Official Rules
1. Eligibility:
The Fantana Wanted Contest (the "Promotion") is open only to legal residents of the 50 United States (including D.C.) who are aged 18 or older at the time of entry and who, upon request, are able to demonstrate to Sponsor and/or Administrator that they do not have any of the following: (a) a contract for talent representation; (b) a music recording contract; (c) a dancing, acting or modeling contract; (d) a merchandising agreement; or (e) any contractual agreement that in the sole discretion of Sponsor may prohibit or prevent potential entrant from entering into a talent agreement with Sponsor. Employees of The Coca-Cola Company, Coca-Cola Bottlers, ePrize, LLC, and their respective parents, subsidiaries, affiliates, and agents, 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. The Promotion consists of a contest (the "Contest") and an offer (the "Offer"). The Promotion is subject to all applicable federal, state and local laws and regulations and is void where prohibited by law.
2. Sponsor:
The Promotion 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.
3. Agreement to Official Rules:
By participating in the Promotion, entrant fully and unconditionally agrees to and accepts these Official Rules and the decisions of the Sponsor and/or Administrator, which are final and binding in all matters related to the Promotion including the selection of Semi-Finalists, Finalists and Winners. Whether an entrant advances to the next phase or wins a prize is contingent upon fulfilling all requirements set forth herein.
4. Timing:
The Promotion begins on Wednesday, June 3, 2009 at 12:00 a.m. Eastern Time ("ET") and ends on Wednesday, September 9, 2009 at 11:59 p.m. ET (the "Promotion Period"). The Promotion Period consists of a submission phase (the "Submission Phase"), a consumer rating phase (the "Consumer Rating Phase"), a semi-finalist judging phase (the "Semi-Finalist Judging Phase"), a finalist judging phase (the "Finalist Judging Phase") and a casting call judging phase (the "Casting Call Judging Phase") as set forth in the chart below. Sponsor's computer is the official time-keeping device for this Promotion.
| Phase | Starts at 12:00 a.m. ET | Ends at 11:59 p.m. ET |
|---|---|---|
| Submission Phase | June 3, 2009 | June 30, 2009 |
| Consumer Rating Phase | July 15, 2009 | August 4, 2009 |
| Semi-Finalist Judging Phase | July 15, 2009 | August 4, 2009 |
| Finalist Judging Phase | August 10, 2009 | August 19, 2009 |
| Casting Call Judging Phase | August 20, 2009 | September 9, 2009 |
5. How to Enter:
During the Submission Phase, visit http://www.fanta.com (the "Website") and follow the links and instructions to complete the Contest registration, including a valid email address you check on a regular basis and home mailing address. P.O. Boxes not permitted. When prompted, upload the following: 1 photo of yourself (the "Photo"); 1 essay describing why you want to be a Fantana (the "Essay"); and 1 video of you performing a dance, singing a song and expressing why you would make a great Fantana (video must include your favorite flavor of Fanta) (the "Video"). You will receive 1 eligible entry into the Contest, if your entry is in compliance with the Submission Guidelines and Content Restrictions (collectively, the "Guidelines and Restrictions" described below) as determined by Sponsor in its sole discretion (each eligible entry a "Submission"). You will receive 1 $20 gift card for your qualified Submission. By uploading your Photo, Essay and Video, you represent and warrant that your entry conforms to Guidelines and Restrictions as defined below. Entries found not to conform to the Guidelines and Restrictions, as deemed by Sponsor in its sole discretion, may be removed from the Contest and will not be eligible to win a Contest Prize or receive a $20 gift card. A person submitting a non-conforming entry may be notified of any deficiency(ies) in the entry and may be offered the opportunity to correct the stated deficiency(ies) and re-upload the entry, up to 2 additional opportunities, after which the person may be prevented from further re-submitting the non-conforming entry.
