Challenges Terms & Conditions
PROPEL FITNESS WATER’S #SHOWYOURJOWO CHALLENGE CONTEST
NO PURCHASE OF ANY KIND IS NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. INTERNET ACCESS IS REQUIRED.
BY SUBMITTING AN ENTRY TO THIS CONTEST DURING THE CONTEST PERIOD, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. AMONG OTHER THINGS, THIS CONTRACT INCLUDES INDEMNITIES FROM YOU TO THE RELEASED ENTITIES AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
ENTRY VIA TIKTOK ONLY. A TIKTOK ACCOUNT AND INTERNET CONNECTION ARE REQUIRED. THE CONTEST IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY TIKTOK INC.
ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ELIGIBLE ENTRIES RECEIVED. THE CONTEST IS ONLY OPEN TO LEGAL RESIDENTS OF THE UNITED STATES RESIDING IN ONE (1) OF THE FIFTY (50) UNITED STATES OR THE DISTRICT OF COLUMBIA WHO ARE AT LEAST 18 YEARS OF AGE. VOID WHERE PROHIBITED BY LAW OR RESTRICTED BY LAW.
CONTEST PERIOD: The Propel Fitness Water’s #ShowYourJOWO Challenge begins May 3, 2022, at 12:00 a.m. Eastern Daylight Time (“EDT”) and ends on May 31, 2022, at 11:59 p.m. EDT (“Contest Period”). The computer clock of the Administrator is the official time-keeping device in the Contest. By participating, participant (“Participant”) agrees to be bound by these Official Rules and the decisions of Pepsi-Cola Company (the “Sponsor”), which are binding and final on matters relating to this Contest.
ELIGIBILITY: Contest is open only to legal residents of the United States residing in one (1) of the fifty (50) United States or District of Columbia (NOT including residents of Puerto Rico or other U.S. Territories), who are at least eighteen (18) years of age (19 in AL/NE) at time of Entry. Employees, officers and representatives of the Sponsor, Southern Made (the “Administrator”), and each of their respective parents, subsidiaries and affiliates and if applicable, their advertising or promotion agencies, program prize suppliers, any other companies engaged in the development, production, or distribution of materials for the Contest, and members of their immediate families as defined below, of each, and those persons living in the same households, whether or not related, are not eligible to participate in the Contest. “Immediate family members" shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses, and their respective spouses. "Household members" shall mean people who share the same residence at least three (3) months a year. Winning a Prize is contingent on fulfilling all requirements in these Official Rules. All federal, state and local laws and regulations apply. Void where prohibited or restricted.
HOW TO ENTER: During the Contest Period, create an original video at least fifteen (15) seconds and no longer than three (3) minutes in length that shows the Participant’s joy of working out, shows the Participant in movement, and exhibits the Participant’s fitness style (“Entry”). Create or log in to your TikTok account. Add a text overlay to your video that displays the hashtags #ShowYourJOWO and #Contest and tags @PropelWater or clearly states at the beginning of your video that the video is an entry in the Propel Fitness Water’s #SHOWYOURJOWO Challenge Contest. Include the “#ShowYourJOWO” Sound and Branded Effect. Submit video in English via TikTok to receive one (1) Entry into the Contest.
All qualifying Contest Entries may be published on Sponsor websites, social media platforms, email newsletters, and/or any other Sponsor marketing media.
This Contest is in no way sponsored, endorsed, administered by, or associated with the social media platforms where content may be posted or shared.
Limit 1 (one) Entry per person per Contest Period.
REQUIREMENTS OF VIDEO ENTRIES:
Once an Entry is submitted, it cannot be modified in any manner by Participant. Each Entry received from any person or email address in excess of the above stated limitation will be deemed void. Each Entry will be deemed to have been submitted by one (1) Participant, regardless of the number of people who might appear in or otherwise help create an Entry. In the event of any dispute concerning the identity of any Participant, the Entry will be deemed submitted by the natural person who is the authorized holder of the transmitting user account. Sponsor’s computer is the official time keeping device for the Contest. Entries generated by script, macro or other automated means and Entries by any means which subvert the entry process, in the sole discretion of Sponsor, are void. Sharing “Entry(ies)” on social channels will not increase your chance(s) of winning.
