https://wendys.promo.eprize.com/bigscore/
Official Rules
Coca-Cola® and NCAA® Football Big Score
Official Rules
NO PURCHASE REQUIRED TO ENTER OR TO WIN. U.S. ONLY. VOID WHERE PROHIBITED.
1. Eligibility: Coca-Cola® and NCAA® Football Big Score (the "Promotion") is open only to legal residents of the 50 United States (and the District of Columbia) who are 18 years old and older at the time of entry. Void where prohibited. Employees of The Coca-Cola Company, Coca-Cola Bottlers, ePrize, LLC, Wendy’s International, Inc. and its franchisees, The National Collegiate Athletic Association (the "NCAA"), CBS Broadcasting, Inc., IMG Worldwide, Inc., Saatchi & Saatchi X, Kirshenbaum Bond & Partners LLC and Dotglu LLC., Electronic Arts Inc, Berry Plastics Corporation, International Paper, Marketing Services By Vectra, Inc. and each of their respective related companies, suppliers, parents, subsidiaries, affiliates, agents, prize partners/providers and any agencies or other companies involved in the development or execution of the Promotion or production or distribution of Promotion materials, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible. Promotion is subject to all applicable federal, state, local laws and regulations. Odds of winning are described in detail in paragraph 7 below. The Promotion consists of a Sweepstakes (the “Sweepstakes”), an Instant Win game (the “Instant Win Game”) and a collect and win game (the "Collect and Win Game").
2. Sponsor: Coca-Cola North America, a division of The Coca-Cola Company, One Coca-Cola Plaza, Atlanta, GA 30313. Administrator: ePrize, LLC, One ePrize Drive, Pleasant Ridge, MI 48069.
3. Agreement to Official Rules: By participating in the Promotion, each entrant fully and unconditionally agrees to and accepts these Official Rules and the decisions of Sponsor and/or Administrator, which are final and binding in all matters related to the Promotion.
4. Timing: The Promotion will begin August 31, 2009 at 12:00 a.m. Eastern Time ("ET"), and end at 11:59 p.m. ET, November 30, 2009 (the "Promotion Period"). Administrator’s computer is the official time keeping device for this Promotion.
5. How to Enter the Promotion:
a. For Sweepstakes and Instant Win Game: You will need to obtain a 10 digit code ("Code") to enter the Sweepstakes and play the Instant Win Game. There are 2 ways to obtain a Code:
i. Visit a Wendy's Restaurant: During the Promotion Period, visit a participating Wendy's restaurant and purchase a medium or large combo (or a 30 oz. or 40 oz. a la carte drink). Locate the Code on specially marked 30oz. or 40oz. cups while supplies last.
ii. To Obtain a Code Without a Purchase:Visit http://www.ncaa.com/wendys and follow the links and instructions and you will receive a Code to participate in the Sweepstakes and Instant Win Game via automated email. Limit: Up to five (5) requests per day. All requests must be received by November 30, 2009. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible, illegible, or misdirected requests, which will not be honored.
Once you have obtained a Code, visit http://www.ncaa.com/wendys and follow the links and instructions for entry. After you submit the required information on the registration or login form and complete the Code entry page, you will automatically receive 1 entry into the Sweepstakes and 1 Instant Win Game play. Codes obtained from 40 oz. or 30 oz a la carte drinks may only be entered once. You will automatically advance to the Instant Win Game Page where you will have the opportunity to play the Instant Win Game. Once on the Instant Win Game page, follow the links and instructions to play the Instant Win Game. You will be instantly notified if you are a potential winner of an Instant Win Game prize. If you are the potential winner of a prize, pending verification you will receive an email detailing the prize you have won and explaining fully how to retrieve your prize. The Instant Win Game is not compatible with systems using Opera Web Browsers. Limit: Each participant may enter/play up to 5 times per day during the Promotion Period.
b. For Collect and Win Game: After each time you play the Instant Win Game during the Promotion Period and receive a lose message, you will receive 1 Collect and Win Game game piece in the form of yardage from a football play (a “Game Piece”). Your location on the virtual football field will be displayed each time you return and play the Collect and Win Game. Reach the end zone on the virtual football field to be a potential winner of a Collect and Win Game Prize. Limit: You may enter the Collect and Win Game up to 5 times each day during the Promotion Period.
For Sweepstakes, Instant Win Game and Collect and Win Game: Multiple participants are not permitted to share the same email address. All entries must be received during the Promotion Period. Any attempt by any participant to obtain more than the stated number of plays/entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that participant’s plays/entries and that participant may be disqualified. Use of any automated system to submit entries is prohibited and will result in disqualification. In the event of a dispute as to any online entry, the authorized account holder of the email address used to enter 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 for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder.
