Drive the Future + Fill It Forward Challenge Contest Rules
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE, LOCAL, AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED. THIS CONTEST IS GOVERNED BY U.S. LAW. DO NOT ENTER IF YOU DO NOT AGREE TO THE TERMS OF THESE OFFICIAL RULES.
Drive the Future: A Hyundai Experience, Fill it Forward Challenge (the “Contest”) is open only to pre-selected participating universities which include Pepperdine University, Loyola Marymount University, and Santa Clara University (each a “University” and collectively, “Universities”), as well as persons who are U.S. residents and at least 18 years of age and the age of majority in their jurisdiction at the time of participation, and are registered students or faculty of one of the Universities at time of entry (each University, student, and faculty member a “Participant” and collectively, the “Participants”). Employees of Hyundai Motor America and other companies associated with the promotion of the Contest, and their respective parents, subsidiaries, affiliates and advertising and promotion agencies as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible. The Contest is subject to federal, state, and local laws and regulations. Winning a Prize is contingent upon fulfilling all requirements set forth herein.
- Sponsor and Administrator
The Contest is sponsored by Hyundai Motor America, located at 10550 Talbert Avenue, Fountain Valley, California 92728-0850 (“Sponsor”).
The administrator of this Contest is Wellington, c/o Ginna Gutierrez, 7304 W 130th Street, Suite 370, Overland Park, Kansas 66213 (“Administrator”).
- Agreement to Official Rules
Participation in the Contest constitutes full and unconditional agreement to and acceptance of these Contest rules (“Official Rules”) and the decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon being compliant with these Official Rules and fulfilling all other requirements set forth herein.
- Contest Period
The Contest begins at November 4, 2019 at 12:00:01 AM Pacific Time (“PT”) and ends on November 22, 2019 at 11:59:59 PM PT (the “Contest Period”). The Sponsor’s computer, or that of its designee, runs the official clock for the Contest and will solely determine the time at which a scan occurs. Scans that take place before or after the Contest Period will not be counted in the Contest.
- How to Participate
In order for Contest participation to be valid, you must: (i) obtain an official Contest Cupanion (product of Green Menu Inc.) Fill it Forward™ Tag (“Tag”) from a University or Contest representative while they are offered on campus of a University; (ii) download and install the Cupanion Fill it Forward™ mobile app (the “App”); (iii) register an account on the App using your University specific email address ending in .edu; and (iv) utilize the App to scan your Tag when you refill your reusable water container.
Each University will be provided with an equal number of Tags. Each University’s athletics and/or sustainability department will be responsible for distributing the Tags to the University’s registered students and faculty. Each individual Participant is only permitted to scan the Contest Tag up to four (4) times per day, resetting each day after 11:59:59 PM coordinated universal time. Once an individual Participant has reached the maximum number of scans permitted in a given day, no additional scans from that day will be counted towards that individual Participant’s scan count and all such additional scans are void.
The maximum number of scans that can be counted towards a University’s total for any day during the Contest Period shall be equal to four times the number of Tags that have been distributed to the University prior to and including that day. Once the maximum number of scans for a University has been reached for any day during the Contest Period, no additional scans will be counted towards that University’s total scan count for that day and all such additional scans are void. The App is a free mobile application created by Green Menu, Inc. and is available in the Apple© App Store and Google© Play Store.
Any attempt by a Participant to obtain extra scans in excess of the permitted number of daily scans, or by utilizing machine or bot scanning or any other methods beyond individual scanning, will void all of that Participants’ attempted scans and the individual Participant may be disqualified. By participating in the Contest, you hereby warrant and represent that your actions conform to the above requirements.
The total quantity of scans for each Participant and each University will be tracked by the App, however, all scans are subject to verification for compliance with these Official Rules and may be adjusted accordingly. Sponsor’s and its designee’s decisions regarding the number of scans that qualify towards the Contest are final. Any leaderboards or other scan calculations are for reference purposes only and may not reflect the final scan totals, which shall be determined in the sole discretion of Sponsor and its designees.
Participants’ usernames, names, image, likeness, and biographical information may be used by Sponsor and its agents for socializing and promotion purposes during or after the Contest Period. Being selected for socializing and/or promotional purposes is unrelated to winning and does not imply or guarantee a prize or winning the Contest. The Sponsor reserves the right to screen, verify and/or evaluate the eligibility of Participants.
If you choose to download, access, and utilize the App data rates may apply according to the terms and conditions of your service agreement with your wireless provider. Each wireless provider’s rate plan may vary, and you should consult your wireless provider for pricing plan details.
At the end of the Contest Period, the Sponsor will determine the scan count based on the scan totals calculated by the App from all registered students or faculty Participants for each University, all of which are subject to verification and adjustment in accordance with these Official Rules. The University that had the highest number of total qualifying scans during the Contest Period based on the rules set forth herein and otherwise meets all of the requirements set forth herein will be awarded a $100,000 grant to be used towards a qualifying sustainability or environmental initiative of that University based on the criteria and evaluation listed below.
