"Summer with Sun Drop"
Sponsored by MTV
NOTE: This contest has been extended through October 10, 2012. All entries submitted between 12:00:01 AM (ET) on September 12, 2012 (ET) and 11:59:59 PM (ET) on October 3, 2012 will be eligible for consideration as the final two Winners.
1. NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID IN ALASKA AND HAWAII AND WHERE PROHIBITED OR RESTRICTED BY LAW.
2. Promotion Period/Weekly Entry Periods: The "Summer with Sun Drop" (the "Contest") commences at 12:00:01 PM (ET) on August 1, 2012 and ends at 11:59:59 PM (ET) on October 10, 2012 (the "Promotion Period"). All entries must be received by 11:59:59 PM (ET) on October 10, 2012. Eight (8) Winners will be selected in total (one (1) for each of the first six (6) weekly entry periods and two (2) from the final entry period as set forth below) from among the Eligible Entries (defined hereinafter) received.
All entries must be received between 12:00:01 PM (ET) on the first day of the weekly entry period and 11:59:59 PM (ET) on the last day of the weekly entry period except for the final entry period as noted above.
3. Eligibility: The Contest is open to individuals who are: (a) legal residents of one (1) of the forty-eight (48) contiguous United States or District of Columbia, (b) at least eighteen (18) years of age or older at the time of entry and (c) who have an Instagram account. Entrants who have not yet reached the age of majority in the jurisdiction in which they reside will need to obtain permission from their parents/legal guardians in order to enter be declared a Winner. Employees and their immediate families (i.e., parents, spouse, children, siblings, grandparents, step parents, step children and step siblings) of Viacom Media Networks, a division of Viacom International Inc. ("VMN" or "Sponsor"), Dr Pepper/Seven Up, Inc.. ("Sun Drop"), ("Instagram") and each of their respective affiliated companies, sponsors, subsidiaries, advertising agencies and third party fulfillment agencies (collectively, the "Contest Entities") are not eligible to enter this Contest. By participating in this Contest, entrants: (i) agree to be bound by these Official Rules and by the interpretations of these Official Rules by the Sponsors, and by the decisions of the Sponsor, which are final in all matters relating to this Contest; (ii) release and hold harmless Contest Entities and their respective agents, employees, officers, directors, successors and assigns, against any and all claims, injury or damage arising out of or relating to participation in this Contest and/or use or misuse or redemption of a Prize (as hereinafter defined); and (iii) acknowledge compliance with these Official Rules.
4. To Enter: Using your Instagram account, submit an original photograph featuring the Sun Drop product that captures the theme of the "Summer with Sun Drop" and illustrates exhilarating moments you've had over the Summer with Sun Drop (the "Photo(s)") along with the #PopASunDrop hashtag(the "Contest Hashtag" and together with a Photo an "Entry" or collectively, the "Entries"). Entries must be submitted during the Entry Period from your own Instagram account. You will need to create an Instagram account if you don't already have one. Membership on Instagram is free (as of the date of publication of these Official Rules), and registration for Instagram requires downloading the free application to your mobile device and following the on-screen instructions to create a new account. By submitting an Entry to this Contest YOU AGREE TO THESE OFFICIAL RULES AND BY THE TERMS OF SERVICE OF INSTAGRAM. You are encouraged to follow the VMN Instagram Account & liking the VMN Facebook page which provides contest information and Entries so you can see updates and announcements relating to the Contest, including, the Winner announcements to see if you've won (pending verification) in addition to the winner notification described in Section 6 below . Please note that if you do not respond to the Winners notification described in Section 6, you will be disqualified and another Winner may be selected. You must submit your Entry in accordance with the instructions above during the Entry Period to count as one (1) Entry. There is no limit to the number of Entries an entrant may submit however any sort of automated Entry sent via a bot is strictly prohibited and limit one (1) Prize per person. Any entrant suspected or found to be submitting automated Entries of any kind will be disqualified.
