Happy Holidave’s Giveaway

Happy Holidave’s Giveaway - Rules

Coca-Cola® Presents
Happy Holidave’s Giveaway
OFFICIAL RULES

NO PURCHASE OR STORE VISITATION NECESSARY TO ENTER, PLAY, OR TO WIN.
A PURCHASE OR STORE VISITATION WILL NOT INCREASE YOUR CHANCES OF WINNING.

THE PROMOTION IS OPEN ONLY TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES OR THE DISTRICT OF COLUMBIA WHO ARE EIGHTEEN (18) YEARS OF AGE OR OLDER AT TIME OF ENTRY.

VOID OUTSIDE THE GEOGRAPHIC ELIGIBILITY LISTED ABOVE AND WHERE PROHIBITED.

1) PROMOTION DESCRIPTION: The Happy Holidave’s Giveaway (the “Promotion”) starts on November 26, 2024 at 12:00:00 AM Eastern Time (“ET”) and ends on December 24, 2024 at 11:59:59 PM ET (the “Promotion Period”). The Promotion consists of both an Instant Win Game (the “Game”) and a Sweepstakes (the “Sweepstakes”). The Administrator’s computer is the official time-keeping device for the Promotion.

2) ELIGIBILITY: The Promotion is open only to legal residents of the fifty (50) United States or the District of Columbia who are 18 years of age or older at the time of game play/entry (as defined below in Rule #3). Employees and non-employee workers of The Coca-Cola Company (the “Sponsor”), Coca-Cola Bottlers, Dave’s Hot Chicken Franchise Co., Speedway Motorsports, LLC, National Association for Stock Car Auto Racing, LLC (“NASCAR”), Marden-Kane, Inc. (the “Administrator”), and each of their parent companies, affiliates, subsidiaries, advertising, promotion, and internet agencies, prize providers, suppliers and any other companies engaged in the development, administration, production, fulfillment or distribution of materials for this Promotion (collectively the “Released Entities”) and each such employee’s immediate family member and/or those living in the same household of each are not eligible to enter or win a prize. Each entrant (the “Entrant” or “Participant”) by participating in the Promotion agrees to be bound by these Official Rules and by the Sponsor’s and/or Administrator’s decisions, which are final and binding in all matters related to this Promotion. This Promotion is subject to all applicable federal, state, and local laws and regulations. Void outside the geographic eligibility listed above and where prohibited or restricted by law.

3) INSTANT WIN GAME PLAY: There are two ways to play:

A) Via Restaurant Visitation (no purchase necessary):
To receive a Game piece, while supplies last, visit a local Dave’s Hot Chicken restaurant (for locations, visit https://daveshotchicken.com/locations) during regular operating hours throughout the Promotion Period. Limit of one (1) Game piece request per restaurant visit.

B) Via Mail (without restaurant visitation):
To receive a Game piece, while supplies last, without making a restaurant visitation send a self-addressed, stamped envelope to “Dave’s Holiday Giveaway Game piece, PO Box 488, Syosset, NY 11791-0488”. Limit of one (1) Game piece request per envelope. All Game piece requests must be postmarked by December 24, 2024 and received by December 30, 2024. Game piece requests that are illegible, incomplete, postage due, late, or inaccurate are void. No correspondence will be acknowledged or entered into; requests for confirmation of receipt of Game piece requests will not be acknowledged.

Upon completion of either A or B above, scratch off the perforated area on the Game piece. If the message states “YOU HAVE WON”, you are the potential winner of the prize indicated (subject to verification). If the Game piece does not contain a prize winning message, you are not an instant winner. Present the perforated Game piece at your local Dave’s Hot Chicken for verification and to redeem your prize. All verified Game piece prizes must be redeemed by the local time each Dave’s Hot Chicken location closes on January 31, 2025. Any Game piece that is reproduced, illegible, tampered with, mutilated, changed in any way, or contains typographical errors, is void and ineligible.

