SpartanNash® “Share A Coke® Together” Official Rules
SpartanNash® “Share A Coke® Together”
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT WILL NOT INCREASE OR IMPROVE YOUR CHANCES OF WINNING.
Participants must have a Facebook, Twitter, or Instagram Account to participate.
1. ELIGIBILITY. The “Share A Coke Together” Sweepstakes” (the “Sweepstakes”) is only open to entrants who, as of the entry date, are permanent legal residents of Colorado, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Montana, Nebraska, North Dakota, Ohio, South Dakota, Wisconsin and Wyoming who are at least eighteen (18) years old (19 for Nebraska). The Sweepstakes is void outside the eligible Sweepstakes territory; and where prohibited or restricted by law. Employees, officers and directors of SpartanNash Company (“Sponsor”) and its subsidiaries, affiliates, divisions, advertising and promotion agencies, and the immediate families (defined as parents, spouses, children, siblings, grandparents, and their respective spouses) or members of the same household (whether related or not) of each such employee, officer and director, are not eligible to win. The Sweepstakes, and any website pages and advertisements relating thereto, is intended for viewing only within the eligible sweepstakes territory, and entrants must be present in the eligible Sweepstakes territory at the time they enter.
2. TIMING. The Sweepstakes entry period begins at 12:01 a.m. Eastern Daylight Savings Time (“EDST”) on May 31, 2015 and ends at 11:59 p.m. EDST on July 11, 2015 (the “Entry Period”). Sponsor’s (or its designee’s) computer is the official timekeeping device for the Sweepstakes.
3. HOW TO ENTER. During the Entry Period, entrants must:
a. Enter the Sweepstakes via Facebook, Twitter or Instagram by submitting an original photo (“Photo”) of sharing a Coke® with a friend (“Theme”), and include the hashtag: “#ShareACoke Together”. Entries need to be publicly viewable to be considered eligible.
b. To enter via one of the following methods, you must:
i. Via Facebook: Go to either a Sponsor’s Facebook page located at the following sites:
https://www.facebook.com/DWFreshMarket https://www.facebook.com/westfargofamilyfare https://www.facebook.com/dickinsonfamilyfare
https://www.facebook.com/pawpawfamilyfare https://www.facebook.com/foresthillsfoods https://www.facebook.com/VGsFreshMarket https://www.facebook.com/ValuLand
(“Sponsor’s Facebook Page”), and upload your Photo on Sponsor’s Facebook Page with the hashtag #ShareACoke Together, and click the “Post” button; or post to your own Facebook page with the hashtag #SharaACokeTogether, and click the “Post” button. You must have a Facebook account to enter via this method. Facebook accounts are free. You may set up a Facebook account by following the onscreen instructions to register for a Facebook account at www.facebook.com. You agree to comply with all applicable Facebook rules, policies and procedures.
ii. Via Twitter: Sign into your Twitter account. Once logged into your Twitter account, tweet your Photo with the hashtag #ShareACokeTogether. Your tweet must include the hashtag #ShareACokeTogether. You must be an active holder of a non-private Twitter account (i.e., you must make sure your tweets are set to “public” and not “private”). You must have a Twitter account to enter via this method. Twitter accounts are free. You may set up a Twitter account by following the onscreen instructions to register for a Twitter account at www.twitter.com. You agree to comply with all applicable Twitter rules, policies and procedures.
iii. Via Instagram: Access the Instagram application on your mobile device ("Device"), post your Photo with the hashtag #ShareACokeTogther. You must make sure the “Photos Are Private” option in the account settings on your Instagram account are set to “OFF”. If you do not have the Instagram application, you may download it through the application store on your Device. The Instagram application is free. You may set up an Instagram account by following the onscreen instructions to register for an Instagram account at http://help.instagram.com/182492381886913. You agree to comply with all applicable Instagram rules, policies and procedures.
c. All entry methods. If you choose to enter via Facebook, Twitter or Instagram using your mobile phone, standard data fees may apply. You should consult your wireless service provider's pricing plan for details. You agree to incur any and all charges demanded by your wireless carrier. You should also check your Device's features for capabilities and check the Device manual for specific use instructions. All entry information, Photos, posts and tweets shall be collectively referred to herein as the “Submissions” or each as a “Submission.” Submissions must comply with the Submission Requirements defined below.
