1. Eligibility: Nominations for the POWERADE Rise Up for Your School (the "Contest) may be submitted only by legal residents of the 50 United States (including the District of Columbia) who are at least 13 years of age or older at the time of the nomination (each a "nominator"). Only accredited U.S. private or public high schools with athletic facilities (each a "School") that comply with Sponsor's requirements are eligible to receive a grant in this Contest. The Contest is subject to all applicable federal, state and local laws and regulations and is void where prohibited by law.
2. Sponsor: The Contest is sponsored by 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. The Contest is presented by: ESPN Rise, LLC, ESPN Plaza, Bristol, CT 06010 ("ESPN").
3. Agreement to Official Rules: Participation in this Contest constitutes nominator's and School's full and unconditional agreement to these Official Rules and Sponsor's and Administrator's decisions, which are final and binding in all matters related to this Contest. Whether a nominator's nominated School receives a grant is contingent upon the nominator and the School fulfilling all requirements set forth herein.
4. Timing: The Contest begins on June 7, 2011 at 12:00 p.m. Eastern Time ("ET") and ends on July 27, 2011 at 11:59 p.m. ET (the "Contest Period"). ESPN's computer is the official time-keeping device for this Contest.
5. How to Nominate a School: During the Contest Period, visit www.espn.com/poweraderiseup and follow the links and instructions to complete and submit the nomination and registration form, including providing all required information about the School, the name and contact information for the authorized School representative, and your valid home address. P.O. Boxes are not permitted. Then submit a written essay about the School and why it deserves to have its athletic facilities upgraded (the "Submission"). By uploading a Submission, you agree that it conforms to the Submission Guidelines and Content Restrictions as defined below (collectively, the "Guidelines and Restrictions") and that Sponsor, in its sole discretion, may remove your Submission and disqualify you and the School from the Contest if it believes your Submission fails to conform to the Guidelines and Restrictions.
Submission Guidelines:
Content Restrictions:
Limit: Each nominator may only nominate 1 School during the Contest Period. Multiple nominators are not permitted to share the same email address. Any attempt by any nominator to nominate more than 1 School by using multiple/different email addresses, identities, registrations and logins, or any other methods will void all of that nominator's Submissions and that nominator may be disqualified from this Contest and any of the Sponsor's other promotions. Nominator must have permission from all individuals that are mentioned in the Submission or that appear in the optional photo or video (if any, as may be required of finalists) to use their name and likeness in the Submission or photo/video and to grant the rights set forth herein. If requested, nominator must be able to provide such permissions in a form acceptable by Sponsor. Uploading a Submission constitutes nominator's consent to give Sponsor a royalty-free, irrevocable, transferable, assignable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Submission in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. If requested, nominator will sign documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights nominator is granting to use the Submission or any portion thereof. Sponsor is not responsible for lost, late, incomplete, invalid, un-intelligible or misdirected Submissions, which are disqualified in Sponsor's sole discretion.
In the event of a dispute as to the nominator/owner of any Submission, the authorized account holder of the email address used to register will be deemed to be the nominator. 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 nominator may be required to show proof of being an authorized account holder.
6. Winner Determination: Schools located within Sponsor-designated geographical areas (the size and boundaries of such areas shall be determined by Sponsor in its sole and absolute discretion), will compete against Submissions for other Schools in the same designated areas.
For the "Primary Grant" (defined below), the designated geographical areas will be divided into three distinct regions, aligned with the Wal-Mart Business Units: West, East and Central (each a "Region").
For the "Secondary Grants" (defined below) the designated geographical areas will be divided into twelve distinct divisions: Southeast, Texas, Florida, MS River Delta, New England, Great Lakes, Midwest, Eastern Seaboard, Central Plains, Mountain, Northern Plains, and Pacific (each, a "Divison").
At the end of the Contest Period, a panel of qualified judges, determined by Sponsor in its sole discretion, will select from all eligible Submissions:
(a) First, the highest-scoring Submission for each Region (the "Potential Primary Grant Winners"), and
(b) Second, the highest-scoring Submission in each Division for Schools that are not already named as Potential Primary Grant Winners (each, a "Potential Secondary Grant Winner").
The judges will determine the Potential Primary Grant Winners and Potential Secondary Grant Winners based on the following criteria:
In the event of a tie, the Submission that received the highest score for Demonstration of Need, as determined by the qualified judges, will be deemed the winner of the tie. Sponsor reserves the right to select fewer than the stated number of Potential Primary Grant Winners and Potential Secondary Grant Winners, if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Submissions in such Region and/or Division.
7. Winner Requirements: The nominator and a representative from each Potential Primary Grant Winner and Potential Secondary Grant Winner will be notified by email, mail or phone on or around July 29, 2011. Each nominator and representative of the Potential Primary Grant Winners and Potential Secondary Grant Winners (or parent/legal guardian if nominator is a minor in his/her state of residence) will be required to sign and return to Administrator, within 7 days of the date notice or attempted notice is sent, a Declaration of Compliance, a Publicity/ Liability Release (except where prohibited), an Indemnity Agreement (for the School) and any other required documentation in order to accept the grant and to fulfill any such other requirements as determined by Administrator. If the nominator and/or School representative of any Potential Primary Grant Winner or Potential Secondary Grant Winner cannot be contacted, or fails to sign and return the Declaration or other documents within the required time period, the applicable School will forfeit the grant.
