Coca-Cola® Presents
Carowinds Summer Music Fest Guitar Case Hunt
TERMS & CONDITIONS
NO PURCHASE NECESSARY TO PARTICIPATE OR WIN.
A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
THE PROMOTION IS OPEN ONLY TO LEGAL RESIDENTS OF THE FIFTY UNITED STATES OR THE DISTRICT OF COLUMBIA WHO ARE EIGHTEEN (18) YEARS OF AGE OR OLDER AT TIME OF ENTRY.
VOID OUTSIDE THE GEOGRAPHIC ELIGIBILITY LISTED ABOVE AND WHERE PROHIBITED BY LAW.
PRIZE DOES NOT INCLUDE TRANSPORTATION, LODGING OR MEALS. TRAVEL TO/AND FROM THE PRIZE DESTINATION WILL BE AT THE SOLE RESPONSIBILITY AND COST OF THE WINNER.
INSTAGRAM ACCOUNT IS REQUIRED FOR PARTICIPATION.
1) PROMOTION PERIOD: The Carowinds Summer Music Fest Guitar Case Hunt (the “Challenge” or “Promotion”) will be offered in 2024 on June 21, June 22, June 28, June 29, July 5, and July 6 (the “Promotion Period”). Sponsor reserves the right to modify or cancel Challenge dates at its sole discretion.
2) ELIGIBILITY: The Challenge is open only to legal residents of the fifty (50) United States or the District of Columbia who at time of participation are 18 years of age or older and have an Instagram account and follow the instructions herein to participate. Employees and non-employee workers of The Coca-Cola Company (the “Sponsor”), Coca-Cola Bottlers, Cedar Fair Entertainment Company, iHeartMedia, Inc., Momentum Worldwide, Marden-Kane, Inc. (the “Administrator”), and each of their respective parent companies, affiliates, subsidiaries, advertising, promotion, and internet agencies, suppliers and any other companies engaged in the development, administration, production, fulfillment or distribution of materials for this Challenge (collectively the “Released Entities”) and the immediate families (spouse and parents, children and siblings, and their respective spouses regardless of where they live) and individuals living in the same households, whether related or not, of the above, are not eligible to enter or win a prize. Each entrant (the “Entrant” or “Participant”) by participating in the Challenge agrees to be bound by these Terms & Conditions and by Sponsor’s and/or Administrator’s decisions, which are final and binding in all matters related to this Challenge. Void outside the geographic eligibility listed above and where prohibited or restricted by law. This Challenge is subject to all applicable federal, state, and local laws and regulations.
3) HOW TO PARTICIPATE IN THE CHALLENGE: Each morning on June 21, June 22, June 28, June 29, July 5, and July 6 a Challenge clue to find a hidden red guitar case will be announced on the following five (5) iHeart Media radio stations: WEND-FM, WHQC-FM, WKKT-FM, WLKO-FM, and WRFX-FM (each a participating “iHeart Media radio station”). One prize is available to be won each day during the Promotion Period for each of the above iHeart Media radio stations. Listen to WEND-FM, WHQC-FM, WKKT-FM or WLKO-FM on 6/21, 6/28, and 7/5 between the hours of 6:00 AM ET and 10:00 AM ET, or WRFX-FM from 9:00 AM to 11:00 AM for that day’s Challenge clue. On 6/22, 6/29, and 7/6 listen to WEND-FM, WHQC-FM, WKKT-FM, WLKO-FM or WRFX-FM from 10:00 AM to 12:00 PM for that day’s Challenge clue. After the day’s clue has been announced on air, it may also be posted to the participating iHeart Media radio station’s social media account. Participants must solve the clue by finding the hidden red guitar case within the stated timeframe, after which they will be provided with an assigned task (the “Instagram Task”). The first person to solve the clue for each iHeart Media radio station AND complete the assigned Instagram Task will be deemed the potential winner of that day’s iHeart Media radio station’s prize, subject to verification of eligibility. The Instagram Task response must comply with Instagram’s Terms of Use and must be suitable for presentation in a public forum; noncompliance will result in disqualification, as determined by Sponsor in its sole discretion. Submissions removed, hidden or deleted from public viewing prior to date of winner verification will be disqualified. In the event the first person to complete the Instagram Task is disqualified for any reason, the next person who solves the clue and successfully completes the assigned task will be deemed the potential winner. All determinations of participation and eligibility are at the sole discretion of the Sponsor and Sponsor’s representatives and shall be final and binding.
Participant must be a registered user of www.Instagram.com (“Instagram”) and the Participant’s account must be set to public and viewable by Sponsor. If you do not have an account, go to Instagram or download the Instagram App (the “App”) at either Google Play or the App Store and follow the instructions to create an account. There is no fee or charge to become a registered user of either Instagram. By submitting your information and creating an account, you agree to the respective terms of use and privacy notice. If you do not agree to such terms of use and privacy notice, you cannot create a respective account, or participate in the Promotion.