ALL POTENTIAL WINNING PLAYS ARE SUBJECT TO VERIFICATION BY SPONSOR OR ADMINISTRATOR, WHOSE DECISIONS ARE FINAL. AN ENTRANT IS NOT A WINNER OF ANY PRIZE, EVEN IF THE INSTANT WIN GAME DISPLAYS A WINNING MESSAGE, UNLESS AND UNTIL ENTRANT’S ELIGIBILITY AND THE POTENTIAL WINNING PLAY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. SPONSOR WILL NOT ACCEPT SCREEN SHOTS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS. ANY PLAY THAT OCCURS AFTER THE SYSTEM HAS FAILED FOR ANY REASON IS DEEMED A DEFECTIVE PLAY AND IS VOID AND WILL NOT BE HONORED.
6. Sweepstakes/Instant Win Game/Collect and Win Game: The potential winners must comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements. Sweepstakes: Administrator, an independent judging organization, will randomly select the potential Sweepstakes winners on or about December 1, 2009 from all eligible entries received. Except where prohibited, the potential winners of the Sweepstakes prizes (or their parents/legal guardians if winners are minors in their state of residence) must sign and return, within 5 days of being notified, an Affidavit of Eligibility Liability and Publicity Release in order to claim their prize. Instant Win Game: 8,500 random, computer-generated winning times, one for each of the Instant Win Game prizes listed in paragraph 8 below, will be created. If you are the first player to play the Instant Win Game at or after any one of the randomly generated times you will be a potential instant winner of the prize indicated. Collect and Win Game: There will be 20 random, computer-generated winning times which provide the amount of yardage needed to reach the end zone on the virtual football field generated during the Promotion Period. If you are the first player to play the Collect and Win Game at or after this randomly generated time, you will be a potential winner of the prize indicated.
For all potential winners: If any potential prize winner cannot be contacted in person, via email, or by mail or if he/she fails to sign and return the Affidavit of Eligibility, Liability and Publicity Release within the required time period (if applicable), or is disqualified for any other reason, potential winner forfeits prize. In the event that the winner of a Grand, First, Second or Third Prize is disqualified for any reason, an alternate winner will be selected in his/her place in a random drawing from among all eligible entries received. There will be 3 alternate drawings after which the applicable prize will remain unawarded. Unclaimed Fourth Prizes will remain unawarded. Prizes will be fulfilled approximately 8 to 10 weeks after the conclusion of the Promotion.
7. Prizes:
a. Sweepstakes:1 GRAND PRIZE: Winner will be provided $20,000 awarded in the form of a check in winner's name to create their ultimate NCAA® Football weekend for them and their friends. Approximate Retail Value (“ARV”): $20,000. 1 FIRST PRIZE: $10,000 in American Express gift cards to purchase and create your ultimate football viewing room. ARV: $10,000. 1 SECOND PRIZE: Free Wendy's burgers for 1 year, awarded in the form of a Wendy's gift card. ARV: $200.
For all Sweepstakes prizes: Odds of winning a Sweepstakes prize depend on the number of eligible entries received during the Promotion Period. Limit: 1 Sweepstakes Prize per person.
b. Collect and Win Game Prizes: 20 THIRD PRIZES: PLAYSTATION®3 computer entertainment system. ARV: $399. The ARV is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for the purposes of these Official Rules and the date the prize is awarded or redeemed. Approximate odds of winning a Collect and Win Game Prize (based on receipt of one of the 20 Game Pieces) are dependent on the number of eligible entries received during the Promotion Period. Limit: One (1) Collect and Win Game Prize per person.
c. Instant Win Game Prizes: 6,000 FOURTH PRIZES: NCAA Football 10 video game from EA SPORTS™ for winner's choice of gaming console. ARV: $59.99. 2,500 FIFTH PRIZES: A $5 Wendy's gift card. ARV: $5. Odds of winning an Instant Win Game prize are based on the number of eligible Instant Win Game plays during the Promotion Period, divided by the number of Instant Win prizes. Limit: 1 Instant Win Game Prize per person.
For all gift card prizes: Terms and conditions of gift cards apply.
For all prizes: No substitution, exchange or transfer of prize by winner. Sponsor reserves the right to substitute any prize for one of equal or greater value. Each prize winner is responsible for all taxes and fees associated with prize receipt and/or use. The total ARV of all prizes: $410,620.
8. Publicity: Except where prohibited, participation in the Promotion constitutes winner's consent to Sponsor's use of winner's name, likeness, voice, opinions, biographical information, hometown and state for promotional purposes in any media, without further payment or consideration.
