The essay/video submission, contact information, and agreement to the Official Rules, once submitted as provided above, all together shall constitute an “Entry”. After an Entry has been submitted, it will be reviewed by the Sponsor or the Sponsor’s designee, to ensure all eligibility and Entry requirements have been met. After completing these steps, Nominee will be formally entered into the Contest.
Entry cannot be altered by the Nominator after it has been submitted. Subsequent attempts made by the same Nominator to submit multiple entries by using multiple or false contact information or otherwise, may be disqualified. Any Entry submitted in any language other than English will be disqualified. Entries not submitted in accordance with the instructions provided on the Contest Website and in these Official Rules will be void and will not be considered in the Contest. By submitting an Entry, Nominators consent to having Entry information shared with the Sponsor and the Administrator (collectively referred to as "Promotion Entities” or “Contest Entities”).
Entries must be received by 11:59:59 PM CT on November 30, 2022. Entry submissions must comply in all respects with these Official Rules. Submission must be created solely by the Nominator. Please review the criteria on which Entries will be judged prior to creating your Entry which may be found in Rule #4 below.
Additional Essay/Video Requirements: To be eligible, the entire Entry, including the essay or video submission must: (1) be in keeping with Sponsor’s reputation and image; and (2) comply with the Official Rules, including the Content restrictions specified below. Failure to comply with the Official Rules, as determined by Sponsor and/or Contest Administrator in its or their sole discretion, is grounds for an automatic disqualification from the Contest.
Once submitted, all materials associated with the Entry become the property of the Sponsor and will not be returned. Unless prohibited by law, by submitting an Entry, you hereby agree with the grant of rights in Rule #7 and waive any rights of privacy, rights of publicity, intellectual property rights, and other rights that may preclude Sponsor from using or disclosing all or any part of your Entry in any manner and for any purpose. By submitting an Entry, you further release the Released Entities from any future claims arising out of any use or disclosure of your Entry consistent with these Official Rules. Without limitation to the foregoing, Sponsor may screen and publish all or any part of your Entry on the Contest Website, the Internet, Social Media, or in other media during and following the Contest Period at the discretion of the Sponsor. The use or publication of a Nominee’s name or information in connection with the Contest does not signify that the Nominee is a Contest Winner. By submitting an Entry, you acknowledge and agree that you will not now or in the future be paid or compensated in any way for your Entry or for granting the Sponsor any of the rights set out in these Official Rules, whether your Entry is a Winner or not. You further agree that Sponsor is not obligated to make use of any of the rights granted in these Official Rules or to use any Entry in any way.
Further Requirements and Restrictions Regarding Submissions and Publicity:
In addition to the requirements previously noted in these Official Rules, the following requirements apply to all Entries:
Entries must be the Nominator’s own original work, and the sole property of Nominator. No essay/video submission may have been previously published in print, broadcast or other media, or displayed publicly outside of this Contest, or submitted in any other contest or promotion of any kind. Modifying, enhancing or altering another person’s or entity’s creation does not qualify as a Nominator’s original work.
IT IS THE NOMINATOR’S RESPONSIBILITY PRIOR TO SUBMITTING THEIR ENTRY INTO THIS CONTEST TO OBTAIN THE CONSENT OF THE NOMINEE FOR THE POSTING (BY THE SPONSOR) THE NOMINATOR’S NOMINATION, THE NOMINEE’S NAME AND OR OTHER PERSONAL INFORMATION ABOUT THE NOMINEE THAT NOMINATOR MAY ELECT TO INCLUDE IN SUCH ESSAY/VIDEO.
Restricted Content: The content restrictions that follow apply to all Entries. Submissions must NOT include content that:
If an essay/video includes any of the prohibited content listed above, at the sole determination of Sponsor, the Entry will be disqualified. The above list is not intended to be exhaustive; Sponsor may disqualify an Entry if it includes any content which, in Sponsor’s opinion, is otherwise unsuitable in connection with this Contest. Sponsor reserves the right to reject or disqualify any Entry at any time, for any reason in its sole discretion, without incurring any liability.
