MUSIC & MIRACLES’ CAPTURE A COKE CONTEST
OFFICIAL RULES (“Rules”)
NO PURCHASE NECESSARY TO ENTER OR WIN. MANY WILL ENTER. FEW WILL WIN.
1. SPONSOR: Coca-Cola Bottling Company United, Inc., 4600 East Lake Boulevard, Birmingham, AL 35217 (“Sponsor”) shall sponsor this skill-based contest (“Contest”).
2. CONTEST ADMINISTRATOR: The Chicken Salad Chick Foundations, Inc., 724 N. Dean Road, Suite 100, Auburn, AL 36830 (“Administrator”) shall be responsible for administrating aspects of this skill-based Contest and whose decisions shall be final and binding with respect to the Contest and its Contestants (as defined in Section 4 below).
3. ELIGIBILITY: To be eligible for this Contest, at the time of entering you must: (a) be a legal resident of one (1) of the fifty (50) states of the United States or the District of Columbia (collectively, the “Territory”); (b) be at least eighteen (18) years of age or older; (c) not be an employee of Sponsor, Administrator, their parents, divisions, affiliates, subsidiary companies, or their advertising, promotion, or fulfillment agencies involved in this Contest (collectively, “Entities”), nor a member of the household or immediate family of such employee; (d) not have any contractual relationships which could interfere with or prohibit you from entering into, and fully participating in, the Contest (Administrator retains the right to determine in its sole discretion if an existing agreement represents a conflict); (e) be willing to have your Submission as defined below in Section 5, as well as a picture or pictures of you published through Sponsor’s website at www.cocacolaunited.com (“Sponsor’s Website”), Administrator’s website at www.chickensaladchick.com/foundation and/or www.musicandmiracles.com (“Administrator’s Website”), Administrator’s and Sponsor’s various social media outlets, or otherwise distributed, in connection with, or to promote, the Contest, Administrator’s Website, and/or Sponsor’s Website, and/or for any other commercial or other purpose as determined by Administrator and/or Sponsor; (f) not have been convicted of, or currently charged with a felony or crime of moral turpitude as determined by Administrator in its sole discretion; and, (g) to be eligible to receive the Super Prize (as defined in Section 11 below) as the Super Prize Winner (as defined in Section 4 below), you and your guest must be available to attend the Music & Miracles Superfest on April 23, 2016, for Administrator and/or Sponsor to fulfill all elements of the Super Prize (“Super Prize Fulfillment Date”), which includes, among other things, travelling to Auburn, Alabama (see Section 11 below).
Instructions on how to register, create, and submit your Submission (as defined in Section 4 below) are described below in Sections 4, 5, 6, and 7. Registering and uploading your Submission are both free of charge. Void where prohibited and subject to all applicable federal, state, local, and municipal laws and regulations.
4. BRIEF OVERVIEW OF CONTEST: This Contest is being conducted in two (2) phases as follows:
Phase 1/Entry/Submission Phase (“Submission Phase”): During the period commencing on or about 12:01:00 PM, CST, on March 1, 2016, and ending at approximately 11:59:59 PM CST, March 31, 2016, you may compete for the chance to win one (1) available Super Prize (as defined in Section 11) by taking a creative “selfie” photograph of yourself with a COKE, uploading the photo to either Facebook, Twitter, or Instagram and tagging the photo with hashtag #mmsuperfestCOKE. (collectively, “Entry” or “Entry Material”), all pursuant to the guidelines and Do’s and Don’ts included in these Rules (“Instructions”) and posted on http://www.musicandmiracles.com/coca-cola (the “Contest Website”), and with any other required information (collectively a “Submission”).
For purposes of these Rules, all times and days are Central Standard Time (“CST”). Administrator’s computer is the official time keeping device for this Contest; and the awarding of the prizes is subject to the eligibility and forfeiture provisions set forth below.
