Official Rules & Restrictions for the Coca-Cola & Apollo Theater Amateur Night: Making a Star at the 2016 Essence Festival
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
- Eligibility: The Coca-Cola & Apollo Theater Amateur Night: Making a Star at Essence Music Festival (the “Contest”) is open only to legal residents of the 50 United States (or the District of Columbia) who are 18 years of age or older, are not signed with a major label or studio (recording, TV, film), and who are in attendance at the Essence Music Festival during one of the Entry Periods. Employees and non-employee workers of Apollo Theater Foundation, Inc. (including current Amateur Night musicians), The Coca‑Cola Company, Coca‑Cola bottlers, Essence Music Festival, HelloWorld, Inc., and their respective parents, subsidiaries, affiliates, and agents, and any agencies or other companies involved in the development or execution of the Contest or production or distribution of Contest materials, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such person are not eligible. The Contest is subject to all applicable federal, state and local laws and regulations and is void where prohibited by law.
- Sponsor: The Coca-Cola Company, One Coca-Cola Plaza, Atlanta, GA 30313.
Administrator: HelloWorld, Inc., 3000 Town Center, Suite 2100, Southfield, MI 48075.
3. Agreement to Official Rules: Participation in this Contest constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to this Contest. Winning a position or a prize is contingent upon fulfilling all requirements set forth herein.
- Timing: The Contest begins on July 1, 2016 at 9:00 a.m. Central Time (“CT”) and ends on July 2, 2016 at 6:00 p.m. CT (the “Contest Period”). The Contest consists of 2 Entry Periods and several phases as outlined in the chart below:
|Phase||Start Date||End Date|
|Entry Period #1||July 1 at 9:00 a.m. CT||July 1 at 6:00 p.m. CT|
|Entry Period #2||July 2 at 9:00 a.m. CT||July 2 at 6:00 p.m. CT|
|Judging: Submissions||EP#1: July 1 at 6:00 p.m. CT
EP#2: July 2 at 6:00 p.m. CT
|July 1 at 11:00 p.m. CT
July 2 at 11:00 p.m. CT
|Judging to Grand Prize Winner for Entry Period #1 ONLY:||July 2, 2016||–|
|Performance:||EP#1: July 2 at 6:00 p.m. CT
EP#2: July 3 at 6:00 p.m. CT
Sponsor’s computer is the official time-keeping device for this Contest.
- How to Enter: During one of the Entry Periods, try out with a 90 second or shorter vocal performance (a capella or with your own copy of music CD) with an approved Apollo or Coca-Cola Share a Coke song in person at the Essence Music Festival (the “Submission”). The song must be in good taste and not include ANY offensive words or profanity. The single person who enters this Contest will be henceforth referred to as the entrant (“Entrant”).
Performing a Submission constitutes Entrant’s consent to give Sponsor a royalty-free, irrevocable, transferable, assignable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Song/Submission 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, including for promotional or marketing purposes. If requested, Entrant will sign documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights Entrant is granting to use the Song/Submission or any portion thereof. Sponsor is not responsible for lost, late, incomplete, invalid, un-intelligible or misdirected Submissions, which are disqualified in Sponsor’s sole discretion.
- Finalist and Winner Determination:
- Entry Period 1: Qualified judges (Amateur Night Producers) will select the top 6 performers to perform on the Convention Center Floor at the Coca-Cola booth during the Apollo Amateur Night Moment on Saturday, July 2 at 11:30 a.m. CT. From there, qualified judges will select 2 winners (each a “Finalist”) to perform during the Mainstage Moment at the Superdome on Saturday, July 2 (Time TBD). Winner between those 2 will be determined by qualified judges. That winner will have the opportunity for the Grand Prize experience at the Apollo Theater on September 21, 2016.
- Entry Period 2: Qualified judges (Amateur Night Producers) will select the top one performer to perform during the Mainstage Moment at the Superdome on Sunday, July 3 during the Coke Sing a Long Moment.
For all Judging: A panel of qualified judges, determined by Sponsor in its sole discretion, will score all eligible Submissions based on the following criteria:
Contestants are selected at the sole discretion of judges/producers with much consideration given to performance technique, creativity, poise and stage presence, overall showmanship, entertainment value and appropriateness in relation to the Apollo, Amateur Night and Coca-Cola family-friendly brands.
In the event of a tie, the Entrant whose Submission received the highest score for Creativity/Originality, as determined by the qualified judges, will be deemed the applicable opportunity winner. Sponsor reserves the right to select fewer than the stated number of opportunity winners, if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Submissions.
- Finalist and Winner Requirements: Each Finalist and the Grand Prize winner will be notified in person or by phone before the applicable opportunity. Except where prohibited, each Finalist and the Grand Prize winner may be required to sign a waiver. A Producer for Amateur Night at the Apollo Theater will contact the Grand Prize winner to discuss the details of the performance prior to travel. If he or she cannot travel on the dates specified by the Sponsor, the Grand Prize will be forfeited and he or she will be disqualified. The potential Grand Prize winner (or parent/legal guardian if winner is a minor in his/her state of residence) will be required to sign and return a Declaration of Compliance, Liability and Publicity Release (“Declaration”) which must be received by Administrator, within 48 hours of the date notice or attempted notice is sent, in order to claim the prize. If the potential Grand Prize winner cannot be contacted, does not consent to a routine confidential background check, fails to complete the Declaration, or Sponsor determines that the he or she is not an appropriate representative based on the results of the confidential background check, forfeits the prize, or does not comply with these Official Rules, he or she will be disqualified and if time permits, Sponsor may choose an alternate potential Grand Prize winner based on the scoring above.