Tiebreaker. In the event of a tie, the winner will be the University that had the highest number of qualifying scans on the last day of the Contest Period among the Universities that are tied, or if the tie cannot be resolved based on the foregoing, then the winning University will be the University that was the first to reach that number on the last day of the Contest Period among the Universities that are tied. In the event that a tie cannot be resolved based on the scans from the last day of the Contest Period, the tiebreaker described in the preceding sentence shall be repeated, first by using the qualifying scans from the second to last day of the Contest Period, followed by the day before that, and so on, until a winner can be determined.
To qualify for the grant, the initiative of choice must be: (i) one that is part of the winning University’s programming or direct efforts; (ii) intended to have a positive impact on water sustainability or environmental sustainability; and (iii) currently underway or planned for execution within a one (1) year time period from the end of the Contest Period. Each University will be asked to identify its initiative of choice along with a secondary option and provide a summary of how it will positively impact water sustainability or environmental sustainability. The Sponsor will evaluate the identified initiatives for qualification based on the above criteria before awarding the grant money, which must be used for the identified initiatives only. The Sponsor is in no way responsible for oversight of the initiative or any related efforts.
A total of thirty six (36) individual prizes (“Individual Prizes”) will be awarded to individual Participants (i.e., twelve (12) Individual Prizes distributed to individual Participants at each of the three participating Universities) consisting of the following:
- Four (4) Rareform Ace Backpacks (“Backpacks”) per each University
- Four (4) Uncommon Goods Recycled Wetsuits Yoga Mats (“Yoga Mats”) per each University
- Four (4) Warby Parker Sunglasses (“Sunglasses”) per each University
The Individual Prizes will be awarded as follows:
- Overall Contest Scan Leader: The individual Participant from each University having the highest number of qualifying scans during the Contest Period will be awarded one of the Individual Prizes listed above, which shall be at Sponsor’s sole discretion.
- Weekly Scan Leader: The individual Participant at each University having the highest number of qualifying scans for each week during the Contest Period will be awarded one of the Individual Prizes listed above, which shall be at Sponsor’s sole discretion.
- Day Scan Leader: The individual Participant at each University having the highest number of qualifying scans on the days set forth below (each day beginning at 12:00:01 PT and ending at 11:59:59 PT) during the Contest Period will be awarded one of the Individual Prizes listed above, which shall be at Sponsor’s sole discretion:
- Nov 6, 2019
- Nov 9, 2019
- Nov 11, 2019
- Nov 13, 2019
- Nov 15, 2019
- Nov 18, 2019
- Nov 20, 2019
- Nov 22, 2019
In the event of a tie for any Individual Prize, the winner will be selected by random drawing among those Participants who are tied. Limit one (1) Individual Prize per individual Participant during the Contest. The Approximate Retail Value of the Backpacks is between $56.00 and $68.00 U.S. Dollars. The Approximate Retail Value of the Yoga Mats is between $66.00 and $89.00 U.S. Dollars. The Approximate Retail Value of the Sunglasses is between $95.00 and $145.00 U.S. Dollars. Actual retail value may vary. Winner will not receive difference between approximate and actual retail value. No prize substitution whatsoever by potential winner. Sponsor reserves the right to substitute any portion of any prize with a prize of equal or greater value. Prize is non-transferable; no cash redemptions, exchanges or resales allowed except in the Sponsor’s sole discretion. Winner is solely responsible for filing all required tax forms and returns and all federal, state and local taxes and other fees associated with prize receipt and use. Any portion of the prize not accepted or unclaimed by a winner will be forfeited for which no consideration will be awarded. All unspecified costs and expenses associated with the acceptance or use of the prize are the sole responsibility of winner. Unclaimed prizes will not be awarded. Individual Participants will be required to provide a valid home street address to receive an Individual Prize.
The odds of winning an Individual Prize in the event of a tie depends on the number of Participants that were tied for the relevant Individual Prize.
The Sponsor’s decisions on all matters pertaining to evaluation, administering and/or interpreting the rules of this Contest are final, including without limitation, any decisions regarding the number of scans that qualify for the Contest for any Participant or University.
- Winner Notification and Prize Fulfillment
The contact designated by the potential winning University (e.g., the head of the University’s sustainability department) will be notified by email on or about November 29, 2019. Grant monies will be distributed to the University within sixty (60) days of Sponsor’s approval. Payment distribution method will be based on winning University and Sponsor agreement but will be at the final discretion of the Sponsor. The potential winning University will be required to sign and return an Affidavit of Eligibility and Release of Liability/Publicity Form prior to becoming the winner.