By entering, each entrant warrants and represents the following with respect to entrant’s Submission: (a) entrant is the sole and exclusive owner of the Submission; (b) the Submission will not infringe on any rights of any third parties; and (c) any third parties appearing in the Submission have given entrant appropriate consent to be photographed and used as permitted herein. Sponsor reserves the right to request releases from any third parties appearing in any Submissions at any time. Failure to produce third party releases upon Sponsor’s request may result in disqualification, as determined by Sponsor is its sole and absolute discretion.
Providing a Submission constitutes entrant’s consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Submissions in whole or in part, on a worldwide basis, in perpetuity, 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.
Limit one (1) Submission per person per day during the Entry Period regardless of method of entry. Entrants are not permitted to submit a Submission more than once per day during the Entry Period (regardless of method of entry) and duplicate Submissions by the same person will be subject to disqualification. Each day of the Entry Period will begin at 12:00 AM EDST and end at 11:59:59 PM EDST (except for the first day which begins at 12:01:00 AM EDST). All terms and conditions of Facebook.com, Twitter.com and Instagram.com apply. Multiple entrants are not permitted to share the same Facebook, Twitter or Instagram account. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different Facebook, Twitter or Instagram accounts, identities, registrations and logins, or any other methods will void that entrant's entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any Facebook, Twitter or Instagram account, the authorized account holder of the email address used to register on the platform 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. Each potential winner may be required to show proof of being the authorized account holder.
4. SUBMISSION REQUIREMENTS. By entering, each entrant agrees that entrant’s Submission conforms to the Submission Restrictions as defined below and that Sponsor, in its sole discretion, may remove any Submission and disqualify an entrant from the Sweepstakes if it believes, in its sole discretion, that entrant’s Submission fails to conform to the Submission Restrictions.
a. Photo must not exceed 5MB in size.
b. Photo must be in .jpeg, BMP or GIF file format.
c. High-quality, clear Photos are strongly suggested.
d. All Submissions must use the hashtag “#ShareACokeTogether”.
e. Photo must illustrate sharing a Coke with a friend.
f. Submission cannot be profane, pornographic, sexually explicit or suggestive or contain nudity.
g. Submission cannot promote alcohol, illegal drugs or tobacco.
h. Submission cannot defame, misrepresent or contain disparaging remarks about people or companies.
i. Submission cannot be obscene or offensive, endorse any form of hate or hate group or be derogatory to any ethic, racial, gender, religious, professional or age group.
j. Submission cannot contain materials embodying copyrighted images, names, likenesses, photographs or other indicia of identifying any person, living or dead, without permission.
k. Submission cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor and / or Coca-Cola Company wishes to associate.
l. Submission cannot depict illegal activity and cannot itself be in violation of any law.
m. Submission cannot in any way reference persons or organizations without permission from any person or organization whose name or likeness is used.
n. Submission may not include photo images of or references to a known celebrity, famous or well-known person or any image or reference which violates the right of privacy or publicity of any person.
Sponsor reserves the right in their sole and absolute discretion to reject, disqualify and/or remove any Submission, including any Photo that violates these Official Rules without any notification or warning.
Each entrant acknowledges that other entrants may have used ideas and/or concepts in their Submission that may be similar in idea or concept to what is included in entrant’s Submission. Each entrant understands and agrees that he/she shall not have any claim against any other entrant or Sponsor arising out any such similarity or be entitled to any compensation because of any such similarity.