Odds of winning a Game prize in the Promotion are 1:15. The number of Game prizes available to be won will decrease during the Promotion Period as prizes are awarded and claimed. No more than the listed number of Game prizes will be awarded. Unclaimed Game prizes will not be awarded. If for any reason, including but not limited to an administrative, printing, production or other error or due to incorrect announcements of any kind, more winning Official Game pieces are distributed or more prizes are claimed than are intended to be awarded for any prize level according to these Official Rules, intended prizes will be awarded in a random drawing from among all verified prize claims received for that prize level. In no event will Sponsor be obligated to award more than the stated number of prizes. In the event of a printing, production or other error or irregular Game piece neither the Sponsor nor its respective agents and agencies shall have any liability.

4) HOW TO ENTER THE SWEEPSTAKES: NO PURCHASE OR RESTAURANT VISITATION NECESSARY. During the Promotion Period, access the online entry form by scanning the Quick Response (“QR”) code found on your Game piece or on advertising materials at participating Dave’s Hot Chicken retail locations with your web-enabled mobile device. Alternatively, go to www.happyholidavesgame.com and follow the instructions to complete and submit the online entry form. As part of the Sweepstakes entry process, Entrants will be required to indicate that they have read, accept, and agree to be bound by these Official Rules. By completing and submitting the required information the Entrant will receive one (1) entry into the Sweepstakes (the "Entry"). Limit of one (1) Entry per person per day. For the purpose of this Promotion, a day is defined as the calendar day beginning at 12:00 AM ET and ending the same day at 11:59 PM ET. Entries received in excess of the limits stated herein will be void. Any entry information collected for/from the Sweepstakes shall be used only in a manner consistent with these Official Rules.

5) SWEEPSTAKES RANDOM DRAWING: A random drawing will be conducted on or about December 26, 2024 from amongst all eligible Entries received in the Sweepstakes (“Random Drawing” or “Drawing”). The Drawing will be conducted by the Administrator, an independent judging organization, whose decisions are final and binding on all matters relating to this Promotion. Potential winners are subject to eligibility verification and compliance with these Official Rules. Odds of winning depend on the total number of eligible Entries received.

6) PRIZES, APPROXIMATE RETAIL VALUES (“ARV”), AND RETAIL VALUES (“RV”): One Hundred Sixty Thousand (160,000) Total Game Prizes and Three Hundred Eleven (311) Total Sweepstakes Prizes will be awarded in the Promotion as follows:

Instant Win Game prizes:

Ninety-Six Thousand (96,000): A Slusher. ARV: $3.69 each.
Thirty-Two Thousand (32,000): A Top Loaded Shake (regular size). ARV: $6.99 each.
Thirty-Two Thousand (32,000): Cheese Fries (regular size). ARV: $4.99 each.

Sweepstakes:

One (1) Grand Prize: A 3-day/2-night Ultimate Race Weekend Experience at the NASCAR Cup Series Pennzoil® 400 race at the Las Vegas Motor Speedway (Las Vegas, Nevada), for the winner and up to three (3) guests, from March 15 to March 17, 2025. The Grand Prize will include 2-nights’ hotel accommodations of Sponsor’s choosing (two (2) rooms, double occupancy), roundtrip coach airfare awarded in the form of four (4) Delta Air Lines vouchers, four (4) grandstand tickets, four (4) VIP Cup Series Garage Access Credentials, and a meet and greet, for the winner and guests, with a member of the Coca-Cola Racing Family (as solely determined by the Sponsor; subject to availability). ARV: $5,200.
Ten (10) First Prizes: Dave’s for a Year (fulfilled via Dave’s Gift Card). RV: $1,500 each.
Two Hundred (200) Second Prizes: Dave’s Merchandise (as solely determined by the Sponsor). ARV: $200 each.
One Hundred (100) Third Prizes: A $50 Dave’s Gift Card. RV: $50 each.

Total ARV of all Game prizes: $737,600. Total ARV of all Sweepstakes Prizes: $65,200. Total ARV of Game and Sweepstakes Prizes to be awarded in the Promotion: $802,800. Odds of winning a prize in the Sweepstakes depend upon the total number of eligible Entries received. Limit of one (1) Sweepstakes Prize per household.

