ZOA BIG CAN ON CAMPUS VIDEO CONTEST OFFICIAL RULES
NO PURCHASE NECESSARY. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. MUST BE LEGAL RESIDENT OF THE U.S., 18 OR OLDER TO ENTER. WINNERS WILL BE NOTIFIED VIA TIKTOK or INSTAGRAM.
1. Eligibility: The #BigCANonCampus contest (“Contest”) is open only to legal residents of the 50 United States and the District of Columbia, who are at least 18 years old (or 19 for residents of AL & NE) at time of entry (“Entrants”). Employees, directors and officers of ZOA ENERGY, LLC (the “Sponsor”), and any of their respective affiliates, parent companies, subsidiary companies, and advertising and promotion agencies (collectively the “Promotion Entities”), and members of the immediate families of the foregoing individuals (spouses, parents, children, and siblings and their respective spouses, regardless of where they reside), and/or those living in the same household of each are not eligible to participate or win. The Contest is subject to all applicable federal, state and local laws and regulation and is void where prohibited.
2. Sponsor: ZOA ENERGY, LLC, whose office resides at 5301 Wisconsin Ave NW, Suite 570. Washington, D.C. 20015. The Contest is not sponsored by, endorsed by, administered by or associated with TikTok and/or Instagram.
3. Agreement to Official Rules: Participation in the Contest constitutes your full and unconditional agreement to these Rules. Sponsor’s decisions are final and binding in all matters related to this Contest. Winning a prize is contingent upon fulfilling all requirements set forth in these Rules.
4. Timing: The Contest begins on September 7, 2021 at 12:00 PM Eastern Time (ET) and ends on September 30, 2021 at 11:59 p.m. ET (the “Contest Period”).
5. How to Enter:
Participation Requirements: To participate you will need a public facing TikTok and/or Instagram account. Creating a Tik Tok and/or Instagram account is free, but is subject to the applicable Terms of Service and Privacy Policy. Posting on TikTok and/or Instagram requires a mobile device and therefore message and data rates may apply.
Entry Requirements: To enter take the following actions to make one (1) Submission during the Contest Period:
(1) create a video on either TikTok or Instagram between 15 to 60 seconds long showing your College University pride (the “Submission”).
(2) If you are an adult (at least 18 years old in most states, and at least 19 years old if you live in Nebraska or Alabama), you may include others in your video, with some restrictions (see Permissions requirements below); however, you must be the author of all of the content presented in the Submission.
(3) Post the Submission on TikTok and/or Instagram and include #BigCANonCampus and #Contest at the beginning of your TikTok and in your Instagram caption.
Your account settings must remain public during the Contest Period and until the prizes are awarded (as described in Section 7)
You must not change your TikTok and/or Instagram handle during the Contest Period and until the prizes are awarded (as described in Section 7).
By posting your Submission on Tik Tok and/or Instagram, you agree that the Submission the entry requirements listed herein and the permissions and content restrictions stated below. Where, in the Sponsor’s sole discretion, your Submission meets all requirements, your Submission will be deemed one (1) entry (“Entry”).
Permissions: You must have written permission from any recognizable individuals who appear in the Submission to use their names and likenesses in the Submission, and to grant the rights listed in these Rules. You must be able to provide evidence of such permissions or proof in a form acceptable to Sponsor, if needed. You may include other adults in the Submission with their permission, but may only include minors in the Submission if you are their parent or guardian.
Contest Restrictions:
• The Submission must be your original work
• The Submission must:
o not make false statements about Sponsor’s products or those of its competitors
o be the original creation of the Entrant;
o be in English;
o be no more than 15 MB and 60 seconds long;
o not include any dangerous activity (including but not limited to displays of excessive drinking, pranks, illegal substances, etc.)
o not have been previously published in any medium (excluding any social media site) or submitted in any other competition;
o not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, including copyright infringement when used as provided for in these Official Rules;
o not disparage Promotion Entities or any other person or party affiliated with the Promotion and administration of this Promotion;
o not in any way contain any visible brand names, logos or trademarks other than those of Sponsor;
o not include personally identifiable information;
o not contain content, music, images, or videos not created by Entrant; not include or reference anyone other than Entrant unless Entrant has written permission (and can provide evidence of such permission at Sponsor’s request and satisfaction) from such person.
o not contain images of minors without express written consent from such minor’s parent/legal guardian’s.
o not contain material that is inappropriate, indecent, lewd, pornographic, obscene, hateful, tortious, defamatory, slanderous or libelous;
o not contain material that 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
o not contain material that is in violation of or contrary to the laws or regulations in any of the 50 United States or DC.