All entrants must have a valid email address and Facebook/Instagram/Twitter account. By entering, each entrant warrants and represents that he/she has complied with Facebook.com terms of service (https://www.facebook.com/legal/terms/), Instagram.com terms of service (http://instagram.com/legal/terms/) and Twitter.com terms of service (https://twitter.com/tos). No automated entry devices and/or programs permitted. All entries become the sole and exclusive property of the Sponsor and receipt of entries will not be acknowledged or returned. Sponsor is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. Only fully completed entries are eligible. Proof of submission will not be deemed to be proof of receipt by Sponsor. By entering the Sweepstakes, entrants fully and unconditionally agree to be bound by these rules and the decisions of the judges, which will be final and binding in all matters relating to the Sweepstakes.
5. MOBILE DISCLOSURE. If you opt to receive Sponsor’s Tweets, including any prize notification or other Sweepstakes-related Tweets, via text message to your wireless mobile device (which may only be available via participating wireless carriers and is not required to enter), standard text messaging rates will apply for each text message sent or received from your handset according to the terms and conditions of your service agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges) and may appear on your mobile phone bill or be deducted from your prepaid account balance. Wireless carriers’ rate plans may vary, and you should contact your wireless carrier for more information on messaging rate plans and charges relating to your participation in this Sweepstakes. Participation in this Sweepstakes by mobile phone and text message means that you understand that you may receive additional text messages from Sponsor relating to this Sweepstakes, including notifying you if you are a potential winner in this Sweepstakes, which will be subject to the charges pursuant to your carrier’s rate plan. Text messaging may not be available from all mobile phone service carriers and handset models. Cell phone service may not be available in all areas. Check your phone’s capabilities for specific instructions.
6. AGREEMENT TO OFFICIAL RULES AND DECISIONS. By participating in the Sweepstakes, each entrant fully and unconditionally agrees to be bound by and accepts these Official Rules and the decisions of Sponsor (including, without limitation, decisions regarding eligibility of entries, the selection of entrants and the winner, and the awarding of the prizes), which are final and binding in all respects.
7. DRAWING; ODDS; NOTIFICATION. On or about July 17, 2015, Sponsor or its designee will randomly select potential winners from among all eligible entries received by Sponsor. Odds of winning the prize depend on the number of eligible entries received by Sponsor in the Sweepstakes. The selected entrant must comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. The potential winners will be contacted using the direct message feature on Twitter for the user Account that posted the responsive update if a winner is a follower of @SpartanNash. If a potential winner is not a follower of @SpartanNash, then a potential winner will have to set their potentially winning Twitter Account to follow @SpartanNash (so that Sponsor will be able to send a private direct message via Twitter) on the date of winner notification or else the Sponsor may disqualify such potential winner’s entry. However, this is only for purposes of facilitating eligibility verification and prize fulfillment communication and may be discontinued following that process. It is your responsibility to timely set your Account settings to accept contacts by Sponsor and to timely check your Twitter Account for such messages. The Sweepstakes Entities are not responsible for any failure of delivery of notice attempting to use such methods. Sponsor will have complete discretion over interpretation of the Official Rules, of administration of the Sweepstakes, and of selection of the winners. Decisions of the Sponsor as to the selection of the winners will be final. Potential winners will be required to respond to Sponsor’s direct message with their full name and a valid e-mail address in the timeframe indicated in the prize notification (likely within twenty-four (24) hours). Potential winners may be required to execute and return to Sponsor a notarized Affidavit of Eligibility, a Liability Release, and, except where prohibited by law, a Publicity Release (an “Affidavit/Release”) in the form(s) provided by Sponsor in order to claim his/her prize. The Affidavit/Release must be returned to Sponsor by the date and/or time indicated within the Affidavit/Release. If the potential winner cannot be contacted within seventy-two (72) hours of the first attempt to contact him/her, or if the potential winner fails to return the Affidavit/Release within the specified time, or such potential winner fails to call the verification number and provide the requested verification/fulfillment information within seventy-two (72) hours of the win notification call or text message, or if any prize or prize notification is returned as undeliverable, or if the potential winner is found to be ineligible, or if the potential winner does not comply with the Official Rules, then the potential winner may be disqualified and an alternate winner selected by Sponsor in his/her place at random from among all eligible non-winning entries received by Sponsor for the Sweepstakes. In such event, an alternate potential prize winner will be notified as described above and will be required to return the required documents to Sponsor as described above; provided, however, Sponsor may alter the above timing to meet its Sweepstakes schedule.