7) GENERAL PRIZE RESTRICTIONS: Gift Cards are subject to the terms and conditions specified by the issuer. No substitutions, cash equivalents, or transfer of prize permitted except at the sole discretion of the Sponsor, who reserves the right, where legally permissible, to substitute a prize (or portion thereof) with one of comparable or greater value, except as otherwise provided herein. Prize may not be sold, bartered or exchanged by the winner. Released Entities are not responsible for damage to a prize or loss of a prize after the prize has been delivered to a confirmed winner. Sponsor and Administrator make no warranties, and hereby disclaim any and all warranties, expressed or implied, concerning any prize furnished by third parties in connection with the Sweepstakes. At Sponsors’ sole discretion, prize may vary from what has been advertised, pictured, etc. All prize details not specified in these Official Rules will be determined solely by the Sponsor. Sponsor will not provide any transportation to/from the event. All Sweepstakes prizes will be fulfilled by the Sponsor 4 to 6 weeks after winner verification.

8) GRAND PRIZE RESTRICTIONS: Tickets are subject to terms and conditions specified by the issuer, and winner and guest(s) agree to comply with such terms and conditions as well as with all event and venue rules and regulations. Exact location of seats to be determined solely by Sponsor.

Airline vouchers are valid only on Delta Air Lines operated, published, scheduled service only from the airport nearest the winner's residence served by Delta within the contiguous United States. If the winner does not live in a city served by Delta Air Lines, the winner is responsible for transportation to and from the nearest airport served by Delta Air Lines. Airline vouchers will not be refunded or redeemed for cash or credit at any time and are subject to all terms and conditions of use as established by Delta Air Lines. Expiration dates will not be extended. Certain restrictions may apply. The Released Entities are not responsible for any travel-related delays, cancellations, or re-routing.

The Grand Prize will be forfeited if: (1) winner is not available to travel on the date specified by the Sponsor; or (2) proper travel documents (e.g., photo id, passport, etc.) are not obtained by the prize winner by the date specified by the Sponsor. The prize winner and his or her travel companions must travel together on the same itinerary. The prize winner and his/her guests are bound by the terms and conditions of all airlines and other third-party service providers used in connection with the prize.

Trip components are subject to change without notice. A deposit or payment in advance, or presentation of a credit card by the prize winner, may be required at the time of check-in at the hotel. Unless otherwise noted, any hotel cancellations or changes to hotel reservations after confirmation must be made with the hotel directly, and the prize winner is solely responsible for any charges or fees arising from changes made directly with the hotel. Guest(s) traveling with the Grand Prize winner must, at time of Grand Prize fulfillment, be at least 21 years of age unless they are the child of a Grand Prize winner, in which case the parent or legal guardian of such minor travel companion(s) must sign and return a release on their behalf. The Grand Prize winner and the Grand Prize winner’s guests are solely responsible for obtaining any travel insurance (and all other forms of insurance) that they wish to obtain at their own expense and hereby acknowledge that the Sponsor and Administrator have not and will not obtain or provide travel insurance or any other form of insurance. Grand Prize winner and his/her guests agrees that the Released Entities are not responsible in any way for any additional expenses, omissions, delays or re-routing resulting from any acts of any government or authority and acknowledge that they are solely responsible for any actions, claims or liabilities of their guests related to any Sweepstakes or prize-related activity, including, without limitation, any actions, claims or liabilities related to a guest’s use of the prize. Sponsor is not responsible if tickets, wristbands, etc. are lost, stolen, or misplaced or if any booked transportation is missed for any reason by the prize winner or their guest and none will be replaced.

The Released Entities reserve the right, at their discretion, to remove or to deny entry of any prize winner or prize winner's guests who engages in a disorderly or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person at any event while at the prize-related event. Exact dates and locations are subject to change and are at the sole discretion of the Sponsor.