The dates and times set forth above and below are subject to change in Administrator’s sole discretion. In the event of any change, notice of the revised date or time may be posted on the Contest Website.
What the Judges are looking for: Your Entry should be original, creative, and fun. Administrator’s appointed panel of qualified judges, determined by Administrator in its sole discretion (“Judges”) will score on a scale of one hundred (100) points the eligible Submissions based on the following criteria (“Criteria”): originality (45%), creativity (45%), and picture quality (10%). Please be sure to review the Official Rules and Do’s and Don’ts below submitting your Submission. Incomplete Submissions will be disqualified. Contestants have discretion on their Submission and are not required to follow a particular form, besides including a COKE in the picture. Contestants shall neither violate intellectual property laws nor contractual obligations to third parties with regards to this Contest.
When creating your Submission, you must adhere to the Do’s & Don’ts below and on the Contest Website.
DO’s & DON’Ts
Do’s…
• Post a selfie with a Coke and express the relationship you have with Coke AND with either music or miracles through your selfie!
• Do protect privacy.
Please don’t include any full names of any person(s) other than Contestant.
• Read the instructions before you begin creating your Submission.
Make sure to follow the rules so you can be eligible to win!
• Have fun!
Don’ts…
• Don’t be rude, or make obscene or inappropriate gestures.
Avoid obscene gestures and other inappropriate stuff! Keep it clean please.
• Don’t submit a blurry picture!
We want to see you clearly, so make sure your picture is in focus!
Phase 2/Judging Phase (“Judging Phase”): During the period between April 1, 2016 and April 6, 2016 (“Judging Phase”), Judges shall view and proceed to rate each Submission according to the Criteria (each, a “Rating”). Each of the Submissions will then be ranked according to the Judges’ scores for subsequent use in determining the one (1) Super Prize Winner (as defined in this section below.
The one (1) eligible Submission that receives the highest Rating in the Contestant group will be determined as the winner of the Super Prize (“Super Prize Winner”). Rating criteria shall be as follows: originality (45%), creativity (45%) and picture quality (10%). (Super Prize Winner is sometimes referred to herein as the “Winner”). Prior to being awarded any prize, the potential Winner and all Submissions are subject to verification and compliance with these Rules. In the event of a tie, Administrator retains the sole and exclusive right to determine which Contestant will qualify as the Winner.
Disqualification of a Contestant can result if Administrator suspects any fraud. Determinations of violations are at Administrator’s sole discretion.
See section 11 below for details regarding the prizes.
5. HOW TO REGISTER: You may enter the Contest by following the instructions in Section 7 below. If you choose to enter the Contest by uploading your picture to Facebook, Twitter, or Instagram (the “Social Media Sites”), you will be required to have a profile with http://www.facebook.com (“Facebook Site”), http://www.twitter.com (“Twitter Site”), or http://www.instagram.com (“Instagram Site”). To create a profile for any of the Social Media Sites, please visit the Facebook Site, Twitter Site, and/or Instagram Site and follow the instructions to create your profile. When you engage with the Social Media Sites, you are interacting with a third party, not Administrator. Administrator does not endorse and has no control over the Social Media Sites. The information you share with the Social Media Sites is subject to each site’s own privacy policy and your privacy settings on each Social Media Site. Administrator makes no warranties, express or implied, as to the Social Media Sites or any other third party website or application (including the accuracy, reliability or completeness of information supplied by it or its privacy practices). If you decide to access other websites, including the Social Media Sites, you do so at your own risk. Under no circumstances will Administrator be responsible for any loss or damage resulting from your use of the Social Media Sites or any other third party website or application. If any of the services offered through the Social Media Sites become temporarily or permanently unavailable for any reason, or if you elect to delete your account from any of the Social Media Sites during the Submission Phase or Judging Phase and after entering the Contest, your Submission may be disqualified. In such an event, you may re-enter the Contest via mail as described below.
