Barq's Wanted Promotion OFFICIAL RULES NO PURCHASE REQUIRED TO ENTER OR TO WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. U.S. ONLY. VOID WHERE PROHIBITED. 1. Eligibility: Barq's WANTED Promotion (the "Promotion") is open only to legal residents of the fifty (50) United States (and the District of Columbia) who are at least thirteen (13) years old at the time of entry. Void where prohibited. Employees of The Coca-Cola Company, Beverage Partners Worldwide (North America), Coca-Cola Bottlers, A Simple Theory, LLC., Fair Isaac Corporation, ePrize, LLC, and their respective related companies, parents, subsidiaries, affiliates, and agents and any agencies or other companies involved in the development or execution of the Promotion or production or distribution of Promotion materials, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible. Promotion is subject to all applicable federal, state, local laws and regulations. Odds of winning are described in detail in paragraph 8 below. The Promotion consists of an Instant Win game (the "Instant Win Game") and a Sweepstakes (the "Sweepstakes"). 2. Sponsor: The Coca-Cola Company, One Coca-Cola Plaza, Atlanta, GA 30313. Administrator: ePrize, LLC, One ePrize Drive, Pleasant Ridge, MI 48069. 3. Agreement to Official Rules: By participating in the Promotion, each entrant fully and unconditionally agrees to and accepts these Official Rules and the decisions of Sponsor and/or Administrator, which are final and binding in all matters related to the Promotion. 4. Timing: The Promotion will begin June 20, 2006 at 12:00 p.m. Eastern Time ("ET"), and end at 11:59 a.m. ET, September 30, 2006 (the "Promotion Period"). 5. How to Enter the Promotion: During the Promotion Period visit www.barqs.com and follow the links and instructions to complete the required information on the registration form to create a My Thirst ID or log on with your My Thirst ID if you already have one. To create an Account, individuals must have a unique valid e-mail address. Limit: One (1) Account per person. The person who is the authorized e-mail account holder of the e-mail address indicated when registering must provide date of birth information when registering for an Account and will be deemed the participant. After completing registration/login, you will be given an opportunity to explore the site to capture "Barqy". Click on the indicated image to capture him. Once he is found you automatically will receive one (1) entry into the Sweepstakes. You will then be presented with the Instant Win Game Page where Barqy will be placed in a police line-up. The computer generated witness will randomly attempt to select Barqy from the line-up. You will be instantly notified if you are a potential winner of one (1) of the Instant Win Game prizes. If you are the potential winner of a prize, you will receive an email detailing the prize you have won and explaining fully how to retrieve your prize. Limit: Each person may play/enter four (4) times per day during the Promotion Period. Multiple participants are not permitted to share the same email address. All entries must be received during the Promotion Period. Any attempt by any participant to obtain more than the stated number of plays/entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that participant's plays/entries and that participant may be disqualified. Use of any automated system to submit entries is prohibited and will result in disqualification. In the event of a dispute as to any online entry, the authorized account holder of the 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. Potential winners may be required to show proof of being the authorized account holder. 6. All potential winning plays are subject to verification by Sponsor or administrator, whose decisions are final. An entrant is not a winner of any prize, even if the Instant Win GAME displays a winning message, unless and until entrant's eligibility and the potential Winning play has been verified and entrant has been notified that verification is complete. Sponsor will not accept screen shots or other evidence of winning in lieu of its validation process. any play that occurs after the system has failed for any reason is deemed a defective play and is void and will not be honored. 7. Sweepstakes/Instant Win Game: The potential winner must comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements. Sweepstakes: Administrator, an independent judging organization, will randomly select the potential Sweepstakes winners on or about October 4, 2006 from all eligible entries received. Instant Win Game: Three Hundred (300) random, computer-generated winning times, one for each of the Instant Win Game prizes listed in paragraph 8 below, will be created. If you are the first player to play the Instant Win Game at or after any one of the randomly generated times you will be a potential instant winner. For all potential winners: If any potential prize winner cannot be contacted in person, via email, or by mail within ten (10) days after the first attempt to contact him/her or is disqualified for any other reason, an alternate entrant will be selected in his/her place in a random drawing from among all eligible entries received. Three (3) alternate drawings will be held after which the prizes will remain un-awarded. Sweepstakes and Instant Win prizes will be sent by mail 8-10 weeks after the conclusion of the promotion. 