The Folgers® Can Do Contest
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.
This Contest is governed exclusively by the laws of the United States. You are not authorized to participate in the Contest if you are not located within the 50 United States or the District of Columbia.
1. How to Enter. During the Contest Period (defined below), the six (6) influencers (each, an “Influencer”) who have been selected by Sponsor to participate in this Contest must create a video that is no more than forty-five (45) seconds in length (“Video”), which features a Folgers red can and a Folgers coffee mug and explains why Influencer supports the charity that Influencer has selected as his or her designated charity in this Contest (each a “Charity”), which must be a tax-exempt 501(c)(3) charitable organization under U.S. law and domiciled in the U.S, and why Influencer’s Charity deserves to win the Grand Prize in this Contest (“Theme”). Sponsor shall have the right to approve of Charity before the start of the Contest Period in its sole discretion. During the Contest Period, each Influencer must upload his or her Video with the following hashtags #contest and #sponsored to the following two (2) Contest platforms (collectively, “Contest Platforms”): (i) Influencer’s page on Facebook and (ii) Influencer’s Instagram account. Influencers must also identify their relationship with Sponsor by using each Contest Platform’s branded content tools in their Contest posts which include their Videos.
Throughout the Contest Period, Influencers will be encouraged to ask their followers on Facebook and Instagram to “Pass the Can” by liking, commenting, and viewing the Influencer’s Video on Facebook and by liking, commenting, and viewing Influencer’s Video on Instagram.
Influencers must make sure the “Photos Are Private” option in their Instagram account settings is set to “OFF”. If Influencers choose to enter via Facebook or Instagram using their mobile device, standard data fees may apply and Influencer should consult Influencer’s wireless service provider's pricing plan for details. Influencers agree to incur any and all charges demanded by their wireless carrier and Influencer should also check Influencer’s device's features for capabilities and check the device manual for specific use instructions.
All entry information, Influencer’s Videos and posts shall be collectively referred to herein as the “Submissions” or each as a “Submission.” Submissions must comply with the Guidelines and Restrictions defined below in Section 4.
By entering, each Influencer warrants and represents the following with respect to Influencer’s Submission: (a) Influencer 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 or entities appearing or depicted in the Submission (including the Charity depicted in the Submission) have given Influencer or Sponsor appropriate consent to be depicted in the Submission in accordance with the Official Rules. Sponsor reserves the right to request releases from any third parties or entities appearing or depicted 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 Influencer’s consent to grant 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 Influencer on each Contest Platform. Influencers are not permitted to submit a Submission more than once to the same Contest Platform during the Contest Period. Duplicate Submissions by the same Influencer to the same Contest Platform will be subject to disqualification. All terms and conditions of Facebook.com and Instagram.com apply. Any attempt by any Influencer to obtain more than the stated number of Submissions by using multiple/different Facebook or Instagram accounts, identities, registrations and logins, or any other methods will void that Influencer's entries and that Influencer 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 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.
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. Proof of submission will not be deemed to be proof of receipt by Sponsor. By entering the Contest, Influencers 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 Contest.
2. Contest Entry Start/End Dates. Contest period begins at 12:00:00 am Eastern Time (“ET”) on October 8, 2018 and ends at 11:59:59 am ET on November 12, 2018 (“Contest Period”). SPONSOR'S CLOCK SHALL BE THE OFFICIAL TIMEKEEPER FOR THIS CONTEST.
3. Eligibility. Participation open only to the Influencers who are selected by Sponsor to participate in this Contest, each of whom must be a legal resident of the fifty (50) United States or the District of Columbia and at least eighteen (18) years of age and the age of majority in his or her state of residence. Void outside of the 50 United States, the District of Columbia, and where prohibited, taxed or restricted by law. Influencers must enter the Contest on behalf of their respective Charities and all prizes will be awarded to the winning Charities and not to the Influencers. Each Charity must be a tax-exempt 501(c)(3) charitable organization under U.S. law and domiciled in the U.S. Employees, officers and directors of The Folgers Coffee Company (“Sponsor”) and its parent company, subsidiaries, affiliates, partners, advertising and promotion agencies, manufacturers or distributors of promotion materials, and their immediate families (parents, children, siblings, spouse) or members of the same household (whether related or not) of such employees, officers and directors are not eligible to enter. Influencers are not authorized to participate in the Contest if they are not located within the 50 United States or the District of Columbia. All federal, state and local laws and regulations apply.