WARRANTY: By entering the Contest, each Nominator represents and warrants that (a) any essay/video provided as the Entry is original to Nominator and does not infringe upon or otherwise violate any right of any third party, (b) Nominator has approval to submit any essay/video submission provided, and (c) no essay/video submission includes any restricted content as defined above, or other material that would violate applicable law.
BY SUBMITTING AN ENTRY, EACH NOMINATOR FURTHER WARRANTS AND REPRESENTS THAT HIS/HER ENTRY COMPLIES WITH ALL CONDITIONS STATED IN THESE OFFICIAL RULES.
4) MODERATION AND JUDGING: All Entries received will be reviewed by the Sponsor or Sponsor’s representative to ensure compliance with the Official Rules. Sponsor or Sponsor’s representative may reject, refuse, remove, delete and/or disqualify any Entry that is deemed inappropriate, ineligible or otherwise non-compliant with these Official Rules. All decisions of the Sponsor or Sponsor’s representative in this regard are final and binding. Each eligible Entry then will be reviewed by a panel of qualified judges comprised of representatives of the Sponsor based on the following criteria (in response to: why you feel your high school’s athletic program needs or deserves to receive one of the prizes.):
EACH NOMINEE HAS THE POTENTIAL TO EARN A TOTAL SCORE OF 100. IN THE EVENT OF A TIE, THE TIED ENTRIES WILL BE RE-JUDGED BY A DIFFERENT PANEL OF QUALIFIED JUDGES AS DETERMINED BY THE SPONSOR USING THE ABOVE CRITERIA.
The two (2) Entries with the highest scores will be deemed potential Grand Prize winners. The subsequent twenty (20) Entries with the highest scores will be deemed potential First Prize winners.
5) POTENTIAL WINNER NOTIFICATION AND CLEARANCE: The potential winners will be identified as the Nominee (the high school) named on the Entry (“Potential Winners”). Potential winners are subject to eligibility verification. Each Potential winner will be contacted by the Sponsor via email and will be required to complete, sign, and return [i] an affidavit of eligibility and liability release and, where legal, a publicity release and, and [ii] IRS Form W-9 to include winner’s federal tax identification number that will be used only for the purpose of reporting the winner’s prize earnings to the Internal Revenue Service (collectively, the “Documents”). If a Potential winner (i) cannot be contacted after a reasonable attempt has been made by the Sponsor; or (ii) fails to return the completed Documents by the date stated in the notification letter/email; or (iii) refuses the prize; or (iv) the prize or prize notification is rejected or returned as undeliverable, then such Potential winner will be disqualified and forfeits all rights to be deemed a winner and an alternate Potential winner will be notified, time permitting. Upon prize forfeiture, no compensation will be given. Sponsor has no obligation to notify a Nominator that their Nominee was selected as a winner. Each winning high school will solely determine how to allocate the funds for its athletic program and Sponsor and Administrator will not be involved with any disputes or discussions about this.
6) PRIZES: Prizes will be awarded to each winning Nominee (high school) for the benefit of that school’s athletic program. Nominators will not receive a prize in this Contest.
Prize will only be awarded upon winner verification and final approval of Sponsor. No prize substitution, transfer or assignment of prize permitted, except by Sponsor in its sole discretion, or as otherwise provided herein. Up to twenty-two (22) prizes will be awarded in the Contest, provided that a sufficient number of qualified Entries for each prize have been received. Total value of all prizes to be offered in the Contest: $60,000. Limit of one (1) prize per high school.
All prizes will be fulfilled by March 31, 2023.
7) GRANT OF RIGHTS BY NOMINATOR
: By submitting an Entry, to the extent permitted by law, Nominator hereby irrevocably grants to Sponsor, its affiliates, agents and licensees, a perpetual, royalty-free, worldwide, assignable, sub-licensable license (i.e., right) and permission to unconditionally reproduce, edit, modify, cut, rearrange, add to, delete from, copy, distribute, translate, dub, adapt, copy, store, transmit, distribute, publish, display, adapt, create derivative works of or based on, exploit and/or otherwise use or reuse the Entry (including the content of and elements embodied in any essay/video submission), name, statements, background and biographical information/data, stories, testimonials or other likeness, prize information, personal information contained in the Entry, or arising out of participation in the Contest, for advertising, promotional, commercial, publicity and/or any other purposes (without limitation), in any and all media now or hereafter known (including but not limited to digital and electronic media, computer, audio and audiovisual media), in any language, throughout the world, in perpetuity and in any manner without further review by, notice to, approval of, consideration or compensation to the Nominator or the Nominee.