8. Prizes: Sweepstakes: TWENTY (20) GRAND PRIZES: Dorm Refrigerator with Barq's decals. Approximate Retail Value ("ARV"): $90. Odds of winning a Sweepstakes prize depends on the number of eligible entries received during the Promotion Period. Instant Win Game Prizes: THREE HUNDRED (300) FIRST PRIZES: Barq's Gift Pack: 1 t-shirt, 1 baseball cap, and 1 Barq's plush. T-shirt sizes to be determined by Sponsor in its sole discretion. ARV: $46. Odds of winning an Instant Win Game prize are based on the number of eligible Instant Win Game plays during the Promotion Period, divided by the number of Instant Win prizes. For all prizes: Actual value of any prize (or prize component) listed above may vary depending on availability, changes in technology and/or market fluctuations. Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor's sole discretion. Winners are solely responsible for all federal, state, and local taxes and other fees associated with prize receipt and use. The manufacturer of each prize is not a sponsor nor endorses the Promotion. No other substitution, assignment or transfer of prizes permitted, except by Sponsor, who reserves the right to substitute a prize with another prize of greater or equal value. The total ARV of all prizes: $15,600. Limit: One (1) Instant Win Game Prize and one (1) Sweepstakes Prize per person. 9. Publicity: Except where prohibited, participation in the Promotion constitutes winner's consent to Sponsor's use of winner's name, likeness, voice, opinions, biographical information, hometown and state for promotional purposes in any media, without further payment or consideration. 10. General Conditions: Sponsor reserves the right to cancel or modify the Promotion if fraud, technical failures or any other factor beyond Sponsor's reasonable control impairs the integrity of the Promotion, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to award the prizes at random from among the eligible entries received up to the time of the 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 Promotion 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 web site or undermine the legitimate operation of the Promotion is a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages and costs (including without limitation attorneys' fees) 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. 11. Release: By entering this Promotion, entrant agrees to release and hold harmless, The Coca-Cola Company, Beverage Partners Worldwide (North America), Coca-Cola Bottlers, A Simple Theory, LLC., Fair Isaac Corporation, ePrize, LLC, and their respective related companies, parents, subsidiaries, affiliates, and their respective agents and agencies, ("Released Parties") from and against any claim or cause of action arising out of participation or attempt to participate in the Promotion or receipt or use of any prize. 12. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (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 entry process or the Promotion; (4) technical or human error which may occur in the administration of the Promotion or the processing of entries; or (5) 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 Promotion or receipt or use or misuse of any prize. 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 entry in the Sweepstakes or Instant Win Game play, provided that if it is not possible to award another entry due to discontinuance of the Promotion, or any part of it, for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules 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, unawarded, eligible prize claims. 13. Disputes: Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Promotion, or any prizes awarded, other than those concerning the administration of the Promotion or the determination of winners, 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; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys' fees; and (iii) 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 Promotion, 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. 14. Entrant's Personal Information: Information collected from entrants is subject to the Sponsor's Privacy Policy (http://www.barqs.com/help/privacypolicy.html). 15. Winner List/Official Rules: Winner list for prizes and/or a copy of these Official Rules may be obtained by sending a self-addressed, stamped envelope to "Barq's WANTED Promotion Winner List/Rules Request", c/o ePrize, LLC, P.O. Box 8070, Royal Oak, MI 48068-8070. Requests for winner list must be received before January 4, 2007. Vermont residents may omit return postage for rules request. |