Usage of Instagram may require a mobile device and therefore you may be charged for standard data rates according to the terms and conditions in your agreement with your wireless carrier. You agree to incur any and all charges assessed and demanded by your wireless carrier. You should also check your device's features for capabilities and check the device manual for specific use instructions.
The Participant must be the authorized account holder of the Instagram account, otherwise any Challenge-related response may be deemed void by the Sponsor, in its sole discretion. In the event of a dispute over the identity of a potential winner, Sponsor will consider the Participant’s response and then will determine and declare the authorized account holder OR owner of the Instagram account used for participation. Potential winner may be required to provide identification sufficient to show that he/she is the authorized account holder of such Instagram account. The “authorized account holder” is the natural person assigned to the applicable Instagram account. Proof of submission of a Challenge-related response does not constitute proof of delivery of response. Multiple accounts may not be used, and anyone found to use multiple accounts to enter will be deemed ineligible and any entries will be deemed void and disqualified by Sponsor.
By participating in the Challenge, Entrants agree to be bound by these Terms & Conditions. Except where prohibited by law, Entrants irrevocably grant to Sponsor, its affiliates, agents and licensees, the royalty-free right and permission to unconditionally reproduce, store, transmit, publish, display, use or reuse your name and prize information, as well as any other information or materials arising out of your participation in the Challenge for advertising, promotional, commercial, publicity and/or any other purposes (without limitation), in any and all media now or hereafter known, in any language, throughout the world, and in any manner without further review, notice, approval, consideration or compensation of Entrant. Unless prohibited by law, Entrants waive any rights of privacy, rights of publicity, intellectual property rights, and other rights that may preclude Sponsor from using or disclosing all or any part of your Entry in any manner and for any purpose. By participating, Entrants further release Sponsor from any future claims arising out of any use or disclosure of Entrants participation consistent with these Terms & Conditions. By participating, Entrants acknowledge and agree that Entrants will not now or in the future be paid or compensated in any way for participation or for granting the Sponsor any of the rights set out in these Terms & Conditions, whether chosen as a winner or not. Entrants further agree that Sponsor is not obligated to make use of any of the rights granted in these Terms & Conditions.
4) PRIZES AND APPROXIMATE RETAIL VALUE (“ARV”): Five (5) Prizes will be awarded each day of an announced Challenge (one prize per participating iHeart Media radio station). Each prize will be comprised of the following items: (i) one (1) cooler with cold Coca-Cola and/or Coke Zero Sugar beverages; (ii) two (2) hats; (iii) two (2) Carowinds park passes (2024 season only); (iv) two (2) Carowinds Fast Lane passes (2024 season only); (v) one (1) parking pass; and (vi) one (1) guitar case. ARV: $546 each. Total ARV of each daily Challenge Prizes: $2,730. Total ARV of all Challenge Prizes: $16,380. A total of thirty (30) prizes will be offered in the Challenge. At Sponsor’s sole discretion, any unclaimed prizes may be included in a subsequent Challenge. Prize consists of only the items specifically listed as part of the prize and excludes transportation, lodging, and meals. Limit one prize per person.
5) PRIZE RESTRICTIONS: No substitutions, cash equivalents, or transfer of prizes permitted except at the sole discretion of the Sponsor, who reserves the right, where legally permissible, to substitute a prize (or portion thereof) with one of comparable or greater value, except as otherwise provided herein. Prize may not be sold, bartered or exchanged by the winner. The Released Entities are not responsible for damage to a prize or loss of a prize after the prize has been delivered to a confirmed winner. Sponsor and Administrator make no warranties, and hereby disclaim any and all warranties, expressed or implied, concerning any prize furnished by third parties in connection with the Challenge. At Sponsors’ sole discretion, prize may vary from what has been advertised, pictured, etc. All prize details not specified in these Terms & Conditions will be determined solely by the Sponsor. Prizes are awarded “as is, where is,” without warranty of any kind, express or implied, including without limitation any warranty of merchantability or suitability for a particular purpose.
If the Prize, in part or in its entirety, cannot be utilized as planned for reasons including, but not limited to, scheduling conflicts, cancellations, postponements, delays, an event of force majeure (any acts of God, natural catastrophes, public enemies, war, acts of terrorism, civil commotion, riot, strikes or labor difficulties, lockout, judicial or government order, or other requirement of law, or national emergencies or any other cause beyond the Sponsors’ reasonable control), an unforeseeable health event (e.g., pandemic or epidemic), or for any other reason whatsoever, then the Sponsor will have no obligation to award compensation in lieu thereof.
6) POTENTIAL WINNER CLEARANCE: The potential winners may be required to complete, sign, and return the following documents (collectively, the “Documents”): [1] an Affidavit of Eligibility and Liability Release and where legal, a Publicity Release. If a potential winner refuses the prize, then such potential winner will be disqualified and forfeits all rights to be deemed a winner. Upon prize forfeiture, no compensation will be given.