8) WAIVER, RELEASE AND LIMITATION OF LIABILITY
: Nominators waive and release the Released Entities from any and all claims that Nominator may now or hereafter have in any jurisdiction based on “moral rights” or “droit moral,” fine art protections, rights of attribution or unfair competition with respect to Sponsor’s exploitation of Entries without further notification or compensation to the Nominator of any kind, and agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against Sponsor its employees, contractors, officers and directors of Sponsor and respective parent companies, affiliates, subsidiaries, advertising, promotional, fulfillment and marketing agencies, or any other person in connection with this Contest, on the grounds that any use of any Entry, or any derivative works, infringe, or violate any of Nominators rights therein.
EACH NOMINATOR ACCEPTS THE CONDITIONS, STATED IN THESE OFFICIAL RULES (ACCESSIBLE AT WWW.POWERADEPOWERYOURSCHOOL.COM
), AGREES TO BE BOUND BY THE DECISIONS OF THE JUDGES, WARRANTS THAT HE OR SHE IS ELIGIBLE TO PARTICIPATE IN THIS CONTEST, AND AGREES TO RELEASE, INDEMNIFY, AND HOLD HARMLESS RELEASED ENTITIES FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITY, AND DAMAGES OF ANY KIND, (INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES) ASSERTED AGAINST ANY OF THEM, INCURRED, SUSTAINED, OR ARISING IN CONNECTION WITH THE USE, ACCEPTANCE, MISUSE OF THE PRIZE OR WHILE PREPARING FOR, PARTICIPATING IN, AND/OR TRAVELING TO OR FROM ANY CONTEST-RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO PERSON OR PROPERTY, OR FROM THE RESPECTIVE NOMINATORS’ BREACH OF ANY AGREEMENT OR WARRANTY ASSOCIATED WITH THE CONTEST, INCLUDING THESE OFFICIAL RULES. ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE, THE RELEASED ENTITIES AND EACH OF THEIR LICENSEES RESERVE THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR ANY SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
Each Nominator hereby acknowledges and agrees that the relationship between the Nominator and the Released Entities is not a confidential, fiduciary, or other special relationship, and that the Nominator’s decision to provide any submission to Sponsor for purposes of the Contest does not place the Released Entities in a position that is any different from the position held by members of the general public with regard to elements of the Entry, other than as set forth in these Official Rules. Each Nominator acknowledges that many submissions may be competitive with, similar to, or identical to their Entry. Each Nominator acknowledges and agrees that such Nominator will not be entitled to any compensation as a result of Contest Entities' use of any such similar or identical material that has or may come to Contest Entities, or any of them, from other sources. Finally, each Nominator acknowledges that, with respect to any claim by Nominator relating to or arising out of any Released Entities' actual or alleged exploitation or use of any submission or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable Nominator will not be irreparable or otherwise sufficient to entitle such Nominator to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition, or other exploitation of any program, website, advertising, materials or other thing based on or allegedly based on the submission, and Nominator’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law. Each Nominator hereby acknowledges and agrees that the Sponsor’s trademark is the exclusive property of Sponsor. Each Nominator further acknowledges and agrees that Sponsor’s marks are valid and enforceable, and that Nominator shall do nothing to challenge the validity or enforceability of Sponsor’s marks in any forum. Nominator’s agree that the use of Sponsor’s marks, slogans and characters is permitted only for the purpose of making an Entry Submission for Entry in this Contest, and that any use of Sponsor’s marks, slogans, and characters (whether in the Entry Submission or otherwise) beyond this scope infringes the rights of Sponsor and will result in irreparable harm to Sponsor.
By accepting a prize, Nominee (the high school named on winning Entry) agrees to assume all risks associated with acceptance of any prize and agrees that the prize is awarded upon the condition that the Released Entities will have no liability whatsoever for any injuries, losses, death, damage to or loss of property, or other damages of any kind caused by the prize or resulting from acceptance, possession, or use/misuse of the prize or from participation in the Contest.