If the Prize event, in part or in its entirety, is unable to take place as planned for reasons including, but not limited to, scheduling conflicts, cancellations, postponements, delays, an event of force majeure (any acts of God, natural catastrophes, public enemies, war, acts of terrorism, civil commotion, riot, strikes or labor difficulties, lockout, judicial or government order, or other requirement of law, or national emergencies or any other cause beyond the Released Entities reasonable control), an unforeseeable health event (e.g., pandemic or epidemic), or for any other reason whatsoever, then the Released Entities will have no obligation to award compensation in lieu thereof.

9) POTENTIAL SWEEPSTAKES WINNER NOTIFICATION AND CLEARANCE: The Potential winners will be contacted by the Administrator via email and may be required to complete, sign, and return the following documents (collectively, the “Documents”): [1] an Affidavit of Eligibility and Liability Release and where legal, a Publicity Release; [2] IRS Form W-9 to include winner’s social security number that will be used only for the purpose of reporting the winner’s prize earnings to the Internal Revenue Service (as required for winner of a prize valued at Six Hundred Dollars ($600) or more); and [3] a Travel Release (for the Grand Prize winner and his/her guests). If a Potential winner (i) cannot be contacted after a reasonable attempt has been made by Administrator (as determined in Sponsor’s sole discretion); or (ii) fails to return the completed Documents by the date stated in the notification letter/email; or (iii) refuses the prize; or (iv) the prize or prize notification is rejected or returned as undeliverable, then such Potential winner will be disqualified and forfeits all rights to be deemed a winner and an alternate Potential winner will be notified, time permitting. Upon prize forfeiture, no compensation will be given.

10) OTHER INFORMATION: All federal, state, and other tax liabilities arising from a prize are the sole responsibility of the prize winner. Sponsor and/or Administrator will not enter into any correspondence with non-winning Entrants. The Official Rules prevail should there be any conflict or uncertainty relating to the Promotion based on information or advice provided by any of the Released Entities.

11) CONDUCT: By entering into this Promotion and/or receiving a prize, Entrants and the prize winners agree to be bound by these Official Rules and waive any rights to claim ambiguity in the Promotion or these Official Rules. These Official Rules are accessible at www.happyholidavesgame.com throughout the Promotion Period. Failure to comply with these Official Rules will result in disqualification. The Sponsor reserves the right, at it’s sole discretion, to disqualify any individual: (a) suspected of tampering with the entry process or the operation of the Promotion; (b) to be acting in any manner deemed by the Sponsor to be in violation of the Official Rules; (c) to be acting in any manner deemed by the Sponsor to constitute unsportsmanlike or disruptive behavior, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT BY A USER OR ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVE THE RIGHT TO SEEK DAMAGES AND COSTS (INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

12) LIMITATIONS OF LIABILITY: The Released Entities, assume no responsibility or liability for (a) any incorrect or inaccurate entry information, or for any lost, late, illegible, stolen, incomplete, invalid, unintelligible, misdirected, faulty, failed, garbled or jumbled electronic data transmissions; (b) any unauthorized access to, or theft, destruction or alteration of Entries at any point in the operation of this Promotion; (c) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, computers/mobile devices or providers utilized in any aspect of the operation of the Promotion; (d) inaccessibility or unavailability of the Internet or any combination thereof; or (e) any injury or damage to the Participant’s or to any other person's computer which may be related to or resulting from any attempt to participate in the Promotion or download any materials from the Promotion. If, for any reason, the Promotion is not able to run through completion for reasons which may include, without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, including any other factors beyond the Sponsor’s reasonable control such as a Force Majeure (e.g., war, riots, terrorism, civil unrest, strikes, blackouts, supply shortages, order of governmental authority,) an “act of God” (e.g., natural disasters, weather, etc.) or an unforeseeable health event (e.g. pandemic or epidemic), then the Sponsor reserve the right, in its sole discretion, to cancel, terminate, modify or suspend the Promotion in whole or in part, without further liability to the Entrants or third parties. In the event the Promotion is cancelled, the Sponsor reserve the right to award prizes in a random drawing from among all eligible non-suspect Entries received prior to the time of the action or event warranting such cancellation. With regard to this Promotion, the Sponsor will only contact those Entrants deemed as potential winners for purposes of clearance and awarding of the prize. These Official Rules prevail should there be any conflict or uncertainty relating to the Promotion based on information or advice provided by any of the Released Entities.