Normal Internet access and usage charges imposed by your online service will apply. It is your sole responsibility to notify Administrator if you, as a Contestant, change your profile address (“Address”). To do so, send the new Address to Administrator’s address as defined in Section 2, notating Attn: Music & Miracles’ Capture a Coke Contest on the envelope. These Rules shall govern regardless of any conflicts between them and any terms of use or privacy policies on Administrator, Sponsor, or any other site.
If you are not a Social Media Site user, you may participate by mailing your Submission in accordance with the instructions in Sections 6 and 7 below and must otherwise follow these Rules.
6. HOW TO CREATE A CONTEST SUBMISSION: Follow the Instructions to create your Submission. Submissions should adhere to all specifications included in these Rules. Any Submission that fails to meet Administrator’s specifications may be disqualified. Contestant may submit only one (1) Submission. Any duplicate or materially similar Submissions will be disqualified. If you attempt or are suspected of attempting (in the sole discretion of Administrator) to circumvent this limitation by any means, including but not limited to establishing multiple Social Media Site accounts, you may be disqualified from the Contest. All Submissions must be received during the Entry Period, and any Submission received after the Entry Period will be disqualified. Proof of submitting a Submission does not constitute proof of receipt or entry into the Contest.
If participating by mail, please provide your full name, date of birth, current home address (including street name and number/apt no, city, state, and zip), email address, telephone number, and the Entry pursuant to the guidelines and Do’s and Don’ts set forth in these Rules.
7. HOW TO SUBMIT A SUBMISSION: If participating via online, you must upload your Submission to your account profile on one of the Social Media Sites and make sure to use the hashtag #mmsuperfestCOKE. If you upload your Submission to your profile on multiple Social Media Sites, it will only count as one (1) Submission. Your privacy settings for the account profile on the Social Media Site you upload your Entry to must be set in a way that allows the general public to be able to view your profile and, at a minimum, view and read your Submission.
If participating by mail, please send the information set forth in Section 6 to Administrator’s address as defined in Section 2, notating Attn: Music & Miracles’ Capture a Coke Contest on the envelope.
By submitting your Submission, you are agreeing to these Rules, and to the decisions of the Judges and Administrator, which are final and binding in all respects. Furthermore, you grant Administrator permission to message your Social Media Site account(s), or email your email address regarding the possible use in any media of any Submission submitted by you.
Submissions will not be returned, and Entities reserve the right to use any portion of Submissions in perpetuity, without compensation, for any commercial or promotional or other purpose, except where prohibited by law.
8. CONTEST SUBMISSION REQUIREMENTS/LIMITATIONS: All Submissions must meet the following requirements and specifications to be eligible:
a. The Submission must be authorized. This means that you must have the legal right and any and all permissions necessary to submit the Submission into the Contest. By submitting the Submission, you hereby represent that you have all rights necessary to distribute the Submission through the Social Media Sites, the Contest Website or any other website and to grant to Administrator the rights set forth below.
b. The Submission must be your original work and must not infringe the copyright, trademark, privacy, publicity or any other intellectual property right of any person or entity.
c. The Submission must meet all specifications set forth by Administrator in these Rules and/or Instructions.
d. The Submission must not, in the sole discretion of Administrator, contain any inappropriate content including but not limited to, material which is (or promotes activities which are) abusive, harassing, threatening, an invasion of a right of privacy of another person, bigoted, hateful, racially offensive, discriminatory (based on race, sex, religion, national origin, physical disability, sexual orientation or age), violent (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), vulgar, obscene, pornographic or otherwise sexually explicit, harmful or can reasonably be expected to harm any person or entity, profane, offensive or otherwise objectionable as determined by Administrator and/or Sponsor in their sole discretion; must not contain material which is (or promote activities which are) illegal or encourage or advocate illegal activity or the discussion of illegal activities with the intent to commit them (including Submissions that are, or represent an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, underage drinking, drug dealing and/or drug abuse, harassment, computer hacking, theft, or conspiracy to commit any criminal activity) or otherwise unlawful. The Submission must not violate these Rules.