Submission Guidelines:
- The Photo must be in .jpeg or non-animated .gif format;
- The Photo must not exceed 4 MB in size;
- The Video must be in .avi, .mov, .mp4 or .wmv format;
- The Video must not exceed 20 MB in size;
- The Video must be no more than 1 minute in length;
- The Essay must be no more than 250 characters in length;
- Nearly all components of the Submission must be in English; and
- The Submission, or any portion thereof, cannot have been submitted previously in a promotion of any kind or exhibited or displayed publicly through any means.
Content Restrictions:
- The Submission must not contain material that violates or infringes another's rights, including but not limited to privacy, publicity or intellectual property rights;
- The Submission must not contain any individual(s) other than entrant;
- No other party, other than the entrant, has any right or title in and to the Submission or any portion thereof;
- Entrant has all rights necessary to submit the Submission in the Contest in accordance with these Official Rules;
- The Submission, as determined in Sponsor's sole discretion, must not violate any non-compete agreement, contract or other legal document entrant has entered with an employer (whether current or former), vendor, client or other third party;
- The Submission must not contain brand names or trademarks, except for the Fanta trademark and any associated Fanta elements available on the Website for which entrant has a limited license to use for the sole purposes of creating and uploading a Submission into this Contest;
- The Video, Photo and Essay must not contain images, artwork or any other materials not created by entrant;
- The Submission must not contain material that, in the sole discretion of Sponsor, is inappropriate, indecent, obscene hateful, tortious, defamatory, slanderous or libelous;
- The Submission must not contain material that, in the sole discretion of Sponsor, promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and
- The Submission must not contain material, footage, elements or components that are unlawful, in violation of or contrary to the laws or regulations in any state where it, or any part thereof, is created.
For all Submissions: Limit:
Each entrant may upload 1 eligible Submission during the Submission Phase. Any attempt by any entrant to obtain more than 1 eligible Submission by using multiple/different email addresses, identities, registrations and logins, or any other methods will void all of that entrant's entries and that entrant may be disqualified from this Promotion and any of the Sponsor's other promotions. Uploading an entry constitutes entrant's consent to give Sponsor a royalty-free, transferable, assignable, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such entries and Submissions 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 for any purpose whatsoever, including for promotional or marketing purposes. If necessary, entrant will sign any necessary documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the entries and Submissions or any portion thereof. Sponsor is not responsible for lost, late, incomplete, invalid, un-intelligible or misdirected entries, which are disqualified.
6. Semi-Finalist Selection:
(a) Consumer Rating Phase:
During the Consumer Rating Phase, legal residents of the 50 United States (including D.C.) age 13 and older will be invited to register at http://www.fanta.com and rate each entrant's Video using a 5 star system (for example, you may rate each individual Video on a scale of a half star up to 5 stars, 5 stars being the best) using the following criteria:
- Entertainment value of the Video and ability of person featured in the Video to connect with the audience.
During and at the end of the Consumer Rating Phase, each entrant's collective half star and star ratings will be averaged and each entrant will receive a total of 10 points for each star in the resulting average and 5 points for a half star in the resulting average; up to a maximum of 50 points.
NOTE:
Individuals meeting the criteria set forth above may rate an entrant's Video only 1 time per day during the Consumer Rating Phase. Multiple raters are not permitted to share the same email address. Any attempt by any rater to submit more than the stated number of ratings by using multiple/different email addresses, identities or any other method will void that person's Submission(s) (if any) and ratings and he/she will be disqualified from further participation in the Promotion. Use of script, macro or any other automated system to rate is prohibited and all such ratings will be void. Released Parties (as defined in Section 15 below) are not responsible for lost, late, unrecorded or misdirected ratings, which will be void.
(b) Semi-Finalist Judging Phase:
During the Semi-Finalist Judging Phase, a panel of qualified judges, selected by Sponsor in its sole discretion, will review and judge each entrant's Video and Essay based on the following criteria:
For the Video:
- Credibility and enthusiasm: Up to a maximum of 75 points;
- Voice skill: Up to a maximum of 30 points;
- Dance skill: Up to a maximum of 20 points; and
- Quality of overall presentation: Up to a maximum of 5 points.
For the Essay:
- Creative ability to describe why you want to be a Fantana: Up to a maximum of 15 points; and
- Grammar and mechanics: Up to a maximum of 5 points.