9. General Conditions: Sponsor reserves the right to cancel or modify the Promotion in the event that the operation, security, or administration of the Promotion is impaired in any way for any reason, including, but, not limited to, fraud, virus, regularly scheduled maintenance, technical failures or any other factor beyond Sponsor's reasonable control which impairs the integrity of the Promotion, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to award the prizes at random from among the eligible entries received up to the time of the impairment. 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 Promotion or to be acting in violation of these Official Rules, or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage any web site or undermine the legitimate operation of the Promotion is a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages and costs (including without limitation attorneys' fees) 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: By participating in the Promotion, entrant agrees to release and hold harmless, The Coca-Cola Company, Coca-Cola Bottlers, ePrize, LLC, Wendy's International, Inc. and its franchisees, the NCAA, CBS Broadcasting, Inc., IMG Worldwide Inc., Saatchi & Saatchi X, Kirshenbaum Bond & Partners LLC and Dotglu LLC., Electronic Arts Inc, Berry Plastics Corporation, International Paper, Marketing Services By VEctra, Inc. and each of their respective related companies, parents, subsidiaries, affiliates, and their respective agents and agencies, promotional partners and prize partners (“Collectively Released Parties”) from and against any claim or cause of action arising out of participation or attempt to participate in the Promotion or receipt or use of any prize.
11. Limitations of Liability: Released Parties are not responsible for and entrants release and hold the Released Parties harmless for: (i) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (ii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iii) unauthorized human intervention in any part of the entry process or the Promotion; (iv) electronic or human error which may occur in the administration of the Promotion or the processing of entries; or (v) any injury or damage to persons or property, including but not limited to entrant's computer, hardware or software, which injury or damage may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Promotion. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes or Instant Win Game play, provided that if it is not possible to award another entry due to discontinuance of the Promotion, or any part of it, for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. 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 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, unawarded, eligible prize claims.
12. Disputes: Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or in connection with this Promotion, or any prizes 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; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys' fees; and (iii) under no circumstances will entrant be permitted to obtain awards for, and entrant 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 entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Michigan, without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.
13. Winner List: Winner List requests will only be accepted after the promotion end date (listed above) and no later than February 28, 2010. For the Winner List, visit the promotion website, complete the form at the bottom of the FAQ, and select "Win List Request" in the drop down.
Official Rules
Coca-Cola® and NCAA® Football Big Score
Official Rules
NO PURCHASE REQUIRED TO ENTER OR TO WIN. U.S. ONLY. VOID WHERE PROHIBITED.
1. Eligibility: Coca-Cola® and NCAA® Football Big Score (the "Promotion") is open only to legal residents of the 50 United States (and the District of Columbia) who are 18 years old and older at the time of entry. Void where prohibited. Employees of The Coca-Cola Company, Coca-Cola Bottlers, ePrize, LLC, Wendy’s International, Inc. and its franchisees, The National Collegiate Athletic Association (the "NCAA"), CBS Broadcasting, Inc., IMG Worldwide, Inc., Saatchi & Saatchi X, Kirshenbaum Bond & Partners LLC and Dotglu LLC., Electronic Arts Inc, Berry Plastics Corporation, International Paper, Marketing Services By Vectra, Inc. and each of their respective related companies, suppliers, parents, subsidiaries, affiliates, agents, prize partners/providers and any agencies or other companies involved in the development or execution of the Promotion or production or distribution of Promotion materials, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible. Promotion is subject to all applicable federal, state, local laws and regulations. Odds of winning are described in detail in paragraph 7 below. The Promotion consists of a Sweepstakes (the “Sweepstakes”), an Instant Win game (the “Instant Win Game”) and a collect and win game (the "Collect and Win Game").
2. Sponsor: Coca-Cola North America, a division of The Coca-Cola Company, One Coca-Cola Plaza, Atlanta, GA 30313. Administrator: ePrize, LLC, One ePrize Drive, Pleasant Ridge, MI 48069.
3. Agreement to Official Rules: By participating in the Promotion, each entrant fully and unconditionally agrees to and accepts these Official Rules and the decisions of Sponsor and/or Administrator, which are final and binding in all matters related to the Promotion.
4. Timing: The Promotion will begin August 31, 2009 at 12:00 a.m. Eastern Time ("ET"), and end at 11:59 p.m. ET, November 30, 2009 (the "Promotion Period"). Administrator’s computer is the official time keeping device for this Promotion.