e. The Submission must not disparage the Entities.
f. You represent and warrant that: (i) you are the sole and exclusive creator and owner of the Submission, and all rights thereto (excluding any Sponsor logos or trademarks); (ii) you have the full and exclusive right, power and authority to submit the Submission to Administrator upon the terms and conditions set forth herein; (iii) no part of the Submission has been previously published; (iv) no rights in the Submission have previously been granted to any person, firm, corporation or other entity or otherwise exercised or exploited; (v) neither you nor any individual depicted in your Submission is subject to any type of production agreement, union or guild agreement, or any similar agreement which would interfere with your ability to enter into this Contest or grant all of the rights to be granted hereunder; (vi) the full use of the Submission or any part thereof will not in any way violate or infringe upon any copyright (statutory or otherwise),constitute a libel or defamation of or an invasion of the rights of privacy or publicity of, or otherwise violate or infringe upon any other personal, property or other rights of any person, firm, corporation or other entity or subject Administrator to any costs or liability of any kind or nature whatsoever, and (vii), you will comply with any terms of use of the Contest Website.
g. There is a limit of one (1) Submission per Contestant. Each Submission must be unique and any duplicate or materially similar Submissions (to be determined in Administrator’s sole discretion) may be disqualified. If you attempt or are suspected of attempting (in the sole discretion of Administrator or Sponsor) to circumvent this limitation by any means, including but not limited to establishing multiple Social Media Site accounts, you may be disqualified from the Contest. In the event that the same Submission is received from more than one (1) Contestant, the Submission will be deemed to be submitted by the first Contestant who the Submission was received from. In the event that more than one (1) Submission is received from a Contestant, only the first Submission received will be accepted.
h. You are responsible for, and must have obtained, prior, written approval from any identifiable person (or such person’s Parent if such person is a minor) that appears in, is mentioned in, or otherwise contributed to the Submission (each a “Third-Party Participant”) for you to include such person in the Submission. By entering, you represent and warrant that you have obtained such permission and all other necessary authorizations from any Third-Party Participant (or such Third-Party Participant’s Parent if Third-Party Participant is a minor) allowing use of such person’s name, likeness or contribution in the Submission, and you and each Third-Party Participant (or such Third-Party Participant’s Parent if Third-Party Participant is a minor) agree to and do hereby assign all rights for usage to Administrator. You may be required, at any time, to provide Administrator with evidence of all such written permission(s) and authorizations immediately upon request, or you may be disqualified and rendered ineligible to receive a prize in this Contest.
9. WINNER SELECTION PROCESS: Using the Criteria, the Judges will score all eligible Submissions for the Contest. The Winners may be required to execute and return an affidavit/release of liability/publicity release (“Affidavit”) prior to any of their Submissions being posted by Administrator, Sponsor, or any other third-party. Only one (1) of these Submissions will be selected as the Super Prize Winner detailed below in Section 11. The chance of any individual Submission being selected as the Super Prize Winner is based upon the quality of the Submission as determined by the Judges using the Criteria. There is no calculation of “odds” which can capture the chance of any individual Submission winning any such prize.
10. ADMINISTRATOR’S RIGHT TO DISQUALIFY: Administrator reserves the right in its sole discretion to disqualify and remove any Submission at any time for any reason, including but not limited to, Administrator’s belief that the Submission potentially or actually infringes upon the copyright, or other rights of any third party, or if the Submission does not comply with these Rules. In the event the potential Super Prize Winner is not available to receive the Super Prize on the Super Prize Fulfillment Dates, Administrator may, at its sole discretion, cause said potential Super Prize Winner to be disqualified from the Contest altogether and forfeit the Super Prize. In such an event, the Contestant with the next highest Submission Rating shall be the potential Super Prize Winner and shall be contacted for verification and fulfillment purposes, with this process continuing until a Super Prize Winner is chosen.
