval of Sponsor. After the exclusive use period, use of any permitted
logos, names, trademarks, or any other branding referred to or depicted in your
Script and/or Film may only be used with prior written approval of Sponsor.
(C) If requested, each member of a Finalist Team agrees to participate
in any and all media interviews (including but not limited to radio and
television) related to the Contest;
(D) A Finalist Team may/may not have their names or other personal attributes mentioned in the marketing and promoting of the Film created as part of the Contest, as determined by Sponsor, in its sole discretion;
(E) Team members understand that
they must follow any COVID-19 safety protocols provided by Sponsor in the
filming and production of the Film. In addition, Team Members acknowledge that
there exists an inherent risk of exposure to COVID-19 in any public place where
people are present. COVID-19 is a contagious disease that can lead to severe
illness and death. By agreeing to move forward in the Contest as a Finalist,
Team Members In a voluntarily assume all risks related to exposure to COVID-19.
Team Members are responsible for ensuring that the members of their crew agree
to release Sponsor from any liability as it relates to COVID-19 risks.
(F). Team members acknowledge that they are responsible for
(i) collecting Publicity Releases and
Liability Waivers from all Actors used in their production; and
(ii) Releases for use of any artwork, music or other content used in the
production of their Film.
If a potential Finalist Team member cannot be contacted, fails to sign
and return the Declaration within the required time period, or is disqualified
for any other reason, the potential Finalist Team forfeits the finalist
position and the applicable prize and the Team with the next highest score may
be selected as a potential Finalist Team, time permitting, and in Sponsor's
sole discretion. If the background
check reveals that a potential Team Member has engaged in conduct that could
damage the reputation of Sponsor or any of the Released Parties, as determined
by Sponsor in its discretion, Sponsor may disqualify either the Team Member
and/or the Finalist Team as a whole. Both Team members
must complete the documentation or the Team may be disqualified. Each Finalist
Team will be required to produce a Film for $18,000 or less based on the Team's
approved Script and submit the final cut as well as a 10-second introduction to
Sponsor by 12:00 p.m. ET (noon) on April 1, 2022, refer to handbook for details.
FINALIST TEAMS MUST NOT SHARE FILMS,
PROGRAM MATERIALS, OR EMAILS WITH OTHERS OUTSIDE OF THIS CONTEST. Sponsor
will provide additional details and requirements at the time of Finalist Team selection
notification. In order to be eligible to be a potential Grand Prize winner, Finalist
Teams must comply with all of the requirements in the handbook and other
information provided. In its sole discretion, Sponsor reserves the right to
request minor changes or modifications to a revised Script and/or a Film,
including but not limited to title or particular images, if it deems this
necessary to fit with the Contest and/or other requirements, including but not
limited to trademark issues.
III. Determination of Grand
Prize Winner
After the
conclusion of the Post-Production Phase, a panel of judges selected by Sponsor called
the “Red Ribbon Panel” will select
the potential Grand Prize Team by the following process. The Red Ribbon Panel
will score each Finalist Team’s Film based on the same Judging Criteria (excluding
the Competence criteria) and weighting specified above and the Team whose film
has the highest score will be deemed the potential Grand Prize winning Team. In
the event of an exact tie in average rank between 2 or more Finalist Teams’
Films, the Finalist Team Film best represents/reflects the Coca-Cola brand in
their sole discretion. This Film will
then be deemed the potential Grand Prize winning Team. The potential Grand Prize winning Team will be notified via email between April
16 – May 16, 2022 and will be announced at a date to later be determined.
7. Prizes:
1 GRAND PRIZE: The Grand Prize winning Team members will have
their Film screened nationally across select cinema locations, all details
determined by Sponsor in its sole discretion. There is no retail or other
monetary value to this Grand Prize.
4 FINALIST PRIZES: $18,000 to be used to produce the Film based on each Finalist Team's
Script. Films of all Finalists may be screened
at select cinema locations, all details determined by Sponsor in its sole
discretion. Total Approximate Retail Value ("ARV") of each Finalist Team Prize package is $18,000.