8. PRIZES. Subject to the terms and conditions of these Official Rules, one (1) grand prize and two (2) first place prizes will be awarded in this Sweepstakes. Grand Prize: One grand prize winner will receive a year’s supply of Coca-Cola® products. The prize consists of and is limited to approximately $312 of either manufacturer coupons or SpartanNash gift cards (gift cards and/or coupons subject to terms, conditions, limitations and restrictions thereof). Sponsor has the sole discretion whether to offer manufacturer coupons or gift cards. Prize is valued as one (1) years’ worth of Coca-Cola refreshment products, with the prize value calculated at $312 based on one (1) twelve pack of 12 oz. cans of soda per week for 52 weeks at an approximate retail value (ARV) of $ 6.00/ 12 pack. First Place Prizes: First place prize winners will each receive a prize valued at $100, delivered in either manufacturer coupons or SpartanNash gift cards (gift cards and/or coupons subject to terms, conditions, limitations and restrictions thereof). Sponsor has the sole discretion whether to offer manufacturer coupons or gift cards. Total ARV for the two (2) first place prizes: $200. Total ARV all prizes: $512. All Prizes: Prizes are nontransferable, nonassignable, nonnegotiable, and not redeemable for cash or credit. Prizes must be accepted as awarded. Prizes are awarded “AS IS” with no warranty, representation, or guarantee, express or implied, in fact or in law, made by Sponsor or for which Sponsor shall be liable, including, without limitation, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. No prize substitutions, except by Sponsor, who reserves the right (but has no obligation) to substitute a prize (or a component thereof) with another prize of equal or greater value (including cash) if the prize (or a component thereof) is not available for any reason as determined by Sponsor in its sole discretion. Unused components of the prize shall be forfeited and have no redeemable cash value. Winner is solely and fully responsible for any and all costs, fees, taxes, assessments and expenses associated with prize award, redemption, receipt and use, including, without limitation, all federal, state and local taxes on the prize. Winner will be issued an IRS Form 1099 for the actual retail value of the prize. Winner waives the right to assert as a cost of winning a prize any and all cost of verification and redemption or travel to redeem the prize. Non-compliance with any of the foregoing and any other condition of this Sweepstakes may result in disqualification and forfeiture of prize, in which case, no consideration will be awarded.
9. PUBLICITY. Except where prohibited by law, participation in the Sweepstakes constitutes each winner’s consent to Sponsor’s (and its designees’, successors’ and assigns’) use of winner’s name, biography, likeness, voice, photographs, video, opinions, statements, hometown, state and country for promotional purposes in any manner or media (including, without limitation, online), worldwide, in perpetuity, and without further payment, consideration, notice, review or consent.
10. GENERAL CONDITIONS. Sponsor reserves the right, in its sole discretion, to terminate, modify or suspend the Sweepstakes if, in Sponsor’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Sweepstakes, or if viruses, bugs, unauthorized intervention, fraud, technical difficulties or failures or any other factor beyond Sponsor’s reasonable control corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes. In such event, Sponsor reserves the right (but does not have the obligation) in its sole discretion to award the prize at random from among eligible, non-suspect entries received up to the time of suspected impairment. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage any website or undermine the legitimate operation of this Sweepstakes is a violation of criminal and civil laws, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision or any other provision of these Official Rules.