11. PRIZE/APPROXIMATE RETAIL VALUE (“ARV”):
a. SUPER PRIZE WINNER: The one (1) Super Prize Winner will win: [i] two (2) event tickets to attend the Music & Miracles Superfest in Auburn, Alabama on April 23, 2016 (the “Event”); [ii] two (2) meet & greet passes to meet performing artist Kenny Chesney and potentially other participating performers at the Event; and, [iii] two (2) Music & Miracles Superfest T-shirts (collectively, the “Super Prize”). Super Prize Winner will be responsible for all costs of travel, lodging, food, or any other costs associated with attending the Event, and neither Sponsor nor Administrator shall be obligated to pay such costs or provide Super Prize Winner with anything in addition to the Super Prize. Limit one (1) Super Prize per Super Prize Winner. The ARV of Super Prize shall be approximately $310.00.
12. WINNER NOTIFICATION PROCESS/ANNOUNCEMENT: WINNERS: The potential Winner may be notified by Administrator via direct message to or “post” on their Social Media Site account(s), email or mail to his/her Address on or about April 7, 2016. At the sole discretion of the Administrator, disqualification and the selection of an alternate Winner may result from any of the following, without limitation: [a] a potential Winner’s failure to respond to notification within seventy-two (72) hours after its transmission; [b] the return of a message or email notification as undeliverable after three (3) attempts; [c] a potential Winner’s failure to provide Administrator with satisfactory proof of eligibility and releases; [d] a potential Winner’s failure to execute and return by overnight delivery service all Administrator-requested documents (if any) within five (5) business days after transmission; [e] any other non-compliance with these Rules. In the event of a disqualification or Super Prize forfeiture, Administrator may, in its sole discretion, select or not select an alternate potential Winner and award or not award the forfeited Super Prize. Winner will be responsible for all federal, state and local taxes associated with the claiming of the Super Prize, including without limitation, providing any and all tax documents (such as an IRS Form W-9) and will receive an IRS Form 1099 reflecting the final actual value of his/her Super Prize.
The Super Prize Winner may be promoted through radio, television, and internet mediums and may also be announced on the Administrator Website, Contest Website, Sponsor Website, and/or on Administrator’s and Sponsor’s various social media outlets. Additionally, the Super Prize Winner may be promoted through video or press releases as well as comparable forms of publication.
The Super Prize Winner will be officially announced on or about April 13, 2016.
13. PRIVACY POLICY/DATA COLLECTION: All personal information provided by you for this Contest is subject to Administrator’s privacy policy located at http://www.chickensaladchick.com/privacy-policy (“Privacy Policy”).
14. GENERAL RULES:
a. Disputes Over Winner’s Identity: In the event of a dispute as to the identity of the Winner based on the Address, the winning Submission will be declared made by the Authorized Account Holder of the Address. For purposes of these Rules, “Authorized Account Holder” is defined as the natural person who is assigned to an Address by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning Addresses for the domain associated with the submitted Address.
b. Site Marks: By participating in the Contest, you acknowledge and agree that the Administrator Website, Contest Website, and Sponsor Website contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Administrator in writing, you agree not to use, reproduce, exploit, modify, rent, lease, loan, sell, distribute or create derivative works from content on the aforementioned websites, including the interfaces, in whole or in part, or any other logos and product and service names that are trademarks of the respective owners (the “Website Marks”). Unless you have written permission, you hereby agree not to display or use in any manner the Website Marks. Notwithstanding the foregoing, Contestants have permission to use Sponsor’s logo or trademark solely with their Submission.
c. Rights:
[i] Name and Likeness Rights: By participating in the Contest and accepting the Super Prize you grant to Administrator, its affiliates and licensees, and their advertising and promotion agencies, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide right to use your name, likeness, voice and biographical information, and the Submission and any other material submitted in connection with the Contest. All rights granted to Administrator in this paragraph shall be in all media formats (i.e. audio, video, photograph, etc.) and channels now known or hereafter devised (including, but not limited to, on the Website, on third party websites, on Administrator’s broadband and wireless platforms, products and services, on physical media, and in theatrical release) for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity.