For all prizes: No substitution, exchange or transfer of any
prize by any winner or Team member without Sponsor’s prior approval. Sponsor
reserves the right to substitute a prize for one of equal or greater value.
Each prize winner/Team member is responsible for all taxes and fees associated
with winner’s portion of the prize receipt and/or use.
8. Publicity:
Except where prohibited, participation in the Contest constitutes each Team
member's consent for the Sponsor and its designees to use each Team member's
name, biographical information, School affiliation, likeness, voice, city and
state of residence ("Personal
Attributes"), Script, Film, as well as prize information, for
promotional, publicity and public relations purposes in any media, including,
but not limited to, the internet and social media, without further
consideration. Participation further constitutes Team member's acknowledgment
that he/she releases and discharges the Released Parties (defined below) from
any liability including, without limitation, claims for invasion of privacy,
violation of right of publicity, defamation of character, or violation of
copyright or any other intellectual property right, whether intentional or
otherwise, in connection with such use. Team members further waive the right to
approve copy of any such promotional, publicity, or public relations materials
produced.
9. 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, outbreak
of widespread illness, pandemic, or other similar occurrence, civil unrest, undeliverable or postage-due mail, 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 winners from among the Scripts or
Films received prior to the action taken or in other such manner as deemed fair
and appropriate by Sponsor. The Sponsor
reserves the right in its sole discretion to disqualify an individual it
suspects of infringement or it finds to be tampering with the entry 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.
Any attempt by any person to undermine the legitimate operation of this Contest
may be in 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. Release and Limitations of
Liability: Except where
prohibited, by participating in the Contest, each Team member agrees to
release, indemnify, defend and hold harmless
The Coca-Cola Company, Coca‑Cola bottlers, American
Multi-Cinema, Inc. or Cinemark USA, Inc., any other participating cinemas and its contractors Merkle Inc., other Contest
sponsors, and their respective related companies, promotional partners, prize
partners, parents, subsidiaries, affiliates, and their respective agents and
agencies, and their respective officers, directors, employees and agents (the
"Released Parties") from
and against any claim or cause of action arising out of participation in the
Contest, including, but not limited to: (a) unauthorized human intervention in
the Contest; (b) technical errors related to computers, servers, providers, or
telephone or wireless networks, network lines, both planned for maintenance,
and unplanned; (c) printing errors; (d) errors in the administration of the
Contest or the processing or judging of Scripts or Films; (e) defamation which
may be caused, directly or indirectly, in whole or in part, from disparagement
of the winning Script and/or Film or any person involved in their creation; (f)
late, lost, or undeliverable email, mail, or shipments; (g) infringement of any
third-party rights which may be caused by any Team member's Script and/or Film
or Sponsor's modification or use of a Script and/or Film; or (h) injury or
damage to persons or property which may be caused, directly or indirectly, in
whole or in part, from Team member's participation in the Contest, including
illness or death from COVID-19. Each Team member further agrees that in any
cause of action, the Released Parties' liability will be limited to the cost of
entering and participating in the Contest and in no event shall the Released
Parties be liable for attorney's fees. Each Team member waives the right to
claim any damages whatsoever, including, but not limited to, punitive,
consequential, direct, or indirect damages.
11. Disputes: Each Team member agrees that: (a) any and all
disputes, claims and causes of action arising out of or connected with this
Contest 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; (b) 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 (c) under no circumstances will Team member be permitted to obtain awards
for and Team member hereby waives all rights to claim 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
MAY NOT APPLY TO YOU. All issues and
questions concerning the construction, validity, interpretation and
enforceability of these Official Rules, or the rights and obligations of the
Team member 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.
12. Winner
List Requests: For a winner
list, send an email with the subject line "Coca-Cola Refreshing Films Contest – Winner List Request" to info@cocacolarefreshingfilms.com. The winner list will be available after winner confirmation is
complete.
Rules will be hosted at: https://eprize-content.s3.amazonaws.com/cocacola/253529/rules.htm