4. Submission Guidelines and Content Restrictions: By entering the Contest, each Influencer agrees that Influencer’s Submission conforms to the Submission Guidelines and Content Restrictions as defined below (collectively, the “Guidelines and Restrictions”) and that Sponsor, in its sole discretion, may remove any Submission and disqualify an Influencer or Submission from the Contest if it believes, in its sole discretion, that the Influencer’s Submission fails to conform to the Guidelines and Restrictions.
Each Influencer acknowledges that other Influencers may have used ideas and/or concepts in their Submission that may be similar in idea or concept to what is included in Influencer’s Submission. Each Influencer understands and agrees that he/she shall not have any claim against any other Influencer or Sponsor arising out any such similarity or be entitled to any compensation because of any such similarity.
Sponsor’s decisions are final and binding in all matters relating to this Contest, including, but not limited to, interpretation and application of these Official Rules. By entering the Contest, Influencers 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 Contest.
5. The Winning Charity. Throughout the Contest Period, Influencers will be encouraged to ask their followers on Facebook and Instagram to “Pass the Can” by liking, commenting, and viewing the Influencer’s Video on Facebook and by liking, commenting, sharing and viewing Influencer’s Video on Instagram (collectively, “Social Media Engagement”). Prior to the Contest Period, Influencers will be required to opt-in to the Tap Influencer platform, which will measure each Influencer’s Social Media Engagement on the Contest Platforms. Sponsor will select the Grand Prize winning Submission based on the Influencer who has the highest efficiency to reach, “likes” and comments generated throughout the Contest Period, not including by bots or spam. The Charity featured in the Grand Prize Winning Video will be the Grand Prize winner of this Contest (subject to confirmation). In the event of a tie, the Influencer Video which receives the most “likes” will be deemed to be the Grand Prize winning Video (subject to confirmation).
The use of robotic or automatic devices is prohibited, and Sponsor reserves the right to nullify any and all Social Media Engagement and to disqualify the responsible individual. Influencers are prohibited from obtaining votes by any fraudulent or inappropriate means, including engaging in vote-farming or vote-exchanges or offering prizes or other inducements to members of public, as determined by Sponsor, in its sole discretion and Sponsor reserves the right to nullify any and all such votes and to disqualify from Contest the responsible Influencer.
6. Prize Donations.
One (1) Grand Prize: The Grand Prize Winning Charity will receive a donation in the amount of twenty-five thousand ($25,000) dollars. Approximate retail value (“ARV”) of Grand Prize: $25,000.
Five (5) Finalist Prizes: Each of the five (5) Finalist Charities will receive a donation in the amount of ten thousand ($10,000) dollars. Approximate retail value (“ARV”) of each Finalist Prize: $10,000.
Donations will be awarded directly to the winning Charities, and not to the Influencers. Total value of all prize donations to be awarded in this Contest: $75,000.
An authorized representative of each winning Charity may be required to sign Sponsor’s documents within ten (10) days of date of issuance in order to receive the donation. If for any reason, the Grand Prize winning Charity cannot accept the donation, Sponsor will make the donation to the winning Charity whose Video received the next highest level of Social Media Engagement.
Winning Charities may not substitute, assign or transfer a donation. Winning Charities are responsible for all applicable federal, state and local taxes, if any. In the case of unavailability of any prize donation, Sponsor reserves the right to substitute a prize of equal or greater value in its sole discretion. Limit one prize donation per Charity.
By accepting the donation, each winning Charity that is awarded a donation will be required to permit Sponsor to use such Charity’s name, location, trademark, and logo in any and all media now known or hereafter devised (including on the Internet), worldwide and in perpetuity, without compensation (unless prohibited by law) or additional consents from such organization or its authorized representatives or any third party and without prior notice, approval or inspection, and to execute specific consent to use if asked to do so. All donation details are at Sponsor’s sole discretion.