9) TECHNICAL ISSUES/EARLY TERMINATION
: Released Entities are not responsible for: (a) electronic transmissions or entries of any kind that are lost, late, stolen, incomplete, illegible, damaged, garbled, destroyed, or misdirected; (b) any problems or technical malfunctions, errors, omissions, interruptions, deletions, defects, delays in operation of transmission, communication failures, destruction or unauthorized access to, or alteration of, entries; (c) failed or unavailable hardware, network, software or telephone transmissions, damage to Nominator’s or any person’s computer and/or its contents, or causes beyond the Sponsor’s reasonable control that jeopardize the administration, security, fairness, integrity or proper conduct of this Contest; (d) any entries submitted in a manner that is not expressly allowed under these Official Rules; (e) incorrect or inaccurate Entry-related information whether caused by Nominator or by any of the equipment or programming associated with or utilized in the Contest; (f) any typographical or other error in the printing or advertising of this offer, administration or execution of the Contest, or in the announcement of the prize winners; or (g) cheating or fraud by any Nominator. If for any reason this Contest cannot be executed as planned, including but not limited to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor that corrupt or affect the security, administration, fairness, integrity or proper conduct of this Contest, or if this Contest is compromised or becomes technically corrupted in any way, electronically or otherwise, or if fire, flood, explosion, war, embargo, government requirement, fraudulent, criminal or grossly negligent acts, security breaches, civil or military authority, terrorism, acts of God, (e.g., natural disasters, weather, etc.) or an unforeseeable health event (e.g. pandemic or epidemic),
acts or omissions of carriers, or any other cause beyond Sponsors’ control, interfere with the process for the Contest as contemplated by these Official Rules, as determined by Sponsor in its sole discretion, Sponsor, may, without prior notice, terminate, modify or suspend the Contest, in whole or in part. If this Contest is terminated before the original end date, Sponsor reserves the right, at its sole discretion, to determine the prize winners from among all non-suspect, eligible Entries received up to the time of such action using the judging procedure set forth herein. In the event of early termination of the Contest, Sponsor will post a notice regarding the termination on the Contest Website. Sponsor reserves the right, at its sole discretion, to disqualify and prosecute any individual who tampers with or attempts to tamper with the Entry process or who enters more than one time. All decisions of Sponsor are final.
The Released Entities do not assume any responsibility for any disruption in the Contest caused by circumstance or other unforeseen events outside of the control of the Contest Entities. In the event there is a discrepancy or inconsistency between disclosures and other statements contained in any Contest materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern, and control.
10) TAX INFORMATION
: Any federal, state, local, and other income taxes on prizes are the sole responsibility of each Nominee Winner.
11) PERSONAL INFORMATION
: By entering the Promotion, you grant the Released Entities permission to
use your personal information in
12) DISPUTES & GOVERNING LAW
: This Promotion is conducted in English (which will be given its everyday ordinary meaning), and Entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resorting to any form of class action, and exclusively by the United States District Court in Birmingham, Alabama (or if such court does not have jurisdiction, then the appropriate state court in Birmingham, Alabama); and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in the Promotion, but in no event attorneys' fees. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the participant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Alabama, without giving effect to any choice of law or conflict of law rules (whether of the State of Alabama or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Alabama.
13) WINNERS LIST
: For a list of winning high schools, please visit www.poweradepoweryourschool.com
. The Contest Website will be updated on or about February 28, 2023.
14) SPONSOR & ADMINISTRATOR
: Sponsor: Coca-Cola Bottling Company UNITED-Gulf Coast, LLC, 4600 E Lake Blvd., Birmingham, AL 35217. The
Administrator is Marden-Kane, Inc., 575 Underhill Blvd., Suite 222, Syosset, NY 11791.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
Google LLC is not a participant or sponsor of this Promotion.Copyright 2022 Marden-Kane Inc.
All rights reserved. Entrants are hereby authorized to copy these Official Rules on the condition that it will be for the Entrant’s personal use only.