By submitting an Entry, each Participant acknowledges and agrees that Sponsor may obtain many Entries in connection with this Contest and/or other Promotions staged and/or sponsored by the Sponsor, and that such Entries may be similar or identical in theme, idea, format or other respects to other Entries submitted in connection with this Contest and/or other Promotions sponsored by the Sponsor or submitted for other reasons or other materials developed by the Sponsor. Participant waives any and all claims Participant may have had, may have, and/or may have in the future, that any Entry and/or other works accepted, reviewed and/or used by the Sponsor (or its respective designees) may be similar to his/her Entry, or that any compensation is due to Participant in connection with such Entry or other works used by Sponsor.
By submitting an Entry, each Participant agrees to grant Sponsor and its assignees the use of Participant’s name, biographical information, voice, performance, photograph, video, image and/or likeness for programming, advertising, publicity and promotional purposes in any and all media, now or hereafter known, worldwide and on the Internet, and in perpetuity by Sponsor and its assignees, without compensation (except to the extent prohibited by law) or additional consents and without prior notice, approval or inspection, and to execute specific written consent to such use if asked to do so. In addition, if any other persons appear in a video or photo or any part of an Entry, Participant agrees that prior to submitting the Entry, Participant has obtained the written consent of each such person who appears, granting Sponsor and its assignees the use of each person’s name, biographical information, voice, performance, photograph/video, image and/or likeness for programming, advertising, publicity and promotional purposes in any and all media, now or hereafter known, worldwide and on the Internet, and in perpetuity by Sponsor and its assignees, without compensation (except to the extent prohibited by law) or additional consents and without prior notice, approval or inspection, and to execute specific written consent to such use if asked to do so. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any Participant at any time. Failure to provide such proof, if requested, may result in disqualification, at Sponsor’s sole discretion.
- Participant may not contract with, or pay for, any outside consulting firm, agency, or other service for any assistance or guidance in the creation of the Entry.
- The Entry must consist solely of the original creation of the Participant.
- The Entry must be in English
- The Entry must be no more than 15 MB and 3 minutes long
- Participant must be the author of all of the content presented in the video.
- The Entry must not have been previously published in any medium (excluding any social media site) or submitted in any other competition.
- Except for the use of the #ShowYourJOWO Sound, the Submission must be your original work.
- The Participant represents and warrants that the Entry is suitable for display or publication
All Entries will be reviewed for content before being judged; however, such review does not relieve the Participant from responsibility for compliance with all of these Official Rules. Entries that do not comply with these Official Rules or that otherwise contain prohibited, or inappropriate contents as determined by Sponsor, in its sole discretion, will be disqualified and will not be considered for any prize. Sponsor in its sole and absolute discretion, makes the final determination as to which Entries are eligible to take part in this Contest and be considered for a prize.
CONTEST JUDGING: The potential Winners will be selected in two (2) judging phases at the end of the Contest Period. In each phase, eligible Entries will be judged on the criteria set forth below. Contest Entries will be judged by a panel of marketing, and/or advertising professionals in both phases. Winners will be selected from all eligible Entries.
Contest Phase 1: For each Entry Period, all eligible Contest Entries received by Sponsor will first be judged by the Administrator based on the following criteria (the “Judging Criteria”):
- Movement – The Entry shows the Participant in movement (40%),
- Relevancy/Inspiration – The Entry is conveys your fitness style in a way that is impactful or inspirational (15%),
- Originality – The Entry is original or unique (15%),
- Entertainment Value – The Entry has a high level of excitement and intensity (15%),
- Clear Articulation – The Entry is clearly articulated and communicated (15%).
