Coca-Cola Backyard Makeover Contest Official Rules
No purchase/text message/mms required to enter or win. Each text message or multimedia messaging service (“mms”) sent or received may incur a charge as provided in your rate plan. Message and data rates may apply. If you enter via text messaging/mms, you agree that you are providing sponsor and administrator express, written consent for you to receive up to 8 text messages/mms using automated technology in response to your entry. Text messaging/mms may not be available through all wireless carriers. Consent is not required to buy goods and services.
- Eligibility: The Lunds & Byerlys Backyard Makeover Sweepstakes (the “Sweepstakes”) is open only to legal residents of Minnesota who are 18 years of age or older at the time of entry. Employees and non-employee workers of Great Lakes Coca-Cola Distribution, L.L.C., The Coca‑Cola Company, Viking Coca-Cola Bottling Company, Lund Food Holdings, Inc. d/b/a/ Lunds & Byerlys, Merkle Inc., and their respective parent companies, subsidiaries, affiliates, and agents and those prize providers and agencies that are involved in the development or execution of this Sweepstakes or any of its materials, and the immediate family (spouse, parents, siblings, and children) and household members of each such person are not eligible. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations and is void outside of Minnesota and where prohibited by law.
- Sponsor: Great Lakes Coca-Cola Distribution, L.L.C., 7400 N. Oak Park Ave, Niles, IL 60714.
Administrator: Merkle Inc., 3000 Town Center, Suite 2100, Southfield, MI 48075.
- Agreement to Official Rules: By participating in the Sweepstakes, entrant fully and unconditionally agrees to and accepts these Official Rules and the decisions of the Sponsor and Administrator, which are final and binding in all matters related to the Sweepstakes.
- Promotion Period: The Sweepstakes begins at 12:00 a.m. Central Time (“CT”), July 23, 2020, ends at 11:59 p.m. CT, August 26, 2020 (the “Promotion Period”). Administrator’s computer is the official time-keeping device for this Sweepstakes.
- How to Enter: There are 2 ways to enter:
- Purchase/Text Message/MMS Method of Entry: During the Promotion Period, visit any participating Lunds & Byerlys location and in a single transaction purchase at least $15 (excluding deposit) of the following Coca-Cola products: any brand Coca-Cola product in the following sizes: 12pks, 24pks, .5L 6pks, 12oz 8pks, 1.25L, 6pk 8oz, 20oz, 7.5oz 6pks, 7.5oz 10pks, or Coke Energy. Take a photograph of your receipt that clearly shows the store name and location, the date, and all of the Coca-Cola items purchased (the “Photo”). Then, using your 2-way text-messaging-capable device (each a “Device”), first text the keyword COKEBACKYARD to the short code 26739. Then, input the requested information to confirm your date of birth. If you are eligible, send your Photo via MMS to 26739 and you will receive 1 entry into the Sweepstakes drawing, up to the limit stated below. If you wish to opt out, text STOP to 26739. Text HELP to 26739 if you would like more information. Send questions to firstname.lastname@example.org. By texting COKEBACKYARD to 26739 and sending your Photo via MMS, you agree that you are providing Sponsor and Administrator express, written consent for you to receive up to 8 text messages using automated technology in response to your entry related to Lunds & Byerlys Backyard Makeover Sweepstakes.
- Mail-In Alternate Method of Entry: During the Promotion Period, to enter without making a purchase or sending a text or MMS, hand print your full name, street address, (no P.O. Boxes), day/evening/cellular phone number (if any), email address and date of birth on a 3″ x 5″ piece of paper and mail it in an envelope with proper postage to “Lunds & Byerlys Backyard Makeover Sweepstakes – Sweeps Entry,” P.O. Box 5011, Department 844985, Kalamazoo MI 49003-5011. You will receive 1 entry into the Sweepstakes, subject to the limit below. Limit: 1 entry per stamped envelope. All mail-in entries must be handwritten, postmarked by August 27, 2020 and received by September 3, 2020. All entries become the exclusive property of Sponsor and none will be acknowledged or returned. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible, illegible, misdirected or postage-due entries, which will be disqualified.
Limit: 1 Sweepstakes entry per person per day during the Promotion Period, regardless of method or combination of methods of entry. Multiple participants are not permitted to share the same email address or Device. Any attempt by any participant to obtain more than 1 entry per day by using multiple/different email addresses, Devices, identities, registrations or logins, or any other methods will void that participant’s entries and that participant may be disqualified from the Sweepstakes. Any use of robotic, repetitive, automatic, programmed or similar entry methods or agents (including, but not limited to, sweepstakes entry services) will void all entries by that entrant. In the event of a dispute as to any entry, the authorized account holder of the Device or email address used to enter 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. Otherwise, the “authorized account holder” of a Device is the natural person in whose name the Device has been issued and the services are billed. Potential winner may be required to show proof of being the authorized account holders.