[ii] Not Responsible for Errors or Submissions not received: Administrator is not responsible for any typographical or other errors in the printing of the offer, administration of the Contest or the announcement or distribution of the Super Prize, or for lost, late, misdirected, damaged, incomplete or illegal Submissions.
d. No Confidential or Fiduciary Relationship: You understand and agree that creative ideas, suggestions or other materials you submit are not made in confidence or trust and that no confidential or fiduciary relationship is established by your submitting the Submission hereunder, that you have no expectation of review, compensation or consideration of any type and nothing in these Rules or as a result of your submitting the Submission shall be deemed to place Administrator in any different position from anyone else to whom you have not submitted the Submission.
e. Comments: You agree that Administrator, its affiliates, and its affiliates and licensees, advertising and promotion agencies, and their third-party vendors engaged to implement this Contest, are authorized to display the Submissions and any comments for promotional or any other purpose.
15. RELEASE, WARRANTY, LIMITATION OF LIABILITY AND INDEMNIFICATION/CONDITIONS: You expressly understand and agree that: [a] You hereby release and hold harmless the Entities and their respective agents, employees, officers, directors, shareholders, representatives and independent contractors (the “Released Parties”) from any and all liability for claims, demands, losses and liabilities, including, without limitation, for death and bodily injury, resulting, in whole or in part, directly or indirectly, from your participation in the Contest and/or the use or acceptance of the Super Prize, if won; [b] YOUR USE OF THE ADMINISTRATOR OR CONTEST WEBSITES AND PARTICIPATION IN THE CONTEST ARE AT YOUR SOLE RISK. THIS CONTEST IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT; [c] You agree to indemnify and hold harmless the Released Parties from and against any and all claims, liabilities (including, but not limited to, attorneys’ and experts’ fees, costs and disbursements), demands and actions of every kind and nature, whether or not now known or suspected (collectively, “Claims”), arising out of or in connection with (i) your participation in the Contest; (ii) any Submission submitted by you (including, but not limited to, any and all claims of third parties, whether or not groundless, based on the Submission of such material); (iii) any posting by you on Administrator’s, Sponsor’s, or the Contest Website; (iv) the use by Released Parties of any of the rights granted by you in connection with the Contest; and (v) any breach by you of any warranty, agreement or representation contained in these Rules or in any documentation submitted by you; [d] all Claims shall be resolved individually, without resort to any form of class action; [e] all Claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event include attorneys’ fees, and under no circumstances will any Contestant be permitted to obtain awards for, and hereby waives all rights to claim, punitive, incidental, special, consequential damages and any other damages, other than for actual out-of-pocket expenses and waives all rights to have damages multiplied or otherwise increased; [f] the Winner’s acceptance of the Super Prize constitutes the grant of an unconditional right to the Entities and any assigns to photograph, film, or otherwise capture the fulfillment of the Super Prize (“Fulfillment Filming”), and the Entities shall have the unconditional right to reproduce, distribute, display, exhibit, transmit, broadcast, stream, synchronize with visual material, modify, amend, create derivative works from, and otherwise use and permit others to use the Fulfillment Filming throughout the universe in any and all media now known or hereafter devised, in all languages and in all versions, in perpetuity, without compensation, for any commercial or promotional or other purpose, except where prohibited by law; [g] the Entities’ use of the Fulfillment Filming as described herein will not give rise to any claims of infringement, invasion of privacy, defamation or claims for performance or payment of any kind, including but not limited to payment of re-use fees, residuals or license fees; [h] the Entities shall have the right to make such changes to the Fulfillment Filming and make such uses thereof as it deems necessary or desirable, including but not limited to the right to use, edit, and reproduce and/or alter said Fulfillment Filming in perpetuity, in its entirety or in part, for any commercial or promotional purposes worldwide without any consultation or additional permission, or compensation, credit or attribution; [i] Each Contestant understands and agrees that, if selected as the Super Prize Winner, he/she may be required to consent to a background check (“Check”) and, failure to sign such consents and authorizations and/or to furnish all required information will result in disqualification; [j] Administrator may take all steps necessary to corroborate any information provided to Administrator by any Contestant, and he/she will be obligated to provide necessary contacts and information for the Check, and [k] Administrator reserves the right in its sole discretion, to disqualify any Submission and/or disqualify the Super Prize Winner if the results of such Check reveal that the potential Super Prize Winner is not eligible to participate in the Contest, as determined by Administrator and to pay the Super Prize Winner a cash substitute for the Super Prize or those portions that are removed, but no cash substitute will be paid to any Submission participants.