PLEASE NOTE THAT ANY AND ALL SUBMISSIONS AND METADATA SUBMITTED FOR THIS CONTEST MAY BE PUBLICLY VIEWABLE. IN ADDITION, ENTRANTS ACKNOWLEDGE THAT THEIR ENTRIES MAY BE RETWEETED OR REPOSTED BY THE PUBLIC OR OPEN TO PUBLIC COMMENTARY, FOR WHICH SPONSORS SHALL NOT BE LIABLE.
Entrant agrees: (i) that he/she has all rights to the contents of the Entry all components thereof, and that entrant has obtained all rights, consents and permission, necessary to grant the rights granted herein; (ii) that the Entry does not and will not violate any law, statute, ordinance or regulation; (iii) that the Entry is free and clear of any liens or claims with respect to the use of the Entry in the manner authorized herein and will not give rise to any claims of infringement, invasion of privacy or publicity or claims, or infringe on any rights or interests of any third party, or give rise to any claims for any payment whatsoever, including but not limited to claims for re-use fees or residuals; and (iv) that the Entry is not and will not be defamatory, trade libelous, pornographic or obscene.
Entrant shall retain all copyright in and to his/her Entry; provided, however that entrant agrees that by entering into this Contest he/she is granting Sponsor, Sun Drop (and any and all of Sponsor's and Sun Drop's subsidiaries and affiliates and affiliated broadcast stations and networks, successors and assignees and licensees) the non-exclusive, worldwide irrevocable right and license, but not the obligation, to exhibit, broadcast, copy, reproduce, encode, compress, encrypt, incorporate data into, edit, dub, superimpose, rebroadcast, transmit, record, publicly perform and distribute and synchronize in timed relation to visual elements, the Entries and/or any portions or excerpts thereof, in any manner, an unlimited number of times, in any and all media, now known or hereafter devised for any purpose, throughout the world in perpetuity. Sponsor and Sun Drop may use the Entries (or any portion thereof, including, without limitation an entrant's r Instagram screen name) to advertise, promote and publicize, the Contest, Sponsor's Sun Drop's respective business, products and worldwide programming services and/or Sponsor's and Sun Drop's respective websites in all media throughout the universe and may authorize others to do so; such advertising, promotion and publicity may include portions and excerpts, in addition to cut-in, synchronized, dubbed and superimposed versions of the Entries. The undersigned acknowledges that Sponsor and Sun Drop may use the Entries in accordance with the permission granted herein without any payment to the undersigned or any third party.
Entrants agree that Entries shall not contain, include or involve any of the following:
• Gratuitous obscenity
• Crude, vulgar or offensive pictures, depictions, images, language and/or symbols
• Gang signs or symbols
• Excessive, extreme or gratuitous violence
• Glamorization of illegal drug or alcohol use
• Commercial products (other than the actual Sun Drop product itself) (e.g., clothing, toys, food) and/or their trademarks, brands, logos or endorsements
• Unauthorized trademarks and copyrighted material (e.g., music, etc.)
• License plates, phone numbers, personal addresses – physical or email or otherwise
• Website or web page links
• Derogatory characterizations of any ethnic, racial, sexual or religious groups, humiliate other people (publicly or otherwise), any assault or threatening of others
• Trespass or the violation of other people's rights or property
• Illegal (e.g., discriminatory, harassing) or inappropriate activity, behavior or conduct (e.g., inflicting emotional distress)
• Conduct or activities in violation of these Official Rules
• Any other content, display, materials and/or images that is or could be considered inappropriate, unsuitable or offensive, as determined by Sponsor in its sole discretion
Language and themes contained in Entries will be evaluated by Sponsor based on content and societal acceptability.