7. Notification. Potential winning Influencers and Charities (collectively, “winners”) will be notified by email on or about November 20, 2018 and may be required to provide confirmation of eligibility and taxpayer information, including but not limited to EIN, proof of 501(c)(3) status, sign and return, where legal, an Affidavit of Eligibility, Liability/Publicity Release and/or rights transfer document within five (5) calendar days of receipt. Additionally, potential winning Influencers may be required to obtain releases from any and all third parties appearing in their respective Submissions.
If any potential winner cannot be contacted within five (5) calendar days of first notification attempt, if any prize or prize notification is returned as undeliverable, if any potential winner rejects his/her prize or in the event of noncompliance with these Contest rules and requirements, such prize will be forfeited and may be awarded to the Submission with the next highest level of Social Media Engagement. Upon prize forfeiture, no compensation will be given.
8. Conditions. BY PARTICIPATING, INFLUENCERS, CHARITIES AND WINNERS AGREE TO RELEASE AND HOLD HARMLESS SPONSOR, FACEBOOK, INSTAGRAM AND THEIR ADVERTISING AND PROMOTIONS AGENCIES AND THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, PARTNERS, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNS, EMPLOYEES, OFFICERS AND DIRECTORS (COLLECTIVELY, “RELEASED ENTITIES”), FROM ANY AND ALL LIABILITY, FOR LOSS, HARM, DAMAGE, INJURY, COST OR EXPENSE WHATSOEVER INCLUDING WITHOUT LIMITATION, PROPERTY DAMAGE, PERSONAL INJURY AND/OR DEATH WHICH MAY OCCUR IN CONNECTION WITH, PREPARATION FOR, TRAVEL TO, OR PARTICIPATION IN CONTEST, OR POSSESSION, ACCEPTANCE AND/OR USE OR MISUSE OF PRIZE OR PARTICIPATION IN ANY CONTEST-RELATED ACTIVITY AND FOR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, INVASION OF PRIVACY, COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT OR ANY OTHER INTELLECTUAL PROPERTY-RELATED CAUSE OF ACTION. Any and all federal, state and local taxes are the sole responsibility of the winners (if any). Participation in Contest and acceptance of prize constitutes each winner’s permission for Sponsor to use his/her name, address (city and state), likeness, photograph, picture, portrait, voice, biographical information, and/or any statements made by each winner regarding the Contest or Sponsor for advertising and promotional purposes without notice or additional compensation, except where prohibited by law. Influencers who do not comply with these Official Rules, or attempt to interfere with this Contest in any way shall be disqualified. Sponsor is not responsible if Contest cannot take place or if any prize cannot be awarded due to travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, weather or acts of terrorism.
9. Additional Terms. Any attempted form of entry other than as set forth above is prohibited; no automatic, programmed; robotic or similar means of entry are permitted. Released Entities are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one’s ability to enter the Contest, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in this Contest or downloading any materials in this Contest. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Contest should (in its sole discretion) virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Contest. In such case, Sponsor may select the winners from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Contest or web site. Sponsor may prohibit an Influencer from participating in the Contest or winning a prize if, in its sole discretion, it determines that said Influencer is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other Influencers or Sponsor representatives.
CAUTION: ANY ATTEMPT BY AN INFLUENCER TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS 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.
10. Limitation of Liability; Disclaimer of Warranties. IN NO EVENT WILL THE RELEASED ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF ACCESS TO AND/OR USE OF ANY SITES ASSOCIATED WITH THE CONTEST AND/OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY SITES ASSOCIATED WITH THE CONTEST. WITHOUT LIMITING THE FOREGOING, THIS CONTEST AND ALL PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
11. Disputes; Governing Law. The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Contest. Any controversy or claim arising out of or relating to these Official Rules and/or the Contest shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of New York, City of New York.
THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or the Contest, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest county of New York in the State of New York. The parties agree not to raise the defense of forum non conveniens .
13. List of Winners. To obtain a list of winners, send a self-addressed, stamped envelope to: “Folger’s Can Do Contest Winner’s List”, Attention: Molly Tullis, Ketchum, 225 N Michigan Ave 7th floor, Chicago, IL 60601. Winner’s list requests must be received by Sponsor by no later than November 14, 2018.
© The Folgers Coffee Company, 1 Strawberry Lane, Orrville, OH 44667.
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