16. INTERNET:
a. The Entities are not responsible for any electronic transmission errors resulting in any omission, interruption, deletion, defect, delay in operations or transmissions, theft or destruction or unauthorized access to or alterations of any Submissions submitted, or for any technical, network, telephone equipment, electronic, computer, hardware or software malfunction or limitations of any kind, or any inaccurate transmissions of, or failure to receive, Entry information on account of technical problems or traffic congestion on the Internet. If for any reason the Internet portion of the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, an insufficient number of Submissions, or any other causes beyond the Entities’ control which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, the Entities’ reserve the right in their sole and unfettered discretion to cancel, terminate, modify, extend and/or suspend the Contest and/or to award the Super Prize based on alternate means including, without limitation, based on Submissions received prior to termination. The Entities are also not responsible for any changes to any Website or Application function, or Social Media Site that may interfere with the Contest or ability to upload Submissions timely.
b. ADMINISTRATOR RESERVES THE RIGHT IN ITS SOLE DISCRETION TO DISQUALIFY YOU IF YOU TAMPER OR ARE SUSPECTED OF TAMPERING WITH THE SUBMISSION PROCESS. ANY ATTEMPT BY YOU TO DELIBERATELY DAMAGE ANY WEBSITE OWNED OR OPERATED BY THE ENTITIES, INCLUDING, BUT NOT LIMITED TO, THE CONTEST WEBSITE, OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, ADMINISTRATOR RESERVES THE RIGHT TO SEEK DAMAGES AND/OR OTHER RELIEF FROM YOU TO THE FULLEST EXTENT OF THE LAW. IF ADMINISTRATOR IN ITS SOLE DISCRETION BELIEVES THAT ANY SUCH CONDUCT HAS OCCURRED, THEN ADMINISTRATOR MAY TAKE SUCH REMEDIAL MEASURES AS ADMINISTRATOR DEEMS APPROPRIATE IN KEEPING WITH THE FAIRNESS AND INTEGRITY OF THE CONTEST.
17. GOVERNING LAW: All issues and questions of your rights and obligations in connection with this Contest shall be governed by, and construed in accordance with, the laws of the State of Tennessee, U.S.A., without giving effect to the conflict of laws rules thereof and any matters or proceedings which are not subject to arbitration as set forth in these Rules and/or for entering any judgment on an arbitration award, shall take place in the State of Tennessee, in the city of Nashville, county of Davidson. Any legal controversy or legal claim arising out of or relating to these Rules or this Contest, shall be settled by binding arbitration.
18. WINNER’S LIST: For the name of the Super Prize Winner and/or Rules [before December 31, 2016], send a separate, stamped, self-addressed envelope to: Music & Miracles’ Capture a Coke c/o The Chicken Salad Chick Foundations, Inc., 724 N. Dean Road, Suite 100, Auburn, AL 36830 designating either Winners list or Rules, or both.