Limit: Submissions generated by script, bot, macro, or other automated means are void. Multiple Entrants are not permitted to share the same Tik Tok and/or Instagram account. In the event of a dispute about any Submission, the authorized account holder of the Tik Tok and/or Instagram account used to enter the Contest will be deemed to the be the Entrant. Entrants may be required to show they are the authorized account holder. Released Parties (as defined in Section 10 below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled , delayed or misdirected Submissions or failure to receive Submissions due to limitation of third-party social network platforms, all of which will be void.
6. Entrant Rights in Submissions: Unless you win and accept a prize (as described below) in the Contest, you will retain any intellectual property right you may have in your Submission. The protection of any such intellectual property is your sole responsibility. If you win and accept a prize, the terms of Section 12 will apply, and Sponsor will own the intellectual property rights in your Submission.
7. Winner Determination:
After the Contest Period, a panel of judges chosen by Sponsor in its sole discretion will select the winner (“Winner”) with the highest scoring Submission among all eligible Submissions, based on the following “Judging Criteria”:
• Video shows ingenuity, creativity, and overall ability to have fun while showing Collegiate University Pride (70%)
• Uniqueness (20%)
• Overall visual presentation and production quality (10%)
The Entrant with the highest-scoring Submission will be offered the Grand Prize. In the event of a tie, the Entrant whose Submission receives the highest score for ingenuity and creativity and overall ability to have fun, as determined by the judges in their sole discretion will be deemed the Winner from among the tied Entrants. Sponsor will not disclose judging scores.
The Winner will be notified by direct message and/or comment to Entry post via TikTok and/or Instagram and will also be posted on Sponsor’s TikTok and Instagram accounts within approximately 2-3 weeks after the Contest Period’s end date. Failure to respond to the message notification within three (3) days will be deemed forfeiture of the Prize and the Entrant who had the second to the highest overall score using the Judging Criteria set forth above will be deemed the Winner.
8. Winner Requirements: On or after October 15, 2021, the Winner will be notified by @Zoaenergy through TikTok and/or Instagram, depending on their method of entry, and will be directed to a secure online claim form and asked to provide name, mailing address and date of birth to confirm eligibility and for prize fulfillment purposes within three (3) days of the date notice. The Winner will be required to sign and return an Affidavit of Eligibility, Waiver of Liability, Publicity Release Forms (where legal), or a Prize Acceptance Eligibility/Liability Release, which must be received by Sponsor within four (4) days of the notice or attempted notice is sent in order to claim a prize. If the Winner cannot be contacted, fails to respond to the TikTok and/or Instagram notification as directed, or fails to provide the requested information (including a signed Affidavit, where applicable) within the required time period, the Winner forfeits the prize. If the Winner is disqualified for any reason, the prize may be awarded to a runner-up based on the judging procedure outlined above.
9. Prize and Approximate Retail Value (ARV): One (1) Grand Prize: One (1) can of ZOA Energy drink for every student on their Collegiate University campus and/or Alma Matter. Winning submission will also receive an on-campus experiential event valued at an estimated ARV of $20,000. (Revised 9/21 :Winning submission will also receive $5,000 in scholarship money to be awarded within 1 year of contest-close.) Appearance in one social media post on ZOA Energy’s Instagram and/or Tik Tok account ARV Estimated and based on a campus average of 25,000 students and value of $2.50 per can: $62,500 Total ARV for promotion $87,500 (revised 9/21 from $82,500).
CONDITIONS APPLICABLE TO ALL PRIZES: Prizes are nontransferable, and no substitutions will be made except at Sponsor’s sole discretion. Prize details and availability are subject to change, in which case Sponsor may substitute a prize of equal or greater value. No substitutions or cash redemptions, except at Sponsor’s sole discretion. Any portion of prize not used by Winner is forfeited and no cash substitute will be offered or permitted. Prize is provided “as is” with no warranty or guarantee either express or implied by Sponsor. Awarding of all prizes is subject to verification of eligibility, submission of all required Assignment and Release Forms, and compliance with these Official Rules and applicable law. Sponsor reserves the right to request, in its sole discretion, and Entrant agrees to cooperate with Sponsor’s request to have a background check done on the Winner.
10. Release: By receipt of any Prize, Winner agrees to release and hold harmless the Sponsor, TikTok, Instagram and their respective parent companies, subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees, and agents(collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Content or receipt or use or misuse of any Prize.
11. Publicity: Acceptance of any Prize shall constitute and signify Winner’s agreement and consent that Sponsor and its designee may use, but are not required to use, the Winner’s name, city, state, likeness, photo (including Winner’s profile photo), Submission, and/or prize information in connection with the Contest for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet without limitation and without further payment, notification, permission or other consideration, except where prohibited by law.