- Winner Requirements: The potential Grand Prize winner will be announced on July 2, 2016, in person. 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 (as defined in Section 11 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.
1 Grand Prize (from Entry Period #1 only):
A trip package for 2 to Harlem, NY to perform at Apollo Theater on 9/21/16. Trip package includes round trip, coach-class air transportation for winner and 1 guest from a major airport near winner’s home (determined by Sponsor in its sole discretion); round trip ground transportation between airport and hotel; 2 nights’ accommodations at Sponsor’s choice of hotel (single room, double occupancy); the opportunity to perform during Amateur Night at the Apollo Theater; hair, makeup, a coaching session with Amateur Night producers, a recording session and appearance in webisodes filmed by the Apollo; and travel agent services. Approximate Retail Value (“ARV”): $2,000. Travel must occur on the dates specified by the Sponsor in its sole discretion, or prize will be forfeited. All travelers must travel on same itinerary. Travel must be round trip. 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 trip destination is less than 250 miles from the winner’s residence, winner will be provided $200 in spending money for driving expenses in lieu of air transportation. Sponsor is not responsible if any scheduled event is delayed, postponed or cancelled for any reason. All expenses, travel, and other costs not expressly stated in the package description above are the sole responsibility of winner. If winner chooses to bring a guest (instead of a team member), and winner’s guest is a minor (as determined by his/her state of residence), winner must be minor’s parent/legal guardian and must complete required paperwork on behalf of minor, as applicable. Travel companion must execute liability/publicity releases prior to issuance of prize documents. Restrictions, conditions and limitations may apply. The ARV of travel may vary based on airfare fluctuations and distance between departure and destination. Winner will not receive difference between actual and approximate retail value.
3 Performing Opportunities (2 from Entry Period #1 and 1 from Entry Period #2): A session with a vocal coach, and the opportunity to perform at Essence Music Festival. ARV: $500.
For All Prizes: No substitution, exchange or transfer of prize by winner. Sponsor reserves the right to substitute any prize for one of equal or greater value. Each winner is responsible for all taxes and fees associated with prize receipt and/or use.
- Publicity: Except where prohibited, participation in the Contest constitutes entrant’s consent for the Sponsor and the Sponsor’s designees to use entrant’s name, likeness, city and state of residence for promotional purposes in any media without further consideration.
- General Conditions: If for any reason, the Contest is not capable of running as planned by reason of infection by virus, bugs, worms, tampering, unauthorized intervention, fraud, technical failures, 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 Contest, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Contest, and select the winners, from the entries received prior to the action taken or in other such manner as deemed fair and appropriate by Sponsor. 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 Contest or to be acting in violation of these Official Rules or any other Contest, or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of this Contest 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.
- Release and Limitations of Liability: Except where prohibited, by participating in the Contest, entrant agrees to release, indemnify, and hold harmless HelloWorld, Inc., Apollo Theater Foundation, Inc. and its board of directors, The Coca‑Cola Company, Coca‑Cola bottlers, Essence Music Festival, and their respective related companies, parents, subsidiaries, affiliates, and their respective agents and agencies, promotional partners, prize partners, and their respective officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action arising out of participation in the Contest or use of the prize, including, but not limited to: (a) unauthorized human intervention in the Contest; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors; (d) errors in the administration of the Contest or the processing of entries; (e) late, lost, or undeliverable mail; or (f) 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 (including due to violations of the Content Restrictions). 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 Contest 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.
- Disputes: Entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Contest or its associated winner selection and/or notification (the “Contest Administration”) 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 Contest, 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 Contest and Contest Administration, 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.
- Winner List: For a winner list, visit apollotheater.org. The winner list will be posted after winner confirmation is complete.
ABBREVIATED RULES for TV and Radio
NO PURCHASE NECESSARY. OPEN TO LEGAL RESIDENTS OF THE 50 U.S. (OR D.C.), WHO ARE 18 YEARS OR OLDER AND IN ATTENDANCE AT ESSENCE MUSIC FESTIVAL. See full rules for more details. VOID WHERE PROHIBITED. Enter before 7/2/16 at 6:00 p.m. For rules and complete details, visit http://bit.ly/28IRtQs. Sponsor: The Coca-Cola Company.
ABBREVIATED RULES for Print
NO PURCHASE NECESSARY. OPEN TO LEGAL RESIDENTS OF THE 50 U.S. (OR D.C.), 18 YEARS OR OLDER AND IN ATTENDANCE AT ESSENCE MUSIC FESTIVAL. See full rules for more details. VOID WHERE PROHIBITED. Enter before 7/2/16 at 6:00 p.m. For Official Rules, prize descriptions, and complete details, visit http://bit.ly/28IRtQs. Sponsor: The Coca-Cola Company, One Coca-Cola Plaza, Atlanta, GA 30313.
Abbreviated Rules for Online Ads – Banner
NO PURCHASE NECESSARY. Enter before 7/2/16 at 6:00 p.m. For rules and complete details, visit http://bit.ly/28IRtQs.
Abbreviated Rules for Online Ads – Not a Banner
NO PURCHASE NECESSARY. Legal residents of the 50 U.S. (or D.C.), who are 18 years or older and in attendance at Essence Music Festival. See full rules for more details. Enter before 7/2/16 at 6:00 p.m. For rules and complete details, visit http://bit.ly/28IRtQs. Void where prohibited.