In addition, each Potential Primary Grant Winner will be required to submit video content, approximately 10 minutes long, about the School and its needs (each, a "Video") that Sponsor will use to create a vignette about each Grant Winner. Video must be submitted on DVD and all other details and deadline will be provided at that time. The Video must be produced by the School as work made for hire and the submitting School warrants that it has obtained all rights and clearances with respect to the Video and shall indemnify Sponsor, Released Parties (as defined in Section 11 below) and any licensee of Sponsor for a breach of the foregoing. Videos should include the following shots:
1) Establish School (Name, Location); 2) Establish Community (Town, State); 3) Include a static logo/graphic of school or sports team logo; 4) As the program is designed to support Athletic programs, Video must include several shots of what the School will use the money for and why; 5) High energy close and tag of why the School needs a grant; 6) Video must contain ABSOLUTELY NO MUSIC OR BRAND NAMES/LOGOS, except for the logo of the School. Ideally, on-camera individuals should wear school gear. 7) Video must consist of 100% original footage no clips from films, television, or any other footage not created by the person creating the Video on behalf of the School. If the Video does not meet the above criteria, Sponsor may disqualify the School and, if time permits, select a runner-up, if any, in its place.
In the event that any Potential Primary Grant Winner or Potential Secondary Grant Winner fails to submit the required Video or is disqualified for any reason, Sponsor reserves the right to contact a runner-up School (based upon the next highest score in the Region or Division, as applicable), if any, in Sponsor's sole discretion, and give the alternate School the opportunity to create and submit a Video as described above and sign the required documentation to accept the grant. Only 3 alternate winners may be determined, after which the applicable grant will remain un-awarded. In the event that any Potential Primary Grant Winner is disqualified, the qualifying Potential Secondary Grant Winner with the next highest score in that Region shall be selected as the alternate Potential Primary Grant Winner, and an alternate Potential Secondary Grant Winner for that Division will be selected from the next highest scoring Submission in that Division. Acceptance of any grant by a School shall constitute and signify the School representative's and the nominator's agreement and consent that Sponsor and its designees may use the their names, city, state, likeness, photo, Submission, Video, and/or grant information in connection with the Contest for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law. Without limiting the generality of these Official Rules, nominators and the Potential Primary Grant Winners and Potential Secondary Grant Winners shall irrevocably grant, transfer, convey and assign to Sponsor the entirety of the rights in and to the Submission and/or Video and all renewals and extensions of copyright, and the right to secure copyright registrations thereto in perpetuity including, without limitation, the rights to use the Submission and/or Video for any and all purposes in any and all media whether now known or hereafter developed, on a worldwide basis, in perpetuity. Nominators and Potential Primary Grant Winners and Potential Secondary Grant Winners accept and acknowledge that Sponsor and/or ESPN shall not be obligated to use the Submission and/or Video (if any) and that Sponsor in its sole discretion shall have the right to refrain from using the Submission and/or Video. Neither Sponsor nor ESPN shall incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder. Nominators and Potential Primary Grant Winners and Potential Secondary Grant Winners will indemnify Sponsor, Released Parties (as defined in Section 11 below) and any licensee of Sponsor against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these terms. Schools will be contacted with all details of grants within approximately 4 8 weeks after all winning Schools are confirmed at the end of Contest Period.
8. Grants: 3 PRIMARY GRANTS (1 PER REGION)(each a "Primary Grant"): A $20,000 grant that the School must use to upgrade its athletic facilities, in accordance with all guidelines provided by Sponsor. Actual Value per Primary Grant: $20,000.
12 SECONDARY GRANTS (1 PER DIVISION)(each a 'Secondary Grant"): A $2,500 grant that the School must use to upgrade its athletic facilities, in accordance with all guidelines provided by Sponsor. Actual Value per Secondary Grant: $2,500.
There is no prize for any nominator.
For All Grants: No substitution, exchange or transfer of grant by any winning School. Sponsor reserves the right to substitute a grant for something of equal or greater value. Grants must be used for designated purpose as per Sponsor's guidelines. The winning Schools are responsible for all taxes and fees, if any, associated with grant receipt and/or use. Limit: 1 grant per School.
9. Publicity: Except where prohibited, participation in the Contest constitutes nominator's consent for the Sponsor and the Sponsor's designees to use nominator's name, likeness, city and state of residence for promotional purposes in any media without further consideration. Acceptance of a grant by any School constitutes agreement to be part of a vignette about the School to be aired on television or in any other media determined by Sponsor, in its sole discretion. Such vignette's footage may be taken from the produced Video, in Sponsor's sole discretion.
10. 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, 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 winning Schools, from the entries 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 any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or any other Contest, 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, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. The Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
11. Release and Limitations of Liability: Except where prohibited, by participating in the Contest, nominator agrees to release and hold harmless ePrize, LLC, The Coca Cola Company, Coca Cola bottlers, ESPN, Wal-Mart Stores, Inc. and their respective related companies, parents, subsidiaries, affiliates, and their respective agents and agencies, promotional partners, prize partners, and their respective officers, directors, employees and agents (collectively, the "Released Parties") from and against any claim or cause of action arising out of participation in the Contest or use of the grant, including, but not limited to: (a) unauthorized human intervention in the Contest; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors; (d) errors in the administration of the Contest or the processing of entries; (e) late, lost, or undeliverable mail; or (f) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from nominator's participation in the Contest, or the School's receipt of or use of the grant. Nominator 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. Nominator waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
12. Disputes: Nominator agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Contest or its associated winner selection and/or notification (the "Contest Administration") 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 nominator be permitted to obtain awards for and nominator 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 nominator and Sponsor in connection with the Contest and Contest Administration, 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: For a winner list, visit http://bit.ly/l74tGI. The winner list will be posted after winner confirmation is complete.