Subject to verification of eligibility and compliance with these Official Rules, the twenty-five (25) Contest Entries with the highest overall scores will be deemed finalists (“Finalist Entries”) and will advance to Phase 2. In the event of a tie, the Entry(ies) with the highest score in the Relevancy/Inspiration criterion will be determined a Finalist Entry. In the event of a further tie, the Administrator will re-judge the tied Entries until the Finalist Entries have been fulfilled. Sponsor reserves the right to advance fewer than twenty-five (25) Contest Finalist Entries to Phase 2 if, in its sole discretion, it does not receive a sufficient number of eligible Entries throughout the Contest Period.
Contest Phase 2: For each Entry Period, The Contest Finalist Entries will be judged based on the Judging Criteria provided above by a separate panel of judges consisting of Sponsor’s representatives. The Contest Finalist Entries with the ten (10) highest scores will be declared the potential Winners. In the event of a tie, the Finalist Entry with the highest score in the Relevancy/Inspiration criterion will be determined the potential Winner of the applicable prize. In the event of a further tie, the Sponsor’s judges will re-judge the tied Finalist Entries until the Winners have been fulfilled.
CONTEST WINNER NOTIFICATION AND REQUIREMENTS: Each potential Winner will be notified on June 20, 2022. On Jun 20, 2022 potential Winners will be notified by @PropelWater through TikTok only, and will be asked to follow @PropelWater and provide name, email, mailing address and date of birth to confirm eligibility and for prize fulfillment purposes within 3 days of the date notice or attempted notice is sent to claim the prize. The potential Winners will be required to sign and return an Affidavit of Eligibility, Waiver of Liability, Publicity Release Forms (where legal), or a Prize Acceptance Eligibility/Liability Release, which must be received by Sponsor within four (4) days of the notice or attempted notice is sent in order to claim a prize. If a potential Winner cannot be contacted, fails to respond to the TikTok notification as directed, or fails to provide the requested information (including a signed Affidavit, where applicable) within the required time period, the potential Winner forfeits the prize. If a potential Winner is disqualified for any reason, the prize may be awarded to a runner-up. Sponsor will use reasonably good faith efforts to award all ten (10) prizes by following the winner process described above. At Sponsor’s sole discretion, a runner-up Winner may be selected and notified for the applicable Prize. Limit of one (1) Sweepstakes Prize per person. Odds of winning will depend on the number of Sweepstakes Entries received during the Sweepstakes Period.
Winners understand and agree that Sponsor reserves the right to edit or otherwise revise each potential Winner’s Entry for any reason, including without limitation, creative reasons or technical reasons. Sponsor reserves the right to require Participant to return a signed hard copy of any documents, consents or releases referenced herein or as may be needed, in Sponsor’s sole determination, to reflect and effectuate the rights and releases granted hereunder. If any potential Winner is at least 18 but still considered a minor in his/her jurisdiction of residence, Sponsor reserves the right to award the prize in the name of his/her parent or legal guardian who will be responsible for fulfilling all requirements imposed on such potential Winner set forth herein. Sponsor reserves the right to conduct a background check of any and all records of potential Winners, including, without limitation, civil and criminal court records and police reports, and entry in the Contest constitutes Participant’s permission for Sponsor to conduct such background check, provided that, to the extent additional authorization is necessary under law, Winners shall authorize such check. Sponsor reserves the right (at its sole discretion) to disqualify any Winner based on the results of the background check (e.g., for any felony conviction or crime of moral turpitude), failure of the Winner to properly authorize such check, or for failure to complete any necessary documents, consents, or releases referenced herein as may be needed within three (3) business days of notification of such requirements.
GRAND PRIZES (10): Ten (10) Grand Prize Winners will each receive a check in the amount of $10,000 check. Approximate Retail Value (“ARV”) of each Contest Prize is $10,000.
ARV of all Contest Prizes is $100,000.