NOTE:
The 10 entrants (i) whose Videos receive the highest scores by adding the resulting averages of points received at the end of the Consumer Rating Phase with the Video and Essay points received in the Semi-Finalist Judging Phase and (ii) who are confirmed through the process set forth in Section 10, below, will be the potential 10 Semi-Finalists and their Video and photograph will be posted in an online gallery at http://www.fanta.com . In the event of a tie between 2 or more entrants for a potential Semi-Finalist position, the Submission with the highest "credibility and enthusiasm" score will be selected as a potential Semi-Finalist. In the event of a further tie, the entrant with the highest "quality of overall presentation" score will be selected as a potential Semi-Finalist.
7. Finalist Selection:
During the Finalist Judging Phase, a panel of qualified judges, selected by Sponsor in its sole discretion, will select 3 Finalists from the 10 Semi-Finalists based on the following scoring criteria:
- Entrant's creative ability to effectively represent the Fanta brand in both Video and Essay: Up to a maximum of 50 points.
At the conclusion of the Finalist Judging Phase, the 3 Finalists with the highest scores must be confirmed through the process set forth in Section 10 below.
8. Winner Selection:
During the Casting Call Judging Phase, Sponsor will arrange for the 3 Finalists to travel to a Sponsor-specified location on or around August 25, 2009 to conduct an interview with a panel of qualified judges. If a Finalist cannot arrive on the dates required, the Finalist forfeits the opportunity (unless determined otherwise by Sponsor). The panel of qualified judges will select the potential Grand, Second and Third Prize Winners based on the following criteria:
- Ability to speak clearly and concisely: Up to a maximum of 50 points;
- Ability to effectively answer interview questions: Up to a maximum of 50 points; and
- Ability to effectively represent the Fanta brand: Up to a maximum of 50 points.
NOTE:
The Finalist who receives the highest score via an application of the above criteria will be the potential Grand Prize Winner; the Finalist who receives the second highest score the potential Second Prize Winner; and the Finalist who receives the third highest score the potential Third Prize Winner. In the event of a tie between 2 or more Finalists for any prize, the Finalist with the highest score in the "ability to speak clearly and concisely" category will be the Winner of the applicable prize. In the event of a further tie, the Finalist with the highest score in the "ability to effectively represent the Fanta brand" category will be the potential Winner of the applicable prize.
9. Consumer Comments:
If an entrant's Video and Photograph, or any portion thereof, is selected for posting on the Website, he/she understands and agrees that visitors to the Website may comment freely on entrant's Video and Photograph. The Sponsor shall not have any liability to entrant in connection with any such comments (which entrant understands may not be favorable). Entrant understands and agrees that he/she shall not have any rights or claims arising from or concerning such comments or Sponsor's posting of the Video and Photograph on the Website for rating or other purposes. Furthermore, entrant understands that his/her appearance, actions, depiction and/or portrayal in his/her Video and Photograph may viewed as or interpreted as embarrassing or of an otherwise unfavorable nature and may expose entrant to public ridicule, humiliation or condemnation. Entrant acknowledges and agrees that the Sponsor shall have the right to include any such information and any such appearance, depiction, portrayal, actions and statements in entrant's Video and Photograph in the Promotion as used and/or modified by the Sponsor.