7) OTHER PRIZE INFORMATION: All federal, state, and other tax liabilities arising from a prize are the sole responsibility of each prize winner. Sponsor and/or Administrator will not enter into any correspondence, including, email, with non-winning entrants. The Terms & Conditions prevail should there be any conflict or uncertainty relating to the promotion based on information or advice provided by any of the Released Entities.
8) CONDUCT: By participating in this Promotion and/or receiving a prize, Entrants and prize winner agrees to be bound by these Terms & Conditions and waive any rights to claim ambiguity in the Promotion or these Terms & Conditions. These Terms & Conditions are accessible at each participating radio station website throughout the Promotion Period. Failure to comply with these Terms & Conditions will result in disqualification. The Sponsor reserves the right, at its sole discretion, to disqualify any individual: (a) suspected of tampering with the Entry process or the operation of the Promotion; (b) to be acting in any manner deemed by the Sponsor to be in violation of the Terms & Conditions; (c) to be acting in any manner deemed by the Sponsor to constitute unsportsmanlike or disruptive behavior, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT BY A USER OR ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE 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.
9) LIMITATIONS OF LIABILITY: The Released Entities and Instagram assume no responsibility or liability for (a) any garbled or jumbled electronic data transmissions; (b) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, computers or providers utilized in any aspect of the operation of the Promotion; (c) inaccessibility or unavailability of the Internet or any combination thereof; or (d) any injury or damage to the participant’s or to any other person's computer which may be related to or resulting from any attempt to participate in the Promotion or download any materials from/about the Promotion. If, for any reason, the Promotion is not able to run through completion for reasons which may include, without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, including any other factors beyond Sponsor’s reasonable control such as a Force Majeure (e.g., war, riots, terrorism, civil unrest, strikes, blackouts, supply shortages, order of governmental authority,) an “act of God” (e.g., natural disasters, weather, etc.) or an unforeseeable health event (e.g. pandemic or epidemic), then the Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Promotion in whole or in part, without further liability to the Entrants or third parties. These Terms & Conditions prevail should there be any conflict or uncertainty relating to the Promotion based on information or advice provided by any of the Released Entities.
10) ENTRANT AND WINNER RELEASES: All Entrants, as a condition of participation in the Promotion, agree to release and hold harmless Released Entities from and against any and all liability, loss, claims, demands or actions of any kind whatsoever for injuries, damages, costs, or losses to persons or property which may be sustained in connection with: (a) accessing the Promotion page, as applicable; (b) participating in any aspect of the Promotion; (c) the acceptance, receipt, ownership, use or misuse of any prize awarded; (d) any typographical or other error in these Terms & Conditions or the announcement of the offering of the prize; or (e) any claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property-related cause of action. Each prize winner shall bear all risk of loss or damage to the prize after it has been delivered.
11) PRIVACY: By participating in the Promotion, you grant the Released Entities permission to use your personal information in accordance with Sponsor’s privacy policy which can be found at https://us.coca-cola.com/privacy-policy/.
12) DISPUTES AND GOVERNING LAW: This Promotion is conducted in English (which will be given its everyday ordinary meaning), and Entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prizes awarded shall be resolved individually, without resorting to any form of class action, and exclusively by the United States District Court for Atlanta, Georgia or the appropriate Georgia State Court; and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in the Promotion, but in no event attorneys' fees. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms & Conditions, or the rights and obligations of the participant and Sponsor’s in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Georgia, without giving effect to any choice of law or conflict of law rules (whether of the State of Georgia or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Georgia.
13) WINNER’S LIST: To receive a copy of the winner’s list, available after June 30, 2024, send an email with subject line: "Carowinds Summer Music Fest Guitar Case Hunt" to winnerslist@mardenkane.com. All such requests must be received by July 30, 2024.
14) SPONSOR AND ADMINISTRATOR: Sponsor: The Coca-Cola Company, One Coca-Cola Plaza, Atlanta, GA 30313. The Administrator is Marden-Kane, Inc., 575 Underhill Blvd, Suite 222, Syosset, NY 11791.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
Cedar Fair Entertainment Company and iHeartMedia, Inc. are not sponsors of this Promotion.
Instagram is a registered trademark of Instagram, Inc. This Promotion is in no way sponsored, endorsed, or administered by, or in association with Instagram. Participants understand that you are providing your information to Sponsor, and not to Instagram. Any questions, comments or complaints regarding the Promotion are to be directed to Sponsor, at the address noted above, not Instagram.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
© 2024 Marden-Kane, Inc. All rights reserved. These Terms & Conditions may not be copied, edited, or used for any other purpose, commercial or otherwise, without the express written consent of Marden-Kane, Inc.