PRIZE CONDITIONS: All prize details are at the sole discretion of the Sponsor. All prizes are awarded “as is” with no warranty or guarantee, either express or implied. No substitution, transfer, or cash equivalent of prize is permitted, except by Sponsor, which reserves the right to substitute a prize (or portion thereof) with one of comparable or greater value, at its sole discretion. Winners are responsible for all applicable federal, state, and local taxes, as well as any other costs and expenses associated with prize acceptance and use not specified herein as being provided are the sole responsibility of the winners. All prize details are at Sponsor’s sole discretion. All terms of gift cards apply. Restrictions may apply. All such prizes shall be fulfilled by Administrator of Sponsor’s behalf.
In the Administrator’s sole discretion, a selected winner may be required to forfeit the prize and an alternate winner may be selected in accordance with these Official Rules from the remaining eligible Entries if the selected winner declines or cannot accept or fails to comply with these Official Rules. In the event that the potential winner is disqualified for any reason, the prize may not be awarded. The maximum value of the prize set forth above represents the Sponsor’s good faith determination of the maximum ARV thereof and the actual fair market value, as ultimately determined by the Sponsor and cannot be challenged or appealed. Grand Prize winners will receive from the Sponsor an IRS Form 1099 (or similar) in the amount of the ARV of the Prize.
GENERAL CONDITIONS: Contest qualification is determined when an Entry is submitted to TikTok. Proof of identity and/or residence reasonably satisfactory to the Sponsor and/or the Administrator may be required to verify eligibility. The Sponsor and the Administrator have the right to determine Contest eligibility in their discretion; all decisions concerning Contest eligibility are final. Any effort to circumvent the Contest’ limits, requirements or other terms (including, but not limited to, providing fictitious information or concealing identity or location) voids submissions and disqualifies person from participating in the Contest.
By participating, Participants accept and agree to: (i) be bound by these Official Rules, all applicable laws and the decisions of the Sponsor, which shall be final and binding in all matters; (ii) waive any rights to claim ambiguity with respect to the Official Rules; and (iii) waive all of his/her rights to bring any claim, action, or proceeding against any of the Released Parties (as defined below). Released Parties (as defined below) are not responsible or liable for Contest Entries that are entered by other than human means (such as by an automated computer program or any non-human mechanism, entity, or device), in excess of the stated limit, or for Contest Entries that are late, forged, destroyed, lost, misplaced, stolen, misdirected, tampered with, incomplete, deleted, damaged, garbled, or otherwise not in compliance with these Official Rules, and all such Contest Entries will be disqualified, or emails or other errors or difficulties of any kind whether human, technical, electronic, mechanical, network, seeding, computer, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing of Prize redemptions, emails, Contest Entries, the announcement of the Winners, or in any Contest-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by Website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Released Parties are not responsible for injury or damage to Participant’s or to any other person's computer related to or resulting from participating in this Contest or downloading materials from or use of the Website. Persons who tamper with or abuse any aspect of the Contest or who are in violation of these Official Rules, as solely determined by the Sponsor, will be disqualified and all associated Contest Entries will be void. Should any portion of the Contest be, in the Sponsor’s sole opinion, compromised by non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play or submission of Contest Entries, the Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Contest. If terminated, at its discretion, the Sponsor reserves the right to select the potential Prize Winner from all eligible, non-suspect Prize claims received prior to action taken or as otherwise deemed fair and appropriate by the Sponsor. In no event will the Released Parties be liable for more than the stated number of Prizes in these Official Rules. CAUTION: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO DISQUALIFY SUCH INDIVIDUAL AND SEEK ANY AND ALL REMEDIES AVAILABLE FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. Participants, by participating, agree that the Sponsor, the Administrator, and each of their respective parents, affiliates, subsidiaries and advertising and Contest agencies and promotional partners and all of their respective officers, directors, employees, shareholders, representatives and agents (collectively, “Released Parties”) will have no liability whatsoever for, and shall be held harmless by Participants against, any liability, for any injuries, losses or damages of any kind, including death, to persons, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of a Prize (including any travel or activity related thereto) or participation in this Contest. Each Prize is offered and provided “as is” with no warranty or guarantee by the Sponsor, either express or implied. Any and all warranties and/or guarantees on the Prizes (if any) are subject to the manufacturer’s terms therefore, and Winner agrees to look solely to such manufacturer(s) for any such warranty and/or guarantee. By participating in the Contest, each Winner acknowledges that the Released Parties have not and will not obtain or provide insurance of any kind relating to the Prizes. Neither the Administrator, or any of their respective parents, affiliates, and subsidiaries are a sponsor or co-sponsor of this Contest. Each Winner, by acceptance of a Prize, except where legally prohibited, grants permission for the Sponsor and its designees to use his/her name, address (city and state), photograph, voice and/or other likeness and Prize information for advertising, trade and promotional purposes without further compensation, in all media now known or hereafter discovered, worldwide in perpetuity, without notice or review or approval. In case of dispute as to the identity of any Participant, entry will be declared made by the Authorized Account Holder of the email address submitted at time of entry and he/she must comply with these Official Rules. “Authorized Account Holder” is defined as the natural person who is assigned an email address by an Internet access provider, online service provider, or other organization (e.g., business, educational, institution, etc.) responsible for assigning email addresses or the domain associated with the submitted email address.