10. Semi-Finalist, Finalist and Winner Requirements:
For Semi-Finalists:
Each potential Semi-Finalist will be notified by email, phone or registered mail on or about August 7, 2009. Each potential Semi-Finalist (parent/legal guardian if winner is a minor in his/her jurisdiction of residence) will be required to sign and return to Administrator, within 2 days of the date notice or attempted notice is sent, an Affidavit of Eligibility, Liability and Publicity Release ("Affidavit") (except where the Publicity Release is prohibited) and fulfill any such other requirements as determined by Administrator. If a potential Semi-Finalist fails to do so, he/she will be disqualified and will not advance to the Finalist Judging Phase. In Sponsor's discretion, each potential Semi-Finalist will also be subject to a background check to confirm his/her appropriateness (as solely determined by Sponsor) to represent Sponsor's brand and product. Sponsor reserves the right, in its sole discretion, to disqualify a potential Semi-Finalist based on the results of this background check. In the event that a potential Semi-Finalist is disqualified for these and/or any other reason, if time permits, Administrator may select in his/her place an alternate potential Semi-Finalist per the highest scoring points calculation set forth in Section 6, up to 3 alternates. If the alternate potential Semi-Finalists are disqualified, then the applicable Semi-Finalist opportunity will remain un-filled. Potential Semi-Finalists qualified and confirmed via the process set forth above will advance to the Finalist Judging Phase, where the Finalists will be selected according to the process set forth in Section 7 above.
For Finalists:
Each potential Finalist will be notified by email, phone or registered mail on or about August 20, 2009. Each potential Finalist must fulfill any travel or other requirements as determined by Sponsor or Administrator in its sole discretion. If a potential Finalist fails to do so, he/she will be disqualified and will not advance to the Casting Call Judging Phase. In the event that a potential Finalist is disqualified for any reason, if time permits, Administrator may select in his/her place an alternate potential Finalist from the remaining Semi-Finalists, per the highest scoring points calculation set forth in Section 7. If the alternate potential Finalists are disqualified, then the applicable Finalist opportunity will remain un-filled. Potential Finalists qualified and confirmed via the process set forth above will advance to the Casting Call Judging Phase, where the potential Winners will be selected according to the process set forth in Section 8 above.
For Potential Winners:
The Finalists who are selected as the potential Winners during the Casting Call Judging Phase will be notified of their selection by email, phone or registered mail on or around August 27, 2009, and may be required to complete any additional paperwork as required by either Sponsor or Administrator, within 2 days of the date notice or attempted notice is sent in order to receive his/her prize. In the event that a potential Winner fails to return the additional paperwork (if any) within the required timeframe, he/she will be disqualified. In the event that a potential Winner is disqualified for this or any other reason, an alternate will be selected according to the criteria set forth in Section 7 above, if time permits, up to 3 alternates, after which the applicable prize will remain un-awarded.
11. Prizes:
(a) For Finalists:
3 FINALIST PRIZES: Travel to a Sponsor selected location to conduct the interview required in the Casting Call Judging Phase consisting of roundtrip, coach-class air transportation for Finalist from a major airport near Finalist's home (determined by Sponsor in its sole discretion); 1 night accommodation at Sponsor's choice of hotel (single room, double occupancy); roundtrip transportation between airport and hotel; and a $200 travel stipend. Travel must commence on or about August 25 and end on or about August 26, 2009. Travel must be roundtrip. Sponsor will determine airline and flight itinerary in its sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel is subject to the terms and conditions set forth in these Official Rules, and those set forth by the Sponsor's airline carrier of choice as detailed in the passenger ticket contract. If a Finalist lives within 250 miles of the location of the Casting Call Judging Phase interview, then Finalist will receive $200 in substitution for roundtrip air travel at Sponsor's sole discretion. The Sponsor is not responsible if the interview is delayed, postponed or cancelled. All expenses, travel, and other costs not expressly stated in the package description above are the sole responsibility of Finalist. Restrictions, conditions and limitations may apply. Lost, mutilated, or stolen tickets, vouchers or certificates will not be replaced. Approximate Retail Value ("ARV"): $1,500. The ARV of travel may vary based on airfare fluctuations and distance between departure and destination. Finalist will not receive difference between actual and approximate retail value.
(b) For Winners:
1 GRAND PRIZE: The opportunity to sign a talent agreement to be a "Fantana" and $5,000. Sponsor may revoke the Fantana opportunity prior to the signature of any talent agreement and may subsequently award the Fantana opportunity to an alternate Winner at any time and for any reason including, but not limited to, inappropriate behavior by the potential Fantana, failure of the potential Fantana to appropriately represent Sponsor's brand or embody brand ideals or injury, illness and/or death. ARV of the Grand Prize: $5,000. 1 SECOND PRIZE: $2,500. 1 THIRD PRIZE: $1,000.