5. How to Enter the Promotion:
a. For Sweepstakes and Instant Win Game: You will need to obtain a 10 digit code ("Code") to enter the Sweepstakes and play the Instant Win Game. There are 2 ways to obtain a Code:
i. Visit a Wendy's Restaurant: During the Promotion Period, visit a participating Wendy's restaurant and purchase a medium or large combo (or a 30 oz. or 40 oz. a la carte drink). Locate the Code on specially marked 30oz. or 40oz. cups while supplies last.
ii. To Obtain a Code Without a Purchase:Visit http://www.ncaa.com/wendys and follow the links and instructions and you will receive a Code to participate in the Sweepstakes and Instant Win Game via automated email. Limit: Up to five (5) requests per day. All requests must be received by November 30, 2009. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible, illegible, or misdirected requests, which will not be honored.
Once you have obtained a Code, visit http://www.ncaa.com/wendys and follow the links and instructions for entry. After you submit the required information on the registration or login form and complete the Code entry page, you will automatically receive 1 entry into the Sweepstakes and 1 Instant Win Game play. Codes obtained from 40 oz. or 30 oz a la carte drinks may only be entered once. You will automatically advance to the Instant Win Game Page where you will have the opportunity to play the Instant Win Game. Once on the Instant Win Game page, follow the links and instructions to play the Instant Win Game. You will be instantly notified if you are a potential winner of an Instant Win Game prize. If you are the potential winner of a prize, pending verification you will receive an email detailing the prize you have won and explaining fully how to retrieve your prize. The Instant Win Game is not compatible with systems using Opera Web Browsers. Limit: Each participant may enter/play up to 5 times per day during the Promotion Period.
b. For Collect and Win Game: After each time you play the Instant Win Game during the Promotion Period and receive a lose message, you will receive 1 Collect and Win Game game piece in the form of yardage from a football play (a “Game Piece”). Your location on the virtual football field will be displayed each time you return and play the Collect and Win Game. Reach the end zone on the virtual football field to be a potential winner of a Collect and Win Game Prize. Limit: You may enter the Collect and Win Game up to 5 times each day during the Promotion Period.
For Sweepstakes, Instant Win Game and Collect and Win Game: Multiple participants are not permitted to share the same email address. All entries must be received during the Promotion Period. Any attempt by any participant to obtain more than the stated number of plays/entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that participant’s plays/entries and that participant may be disqualified. Use of any automated system to submit entries is prohibited and will result in disqualification. In the event of a dispute as to any online entry, the authorized account holder of the email address used to enter 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 for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder.
ALL POTENTIAL WINNING PLAYS ARE SUBJECT TO VERIFICATION BY SPONSOR OR ADMINISTRATOR, WHOSE DECISIONS ARE FINAL. AN ENTRANT IS NOT A WINNER OF ANY PRIZE, EVEN IF THE INSTANT WIN GAME DISPLAYS A WINNING MESSAGE, UNLESS AND UNTIL ENTRANT’S ELIGIBILITY AND THE POTENTIAL WINNING PLAY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. SPONSOR WILL NOT ACCEPT SCREEN SHOTS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS. ANY PLAY THAT OCCURS AFTER THE SYSTEM HAS FAILED FOR ANY REASON IS DEEMED A DEFECTIVE PLAY AND IS VOID AND WILL NOT BE HONORED.
6. Sweepstakes/Instant Win Game/Collect and Win Game: The potential winners must comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements. Sweepstakes: Administrator, an independent judging organization, will randomly select the potential Sweepstakes winners on or about December 1, 2009 from all eligible entries received. Except where prohibited, the potential winners of the Sweepstakes prizes (or their parents/legal guardians if winners are minors in their state of residence) must sign and return, within 5 days of being notified, an Affidavit of Eligibility Liability and Publicity Release in order to claim their prize. Instant Win Game: 8,500 random, computer-generated winning times, one for each of the Instant Win Game prizes listed in paragraph 8 below, will be created. If you are the first player to play the Instant Win Game at or after any one of the randomly generated times you will be a potential instant winner of the prize indicated. Collect and Win Game: There will be 20 random, computer-generated winning times which provide the amount of yardage needed to reach the end zone on the virtual football field generated during the Promotion Period. If you are the first player to play the Collect and Win Game at or after this randomly generated time, you will be a potential winner of the prize indicated.
For all potential winners: If any potential prize winner cannot be contacted in person, via email, or by mail or if he/she fails to sign and return the Affidavit of Eligibility, Liability and Publicity Release within the required time period (if applicable), or is disqualified for any other reason, potential winner forfeits prize. In the event that the winner of a Grand, First, Second or Third Prize is disqualified for any reason, an alternate winner will be selected in his/her place in a random drawing from among all eligible entries received. There will be 3 alternate drawings after which the applicable prize will remain unawarded. Unclaimed Fourth Prizes will remain unawarded. Prizes will be fulfilled approximately 8 to 10 weeks after the conclusion of the Promotion.