Sponsor is not obligated to, use, publish, display or broadcast any submitted Entries (in whole or in part). Each entrant acknowledges that Sponsor will rely on such entrant's agreement and compliance with these Official Rules when entrant submits or attempts to submit the entry. Sponsor reserves the right to reject any entries that it deems, in its sole discretion, to violate any of its standards and practices policies or the terms and conditions set forth in these Official Rules. Sponsor may modify or edit any materials related to an Entry or request entrants to do so, so that such materials meet such guidelines.
In submitting an Entry into this Contest, each entrant agrees to, confirms and represents to Sponsor that neither he/she nor anyone else has engaged or taken part in (or induced or encouraged anyone else to do so) in any activity or conduct in connection with this Contest that: (i) may or is likely to harm or create a risk of harm, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to any person, other living thing or any property; (ii) may/or is likely to create a risk of any other loss or damage to person, living things or property; (iii) is or may constitute a crime, unlawful or non-consensual activities (e.g., conduct that could lead to criminal prosecution), tortuous conduct (e.g., conduct that could lead to civil prosecution) or the violation or infringement of the rights of any other party; or (iv) violates any of the terms or conditions of these Official Rules.
All Entries submitted in accordance with these Official Rules shall be hereinafter referred to as "Eligible Entries". In the event of a dispute over who submitted a winning Entry, the authorized subscriber of the Instagram account used to participate in the Contest at the actual time of entry will be deemed to be the entrant. The authorized account subscriber is defined as the natural person who is assigned an Instagram account by Instagram. All Entries become the property of Sponsor and will not be acknowledged or returned. Important note: Your Instagram account must be set to "public mode" in order for your entry to be publicly visible and for Sponsor to acknowledge your entry unless you have previously consented to permit Sponsor to see your Instagram updates. If you opt to use Instagram via your wireless mobile device (which may only be available via participating wireless carriers and is not required to enter the Contest), standard text messaging and/or data rates may apply for each message sent or received from your handset according to the terms and conditions of your services agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges) and may appear on your mobile phone bill or be deducted from your prepaid account balance. Wireless carriers' rate plans may vary, and you should contact your wireless carrier for more information on messaging rate plans and charges relating to your participation in this Contest. Participation in this Contest by mobile device means that you understand that you may receive additional messages by mobile device relating to this Contest, including notifying you if you are a Winner, which may be subject to charges pursuant to your carrier's rate plan. Text messaging may not be available from all mobile phone service carriers and handset models. Mobile device service may not be available in all areas. Check your mobile device's capabilities for specific instructions.
5. Featured Entries. On a rolling basis, Sponsor will select a to-be-determined number of Entries to be publicly featured (including, without limitation, online and on-air) at its discretion (the "Featured Entries"). By submitting an Entry into this Contest, entrants agree that their Entries may be displayed by Sponsor in this manner in accordance with the terms of Section 4. Entries may be featured with or without entrants' Instagram screen names. Entrants whose Entries have been selected as Feature Entries may be asked to provide proof of eligibility prior to the initial public distribution of their Entries and to execute any documents provided by Sponsor effectuating the same. Featured Entries may be reposted by the public and open to public commentary, which entrants acknowledge, is not under the direct control over Sponsor. Sponsor shall not be responsible for any public commentary made in connection with an Entry.
6. Winners Selection/Notification: There will be a total of eight (8) winners (each a "Winner" and collectively, the "Winners") selected from among the Eligible Entries received in accordance with the judging criteria set forth below. The Eligible Entries will be sorted into weekly judging pools (with the exception of the final entry period as noted in the table in Section 2) and announced on or around the dates set forth in Section 2. Sponsor will make up to one (1) attempt over the twenty-four (24) hour period following each Winner's selection to contact the potential Winners via their Instagram account via photo comment from the VMN Instagram handle @sundropsodapop. In the event that a potential Winner does not respond within twenty-four (24) hours of being contacted such potential Winner may be disqualified and an alternate Winner will be selected from among the remaining applicable Eligible Entries received. This process will be repeated until the designated number of Winners has responded, as time permits.