13) ENTRANT AND WINNER RELEASES: All Entrants, as a condition of entry into the Promotion, agree to release and hold harmless the Released Entities from and against any and all liability, loss, claims, demands or actions of any kind whatsoever for injuries, damages, costs, or losses to persons or property which may be sustained in connection with: (a) accessing the online entry form; (b) submitting an entry or otherwise participating in any aspect of the Promotion; (c) the acceptance, receipt, ownership, use or misuse of any prize awarded; (d) any typographical or other error in these Official Rules or the announcement of the offering of the prize; or (e) any claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property-related cause of action. Each prize winner recipient shall bear all risk of loss or damage to the prize after it has been delivered.

Entrants agree to be bound by these Official Rules and consent to the use of their names, address, photographs, any statements made by Entrants, actual or simulated likenesses, and/or biographical information for public relations, advertising and promotional purposes in perpetuity, throughout the universe, by Sponsor and its designees in any and all media, whether now known or hereafter devised, without notice or further compensation, unless prohibited by law.

14) PRIVACY: By entering the Promotion, you grant the Released Entities permission to use your personal information in accordance with the Sponsor’s privacy policy located at https://us.coca-cola.com/privacy-policy/. By participating in the Promotion, Entrants hereby acknowledge that they have read and accepted the Sponsor’s privacy policy. Information collected from Entrants (such as name, postal address, telephone and email address) will not be re-used, sold or shared in any manner by the Sponsor or any third parties unless Entrant has opted-in to receive additional information and marketing or promotional material from the Sponsor or a third party.

15) GENERAL: Any attempt by a person to use multiple e-mail accounts to enter more than once into the Sweepstakes will result in disqualification. Sweepstakes entries will be deemed made by the authorized account holder of the e-mail address used at time of Entry. In the event of a dispute over who submitted a winning Entry, the authorized account holder of the e-mail address attached to that winning Entry will be declared the winner. “Authorized Account Holder” is defined as the natural person assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization responsible for assigning e-mail addresses for the domain associated with the e-mail address in question. Potential winner may be asked to provide Sponsor with satisfactory proof that he/she is the Authorized Account Holder of the e-mail address associated with a potentially winning Entry. Entry generated by a script, macro or other automated means will be disqualified. Entries that are incomplete, illegible or corrupted are void and will not be accepted.

16) DISPUTES AND GOVERNING LAW: This Promotion is conducted in English (which will be given its everyday ordinary meaning), and Entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prizes awarded shall be resolved individually, without resorting to any form of class action, and exclusively by the United States District Court for Atlanta, Georgia or the appropriate Georgia State Court; and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in the Promotion, but in no event attorneys' fees. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the participant and Sponsor’s in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Georgia, without giving effect to any choice of law or conflict of law rules (whether of the State of Georgia or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Georgia.

17) WINNER’S LIST: To receive a copy of the Sweepstakes winner’s list, available after January 31, 2025, send an email with subject line: "Happy Holidave’s Giveaway" to winnerslist@mardenkane.com. All such requests must be received by February 28, 2025.

18) SPONSOR AND ADMINISTRATOR: Sponsor: The Coca-Cola Company, One Coca-Cola Plaza, Atlanta, GA 30313. The Administrator is Marden-Kane, Inc., 575 Underhill Blvd., Suite 222, Syosset, NY 11791.

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

Dave’s Hot Chicken Franchise Co., Speedway Motorsports, LLC, and National Association for Stock Car Auto Racing, LLC are not sponsors of the Promotion.

NASCAR®, NASCAR Cup Series Playoff™ are trademarks of the National Association for Stock Car Auto Racing, LLC, used with expressed permission.