For All Prizes:
Each prize is non-transferable and no substitution will be made unless Sponsor, in its sole discretion, determines otherwise. No cash equivalent. Sponsor reserves the right to substitute a prize or prize component for one of equal or greater value should it become unavailable for any reason. Each Finalist and Winner is responsible for all taxes and fees associated with prize receipt and/or use.
12. Offer:
If you submit an eligible Submission per the process set forth in Section 5, above, you will receive a $20 gift card. Redemption and use of the Cash Card is subject to all terms and conditions of the cash card. ARV: $20. Limit: 1 cash card per person. Unclaimed offers will remain un-awarded.
13. Publicity:
Except where prohibited, participation in the Promotion constitutes entrant's consent for the Sponsor and the Sponsor's designees to use entrant's name, likeness and state of residence for promotional purposes in any media without further consideration. Acceptance of any prize shall constitute and signify a Winner's agreement and consent that Sponsor may use the applicable Winner's name, city, state, likeness, Submission and/or prize information in connection with the Promotion, worldwide, including the Internet, without limitation and without further payment or consideration, except where prohibited by law. Without limiting the generality of these Official Rules, each Winner shall irrevocably grant, transfer, convey and assign to Sponsor the entirety of the rights in and to the Submission and all renewals and extensions of copyright, and the right to secure copyright registrations thereto in perpetuity including, without limitation, the rights to use a Submission or any portion thereof for any and all purposes in any and all media whether now known or hereafter developed, on a worldwide basis, in perpetuity. Each Winner accepts and acknowledges that Sponsor shall not be obligated to use the Submission and that Sponsor in its sole discretion shall have the right to refrain from using the Submission or any portion thereof. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder. Each Winner will indemnify Sponsor, Released Parties (as defined in Section 15, 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.
14.General Conditions:
If for any reason, the Promotion is not capable of running as planned by reason of infection by virus, bugs, worms, tampering, unauthorized intervention, fraud, technical failures, acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity, Internet or telephone lines 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 Promotion, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Promotion, and may select the Semi-Finalists, Finalists and/or Winners, from the Submissions received prior to the action taken in a manner as deemed fair and appropriate by Sponsor and that is consistent with the intent of these Official Rules. 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 Promotion or to be acting in violation of these Official Rules or any other Promotion, or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of this Promotion 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. In the event of a dispute as to any entry or Submission, the authorized account holder of the email address used to register and submit an entry or Submission 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. Entrant may be required to show proof of being the authorized account holder.
15. Release and Limitations of Liability:
Except where prohibited, by participating in the Promotion, entrant agrees to release and hold harmless The Coca-Cola Company, Coca-Cola Bottlers, ePrize, LLC, and their respective related companies, parents, subsidiaries, affiliates, and their respective agents and agencies, and their respective officers, directors, employees and agents (the "Released Parties") from and against any claim or cause of action arising out of participation in the Promotion, including, but not limited to: (a) unauthorized human intervention in the Promotion; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors; (d) downtime for scheduled maintenance; (e) errors in the administration of the Promotion or the processing of entries or Submissions; (f) late, lost, or undeliverable mail; (g) defamation which may be caused, directly or indirectly, in whole or in part, from disparagement of the Submission; or (h) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Promotion. Entrant further agrees that in any cause of action, the Released Parties' liability will be limited to the cost of entering and participating in the Promotion and in no event shall the Released Parties be liable for attorney's fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
16. Disputes:
Entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Promotion 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 Promotion, but in no event attorneys' fees; and (c) 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.
17. Promotion Results:
Winner List requests will only be accepted after September 10, 2009 and before September 19, 2010. For a copy of the Winner List, send a self-addressed, stamped envelope to: "Fantana Wanted Contest, Winner List Request" c/o ePrize, LLC, P.O. Box 8070, Royal Oak, MI 48068 or send an email with subject line: "Fantana Wanted Contest, Winner List Request," to WinListRequests@eprizefulfillment.com.