7. Prizes:
a. Sweepstakes:1 GRAND PRIZE: Winner will be provided $20,000 awarded in the form of a check in winner's name to create their ultimate NCAA® Football weekend for them and their friends. Approximate Retail Value (“ARV”): $20,000. 1 FIRST PRIZE: $10,000 in American Express gift cards to purchase and create your ultimate football viewing room. ARV: $10,000. 1 SECOND PRIZE: Free Wendy's burgers for 1 year, awarded in the form of a Wendy's gift card. ARV: $200.
For all Sweepstakes prizes: Odds of winning a Sweepstakes prize depend on the number of eligible entries received during the Promotion Period. Limit: 1 Sweepstakes Prize per person.
b. Collect and Win Game Prizes: 20 THIRD PRIZES: PLAYSTATION®3 computer entertainment system. ARV: $399. The ARV is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for the purposes of these Official Rules and the date the prize is awarded or redeemed. Approximate odds of winning a Collect and Win Game Prize (based on receipt of one of the 20 Game Pieces) are dependent on the number of eligible entries received during the Promotion Period. Limit: One (1) Collect and Win Game Prize per person.
c. Instant Win Game Prizes: 6,000 FOURTH PRIZES: NCAA Football 10 video game from EA SPORTS™ for winner's choice of gaming console. ARV: $59.99. 2,500 FIFTH PRIZES: A $5 Wendy's gift card. ARV: $5. Odds of winning an Instant Win Game prize are based on the number of eligible Instant Win Game plays during the Promotion Period, divided by the number of Instant Win prizes. Limit: 1 Instant Win Game Prize per person.
For all gift card prizes: Terms and conditions of gift cards apply.
For all prizes: No substitution, exchange or transfer of prize by winner. Sponsor reserves the right to substitute any prize for one of equal or greater value. Each prize winner is responsible for all taxes and fees associated with prize receipt and/or use. The total ARV of all prizes: $410,620.
8. Publicity: Except where prohibited, participation in the Promotion constitutes winner's consent to Sponsor's use of winner's name, likeness, voice, opinions, biographical information, hometown and state for promotional purposes in any media, without further payment or consideration.
9. General Conditions: Sponsor reserves the right to cancel or modify the Promotion in the event that the operation, security, or administration of the Promotion is impaired in any way for any reason, including, but, not limited to, fraud, virus, regularly scheduled maintenance, technical failures or any other factor beyond Sponsor's reasonable control which impairs the integrity of the Promotion, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to award the prizes at random from among the eligible entries received up to the time of the impairment. 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 Promotion or to be acting in violation of these Official Rules, or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage any web site or undermine the legitimate operation of the Promotion is a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages and costs (including without limitation attorneys' fees) 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: By participating in the Promotion, entrant agrees to release and hold harmless, The Coca-Cola Company, Coca-Cola Bottlers, ePrize, LLC, Wendy's International, Inc. and its franchisees, the NCAA, CBS Broadcasting, Inc., IMG Worldwide Inc., Saatchi & Saatchi X, Kirshenbaum Bond & Partners LLC and Dotglu LLC., Electronic Arts Inc, Berry Plastics Corporation, International Paper, Marketing Services By VEctra, Inc. and each of their respective related companies, parents, subsidiaries, affiliates, and their respective agents and agencies, promotional partners and prize partners (“Collectively Released Parties”) from and against any claim or cause of action arising out of participation or attempt to participate in the Promotion or receipt or use of any prize.
11. Limitations of Liability: Released Parties are not responsible for and entrants release and hold the Released Parties harmless for: (i) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (ii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iii) unauthorized human intervention in any part of the entry process or the Promotion; (iv) electronic or human error which may occur in the administration of the Promotion or the processing of entries; or (v) any injury or damage to persons or property, including but not limited to entrant's computer, hardware or software, which injury or damage may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Promotion. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes or Instant Win Game play, provided that if it is not possible to award another entry due to discontinuance of the Promotion, or any part of it, for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. 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 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, unawarded, eligible prize claims.
12. Disputes: Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or in connection with this Promotion, or any prizes 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; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys' fees; and (iii) under no circumstances will entrant be permitted to obtain awards for, and entrant 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 entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Michigan, without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.
13. Winner List: Winner List requests will only be accepted after the promotion end date (listed above) and no later than February 28, 2010. For the Winner List, visit the promotion website, complete the form at the bottom of the FAQ, and select "Win List Request" in the drop down.