INDEMNITY: Participants agree to release, indemnify, defend, and hold harmless the Released Parties from any and all liability (including, but not limited to, liability for any property loss, damage, personal injury, bodily injury, death, loss, expense, accident, delay, inconvenience or irregularity), costs and expenses (including without limitation, reasonable outside attorney’s fees) arising out of or relating in any way to: (a) your participation or inability to participate in the Contest, (b) typographical errors in the Official Rules or any Contest promotional materials, (c) acceptance or possession, defects in, use, misuse or inability to use an Prize (or any component thereof), (d) any change by any company or any other person providing any of the components of a Prize due to reasons beyond any of the Released Parties’ control or as otherwise permitted hereunder, (e) any interruptions in or postponement, cancellation, or modification of the Contest, (f) human error, (g) incorrect or inaccurate transcription, or transmission of any part of the Entry (including, without limitation, the entry information or any parts thereof), (h) any technical malfunctions or unavailability of the Contest site or any telephone network, computer online system, computer dating mechanism, computer equipment, software, or internet service provider utilized by any of the Released Parties or by you, (i) interruption or inability to access the Contest, any Contest-related web pages, or any online service via the internet due to hardware or software compatibility problems, (j) any damage to your (or any third person’s) computer and/or its contents related to or resulting from any part of the Contest, (k) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, (l) any wrongful, negligent, or unauthorized act or omissions on the part of any of the Released Parties, or any of their agents or employees, or (m) any other cause, condition or event whatsoever beyond the control of any one or more of the Released Parties. Each Winner hereby acknowledges that the Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to any Prize or component thereof, including any express or implied warranties provided by any of the Prize suppliers associated with this Contest
Participants assume all liability for an injury or damage caused, or claimed to be caused, by participation in this Contest, use of the Website, or the acceptance, or use of any Prize or Prize component. Participants further agree 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.
BINDING ARBITRATION: Except where required by law, Participants and the Sponsor waive all rights to trial in any action or proceeding instituted in connection with these Official Rules or the Contest (including any activity related thereto). Any controversy or claim arising out of or relating to these Official Rules, or the Contest shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party.
CHOICE OF LAW AND JURISDICTION: All federal, state and local laws and regulations apply. Void where prohibited by law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of any Participant and the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the substantive laws of the state of New York without giving effect to any choice of law or conflict of laws rules (whether of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than New York. Any action seeking legal or equitable relief arising out of or relating to the Contest or these Official Rules shall be brought only in the courts of the State of New York. You hereby irrevocably consent to the personal jurisdiction of said courts and waive any claim of forum non-convenience or lack of personal jurisdiction they may have.
WINNER’S LIST: For the names of the winners (available after June 20, 2022), send a self-addressed, stamped, envelope to: Propel Fitness Water’s #ShowYourJOWO Challenge Winners PO, Box 90130, Nashville, TN 37209 no later than August 5, 2022.
SPONSOR: Pepsi-Cola Company, 1111 Westchester Avenue, White Plains, NY 10604.