The official judging panel will be comprised of a panel of representatives determined by Sponsor (the "Judges"). At the conclusion of the Entry Period, the Judges will judge the Eligible Entries received for each of the entry pools based on the following equally-weighted judging criteria: (a) originality; (b) creativity; and (c) the ability to effectively capture the theme of "Summer with Sun Drop (the "Judging Criteria") to select the Winners.
The final determination of the Featured Entries and Winners and the application of the Judging Criteria shall be in the sole and absolute discretion of Sponsor. Sponsor reserves the right to extend or modify the Promotion Period (or the individual weekly entry periods, modify the number of Featured Entries or to not select the Featured Entries or Winners if Sponsor determines, in its sole and absolute discretion, that Entries received did not meet the minimum qualification standards based on the Judging Criteria specified herein or if an insufficient number of qualified Eligible Entries are not received. Sponsor reserves the right to delay the announcement of the Winners in its sole discretion. To the extent permitted by law, Sponsor disclaims any liability from, and entrants, whether or not selected as a Featured Entry or Winner, agree to waive, any claims against Sponsor relating to the judging or awarding process. Sponsor reserves the right to select an alternate Featured Entry, and/or Winner in the event that any entrant who has submitted a Featured Entry or Winner fails to comply with these Official Rules.
7. Winners Verification. Winners must prove eligibility, including, without limitation, proof of age and residence within three (3) days of being notified as a potential Winner. In the event of non-compliance by a potential Winner such potential Winner shall be disqualified and all privileges otherwise due as the Winner shall be terminated and an alternative potential Winner may be chosen from among all of the remaining applicable Eligible Entries received if time permits in Sponsor's sole discretion. Winner must sign (his/her parent/legal guardian must sign if Winner is not the age of majority in the jurisdiction in which he/she resides) within three (3) days of receipt of the following documents from Sponsor: (a) an affidavit of eligibility and release of Contest Entities and its respective officers, directors, employees, agents and members ("Releasees"), from any and all liability, loss, claims, demands, and causes of action for personal injury and/or damage, theft, loss, or any other harm suffered in connection with this Contest or the use/misuse or acceptance of a Prize (as hereinafter defined) or any portion thereof to be eligible for a Prize; and (b) except where prohibited by law, a promotional release granting Contest Entities the right to use his/her name and likeness for advertising and publicity purposes without additional compensation and (c) any other documentation required by Sponsor, including a W2 form and Winner's social security number for tax purposes (collectively, the "Releases"). Entry into this Contest constitutes agreement to sign such Releases. The Winners also must acknowledge that Sponsor has not and will not obtain or provide insurance of any kind relating to the Prizes and that Winners (his/her parent/legal guardian must sign if Winner is not the age of majority in the jurisdiction in which he/she resides) will be responsible for obtaining and paying for any life, travel, accident, property or other form of insurance relating to the Prize. The Winners must also complete any additional legal documents provided by Sponsor (or third party on its behalf, if applicable) with respect to the Prizes and return them as instructed within the time frame specified by Sponsor or Winner may forfeit Prize at Sponsor's sole discretion. Failure to return all such documents and comply with Sponsor's deadlines, noncompliance with these Official Rules or the return of any prize or prize notification will result in disqualification and selection of an alternate winner. All decisions of the Sponsor relating to the Contest are final. Sponsor expressly reserves the right to delay the announcement of the e Winners for creative or technical reasons or for any other reason Sponsor deems necessary.