Potential Individual Prize winner(s) will be notified by a message within the App, or through the contact information provided in connection with the App. Each potential Individual Prize winner will be asked to provide their email address and residential address. The potential Individual Prize winners may be sent or emailed and required to sign and return a Declaration of Eligibility and Release of Liability/Publicity Form, and a W9 form or W8 BEN form within the time period stated in the letter accompanying the Declaration/form. Sponsor/Administrator’s communication to Prize winner will include specific deadlines to complete and return required documents.
If the potential winner of any prize cannot be contacted within five (5) days after the date of the first attempt to contact the potential winner, the Sponsor may select an alternate potential winner in the potential winner’s place at random from the remaining non-winning, eligible Participants. Noncompliance to return required documents by stated deadlines, return of any prize/prize notification, or if a potential prize winner is found to be ineligible, or does not comply with these Official Rules, such potential prize winner may be disqualified and forfeit prize. In that event, the prize will be awarded to an alternate Participant at the Sponsor’s sole discretion.
- General Conditions
In the event that the operation, security, or administration of the Contest is impaired in any way for any reason, including, but not limited to fraud, virus, bug, worm, unauthorized human intervention or other technical problem, or in the event the Contest is unable to run as planned for any other reason, as determined by Sponsor in its sole discretion, the Sponsor may, in its sole discretion, either (a) suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules or (b) terminate the Contest and, in the event of termination, award the prizes at random from among the eligible, non-suspect number of qualifying scans 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 participation process or the operation of the Contest or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Sponsor reserves the right to prohibit the participation of an individual if fraud or tampering is suspected, or if the individual fails to comply with any requirements of participation as stated herein or with any provision in these Official Rules. Any attempt by any person to damage the App or undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages (including attorney’s fees) and any other remedies from any such person to the fullest extent permitted by law. Should a dispute arise regarding the identity of any Participant, the authorized account holder of the account used to participate will be considered the Participant. “Authorized account holder” is defined as the natural person who is assigned to the e-mail address used to register an account with the App. Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision.
- Release and Limitations of Liability; Disclaimer of Warranties
By participating in the Contest, Participants agree to release, indemnify, and hold harmless the Sponsor, Administrator, Green Menu, Inc., and Innocean Worldwide Americas, LLC, and each of their respective parents, subsidiaries, affiliates, advertising and promotion agencies, other companies associated with the Contest and each of their respective officers, directors, employees, shareholders, representatives, and agents (the “Released Parties”) from and against any claim, cause of action, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of participation in the Contest or receipt or use of the prize (including any travel or activity related thereto), including, but not limited to: (a) any technical errors associated with the Contest, including lost, interrupted or unavailable Internet Service Provider (ISP), network, server, wireless service provider, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone, cellular tower or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; (b) unauthorized human intervention in the Contest; (c) mechanical, network, electronic, computer, human, printing or typographical errors; (d) any other errors or problems in connection with the Contest, including, without limitation, errors that may occur in the administration of the Contest, the announcement of the winner, or in any Contest-related materials; or (e) injury, death, losses or damages of any kind, to persons or property which may be caused, directly or indirectly, in whole or in part, from participation in the Contest or any Contest-related activity, or acceptance, receipt or misuse of the prize (including any travel or activity related thereto) 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 and/or merchandise delivery; or (f) arising out of Participant’s breach of these Official Rules or Participant’s representations and warranties.
Participants further agree that in any cause of action, the Released Parties’ liability will be limited to the out-of-pocket costs actually incurred in connection with entering and participating in the Contest, and in no event shall the Participant be entitled to receive attorney’s fees. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site or App users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Participants waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
The Released Parties are not responsible if Contest cannot take place or if any prizes cannot be awarded due to the lack of participation which conforms to the Official Rules, failure to receive any documentation required by Sponsor or these Official Rules, or due to cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, weather, acts of terrorism or any other cause outside Sponsor’s reasonable control. Without limiting the foregoing and to the maximum extent permitted by law, 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.
Except where prohibited, each Participant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate state and federal courts located in or closest to Orange County in California. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, Participant rights and obligations, or the rights and obligations of the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of California, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than California.
Participation in the Contest will be deemed to be express consent to receive commercial electronic messages from Sponsor and/or Administrator, and to use personal information for purposes of administration of the Contest. Personal information may be used to: (A) contact Participants regarding the Contest in response to you soliciting such messages by entering the Contest; (B) publish a Participant’s name and participation information in a Winners List, if they should win.
- Winner’s List
To receive the names of the winners send a self-addressed, stamped envelope to Drive the Future: A Hyundai Experience, Fill it Forward Challenge Winner’s List c/o Wellington ATTN: Ginna Gutierrez, 7304 W 130th Street, Suite 370, Overland Park, Kansas 66213 by December 31, 2019.
Fill it Forward is registered trademark of Green Menu, Inc.