11. RELEASE. By entering, each entrant forever and irrevocably releases and holds harmless Sponsor and its parents, subsidiaries and affiliates, and their respective agents, advertising and promotion agencies, affiliates, Sweepstakes partners and prize suppliers, and all of their respective employees, officers, directors, shareholders and agents (together, the “Sweepstakes Entities”) from and against all claims, damages or liabilities arising in whole or in part, directly or indirectly, from entrant’s participation and/or entry in the Sweepstakes and/or entrant’s award, receipt or use of any prize awarded in the Sweepstakes.
12. LIMITATIONS OF LIABILITY. Sponsor is not responsible for: (a) incorrect or inaccurate transcription of entry information or late, lost, stolen, unintelligible, illegible, damaged, mutilated, altered, incomplete, postage due or misdirected entries or entries received through impermissible or illegitimate channels, all of which will be disqualified; (b) technical failures of any kind, including but not limited to the malfunctioning of any telephone, wireless, mobile, texting or computer online systems, networks or lines, telephone, wireless, mobile, texting or computer equipment, website, server provider, network, hardware or software; (c) the unavailability or inaccessibility of any website or service, including, without limitation, telephone, wireless, mobile, texting or computerized service; (d) unauthorized intervention in any part of the entry process or the Sweepstakes; (e) printing, typographical, electronic or human errors which may occur in the offer or administration of the Sweepstakes or the processing of entries; or (f) any injury or damage to persons or property, including but not limited to entrant’s computer or wireless device, which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes, or from viewing, playing or downloading any material from Sponsor’s website(s), regardless of whether the material was prepared by Sponsor or a third party, and regardless of whether the material is connected to Sponsor’s websites by a hypertext link.
13. DISPUTES. Entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded shall be resolved individually, without resort to any form of class action, and solely and exclusively in federal or state courts located in Grand Rapids, Michigan; entrant submits to sole and exclusive personal jurisdiction to said courts in the State of Michigan for any such dispute and irrevocably waives any and all rights to object to such jurisdiction; (b) any and all claims, judgments, and awards shall be limited to actual out of pocket costs incurred, including costs associated with entering this Sweepstakes 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 LIMITATION 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 entrant or Sponsor in connection with the Sweepstakes 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 of provisions (whether of the State of Michigan, the United States, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.
15. OFFICIAL RULES. These Official Rules are available at Sponsor’s website located at www.spartannash.com at the Sweepstakes section of the website, or by sending a self-addressed postage-stamped envelope to “Share A Coke Together” Sweepstakes – Rules Request,” c/o SpartanNash, 850 76th St SW PO Box 8700, Grand Rapids, MI 49518-8700.
16. WINNERS’ LIST. To request a list of the Sweepstakes winners, send a self-addressed postage-stamped envelope to “Share A Coke Together” Sweepstakes - Winners List Request,” c/o SpartanNash, 850 76th St SW PO Box 8700, Grand Rapids, MI 49518-8700. Requests must be received by September 15, 2015.
17. SPONSOR. The sponsor of the Sweepstakes and the address at which the Sponsor may be contacted is SpartanNash Company, 850 76th St SW PO Box 8700, Grand Rapids, MI 49518-8700. Sponsor reserves the right to cancel the Sweepstakes at any time and substitute another promotion in its place. THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, FACEBOOK, INSTAGRAM OR TWITTER. YOU ARE PROVIDING YOUR INFORMATION TO SPONSOR AND NOT TO FACEBOOK, TWITTER OR INSTAGRAM. Any and all comments or complaints regarding the Sweepstakes must be directed to Sponsor, not Facebook, Instagram or Twitter.
©2015 SpartanNash. All rights reserved. Sweepstakes participants are hereby authorized to copy these Official Rules on the condition that it will be for the participant’s personal use and not for any commercial purpose whatsoever. COKE and COCA-COLA are the registered trademarks of The Coca-Cola Company. The TWITTER name and TWEET are the registered trademarks of Twitter, Inc. The INSTAGRAM name is the registered trademark of Instagram, LLC. The FACEBOOK name is the registered trademark of Facebook, Inc.