8. Prizes (8 Total): Each Winner will receive one (1) an iPad2 A1416 (device only) (the "Prize(s)").
Prizes may not be sold, traded, transferred, refunded, commissioned or redeemed for cash value Winner is responsible for all costs and expenses associated with the acceptance and use of the Prize including, without limitation, the purchase of a data plan. The approximate retail value (the "ARV") of each Prize is $546.29 (USD). The actual final retail value of the Prize may be higher or lower based on the time of purchase. Any difference between the final value and the approximate retail value will not be awarded. Prize elements may be subject to additional restrictions. If Prize is forfeited, and there is sufficient time to determine and notify an alternate Winner, the Prize will be awarded to an alternate Winner. Winners are responsible for obtaining all proper documentation prior to receipt of the Prize. No prize substitution permitted by Winners. A Winner is not a recipient of Prize until he/she has been verified as the Winner by the Sponsor. Sponsor is not responsible for any postage delays, diversions or substitutions, or any act or omission whatsoever with respect to the prizing. All Prize details are at Sponsor's sole discretion. Winners will be solely responsible for paying all applicable federal, state or local taxes on the Prizes based upon the value of the Prizes as set forth in these Official Rules and will be issued an IRS form 1099 for the value of such.
The total ARV of all prizes to be awarded in this Contest is $4,600.00. Any details related to the Prizes not specified herein shall be determined by Sponsor in its sole discretion. The dates for fulfillment of the Prizes are subject to change in Sponsor' sole discretion. No substitution, transfer or cash equivalent of the Prizes or any portion thereof is permitted, except by Sponsor, in which case a prize of comparable or greater value may be awarded.
9. General Terms: Noncompliance with any of these Official Rules may result in disqualification. ANY VIOLATION OF THESE OFFICIAL RULES BY A WINNER OR ANY BEHAVIOR BY A WINNER THAT WILL BRING SUCH WINNER OR CONTEST ENTITIES INTO DISREPUTE (IN SPONSORS' SOLE DISCRETION) WILL RESULT IN SUCH WINNER'S DISQUALIFICATION AS A WINNER OF THE CONTEST AND ALL PRIVILEGES AS A WINNER WILL BE IMMEDIATELY TERMINATED. The Contest Entities assume no responsibility for incorrect or inaccurate entry information whether caused by any of the equipment or programming associated with or utilized in this Contest or by any human error which may occur in the processing of the entries in this Contest. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Contest, or in the announcement of the Prizes and Winners. If, for any reason, the Contest is not capable of running as planned, including, without limitation, unauthorized intervention, fraud, or any other causes beyond the control of Sponsor which corrupt or affect the administration, 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. Should the Contest be terminated prior to the stated expiration date, the Prizes may be awarded to winners to be selected from among all Eligible Entries received up until and or after (if applicable) the time of modification, cancellation or termination or in a manner that is fair and equitable as determined by Sponsor. All interpretations of these Official Rules and decisions by Sponsor are final. CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. THE NEW YORK COURTS (STATE AND FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES REGARDING THE CONTEST AND THE LAWS OF THE STATE OF NEW YORK SHALL GOVERN THE CONTEST. EACH ENTRANT WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THESE COURTS AND HEREBY SUBMITS TO THE JURISDICTION OF THOSE COURTS. Entrants agree to indemnify and hold harmless Contest Entities from any and all liability resulting or arising from the Contest, to release all rights to bring any claim, action or proceeding against Contest Entities, and hereby acknowledge that Contest Entities has neither made nor is in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prizes.
10. Request for Names of Winners and/or Official Rules: For the names of the Winners and/or Official Rules, send a self-addressed stamped envelope by December 10, 2012 to: Scratch Attention: "Summer with Sun Drop", 16 Floor, New York, NY 10036. Please note on the front left-hand corner of your outer envelope whether you are requesting "Official Rules" or the names of the "Winners". Vermont residents may omit return postage if requesting a set of Official Rules.
11. Sponsor: This Contest sponsored by MTV, a brand of Viacom Media Networks, a brand of Viacom International Inc., 1515 Broadway, New York, NY 10036. Neither Dr Pepper/Seven Up, Inc. nor Instagram is a sponsor of the Contest, and neither is in any way responsible for the administration of the Contest, the verification of winners or the fulfillment of the prizes.