- Drawing: Administrator is an independent judging organization whose decisions as to the selection of the potential winner are final and binding. On or about September 4, 2020, Administrator will select the name of the potential winner in a random drawing of all eligible entries received during the Promotion Period. The odds of winning the prize depend on the number of eligible entries received during the Promotion Period.
- Requirements of Potential Winner: Potential winner must continue to comply with the Official Rules. Winning is contingent upon fulfilling all requirements. If the potential winner entered via text messaging and MMS, he/she will be notified by phone and/or text message at the phone number of the Device used to enter the Sweepstakes and he/she must respond within 5 days or forfeit the prize. If a potential winner entered by mail, he/she will be contacted by email, mail, or phone. The potential Grand Prize winner will be required to sign and return to Administrator, within 5 days of the date notice or attempted notice is sent, a Declaration of Compliance, Liability & Publicity Release (“Declaration”) in order to claim his/her prize and to fulfill any such other requirements as determined by Administrator. In the event that the potential winner cannot be contacted, fails to complete the Declaration in the required time frame, forfeits the prize, or is disqualified for any reason, Administrator will select an alternate potential winner in a random drawing from among all remaining eligible entries, up to 3 alternates. If the alternate potential winners are disqualified, the prize will not be awarded. Prize components will be fulfilled approximately 10 to 12 weeks after winner confirmation is complete after the end of the Promotion Period.
1 GRAND PRIZE: A “Backyard Makeover” consisting of $8,000 in home improvement store gift cards; and $2,000 in electronics store gift cards. Terms and conditions of all prize components apply. All details determined by Sponsor, in its sole discretion, Approximate Retail Value (“ARV”): $10,000. No substitution, exchange or transfer of prize or any component by winner. Sponsor reserves the right to substitute any prize component for one of equal or greater value. Winner is responsible for all taxes and fees associated with prize receipt and/or use.
- Publicity: Except where prohibited, participation in the Sweepstakes constitutes entrant’s consent for Sponsor and its designees to use entrant’s name, likeness, Photo, prize information, city and state of residence video, voice, any comments, testimonials or other feedback related to prize or Sweepstakes experience, whether written or oral, for promotional purposes in any media without further consideration.
- General Conditions: In the event that the operation, security, or administration of the Sweepstakes is impaired in any way for any reason, including, but, not limited to, fraud, outbreak of widespread illness, pandemic, or other similar occurrence, civil unrest, virus or other technical problem, the Sponsor may, in its sole discretion, either: (a) suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; or (b) cancel the Sweepstakes and, in its discretion, award the prizes in a random drawing from among all eligible entries received up to the time of the impairment. 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 Sweepstakes or to be acting in violation of the Official Rules of this or any other promotion, or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Sweepstakes may be a 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 Sweepstakes, entrants agree to release and hold harmless Great Lakes Coca-Cola Distribution, L.L.C., The Coca‑Cola Company, Viking Coca-Cola Bottling Company, Lund Food Holdings, Inc. d/b/a/ Lunds & Byerlys, Merkle Inc., and their respective parents, subsidiaries, affiliates, promotional partners, prize partners, agents and agencies, and the officers, directors and employees of them (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Sweepstakes; (b) technical errors related to computers, servers, providers, printers or telephone, cellular networks, or network lines; (c) printing errors or human error; (d) errors in the administration of the Sweepstakes 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 Sweepstakes or receipt of any prize. 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 Sweepstakes 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. If, for any reason, an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another Sweepstakes entry, if it is possible. If the Sweepstakes, or any part of it, is discontinued for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any prize offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth herein to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant, Administrator, and Sponsor in connection with the Sweepstakes, or any claim or dispute that has arisen or may arise between you, Administrator and Sponsor, 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.
This arbitration provision shall survive conclusion, modification or termination of the Sweepstakes and suspension, revocation, closure, modification, or amendments to the Official Rules, the Administrator’s Mobile Terms and Conditions, and any aspect of the relationship of the parties relating to or arising from participation in the Sweepstakes.
- Winner List: For a winner list, visit https://bit.ly/38eOh9v.The winner list will be posted after winner confirmation is complete.