12. Ownership of Winning Submissions: Winner shall irrevocably grant, transfer, convey and assign to Sponsor the entirety of the rights in and to the winning Submission including all publicity rights contained therein, and all renewals and extensions of copyright, and the right to secure copyright registrations thereto in perpetuity including, without limitation, the rights to use the Submission for any and all purposes in any and all media whether now known or hereafter developed, on a worldwide basis, in perpetuity. 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. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder. Winner will indemnify Sponsor, Released Parties 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.
13. General Conditions: All federal, state and local taxes are the sole responsibility of Winner. Sponsor is not responsible for any typographical or other errors in the printing, the offering, the announcement of any prize, or in the administration of the Contest. Sponsor reserves the right, in its sole discretion to modify, terminate or suspend this Contest should viruses, bugs, technical errors, unauthorized human intervention or other similar causes corrupt or impair the administration, security or fairness of the Contest (“Disruption”). If the Contest is subject to Disruption, Sponsor may award (as applicable) the Prize via application of the Judging Criteria to those eligible Entries received up to the time of the Disruption. Sponsor is not responsible for interrupted or unavailable network, server or other connections, miscommunications, failed telephone, computer hardware, software and other technical failures of any kind, including injury or damage to any person’s device relating to or resulting from participating in or experiencing any materials in connection with the Contest. Sponsor is not responsible for any human error that may occur in the processing of the Content, nor is it responsible for any error, omission, interruption, deletion, defect, communications line failure, theft or destruction of, unauthorized access to, delay in operation, transmission, or distribution of, or alteration of, entry, whether caused by the Entrant, or otherwise, any of the equipment or programming associated with or utilized in this Contest, or otherwise. Sponsor reserves the right, in its sole discretion, to disqualify any individual found to be tampering with the entry process or the operation of the Contest; to be acting in violation of these rules; or to be acting in an unsportsmanlike or disruptive manner or with intent to annoy, abuse, threaten or harass any other person. Any use of robotic, automatic, programmed or similar entry methods will void all such Entries and Entrant will be disqualified. Entries generated by script, macro or other automated means or which subvert the entry process are void. If there is a dispute, all Entries will be deemed to have been submitted by the owner of the email account holder associated with registration of the TikTok and/or Instagram account for that entry. For these purposes, an email account holder means the natural person assigned to such email account by the organization responsible for assigning email addresses for the associated domain. INTERNET CAUTION: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR APPLICATION OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING CRIMINAL PROSECUTION. Neither the failure of Sponsor to insist upon or enforce strict performance of any provision of these Official Rules nor the failure, delay or omission by Sponsor in exercising any right with respect to any term of these Official Rules, will be construed as a waiver or relinquishment to any extent of Sponsor’s right to assert or rely upon any such provision or right in that or any other instance.
14. Limitations of Liability: Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by Entrant, typographical or other errors, or by any of the equipment or programming associated with or utilized bin the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the Submission process or the Contest; (4) typographical, technical, computer network or human error which may occur in the administration of the Contest, the uploading, the processing or judging of Submissions, the announcement of the prizes or in any Contest-related materials; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any 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 Contest or receipt or use or misuse of any prize. Released Parties are not responsible for misdirected or undeliverable Submissions or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled, and/or delayed computer transmission. Released Parties are not responsible for any unauthorized third party use of any Submission.
15. Choice of Law: All decisions of the Sponsor with regard to this Contest are final. Except where prohibited, each Entrant and winner accepting a prize agrees that all issues and questions concerning these Official Rules will be governed by California law without giving effect to any principles of conflicts of law of any jurisdiction. For any and all disputes, claims and causes of action at law or in equity arising out of or relating to this Contest or any prize awarded, Entrants irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to the City of Los Angeles in the State of California. Entrants agree not to raise the defense of forum non conveniens. Any and all claims, judgments and awards will be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees; and under no circumstances will any Entrant 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 any and all rights to have damages multiplied or otherwise increased.
16. Winners List: For a list of naming the Winner, send a self-addressed, stamped (#10) envelope to: ZOA Big CAN on Campus Contest, c/o ZOA ENERGY, LLC, 5301 Wisconsin Ave NW, Suite 570. Washington, D.C. 20015 to be received by November 15, 2021
17. Privacy Policy Information collected from Entrants will be used solely for the purpose of administering this Contest. No further marketing communications will be sent by Sponsor to the Entrants unless Entrants provide Sponsor with permission to do so. Please see Sponsor’s Privacy Policy at https://zoaenergy.com/policies/privacy-policy for further information.
This Promotion is in no way sponsored, endorsed or administered by or associated with TikTok and/or Instagram. You understand that you are providing your information to Sponsor and not to TikTok and/or Instagram.